HomeMy WebLinkAboutPB-10/02/1990PLANNING 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
MINUTES
OCTOBER 2, 1990
Present were:
Bennett Orlowski Jr., Chairman
G. Richie Latham
Kenneth Edwards
Richard Ward
Mark McDonald
Valerie Scopaz, Town Planner
Melissa Spiro, Planner
Holly Perrone, Secretary
PUBLIC HEARINGS:
Mr. Orlowski: Good evening, I would like to call this meeting
to order. First order of business, at 7:30 p.m. Elizabeth F.
McCance - This minor subdivision if for four lots on 4.739
acres located on the southeast side of Fox Avenue on Fishers
Island.
SCTM % 1000-6-5-3, 5, & 12. We have proof of publication in
both local papers. At this time everything is in order for a
final hearing. I'll ask if there are any objections to this
subdivision? Hearing none, are there any endorsements of this
subdivision? Are there any questions from the board?
Board: No questions.
Mr. Orlowski: Hearing no further questions, I'll declare this
hearing closed.
Mr. Edwards: I would like to offer the following resolution.
WHEREAS, Elizabeth F. McCance is the owner of the
property known as designated as SCTM ~ 1000-6-5-3, 5.1 & 12
· ~L~ANNING BOARD 2 OCTOBER 2, 1990
located at the southeast side of Fox Avenue on Fishers Island;
and
WHEREAS, this minor subdivision, to be known as Elizabeth
F. McCance Minor Subdivision, is for four lots on 4.739 acres;
and
WHEREAS, a variance for insufficient area was granted by
the Zoning Board of Appeals on September 21, 1989, with a
condition that the kitchen be taken out of the accessory cottage
in lot three, and it only be used for sleeping ~aarters; and
WHERRAS, 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 5, 1990; and
WHEREAS, a final public hearing was closed on said
subdivision application at the Town Hall, Southold, New York on
October 2, 1990; and
WHEREAS, all the requirements of the Subdivision
regulations of the Town of Southold have been met; and
now therefore, he it
RESOLVED that the Southotd Town Planning Board approve and
authorize the Chairman to endorse the final survey dated May 21,
1990.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald,
Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps.)
Mr. Orlowski: O.K., next order of business at 7:35 p.m is the
public hearing of Eleanor Sievernich - This minor subdivision
if for two lots on 3.7648 acres located on the east side of Cox
Neck Lane in Mattituck.
SCTM $ 1000-113-8-5. We have proof of publication in the
local papers and at this time everything is in order for a final
hearing. I'll ask if there are any objections to this
subdivision?
Mr. Dan Ross: For Mr. & Mrs. Sidorowicz, next door neighbors
to the lot in question. Opposition is based on insufficient
footage, square footage of the lot in question to subdivide. I
would first like to hand up a previous survey done by Young and
PLANNING BOARD 3 OCTOBER 2, 1990
Young showing the lot as 3.6171 acres. I sketched my
calculations with respect to that the square footage for the two
lots on the side and it seems that on at least the old survey
there is not enough square footage. Now, if that survey is
compared to the survey that is before the board, there will be
different lines I believe the northern, strike that I mean, the
southern line in the survey that is before the board on this
application is changed from the survey that is before the board
that I just handed up. I would suggest that to investigate this
is to ask for a title report with respect to this property to
see exactly what the applicant owns in terms of the title to the
property. The second opposition is based on slopes on the
property. Under Section 100-13, of the Zoning Code and
particularly the definition of build-hie land, the net area of
a lot or parcel after deducting wetland streams, ponds, slopes
over 15% , under water land etc.. It seems as though there are
sloping areas over 15%. I don't believe the maps before the
board have set out how much square footage this is. It has come
to our attention that in the past the board has requested
applicants to exclude areas of greater than 15% slope for yield
purposes and I would like to hand up a June 11, 1990
correspondence from the board requesting that with respect to a
different subdivision. Along these same lines, I don't believe
the wetlands area is delineated on the maps before the board. I
don't know, it's waterfront property and it shows the high water
mark. Wetlands is defined in the code I believe in terms of
vegetation and I think it is possible at least that there are
areas shown on the map that are both at the high water mark but
are wetlands none the less and that might be looked into. The
third area of contention is property to the north bordering Mr.
& Mrs. Sidorowitz's property. There is a dispute going on
with respect to title along those lines and I would just like to
hand up the pleadings with respect to that suit and to make it
part of the record in terms of whether they have true property
is a question also. That is the basis of our opposition. I
understand that the hearing is going to be held open at the
request of the attorney for the applicant. I would just like to
be notified before the hearing is closed so I have a chance to
review anything that is submitted after tonight. Would that be
possible?
Mr. Orlowski: Yes, no problem.
Mr. Ross: Thank you.
Mr. Orlowski: Any other objections to this subdivision?
Hearing none, are there any endorsements of this subdivision?
Hearing none, is there anyone out there neither pro nor con but
may have information pertaining to this sHhdivision that may be
of interest to the board? Hearing none, any questions from the
board?
Board: No questions.
PLANNING BOARD 4 OCTOBER 2, 1990
Mr. Orlowski: O.K. this is all new and interesting
information and we will have to review it. I'll entertain a
motion to keep the hearing open.
Mr. Latham: So moved.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Edwards, Mr. Ward,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: 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 ~1000-115-7-13. We have proof
of publication in both local papers and at this time everything
is in order for a final hearing. I'll ask if there are any
objections to this final hearing? Hearing none, are there any
endorsements of this subdivision?
Mr. Cuddy: Mr. Chairman, members of the board, I'm the
attorney for the applicant. I would like to just simple point
out that this is farmland and will remain farmland and I would
ask the board to approve it.
Mr. Orlowski: O.K., any other endorsements of this
subdivision? Hearing none, any questions from the board?
Board: No questions.
Mr. Orlowski: Being there are no further questions, I will
declare this hearing closed. Does the board have any pleasure?
Mr. Ward: Mr. Chaizman, I would like to offer the following
resolution.
WHEREAS, Martin Sidor and Stella S. Radford are the
owners of the property known and designated as SCTM ~
1000-t15-7-13, located at the west side of Locust Avenue, south
side of Main Road (S.R. 25), north side of New Suffolk Avenue in
Mattituck; and
WHEREAS, this set-off, to be known as set-off for Martin
Sidor, Jr., is for a set-off of 16.786 acres from a parcel of
33.573 acres; and
PLANNING BOARD 5 OCTOBER 2, 1990
WHEREAS, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617,
declared itself Lead Agency and issued a Negative Declaration on
June 25, 1990; and
WHEREAS, a final public hearing was closed on said
subdivision application at the Town Hall, Southold, New York on
October 2, 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
30, 1990.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Ward, Mr. Latham,
Mr. Orlowski, Mr. Edwards. (Chairman endorsed maps).
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: 7:45 p.m.M. Dickinson Burns - This lot line
change is on 5.976 acre parcel on the south side of Middle Road,
C.R. 48, 1340 feet west of Bowery Lane in Southold.
SCTM ~ 1000-69-4-10.1, 10.2 & 10.3.
Mr. McDonald: Mr. Chairman, I would like to offer the following
resolution.
WHEREAS, Robert D. and Catherine M. Burns are the owners of
the property known and designated as SCTM ~ 1000-64-4-10.1,
10.2 & 10.3 located on the south side of Middle Road, C.R. 48,
1340 feet west of Bowery Lane, Southold; and
WHEREAS, this lot line change, to be known as Lot Line
Change for M. Dickinson Burns, is to change the right-of-way
from the east side of property to the west side of the property.
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
September 10, 1990; and
PLANNING BOARD 6 OCTOBER 2, 1990
WHEREAS, a final public hearing was closed on said
subdivision application at the Town Hall, Southold, New York on
October 2, 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
September 20, 1990.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards,
Mr. Ward, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Hearings Held Over From Previous Meetings:
Mr. Orlowski: The North Forty - This major subdivision is
for thirteen lots on 30.3565 acres on the south side of Oregon
Road; 62I feet west of Depot Lane in Cutchogue.
SCTM ~ 1000-95-4-14.1. I think the applicant would like for
us to keep it open for a while so we can discuss the open
space.
Mr. Ward: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards,
Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: 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 $t000-72-2-2.1 & 3. The applicant would like us to keep
it open while we discuss the right-of-way.
PLANNING BOARD 7 OCTOBER 2, 1990
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald, Mr. Orlowski,
Mr. Latham, Mr. Edwards.
Mr. Orlowski: Opposed? So ordered.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF
APPLICATIONS:
Setting of Final Hearings:
Fir. Orlowski: Lon9 Pond Estates Section 2 - This major
subdivision is for thirteen lots on 29.87 acres at
Arshamonaque in Southold. SCTM $ 1000-56-1-P/O 2.
Mr. McDonald: Mr. Chairman, I would like to make the following
motion.
RESOLVED that the Southold Town Planning Board set Monday,
October 22, 1990 at 7:30 p.m. for a final public hearing on the
maps dated September 28, 1990.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham,
Mr. Ward, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Estate of George Wells - This major
subdivision is for three lots on 28.653 acres located on the
west side of South Harbor Road; 1248.26 feet south of Main Road
in Southold.
SCTM ~ 1000-75-7-1.3, 1.4 & 1.5.
Mr. Ward: Mr. Chairman, I would like to offer the following
motion.
RESOLVED that the Southotd Town Planning Board set Monday,
October 22, I990 at 7:35 p.m. for a final public hearing on the
maps dated April 28, 1990.
Mr. Latham: Second.
PLANNING BOARD 8 OCTOBER 2, 1990
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski,
Mr. Edwards, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Mr. Pugliese and Calabrese - This
proposed subdivision is for two lots on 41.78 acres located 853
feet west of Bridge Lane; on the north side of Route 25 in
Cutchogue.
SCTM $ 1000-97-1-P/O 12.
Mr. Edwards: Mr. Chairman, I would like to offer the following
motion.
RESOLVED that the Southold Town Planning Board set Monday,
October 22, 1990 at 7:40 p.m. for a final hearing on the maps
dated June 22, 1990.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Orlowski,
Mr. Ward, Mr. Latham.
Mr. Orlowski: Opposed? So ordered.
Final Extensions:
Mr. Orlowski: Wild Oats - This major subdivision is for
seven lots on 14.734 acres located on the northwesterly corner
of Indian Neck Land and Leslie's Road in Peconic.
SCTM $ 1000-86-4-6.
Mr. McDonald: Mr. Chairman, I would like to make a motion.
RESOLVED that the Southold Town Planning Board grant a
ninety day (90) extension of conditional finaI approval.
Conditional final approval was granted on November 20, 1989, and
a ninety (90) day extension was granted on April 30, 1990. The
ninety day (90) extension Will expire on November 20, 1990
unless all conditions of approval have been fulfilled. This
will be the last extension the Planning Board will be granting.
Mr. Edwards: Second.
PLANNING
Mr. (]
motio
Ayes:
Mr. 0
BOARD 9
rlowski: Motion made and seconded.
n? Ail those in favor?
OCTOBER 2, 1990
Any questions on the
Mr. Edwards, Mr. McDonald, Mr. Latham,
Mr. Orlowski, Mr. Ward.
rlowski: Opposed? So ordered.
Mr. Raynor: Is there any other elemenu missing now from this
file? It is my understanding that council's filed the remaining
conve~ants and restrictions for the homeowners association.
Mr. O~lowski: Melissa will check and call you in the morning.
Mr. Raynor:| O.K., thank you.
Mr. Orlowski: North Roa~ Associates - This major
subdivision is on 16.886 acres located in Orient.
SCTM ~1000-18-4-1.2.
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
Board'
43 da·
this
~ESOLVED to extend the time period in which the Planning
must take action after the final hearing for an additional
· ~s- The extension will run until November 13, 1990.
{udolph Bruer, agent for the applicant, has requested
~xtension of time.
~wards: Second.
Mr. O:
motio]
Ayes:
Mr. O~
Mr.
:lowski: Motion made and seconded.
Ail those in favor?
Mr. Edwards, Mr. Latham, Mr. Ward,
Mr. McDonald, Mr. Orlowski.
:lowski:
~lowski:
Any questions on the
Opposed? So ordered.
Henry Appel - This major subdivision is for
seven lots on 15.3573 acres located at the southeast corner of
New Suffolk Avenue and Ole Jule Lane in Mattituck.
Mr. Edwards: Mr. Chairman, I would like to offer the following
motion.
~ESOLVED that the Southold Town Planning Board grant a
ninety (90) day extension of conditional final approval.
Conditional final approval was granted~on March 6, 1990. The 90
PLANNING BOARD 10 OCTOBER 2, 1990
day extension will expire on December 6, 1990 unless all
conditions of approval have been fulfilled.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski,
Mr. Latham, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Orient Park Estates (formerly George & Irving
Newman). This minor subdivision is for four lots on 16.1073
acres located in Orient. SCTM ~1000-19-1-15.
Mr. McDonald: Mr. Chairman, I would like to offer the following
resolution.
RESOLVED that the Southold Town Planning Board grant a six
(6) month extension of the conditional final approval.
Conditional final approval was granted on April 9, i990. The
six (6) month extension will expire on April 9, 1991 unless all
conditions of approval have been fulfilled. This will be the
last extension that the Planning Board will be granting.
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. Ward.
Mr. Orlowski: Opposed? So ordered.
Preliminary Extensions:
Mr. Orlowski: Thornton Smith Estates Sections II & III -
This major subdivision is for thirty-five lots on 80.6146 acres
located north of Sound Avenue and east of Bergen Avenue in
Mattituck.
SCTM # 1000-121-1-1 P/O 19.9.
Mr. Ward: Mr. Chaiz~L~an, I would like to offer the following
resolution.
PLANNING BOARD 11 OCTOBER 2, 1990
RESOLVED that the Southold Town Planning Board grant a six
month extension of preliminary approval from November 20 1990
to May 20, 1991. '
Please note that this is the last extension that the
Planning Board will be granting.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski.
Abstained: Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Sketch Determination:
Mr. Orlowski: Southold Villas - This major subdivision is
for seventeen lots in a proposal which also contains a site
plan for sixteen condominium units on an eighteen acre parcel in
the Affordable Housing District.
SCTM ~ 1000-70-1-6.
Mr. McDonald: Mr. Chairman, I would like to offer the following
motion be made in reference to the subdivision proposal:
It was RESOLVED that the Southold Town Planning Board grant
sketch approval to the seventeen (i7) lot subdivision proposal
as shown on the map dated September 13, 1990, with the following
conditions:
1. That the road which is currently shown as a "future
road" is named, and that the pavement width is shown.
2. That the type of vegetative screening to be used in the
one hundred (100) foot buffer zone on the east side of the
affordable housing section be shown on the map.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Orlowski, Mr. Ward,
Mr. MCDonald, Mr. Latham.
Mr. Orlowski: Opposed? So ordered.
PLANNING BOARD 12 OCTOBER 2, 1990
Mr. Orlowski - Charles P. Simmons - This proposal is to set
off a 2.01 acre parcel from an existing 36.33 acre parcel
located on the north side of Sound Avenue; 1700 feet west of
Bergen Avenue in Mattituck. SCTM ~ 1000-112-1-P/O 8.
Mr. Latham: Mr. Chairman, I would like to make the following
resolution.
RESOLVED that the Southold Town Planning Board grant sketch
approval on the map dated September 24, 1990.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards,
Mr. Latham, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Raynor: May I please interrupt you again. You have all
received the correspondence from the applicant kind of playing
ball with his existing situation. Is it my understanding, kind
of coming in in the eighth inning, with regard to his original
subdivision that the entire bond is the length of the road from
BergenAvenue inclusive to his subdivision, presently endorsed
by this board?
Mr. Orlowski: Yes.
Mr. Raynor: Alright. There was some question in my mind as
to it covering 100% of all areas that including right through
the homestead.
Mr. Orlowski: Yes.
Mr. Raynor: Any specific additional information the board
would want concerning final before this is settled.
Mr. Orlowski: Our concern is you know, he is subdividing this
fOrthe second time and we're concerned as to When this road will
be constructed.
Mr. Raynor: O.K., I just want to make sure that the town is
completely in a position where they have surety as well as the
applicant wishing this to be. It is in no way something of any
type of subterfuge. He is desirous of living there and the
board is well aware that the remaining parcels has been sold
for development rights as opposed to going into development for
residential. If there is anything additional that would keep
the board's mind at ease that we can fulfill to them we would be
more than happy to.
PLANNING BOARD 13 OCTOBER 2, 1990
Mr. Orlowski: Alright, I think the biggest question is when
do you plan to build this road?
Mr. Raynor: It is my understanding, speaking to the applicant
this morning in New York that upon sale of the first parcel he
would then have funds to develop the entire road as prescribed
in the bond.
Mr. Ortowski: That is the development right parcel?
Mr. Raynor: No, that would be the minor subdivision 8.8
parcel in that minor s~,bdivision.
Mr. McDonald: Is that his full time residence?
Mr. Raynor: No, no, it is not. It will be. He hopes to have
it his full time residence. It is unfortunate that there is a
certain domestic situation that the further fulfillment of
additional surety has become quite a problem. Guess that is a
nice way to say it.
Mr. Latham: He would put the road in on the sale of the first
lot, not the development right. What does that mean on the sale
of the first lot?
Mr. Raynor: He has a subdivision he filed before this board
and as soon as he has money from the sale of one of these
properties he will develop the entire road to specifications.
You have a letter of credit before you now. He has no intention
of ever selling the homestead. He is well aware. He has
contracts contingent on fulfillment before the end of the year,
I think it's December 15th, to have this turned into vineyard.
Mr. Ward: Well, if the option does exist and he can get any
income at all at the present time from that (inaudible) if he
put it into even the base of the road you could reduce the bond
or letter of credit to that extent.
Mr. Raynor: Mr. Ward, I have got to tell you he has to live
off what is forthcoming and the current. That is the situation
and I want to be as straight forward about it as possible and he
has authorized me to tell the board this. Thank you.
Mr. Orlowski: O.K.
Review of Report: Suffolk County Planning Coim~ission
Mr. Orlowski: Summit Estates - This major subdivision is
for thirty-five lots on 40.8223 acres located on the southwest
corner of Main Road (NYS Rte. 25) and Shipyard Lane in East
Marion. SCTM 91000-35-8-5.3.
RLANNING BOARD 14 OCTOBER 2, 1990
Mr. McDonald: Mr. Chairman, I would like to offer the following
motion.
RESOLVED to adopt the September 6, 1990, Suffolk County
Planning Commission report with the following amendments
(numbers correspond to numbers in report):
1 & 2 Are to remain as written.
Is to be omitted. However, the document is to
include a statement that the fence which extends
into Open Space Parcel "C" is to be removed, as
are the structures which are shown in that area.
4, 5, 6 & 7
Are to remain as written.
J
The Planning Board will be requiring that a draft
Homeowner's Association be submitted for review by
the Town Attorney. This document must be filed
prior to any endorsement of the map by the
Planning Board Chairman.
J
To be revised to read: These covenants and
restrictions can be modified only at the request
of the then owner of the premises with the
approval of a majority plus one of the Planning
Board of the Town of Southold after a public
hearing. Adjoining property owners shall be
entitled to notice of such public hearing but
their consent to such modification shall not
be required.
10.
Is to remain as written with the addition
that the Liber and Page number of the filed
document must be included on the final map.
In reference to:
Comment 91.
The Planning Board awaits a determination from
the New York State Department of Transportation
on this item. You will be notified should this
be required.
Comment ~2.
The Planning Board requested that a restriction
be Provided stating that the drainage pond be
left intact in perpetuity. In addition, there
is to be no lot or road drainage into the pond.
Numbers 1, 2, 4, 5, 6, 7, 9 and Comment ~2 must be
presented in a Declaration of Covenants and Restrictions in
proper legal form. A copy of the draft Declaration of Covenants
and Restrictions must be submitted for review by the Planning
Board and the Town Attorney. Once approved, the document must
be filed in the Office of the County Clerk.
~LANNING BOARD 15 OCTOBER 2, 1990
Number 10 must be shown on the final map. You will be
notified should comment G1 be required to be shown on the map.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any ~estions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Ward, Mr. Latham,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Review of Reports: Bond
Mr. Orlowski: Long Pond Estates - SCTM $ i000-56-1-P/O 2.
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
RESOLVED to adopt the bond estimate dated as revised
September 28, I990, and to recommend same to the Town Board.
The bond estimate is in the amount of $193,595.00, with an
inspection fee in the amount of $11,615.70.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF
APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead Agency Coordination:
Mr. Orlowski: Southotd Villas - SCTM $1000-70-1-6.
Mr. Edwards: Mr. Chairman, I would like to make a motion.
The following motion is made in reference to both the
subdivision and the site plan:
It was RESOLVED that the Southold Town Planning Board start
the coordination process on the unlisted action. The Board
~LANNING BOARD 16 OCTOBER 2, 1990
assumes lead agency status, and in that capacity makes an
initial determination of non-significance.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald, Mr. Latham,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Charles Simmons - SCTM $ 1000-112-1-P/0 8.
Mr. Ward: 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. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward,
Mr. Edwards, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
SEQRA Determinations:
Mr. Orlowski - A. P. Sepenoski - This.proposal is to set
off a 90,697 square foot parcel from an existing ten acre parcel
located on Main Road in East Marion.
SCTM $1000-3I-1-5.2
Mr. Ward: Mr. Chairman, I would like to offer the following
motion.
RESOLVED that the Southold Town Planning Board, acting
under the State Environmental Review Act, make a determination
of non-significance, and grant a Negative Declaration.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
PL~ANNING BOARD 17 OCTOBER 2, 1990
Ayes: Mr. Ward, Mr. Orlowski, Mr. Edwards,
Mr. McDonald, Mr. Latham
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Pugliese & Cal~brese - SCTM 9
1000-97-1-12.1
Mr. McDonald: Mr. Chairman, I would like to make a 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. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Ward, Mr. Latham,
Mr. Orlowski, Mr. Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Board to set Monday, October 22, 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. 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.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Approval of Planning Board Minutes. Board to
approve the June 25, 1990 and July 16, 1990 minutes.
Mr. Latham: Second.
Mr, Orlowski: Motion made and seconded. ~n¥ questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
PLANNING BOARD 18 OCTOBER 2, 1990
Mr. Ortowski: Opposed? So ordered.
Mr. Orlowski: Moving on to Other - Do we have any other?
Mr. Bill Leiblein - Port of Eg!rpt - The reason for coming
tonight is because I didn't get a chance to come to your last
work session and what I was hoping to do tonight was make a list
of the things that I still need to do or have done before you
can say we've had site plan approval and can go to the Building
Department and start working again on getting a building
permit. Since my last conversation with you Benny and with Bob
Kassner, Merle Wiggins has been talking with the folks from
the Board of Health in Riverhead and I believe he is preparing
a set of plans to take up to them to get stamped and I
understand that they don't have any questions. I have been in
communication with Jim Lentini with the New York State
Department of Transportation and Traffic Division with regard to
the curbing and curb cuts and shoulder work and I saw him on the
week-end and he said to call him today which I did and he was
going to get back to me and try to get together with me this
week or early next week and I have also contacted one of the
curbing contractors that did the work for Mr. Mandel, I
believe it was Wayside. I have gotten some rough ideas of the
cost and it is expensive but it is not out of line. One of the
questions in my mind is I don't know how long it takes to get
the permit from the New York State Department of Transportation
but I sent you a letter in which I said I am on record as saying
whatever they want me to do, I'll do it. One of the questions
is that I said in my mind is I said, what else do I have to do
with regard to curbing to keep the Planning Board happy. If I
say, I will do whatever they say, are you prepared to then say,
subject to you putting in curbing as required by the state, you
have site plan approval with that particular area, otherwise I
see another year going by possibly. I don't know I'm sure it
doesn't take that long but I would like to be able to proceed.
I don't know whether I'm going to be able to go fast enough to
get anything done this winter so I can use the building this
winter. It is getting so short now that it might not work but
I've still got it in the back of my mind.
Mr. Orlowski: I don't see a problem if we get the
correspondence from the Department of Transportation and what
they are going to ask for. Does this board have any problem
with this?
Mr. Ward: I really don't have any problem with subject to.
Mr. Leiblein: One of the things is that until I talk to them
as to what they want I can't put it on the final, plans and you
have asked for a final plan with the building size, the changes
that were made as a result of the Zoning Board of Appeals.
We're deleting where the Gift Shop was and we're making the
PLANNING BOARD 19 OCTOBER 2, 1990
building a little bit smaller, so all that there was one plan
dropped off just to be used at a work session but Merle said if
I go through and make all these changes and then I have to make
another set and put the curbing in and make another set, we're
trying to get it down and make one more set and get as many
things on it as you want.
Mr. Orlowski: The set that was dropped off today, that's not
the final set then.
Mr. Leiblein: I don't know what Merle dropped off today, he
said about two weeks ago he dropped off one set of plans, six
or eight copies or whatever is normally required.
Ms. Scopaz: He dropped off another set this afternoon and
they have already been reviewed and there was some discrepancies
but Bob is going to call you tomorrow and go over the listing.
I just want to add one thing if I am reading you correctly, if
you are willing to consider his proposal about the subject to
that perhaps you could ask Mr. Lentini to simply submit the
proposal to you before he finalizes it so you at least know what
the state is considering.
Mr. Leiblein: Basically, what they said to me last year and I
will reconfirm now. Mr. Lentini said you hate got two curb
cuts here, one where people turn in right along Side your
building and drive down past the boats that a~e on display and
another area where they kind of drive in and go to Amando's.
Then you have where the Old Main Road comes onto the highway so
you get three entrances to the highway in 200 feet and we don't
like that. I said that is not a problem so I put those two
columns out there and it is pretty hard to drive through those
and everyone comes in the entrance in front of Amando's. My
plan is to have a large enough curb cut so that as you are
leaving there can be one lane for right hand turns and one lane
for left hand turns and one fairly wide lane coming in and I
haVen't talked to Mr. Lentini but as I approach my place from
the West, if the shoulder is improved enough, you can have a
solid line that curves over to the right so that people that are
coming up and slowing down can get off the main right-of-way so
cars can go by without swerving into the other lane. I think
that is going to make it much safer. If I am going to spend all
this money on this project, I want to make it just as nice and I
possibly can so that people will want to come to my place of
business. I mean this is suppose to be a win, win, situation
because the Town is going to get more taxes and I'm going to get
more business and it is going to be safer. That is what we are
shooting for and that is the purpose of us being before this
Planning Board I assume. Those are the things I have in mind
and on the other side I assume the curbing would run around that
little area that is sort of landscaped in front of Amando's
and then just fade away as it goes down onto Old Main Road. Mr.
Lentini said that he didn't think that they were going to
require me to do curbing on the section across to where we plan
PLANNING BOARD 20 OCTOBER 2, 1990
to do the parking but they want me to do something to improve
the drainage and I still don't have a problem with that. We're
kind of working on it, I put a much larger drain in last year
and for the most part it works and hopefully he will have the
person that is in charge of this area there to meet with me and
whatever I do there it's going to make everything nicer so I
don't have a problem with any of it but generally that is what
we are looking at doing. Having one curb cut where all the cars
come in and out now. I~m sure all of you drive by and know that
there is just the one entrance way now so we will formalize that
with real curbing. That is what I plan to do there and if you
say O.K., you have site plan approval subject to getting or
putting in whatever curbing the State requires and meeting their
requirements and you can't have a C.O. until you do that or
however you want to word it. I can have Merle put on a plan
what I think I am going to do, I don't know what you want. I
would like to get a set of plans and say, here they are.
Mr. Orlowski: Are you going to meet with Mr. Lentini?
Mr. Leiblein: Hopefully I will meet with him this week or
early next week.
Mr. Orlowski: We will be back here October 22, 1990.
Mr. Leiblein: Are you having a work session in the meantime?
Mr. Orlowski: Yes, we'll be having work sessions all the
time. There seems to be a discrepancy because there are three
plans on three different building sites. There are all kind of
things floating around and we want to see it all together.
Mr. Leiblein: Between now and the 22nd I'll try to get
correspondence from the State and work with Bob and Valerie as
far as here are six plans, throw everything else away, this is
it O.K.?
Mr. Orlowski: Great.
Mr. Leiblein: If I can get curbing on there, he's agreed to
it otherwise it will be curbing to be as State requires.
Mr. Ward: Do what you think is best, if you can't show it do
what you think is best. Put a note on it subject to approval of
DOT.
Mr. Leiblein: One of the things that you asked is that on the
plot plan that the area across the street where we're going to
have parking be shown instead of the area being shown off to the
left where we had it on the plan we showed in actual reference
to the parcel on the south side. We've got all kinds of things
drawn up like that on the twenty to one scale and I would
request that you allow us to submit for the purpose of showing
the relationship of the north property to the south side
PLANNING BOARD 21 OCTOBER 2, 1990
property and that we use the twenty to one but as far as the
size we be allowed to leave it on the left rather than redrawing
the whole thing fifty to one. Is that acceptable? Up until we
started this project, all of our scales were fifty feet to the
inch so we have numerous plot plans that VanTu¥1 drew up for
us where it shows the north and south side on fifty to one.
When we started this project and you said we needed twenty feet
to the inch we only did the south side initially and then we put
the other on the left side since that is where the C and L
property was that was shown at one time. Is that acceptable?
Mr. McDonald: You showed us one map where they were both shown
together at one fifty and each of the separates at one twenty.
Mr. Leiblein: If you draw the whole thing up one then you I
guess you just turn the machine on more. I'm trying to save the
expense of having him draw.
Mr. McDonald: Maybe I misunderstood you but I got the
impression that both of them already exist at one point but
they're not together.
Mr. Leiblein: No, I have a one to twenty which shows the
north side and the south side in relationship to one another.
In true with the highway but I have one on a one to fifty. I
don'thave it twenty to one and what I would like to do is keep
~hmitting what I've been submitting as far as the twenty to
one. The large one is the one that shows you where the parking
space is laid out and give you five copies of whatever the
requirement is in the fifty to one with the north side and south
side on either side of the road.
Mr. McDonald: Do we have a one to fifty right now?
Mr. Leiblein: You've probably got one in the file somewhere.
Mr. Orlowski: The file is very thick.
Mr. McDonald: Would it be alright if we took a look at it
Mr. Leiblein: O.K., then either Merle or I will be in contact
with Bob or Valerie. You just want to see where is this thing
in relation to, I mean everybody knows but where does it start
and where does it stop. One other clarification, when I spoke
to you or it may have been Bob, with regard to the parking, we
have right now I think we have one space for every boat. Did
you tell me on the phone that you want one space for every boat
in the water and four spaces for every boat on high and dry?
Did you change that?
Mr. Orlowski: No.
Mr. Leiblein: No, O.K..
PL~ANNING BOARD 22 OCTOBER 2, 1990
Mr. Orlowski: Right, now we have to go with one to one.
We've been working on the other but it is still up in the air
and probably we don't know how long it will be. That is why we
weren't looking at the project in total before and that is what
now we are asking from everybody because we are going to need
that to get enough parking going by the one to one.
Mr. Leiblein: I don't know if I submitted this recently but
in several of the marine magazines now they are showing these
car pallets which the person drives his car onto a pallet, you
pick the car up and put it into the rack and when you are done,
the guy comes in and you take it out. You're up there laughing
and smiling but, a typical car runs an~where's from ten to if
it's a mercedes to maybe sixty or seventy thousand dollars and
the boat's that we are handling typically run twenty to fifty
thousand dollars and the boats range in size up to a twenty
eight footer which weighs seven or eight thousand pounds
compared to a car which is much shorter so picking up a car is
like next to nothing.
Mr. McDonald: The reason I was laughing was because I would be
afraid that someone would come forward and state in the code
that this space would have to have more parking spaces.
Mr. Leiblein: Well, my thought was that if the code isn't
changed at some time to reduce the requirement for parking,
based on the study that was done I think it was last su~er.
think it was up to you guys wasn't it?
Mr. Orlowski: No, we were in favor of it and we did a lot of
work to approve it but it didn't work.
Mr. Leiblein: At this point, I'm not going to run out and buy
a bunCh of car pallets because I know I don't ~eally need them
and the other part is the car pallet is $1500.0i0 and when you do
this project and divide the cost of the project by the number of
slips it comes up to about $1500.00 a slide so this doubles the
cost of the project. If you don't have the land then using the
car pallets of course simplifies things. If at some point we
say we need to do something across the street we might come to
the board ifive years from now and say can we use car pallets and
replace the parking across the street With car pallets in which
case you don't need any parking spaces because everytime the
guy goes out you put the boat away. The car in the boat spot
rather. Is there anything else that I haven't asked about that
you need besides the curbing and the Board of Health and the
final set of plans.
Mr. Orlowski: That is all we're waiting for. We'll probably
be in contact with Merle first thing tomorrow morning. We
already reviewed them this afternoon.
Mr. Leiblein: Thanks for your indulgence.
PL~ANNING BOARD 23 OCTOBER 2, 1990
Mr. Latham: Did you say that you didn't need any curbing
along on the north side.
Mr. Leiblein: I didn't say that yet, when I spoke to Mr.
Lentini he said, I think we can be lenient in that area but
the main thing we are looking for is to make sure the drainage
is improved.
Mr. McDonald: I would be looking for, if not curbing, something
to restrict the flow of traffic out of that parking lot. I
don't know about curbing but something to show people
(inaudible).
Mr. Leiblein: The logical place to have an entry to that
parking lot is directly across the street from where we drive in
now. When we go across the street with a fork lift to take a
boat we go through there so my thought is if the Department of
Transportation goes along with it to make a c~rb cut with some
shouldering that goes twenty or thirty feet either way and the
rest of the area with some of those concrete columns or some
CCA pilings and we drive in and come in and set the boats
down. As you may have notiCed when we did have boats over there
we turned them all around so the sterns were to the highway.
Even that didn't do any good we still had two engines stolen on
the main highway after stealing one on the south side of the
highway so that's $25,000 worth of engines dow~ the drain. I
put an alarm system in now and it is fine. It's coming this
way. You could leave anything anywhere in the old days quote,
unquote.
Mr. Latham: That was my question.
Mr. Leiblein: At some time I may come in and say, we're going
to fence things in but I hate to do that. I feel like I'm going
into a prison. I don't have anymore questions if you don't.
Mr. Orlowski: We don't.
Mr. Leiblein: Thank you very much and have a nice evening.
Mr. Orlowski: Any other questions or comments?
John Calibrese: I'm a partner in the subdivision of
Pugliese and Calibrese. I was wondering what the progress?
Mr. Orlowski: Well, tonight we set a final hearing for the
22nd of, October and we did a Negative Declaration;
Mr. Calibrese: Excuse me what did you say?
Mr. Orlowski: A final hearing was set for October 22nd and
we gave it a Negative Declaration in regards to SEQRA.
PL'ANNING BOARD 24 OCTOBER 2, 1990
Mr. Calibrese: What does that mean?
Mr. Orlowski: That means that you are well on your way to
completion.
Mr. Calibrese: Cause I told you I'm running out of money this
is three years, I mean I can't believe that I have a minor
subdivision for three years. In the meanwhile I got to keep
paying money every month to pay for this thing. When I start
out, I went to see Ms. Scopaz and she said Oh, it will take
about six months to a year. This is three years for my
subdivision, you know this is ridiculous. Everytime we send
something, something else comes up, then I get tied in with a
winery and I last time I was here it was about six months ago, I
don't want to get tied in with the winery, I got nothing to do
with the winery. It's my dollar, why should it take three years
to do my subdivision. I mean, where is the money coming from, I
mean I have to pay for this thing, I mean, it's not fair.
Mr. McDonald: The point is that you are getting close to the
end.
Mr. Calibriese: I mean, where is the money coming from? I
mean this is a lot of money we have to come up with every
month. I mean you know we have to have some leniency on
people. This isn't fair, it's not fair. What do you assume we
have enough money to keep going with this? I mean, how do you
assume that? I mean, somewhere along the line somebody has to
make some decisions and say, well listen, you have to give us
this otherwise forget about it but you just can't keep stringing
us along.
Mr. Orlowski: I think we did that right from the very
beginning but it was between you and your partner, there was a
lot of discrepancy.
Mr. Calibrese: No, ever~time we kept getting stuff
everything kept getting changed around. It got changed around
to the winery, it changed around to something else, everytime
it got changed around. You know when we came originally we were
seeking to have a set off for two acre commercial. Then after
we went through all the papers and everything then somebody told
us you know, we have a new master plan. Why didnLt anybody tell
Ks about this master plan. After we got all the papers then
twice you people met and made comments that because the master
plan wasn't approved yet that that was a good thing for the Main
Road. So I talked to this (inaudible) man and I said listen, we
don't know anything about it, nobody told us about this. We're
going to be withdrawing the application for while you know you
expedite my subdivision. Oh yeah, we'll take care of you that
was like two and one half years ago. It isn't fair, I don't know
what else to say you know.
Mr. Orlowski: Well, we're getting closer.
PL'ANNING BOARD 25 OCTOBER 2, 1990
Mr. Calibrese: Does that mean on October 22nd that will be
the closing.
Mr. Orlowski: Well, that will be pretty good.
Mr~. McDonald: Then we have the final hearing.
Mr. Calibrese: Well, when is the final hearing?
Mr. Orlowski: The 22nd.
Mr. Calibrese: Do you see any problems with it?
Mr. McDonald: Anybody who wants to can come to that meeting and
complain, make any comments they want and we have to take into
consideration their comments. If there are no difficulties,
then that makes it a lot easier.
Mr. Calibrese: It is not like asking to something like
Taj-Mahalover there. You know I'm just trying to build a
house over there. Thank you.
Mr. Orlowski: Very good. No further comments or questions
from the audience? Any questions from the board?
Board: No questions.
Mr. Orlowski: No further questions, I'll entertain a motion.
Mr. McDonald: I move we adjourn.
Mr. Latham: Second.
Mr. Orlowski: Ail those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Ward,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Being there was no further business to come before the board,
the meeting was adjourned at 8:45 p.m..
/