Loading...
HomeMy WebLinkAboutPB-09/10/1990PLANNING 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 SOUTHOL~ TOWN PLANNING BOARD MINUTES SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 SEPTEMBER 10, 1990 Present were: Bennett Orlowski Jr., Chairman S. Richie Latham Kenneth Edwards Richard Ward Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of business is public hearings on final subdivisions 7:30 p.m. Franklinville Homes This major subdivision is for fifteen lots on 35.876 acres located at La tel. SCTM ~1000-125-2.2.2. We have proof of publication in both local papers and at this time everything is in order for a final hearing on this major subdivision. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearinq none, is there anyone out there neither pro nor con but may ~ave information pertaining to this subdivision that may be of interest to this board. Hearing none, any questions from the board? Board: No questions. Mr Orlowski: Being no further questions, I'll declare this hearing closed and thank you for coming. Mr. Orlowski: John Wickham - 7:35 p.m. - This minor subdivision is for two lots on 10.550 acres located on New Suffolk Road in Cutchogue. SCTM 91000-110-8-32.1. We have PLANNING BOARD 2 SEPTEMBER 10, 1990 )roof of publication in both local papers and everything is in order for a final hearing. I'll ask if there are any objections to .his minor subdivision? Hearing none, are there any endorsements of this subdivision? Ka-en Hagen: Wickham, Wickham & Bressler - The maps have been submitted in mylar and paper form and the Health Depa 3tment exemption stamp is affixed to each copy and the covenants and restrictions which are required by the board have be ~ filed. I believe you have a copy of the recorded document. I believe everything is in order for an approval at his time. Thank you. Mr. Orlowski: Any other endorsements of this subdivision? earing none any questions from the board? Board: No questions. Fir. Orlowski: No further questions, I'll declare the hearing closed. Everything is in order for action, what is the board's ~leasure? McDonald: Mro Chairman, WHEREAS, John and Anne Wickham and Thomas and Gekee Wi ~ham are the owners of the property known and designed as SCTM ~1000-108-8-32ol, located at the east side of New Suffolk Av nue opposite Wicks Road in Cutchogue; and WHEREAS, this minor subdivision, to be known as John Wi kham Subdivision, is for two lots on 10.55 acres; 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 18, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southotd, New York on September 10, 1990; and HEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and ow therefore, be it RESOLVED that the Southold Town Planning Board approve and au horize the Chairman to endorse the final survey dated January 16, 1990. Mr. Latham: Second. ~. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? ' PLANNinG BOARD 3 SEPTEMBER i0, 1990 Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, irs McDonald, Mr. Orlowski: Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps.) Mr. Orlowski: 7:40 p.m. West Mill Road - This is to set off a ~.1207 acre lot from a 24.226 acre parcel located at Mattituck. SCTM ~1000-106-9-4. We have proof of publication in both local papers. At this time everything is in order for a final .earing. I'll ask if there are any objections to this set-off? Hearing none, are there any endorsements of this set-off? Da Ross: Wickham, Wickha~ and Bressler for the applicant. I believe everything is in order. Mr Orlowski: Any other endorsements of this subdivision? Hearing none, any questions from the board? Bo rd: No questions. Mr. Orlowski: Hearing no further comments or questions, I'll de~ are this hearing closed. Everything is in order in this application. What action would this board like to take. Mr Ward: Mro Chairman, WHEREAS~ Paul Friedberg is the owner of the property known and designated as SCTM a1000-106-9-4 located on the west side of West Mill Road in Mattituck; and WHEREAS, this set-off, to be known as West Mill Road Subdivision (set-off) is to set off a 2.1207 acre lot from a 2 .2267 acre parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Enviromental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on Octobe. 18, 1989; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 10, 1990; and WHEREAS, all the requirements of the Subdivision Re ~lations of the Town of Southold have been met; and be it therefore, RES~ LVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated April 12 1990. Mr. McDonald: Second. ' PLANNING BOARD 4 SEPTEMBER 10, 1990 ~. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mro Edwards, Mr. Latham, Mr. Ward. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). HEARINGS HELD OVER FROM THE PREVIOUS MEETINGS: Mr. Orlowski: The North FOrty - This major subdivision is fo£ chirteen 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. We are keeping this hearing open to look at alternative options of ownership of the open space. I don't think the applicant has a problem with that so I will entertain a motion to keep this hearing open. Mr. Latham: So moved. Mr. Mr. Edwards: Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Mr 3rlowski: 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 1000-72-2-2.1 & 3. This is a minor subdivision where we're looking at the alternative road specs and I donft think th applicant will have any problems. We will also keep this hearing open. I will entertain that motion. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on u~= motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Final Determinations: Mr. Orlowski: John Wickham - done already. PLANNING BOARD 5 SEPTEMBER 10, 1990 r. Orlowski: West Mill Road - Done already. Final Extensions: Mr ©riowski: Rita Brown - This minor subdivision is for four lots on 12.506 acres located at Mattituck. S~_~ # 1000-94-3-1.3. Mr. McDonald: Mr. Chairman, I would like to make a motion. RE~ ~LVED that the Southold Town Planning Board grant a six (6) month extension of the conditional final approval which was gr~nted on February 13, 1990. The six month extension will expire on February 13, 1991. Mr Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the mo~i~n? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Fir. Edwards, Mr. Orlowskio Mr Orlowski: Opposed? So ordered. ~ Orlowski: Hanoch & Watts - This proposed minor subdivision is for four lots on 12.623 acres located on the north side of Route 48, 415 feet west of the intersection with A1 ah's Lane in Cutchogueo SCTM ~ 1000-101-1-14.1. Mr. Ward: Mr. Chairman, I would like to offer the following re'~olution. RESOLVED that the Southold Town Planning Board grant a six (6) month extension of conditional final approval. Conditional final approval was granted on November 20, 1989. The six month ex ~nsion wil expire on November 20, 1990 unless all conditions of approval have been fulfilled. This is the last xtension 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? A?~s~ Mr. Edwards, Mr~ Ward, Mr. McDonald, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 6 SEPTEMBER 10, 1990 . Orlowski: Too Bee Realty - This minor subdivision is or four lots on 7.956 acres located at Mattituck. SCTM # 1000-94-3-1.3. RESQLVED that the Southoid Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional Final approval was granted on February 13, 1990. The 90 day extension will expire on November 13, 1990 unless all )nditions of approval have been fulfilled. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any question on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearing: Mr. Orlowski: Elizabeth F. McCance - This minor subdivision is for four lots on 4.739 acres located on the sober,east side of Fox Avenue on Fishers Island° SCTM ~ 1000-6-5-3, 5, 12. Mr Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board set Monday, Oc ober 1, 1990 at 7:30 p.m. for a final public hearing on the maps dated May 21, 1990. ~. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the moti .n? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr Latham, Mr. ©rlowski. Mr. Orlowski: Opposed? So ordered. Mr Orlowski: Eleanor Sievernich This minor Subdivision if for two lots on 3.7648 acres lo~ated on the east side of Cox Neck Lane in Mattituck. SCTM ~ 1000-113-8-5o Mr Ward: Mr. Chairman, I would like to offer the following. 'PLANNING BOARD 7 SEPTEMBER I0~ 1990 RESOLVED that the Southold Town Planning Board set Monday, ~tober 1, 1990 at 7:35 p.m. for a final public hearing on the maps dated July 10, 1990. Mr. Edwards: Second. r. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. McDonald. ~r. Orlowki: Opposed? So ordered. Mr. Orlowski: Martin Sidor, Jr. This proposal is to set off a 16.786 acre parcel from an existing 33.57 acre parcel located on the west side of Locust Avenue and the south side of Main Road in Mattituck. SCTM ~ 1000-115-7-13o Edwards: Mr. Chairman, I would like to offer the following. RESOLVED that the Southold Town Planning Board set Monday, October 1, 1990 at 7:40 p.m. for a final public hearing on the maps dated April 30, 1990. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on un~ motion? All those in favor? Ayes: Mr. McDonald~ Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: M. Dickinson Burns - This lot line change is on 5.976 acres located on the south side of Middle Road, C.R. ~8, 1340 feet west of Bowery Lane in Southold. Mr. Latham: Mr. Chairman, I'll move that: RESOLVED that the Southold Town Planning Board set Monday, October 1, 1990 at 7:45 p.m. for a final public hearing on the naps dated May 15, 1990. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? ' PLANN S BOARD 8 SEPTEMBER 10, 1990 Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. ~view of Reports: Mr. Orlowski: Thornton Smith - This major subdivision is for fourteen lots on 29.3064 acres, located on the north side of Sound Avenue; 952.2 feet east of Bergen Avenue in Mattituck. SCTM % 1000-121-l-p/o !.1. Mr~ Ward: Mr. Chairman, I would like to offer the following ~esolution. RESOLVED to adopt the bond estimate dated as revised August 27, 1990, and to recommend same to the Town Board. The bond ~stimate is in the amount of $329,850.00, with an inspection fee in the amount of $19,791.00. Hr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. Ward. Mr McDonald: Abstained. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mrs Orlowski: John Wickham - This lot line change is to aaa 6,370 square feet from a 31.9 acre parcel to a 25,300 square foot parcel located in Cutchogue. SCTM 9 1000-110-8-33 Mr. Latham: Mr. Chairman, I would like to make the following motion. RESt ~VED that the Southold Town Planning Board start the coordination process on this unlisted action. The board assumes !e~d agency status and in that capacity makes an initial determination of non-significance. ' PL NNtNG BOAPJD 9 SEPTEMBER 10, 1990 r. McDonald: Second. Mr Orlowski: Motion made and seconded. Any questions on the moti ~n? Mr. McDonald: Yes, I have a question, sorry I didn't bring it up in the work session but it just occurred to me. As an nlisted action in a CEA would this automatically have to have a coordinated review. Ms. .piro: It's an coordinated review. It's a type I. ~. McDonald: What I am asking, we're making a initial determination of non-significance. Is the fact that this is alisted in a CEA since it is a Type I, can we dc this? Ms Spiro: It should be starting a coordination process on the Type ~ action. Mr. McDonald: Should we amend our motion? Ms. Spiro: Yes. Mr Latham: I'll amend it and make it a Type I action. Mr. Ward: Second. r. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. ~eterminations: Mr. Orlowski: M. Dickinson Burns - SCTM ~1000-69-4-10.1, 10.2, 10.3. Mr Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board established itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative De~:laration. Mr. Edwards: Second. 'PLANNING BOARD i0 SEPTEMBER I0, 1990 Mr. Orlowski: Any questions on the motion? Ail those in ~avor? Ayes Mr. Edwards, Mr. Ward, Mr. Lathamf Mr. Orlowski, Mro McDonald. !r. Orlowski: Opposed? So ordered. CHANGE OF ZONE APPLICATIONS: Mr. Orlowski: Change of Zone Petition for Russell Mann from AC to HD. Mr Cuddy: Mr. Chairman, may I address the board° Mr. Orlowski: Yes. Mr. Cuddy: I was here a couple of weeks ago and I hadn't heard back from the board so I inquired with Ms. Scopaz the other day as to where we stood. I am not sure where we stand but I would like to say to the board that maybe there is a communication problem. This is an eight acre parcel as the board will recall which is located to the west of the Legion Hall. It is an eight acre parcel. On the west side is the affordable housing area as designated as such. To the west of it is the Long Island Railroad and to the East of it is an R-40 designation. The southside of the property which is also the applicant's property has three zones on it. It has an RO zone, a R-40 zone and an AC zone which is probably unique if not ~ost unusual. I have proposed to the board in this application that an HD designation (inaudible) I also mentioned when I was here that I thought it was appropriate to consider some other zone because it would be very poor zoning from my point of view ~nd I think that the board would agree with me that it is again at least unusual zoning to have three different zones on the ~rc~t parcel, a zone which is really not useful and virtually unmarketable property to have a two acre 1000 foot zone surrounded by affordable housing zone, a R-40 zone and the railroad tracks. In the alternative I had mentioned to the board that it seemed to me that one other possibility that is ~ight for the board because it is right next to it is the R-40 zone. Apparently there was some idea that I should have made that more definitive, I didn't realize that at the time, I just offered it as a possibility. I would like to offer to the board this proposal; that on behalf of the applicant that if it's significant to this board I would amend the application to the Town Board to have alternative zone either HD or R-40 for this lot because I think it is important that there be some change. I can't see that he should be burdened with 80,000 square foot designation~ So, at this time I~m saying to the board that if the board is going to make a determination that was simply going to be confined to the HD designation, which I can understand PLANNING BOARD I1 SEPTEMBER 10~ 1990 on the basis that that was the application report but I had hoped that there might be some concerns expressed that I would amend and will submit a formal amendment to the Town asking that you consider both the HD designation and the R-40 designation. If you make a determination, I would ask that you withhold the determination so that I might make that amendment to the application. Mr. Orlowski: Are you going to request one or the other? Are you going to say pick one? Mr. Cuddy: I am requesting it only for this reason. I think that under the zoning code that we fit into an HD district and I think from a planning point of view that that is certainly not an uncalled designation based on having the affordable housing _mmediately adjacent to it but I think also that if that for some reason is pensive to the board as having too much density in too small an area that the recognition that this is just bad zonilg. I really and truly believe that it is bad zoning to have somebody to not only have three zones on his parcel but to have him in the situation where he is the only 80,000 square foot parcel in the area. I think that something should be done about that. One of the ways to treat it was I think the HD designation. Another way to treat it is the R-40 designation and I am asking the board that if one of those is certainly is unacceptable I think maybe the other would be acceptable. My client is willing to have that done so that is why I'm asking the board to consider both of those. If the board feels that one of those is inappropriate or both of those are inappropriate I'm sure you will let us know. I was hopeful that one of those under these circumstances would be appropriate. Mr. Orlowski: O.K., well if we're going to act on a request from the Town Board tonight it will be to deny the HD. We are not about to send any recommendation over without a formal application on the R-40 but I believe that the concensus of the board would be that we could entertain something like that but not the HD. Mr. Cuddy: What I am here for is to say if what that was your in~ention, to withhold that determination and allow me to formally to say to you in writing that I will make that application and that I am making that application. What I am saying to you now, I'm here at a public meeting saying I am making an R-40 application as an alternative and I would ask that the board withhold its determination so I can do that and reconsider the aatter. Mr. Orlowski: I don't have a problem with that? Does anybody el~? Board: No. PLANNING BOARD 12 SEPTEMBER 10, 1990 Mr. Cuddy: I'll do that. I will do it immediately, I will do it tomorrow. SETTING THE NEXT PLANNING BOARD MEETING: Mr. Orlowski: Board to set Monday, October 1~ 1990 at ~:~u p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board Meeting. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the mo ion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. OrlowSki. Mr. Orlowski: Opposed? So ordered. OTHER: Mr. Orlowski: San Simeon - Chairman to sign Condominium UnLt Designation Map. SCTM ~ 1000-45-2-10.3. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Planning Board of the Town of Southo±G hereby authorizes its Chairman, Bennett Orlowski, Jr., to sign the Condominium Unit Designation Map for Section I of the San Simeon Retirement Community project located on Chapel Lane in th Town of Southold. The signing of this map shall in no way be construed as an approval of the site plan submitted for the San Simeon Project. Mr. Ward: Second. Mr. Oriowski: Motion made and seconded. Any questions on the motion? All those in favor? ~es: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. OrlOwski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Mr. Orlowski: John Beebe - Chairman to endorse maps. I'll en~'Ttain that motion. ' PL~ dING BOARD 13 SEPTEMBER I0, 1990 Mr. Latham: I would like to offer the following motion. RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated February 27, 1990. This subdivision was conditionally approved on February 13, 1990 and endorsed on April 30, 1990. 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. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward~ Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman re-signed maps, 3 paper and signed two mylars). Mr. Orlowski: Jody Adams - To discuss the Louise O. Day pr pertyo Is Ms. Adams around here. I guess not. Mr. Or!owski: John Wickham - To discuss a subdivision pr posal with the board. Mr. ~ickham: Chairman and members of the board. First I want to congratulate you for the expediency with which you have been ~onducting your business. I have had a lot of experience and s~een a lot of Planning Board Meeting's and I am impressed. ~u~mber two, i bring to your attention the fact that I offered ~he development rights to the Town of Southold on a piece of a twenty-two acre parcel of land with something over six acres of up. and and for their open space I believe I sent you a copy of the letter and I know you have the map and ~he Town of Southold has had that appraised and the appraisal came back precisely the value per acre that the DEC is giving for wetlands. Namely $3000.00 per acre. Due to the fact that this has between 800 and 1000 feet of Peconic Bay shorefront and as I said six acres of upland this is unthinkable. In order to get this thing off dead center, I have requested a sketch plan approval on a sketch plan map that Mr. VanTuyl had presented and I believe you have a copy of. This shows a minor subdivision of three lots, all of which have 80,000 square feet of land above mean high water° I would like to have my own appraiser appraise this property, but I have be~n told, it's a couple of years ago now, that it was worth a million dollars and that is a far cry from PLANNING BOARD 14 SEPTEMBER 10, 1990 hq $75,000 that the town had it appraised for. If I really wa~t to subdivide it, it's been in my family for hundreds of Fears and the offer I made the town was for them to buy the development rights and I would give them an option to buy the underlying title in a specified period of years say, twenty- five or thirty with the thought that thirty years from now the Tow~ of Southold is going to be desperate for access to Peconic Ba~and here is an opportunity to get access for salt water recreation. Not only the beach itself but assuming it could be developed, a town marina. I want to point out that this particular property was on the planning map of the County of Suffolk thirty years ago for purchase for a county marina. ~ is ~n ideal location and it has 1200 feet on a dredged channel right this minute so it has 800 to 1000 feet of Peconic Bay frontage plus 1200 feet on a dredged channel. In my thinking, as ~ planner, the Town of Southold ought to own this property at s-om~time in the future and the best way to do it is to put your foo: in the door and acquire the development rights right nuw. I'm perfectly open to suggestions but i am not going to stand still and have the DEC come in and say, this was appraised for $30)0 an acre and we'll pay you $75,000 and take us to the Court of .]laimso We are currently in the Court of Claims in the App,~ai Section right today and it is no fun and it costs a lot of Inoney and the attorney gets 33%. It is a ripoff and what it intends to show is God made green apples and I won't stand for it ,~nd so if you want me to I will go all the way for a minor sub~1ivision. I would prefer not to, i think that an approved ske':ch plan would do the trick. I could hand it to my appraiser and say, this has been approved by the Planning Board so now appraise it. Fir. Orlowski: I think again you are asking us to put a value on the property. Mr. Wickham: No, ~ am laying it on the tabie, I am being perfectly honest with you, I am not going to stand still and if you are not willing to give me sketch plan approval I will go ful~ out and say, that's the first step of course, it's got to be the first step and I am going to proceed and that is all that is to it. Mr McDonald: I have a couple of questions. The DEC has appraised this or the County has appraised it? Mr. Wickham: The Town Open Space committee had a chap appraise it. Mr. :Donald: Even if this was say twenty eight lots, any number of lots, would that make any difference in their appraisal or aren't they simply doing all their appraisals on the basis of bulk land rather than the number of lots? Mr. Wiekham: I have no idea the basis for the appraisal. PLANNING BOARD 15 SEPTEMBER I0, 1990 Mr. McDonald: The County appraisals are usually done on the basis of bulk whether there is one lot or five lots. Mr. Wickham: That is true enough but my point is that the DEC is offering $3000.00 an acre for wetlands. Pure wetlands that the tide rises and falls onr $3000.00 an acre. Mr. McDonald: The only thing I am wondering about and you should be more experienced then me because I haven't done anything, but even if you had the subdivision and if the appraisal that is coming from the town, the county, whatever may not necessarily change° Their appraisal may not change, that doesn't mean you won't have another appraisal for a different amount of money~ Mr. Wickham: You are quite right but if I have my appraisal from my appraiser then we come up with two different appraisals and if there is a vast difference in them and the town is not interested, I have also offered this property to the County of Suffolk. Right now they are in a bind and I'm anxious to move. I'm perfectly willing to go the full house for a minor subdivision but it seems to me that that's not necessary because the first step is getting sketch plan approval. I want it all out in the open, I want everybody to know just where I stand. I am making an offer to the Town of Southold that I think they would be foolish not to accept. Where else can you get 1000 f~et of Peconic Bay beach plus 1200 feet that are dredged now. Mr. Orlowski: To proceed with a minor subdivision you would have to show us a yield map that you could get that yield. Mr. Wickham: I think Mr. VanTuyl's map shows three upland lots. Mr. Orlowski: It does, but it is not a yield map it doesn't show any wetlands or unbuildable area on here and being a little familiar with the property I know there is some of that down there. Mr. McDonald: You would have to have that and then you would have to go to the Trustees to verify the wetlands. Mr. Orlowski: The one thing that puzzles me is I mean you are looking at a large lot down there with 1200 foot of bay frontage and anybody that tells you that it is only worth only $75,000 has got to have rocks in their head and I don't know why you would want to proceed with any subdivision° The appraisal is wrong~ Mr. Wickham: Alright, but you can't go to them and say, look your appraisal is way off base~ you can't do that because I've got to come in with a different appraisal. PLi~NNING BOARD 16 SEPTEMBER 10, 1990 Mr. McDonald: I think what Benny is saying though is that even as a single lot, just a separate and single lot the value of this is so far in excess of $75,000.00. This is just our unprofessional opinion. The value of this is so far above $75,000 that it is incredible that they offered you that. Mr. Wickham: I understand what your saying but there is one thing and that is I have unfortunately been forced to deal with the DEC for something like four years and I know very well that they, and I suspect that the real reason that the appraisal was so low is because Dick Ryan was on the board of the open space committee for the Town of Southold. Dick Ryan works for the DEC and he said that is the price. I am not going to stand still and have the DEC move in and say that it has been appraised for this and this is what you will pay us and take us to the Court of Claims. I am not going to do that. Mr. Orlowski: What I am saying is that right now, rather then proceed with a subdivision and yield maps and engineering reports and test holes and the whole nine yards, you have a good case right now with a single lot. You have 1200 foot of bayfront and there is nothing like it in the town and anybody would know it is worth more than $75,000. I think any attorney could take that case to court and have a pretty good ground to stand on. Mr. McDonald: Even to get to a sketch plan on this is going to be a lengthy process because of the wetland. We will have to send it to the Trustees for verification, we're talking about quite a few months before we even get to the yield map knowing the back log of the Trustees so you are looking at a lengthy process. You are certainly free to make the application and we will process it but you are looking at a lengthy process to even get us to the yield map. Mr. Wickham: Well, do you have any other suggestions? Mr. Orlowski: Yes~ find a good attorney and take them to court because they are nuts to offer you $75,000.00. Mr. McDonald: Right now, any appraiser has got to value this way; way in excess of that amount of money. Mr. Wickham: Look, I have never yet taken the Town of Southold to Court and I don't expect to, that's not my way of doing business. Mr. Oriowski: You don't have to sell it to them either. Mr. Wickham: I know that but again, I am not going to stand still. PLANNING BOARD 17 SEPTEMBER 10, 1990 Mr. Orlowski: I think whether it is three lots or one lot, I think the value is still going to be the same for this property. Mr. Wickham: If I set off one lot? Mr. Orlowski: Well, there again you have to proceed with the yield map and the engineering and everything else to see if you have a buildable area. Mr. Wickham: No, No, because if I set off one lot from the twenty- five acres. Mr. Or!owski: It would be a subdivision. Mr. Wickham: I really the feel the need for someway out with less than three years, not that the three years bothers me any, I would just like to be here three years from now. Mr. Orlowski: I know you will be, I know it. Mr. Wickham: I wanted to present it all forms~ i just feel that the Planning Board ought to know, that in my opinion twenty-five years from now, the DEC not withstanding the Town of Southotd is going to be desperate for more access to salt water recreation. Mr. Latham: I agree with you. Mr. Orlowski: O.K., moving on is there any other questions or comments in the audience? Mr. Bob Graeb: I appeared before you people several mon~n~ ago on the application I have before the board on my subdivision. I did get a letter from you whereby you did reduce the width of the road from 20 feet to 16 feet which I appreciate. The problem is money. Now, you have requested I put a bond up for $150,000 which I assume what. you estimate what the cost of the improvements would be. Is that correct? Mr. Orlowski: Yes. Mr. Graeb: As I explained to you, my only purpose in applying for this subdivision is to give two lots to two of my children. The greenhouse is already in place and my house is already in place. So really what I would be picking up is .two building lots from this s-~bdivision. When I bought the land, I paid roughly $18,000 an acre so that each of these two lots would cost ~36,000o Now, if I was to spend the $150,000.00 to get this subdivision what that really means I would be spending $75,000.00 for each one of those two .extra building lots which would bring the total cost of those building lots to about PLANNING BOARD i8 SEPTEMBER 10, 1990 $110,000.00. Now, in today's market you know that that is probably triple what the value of the land is. If I had $150,000.00, I would probably be better off buying two building lots in that case. But I don't have $150,000.00. I have lived there now over a year and a half and we have what you call a road and I call it a driveway but we put some gravel in and we've had no problems at all. We've had heavy rains, we had two heavy snow storms, we plowed it out with no problem° What I am asking you and I realize that there has to be some terms and conditions and assume rules to follow however, I have been a member of the Mattituck school board now for almost twelve years and we have standard operating procedure, we have school policies and we have bent those policies when it to the benefit of all the people, it made common sense. What I am really questioning is that I be allowed to build two more houses at some future date and that isn't even in there because my kids don't have enough money to build a house. But I would like for them to be able to do it within two or three years. All I am asking for really is that the requirement for a road be dropped and to further complicate the situation, I was requested to put in a firewell and that would cost in the area of $11,000.00 and I had the members of the Cutchogue Fire Department up to the greenhouse in the early part of the summer so they could see, we heat by propane so, I wanted to show them where the valve's were and everything in the event of fire they could handle the situation. I asked the chief, if my house caught on fire tonight, how would you fight the fire? He said we could work out something. I have a swimming pool that has 33,000 gallons of water so I said why can't you use that? Well, we can't use that because if we damage you could sue us. I said I would give them a letter stating I wouldn't. Also, in the greenhouse we have a six thousand reservoir because our irrigation system pumps out water faster than the well will replace it so we have that they could tap into. But no, no they had to have a firewell. Then I talked to one of the commissioner.'s, I said, why do you require this? Well they said the Planning Boara requires it. I came to the Planning Board and Melissa said no, and referred us back to the Fire Department° The bottom line is, I can't afford an $11,000.00 well either but I've got about three quarters of a million dollars invested in that place already and I can't borrow anymore money. It just doesn't seem to make sense to me that here I've got the land, I've got two kids that are renting, and they can't build houses there. I have the land bUt I don't have the money to meet your requirements. I still think common sense can prevail in extenuating circumstances and that is my case. If I put the road in then I have to put in drainage and I don't have a drainage problem but if I cover it with asphalt then I create drainage problems then we have to put in drainage wells. Why don't we leave it the way it is. We're on an aquifer on the North Fork so why contaminate it with oil when we don't have to. Mr. Orlowski: Well, if your road is hard enough you are not perculating through the road. PLANNING BOARD 19 SEPTEMBER 10t 1990 Mr. Graeb: Benny, we heat the greenhouse with propane now we get loads of 10,000 gallons of propane at a clip and they have never bogged down. They don't go all the way back, but they go a third of the way back and I don't know what a load of 10,000 gallons worth of propane weighs but I bet it is a hell of a lot more than a fire truck. Also~ I am willing to put in a covenant, that in the event, anyone of those building lots are sold to a non family party, I would be willing to have in that covenant~ could not be sold unless all the town requirements are met. But, to invest $110,000 in two acres, is ludicrous. Mr. Orlowski: Well Bob, sometimes the rules we have before us and what we have done with them, I mean they were a lot stricter before and we've cut them down as much as we feel we can. There has never been a case when we have flat out had a subdivision and said don't worry about building a road because we can't do that. Mr. Graeb: I'm not trying to make money on this, in fact, I'm probably going to have to pay a gift tax to give these lots to the kids. So I'm not making money on it. These kids were born and brought up in this town and they want to stay in this ~own. Mr. Orlowski: I know, I can feel for you but you know... Mr. Graeb: I've been on government boards and when common sense prevails, you usually can work something out. Mr. McDonald: Benny~ he is about to get a governmental run around but in all honesty I think that since we have done yours, we've discovered that we didn't even really technically had the power to give you the sixteen foot road° We don't have the power to relieve the highway specifications at all, it has to come from the town board. ~ir. Ward: We'll get back to you on it. Mr. Graeb: Well, I want to thank you for listening to me and thank you for anything you can do. Mr. McDonald: Would you be prepared to readjust the lots in some way to try to solve this problem? Mr. Graeb: I'm completely adjustable, because I said this is a family operation. If I had the money, I could buy two lots. Thank you very muCh. Mr. Orlowski: I'm at the end of my agenda. Does anyDou3 L~vu anything else they would like to bring up? Mr. Danowski: I got here late and I just assuming that Franklinville Homes and North Forty are no problem. Mr. Orlowski: No. PLANNING BOARD 20 SEPTEMBER !0, 1990 Mr. Edwards: I have something Mr. Chairman. On August 25, as most of the board members know., we had the dedication of our affordable housing project at Walsh Park on Fishers Island. It was very impressive and this board had a big part in that project. Mr. LaValle was there and gave a nice talk and Mr. Orlowski was suppose to be there and give a nice talk. Mr. Orlowski: I apologize. Mr. Edwards: Proceeding the dedication of the project and the road was the third annual golf tournament which they raised $7000.00 this year which goes to the open space area. Mr. Orlowski was registered to play in that tournament but he didn't make it again. Mr. Orlowski: Well, how am I going to get there? Well, I'm glad to see it getting off the ground. It was the fastest moving affordable housing project in the Town of Southold and probably the best. I'm sorry i didn't make it but you a ........ weather was very bad that day. Mr. Edwards: I hope you make it next year. Mr. Orlowski: Any other comments or questions? No further questions, I~ll declare this meeting closed. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on une motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards~ Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Meeting adjourned at 8:30 p.mo Bennett OrlbQski, Jr., Chair~n