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HomeMy WebLinkAboutPB-12/17/1990PLANNING 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 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MINUTES DECEMBER 17, 1990 Present were: Bennett Orlowski Jr., Chairman Richard Ward Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone Jane Rousseau Absent: G. Richie Latham Mr. Orlowski: Good evening, I would~ike to call this meeting to order. First order of business we-have some hearings held over from our previous meetings. The North Forty - This major subdivision is for thirteen 16ts 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 still examining alternative options for the ownership for the open space and I will enueruain a motion to keep this hearing open. Mr. Edwards: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any question on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlows~i. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 2 DECEMBER 17, 1991 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 #1000-72-3-2.1 & 3. Mr. McDonald: I would like to offer the following motion. The final public hearing, which was opened on June 4, 1990, will again be kept open until the Planning Board reviews the road profiles and grading plans in respect to recent adopted road specifications. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes; Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Eleanor Sievernicb - This minor subdivision is for two lots on 3.7648 acres located on the east side of Cox Neck Lane in Mattituck. SCTM $ 1000-113-8-5. We'll still waiting for the report from the Trustees. What is the pleasure of the board on keeping this open? Mr. Edwards: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any ~estions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISION, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Extensions: Mr. Orlowski: Henry Appel - This major subdivision is for seven lots on 15.3573 acres located at the southwest corner of New Suffolk Avenue and Ole Jule Lane in Mattituck. Mr. Ward: Mr. C~irman, I would like to offer the following resolution. PLANNING BOARD ~ DEI EMBER 17, 19913 _:~_~__RE~¥F~ that. the Sout~old Town Planning~Board grant a ~x~y %~u; aay extension o~ conditional final approval. The 90 day extension will expire on March 6, 1991 unless all conditions of approval have been fulfilled. This will b the last extension that will be granted. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr~ Orlowski, Mr. McDona] ~, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: Howard Rosenstone - This major subdivision is for four lots on 13.64 acres located on t~ south side of Oregon Road; 222,07 feet east of Cox's Lane i~ Cutchogue. SCTM 9 1000-83-3-2. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board set Monday, January 14, 1991 at 7:30 p.m. for a final public hearing on the maps dated July 19, 1989. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Sketch Determinations: Mr. Orlowski: West Mill Road Subdivision (formerly Paul Frie~ber~) - This major subdivision is for ten lots on 22.106 acres located on the west side of West Mill Road; in Mattituck. SCTM ~ 1000-106-9-4. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. PLANNING BOARD 4 DECEMBER 17, 1991 RESOLVED that the Southold Town Planning grant sketch approval on the map dated November 1990 with the following condition: That building envelopes, in conformance with the fronT, rear, and side yard setbacks for the R-40 District, are shown for all lots. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: John S. Guest & Margaret H. Guest - This minor subdivision is for three lots on 13.7 acres located on the west side of Crescent Avenue on Fishers Island. SCTM ~ 1000-6-1-5. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. Be it RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated November 30, 1990, with the following condition: 1. The upland area of each lot must be stated on the map. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. the motion? Ail those in favor? Any questions on Ayes: Mr. Ward, Mr. Orlowski, Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Wanat Set-Off - This proposal is to set off a ten acre parcel from an existing 107.62 acre parcel located on the north side of Bergen Avenue in Mattituck. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. BE IT~ESOLVED that the Southold Town Planning Board grant sketch aPProval on the map dated November 29, 1990. PLANNING BOARD 5 DECEMBER 17, 1991 Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Sketch Extensions: Mr. Orlowski: Salvatore and Jeanne Catapann - This minor subdivision is for four lots on 13.73 acres locatsd on the easterly side of South Harbor Road at Southold. SCTM ~i000-69-6-9,2. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from December 4, 1990 to June 4, 1991. Sketch approval was granted on June 4, 1990. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mro McDonald, Mr. Orlowski, Mr. Ward, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineer's Report Mr. Orlowski: Franklin Blachty - This major subdivision is for nine lots on 20.4 acres located on the northeast side of Alvah's Lane; 2,873 feet northwest of NYS 25 in Cutchogue. SCTM ~ 1000-102-4-5. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the engineer's report dated November 30, 1990. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? PLANNING BOARD 6 DECEMBER 17, 1991 Ayes: Mr. Edwards, Mr. Ward, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Southold Villas - This proposal is for both a subdivision and site plan. The subdivision is for seventeen affordable lots and the site plan is for sixteen condominium units. The parcel is located on the west side of NYS 25 approximately 1,400 feet north of Ackerly Pond Lane. SCTM ~ 1000-70-1-6. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. Be it RESOLVED to adopt the engineer's report dated December 4, 1990, in reference to both the subdivision and site plan for Southold Villas. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Also, with Southold Villas we have the Suffolk County Planning Commission's Report. Mr. Edwards: I would like to offer the following motion. Be it RESOLVED to adopt the December 6, 1990 Suffolk County Planning Commission report in reference to both the subdivision and the site plan for Southold Villas. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Lead Agency Coordination: Mr. Orlowski: West Mill Road Subdivisio~ (formerly Paul Friedberg) SCTM $ 1000-106-9-4. PLANNING~ BOA/{D 7 DECEMBER 17, 1991 Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board start the Lead Agency coordination process on this unlisted action. 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. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: John S. Guest & Margaret H. Guest SCTM ~ 1000-112-1-6-1-5. Mr. Edwards - Mr. Chairman, I would make the following motion. Be it RESOLVED that the Southold Town Planning Board staru the Lead Agency coordination process on this unlisted action. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Ortowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Wanat Set-off - SCTM 9 1000-112-1-16.1 Mr. Ward: Mr. Chairman, I would like to offer the following motion. BE IT RESOLVED that the Southold Town Planning Board start the Lead Agency coordination process on this unlisted action. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 8 DECEMBER 17, 1991 SITE PLANS Site Plans - State Environmental Quality Review Act Lead Agency: Mr. Orlowski: McDonalds Corporation - SCTM #1000-122-7-3.2 This proposal if for a restaurant on a three acre parcel located at Mattituck. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status on this unlisted action. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineering Mr. Orlowski: McDonalds Corporatio~ - SCTM $ 1000-122-7-3.2. Mr. Edwards: Mr. Chairman, I would like to offer the following motion: BE IT RESOLVED to adopt the engineers report dated November 28, 1990. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questionson the motion? All those in favor? Ayes: Mr. MCDonald, Mr. Orlowski, Mr. Ward, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. OrlOwski: reports, Southold Villas - Already done on both LOCAL LAW PROPOSALS PLANNING BOARD 9 DECEMBER 17, 1991 Mr. Orlowski: Local law in relation to Accessory Building Setbacks. Mr. Ward: We are in favor of the revised edition. Mr. McDonald: I would like to amend this to simply state that we would suggest that lots in access of 80,000 square feet have a 20 foot setback. Everything over 40,000 square feet or greater would have a ten foot setback. They are asking for lots which are 39,999 or larger to have only ten foot setbacks up to whatever size the lot would be. I'm saying on top of that we should create one more category above 80,000 square feet or above which would have 20 foot setbacks. Mr. Orlowski: O.K.. Mr. McDonald: That is the only amendment I would make in the change in the code that they are proposing. Mr. Ward: I'll second it. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Ortowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. SETTING OF NEXT PLANNING BOARD MEETING Mr. Orlowski: Board to set Monday, January 14, 1991 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. McDonald: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Being I have nothing left on my agenda, I will ask if there are any questions or comments from anyone out there? PLANNING BOARD 10 DECEMBER 17, 1991 Sherry Johnson: North Fork Environmental Council - You just adopted a resolution declaring yourself as lead agency for McDonalds application? Mr. Orlowski: Yes. Ms. Johnson: Can I ask, since I am new to the Southold way of doing things could you perhaps clarify me when you will be determining significance on this? Mr. Orlowski: First we will have to review it. We have twenty days so within that 20 days. Probably by the next meeting. Ms. Johnson: So by the next meeting you will be making a decision. Mr. Orlowski: A determination. Ms. Johnson: O.K., I would like to urge you to please consider giving it a positive declaration for the reasons that I stated. I believe you all received a copy of my letter and I would like to request that you give it a positive declaration and require the narrowly scoped impact statement that North Fork Environmental Council requested. Thank you. Mr. McDonald: I read your letter and I was wondering if you have any basis? You are asking us to make it a positive declaration, this is an unlisted action. I read your letter as I said and it stated some things in general terms, in terms of the traffic impact and the impact of trash. The way it is phased in the letter these are only value judgements that you have in the letter in your opinion. Do you have any evidence or any factual data that you could forward to us that would substantiate the claim that you are making. Ms. Johnson: At this time, not really, only from a traffic study. It indicated that it could add a large number of cars to the intersections. We feel that needs more research. Mr. McDonald: Let me just suggest if you have something subsitive, if you could put it in writing and get it to us I would appreciate that. Ms. Johnson: O.K. fine, thank you. Mr. Orlowski: O.K., anyone else have any questions? Mr. Warren Goldstein: I am the executive director of the North Fork Environmental Council and I just wanted to follow just a little bit further about what Mark McDonald was asking my associate Sherry Johnson. Mark, would it help if we do a full analysis of the traffic study as well because the traffic study that was submitted as part of the application is not only in PLANNING BOARD 11 DECEMB~ 17, 1991 general terms inadequate it is probably in specific demonstrable terms inadequate as well. Would you like to see that in writing as well? Mr._McDonald: I think if you have objections, you need to be q~.alitative but you need to be quantitative as well. It is simply a comment that you are in opposition because of the traffic problems. It would be helpful for me if you had specific problems about technical points that you bring them forward. It is very difficult if people have problems and just say I don't like the looks of it or I don't have a good feeling about it. In the SEQRA process it doesn't have much bearing. I cannot tell you if you have problems how to approach it, I'm just saying I'm going to make decisions based on factual evidence presented into the record, not on people saying well, I kind of like it, I kind of don't like it. It is not a popularity contest. How may people like it and how many people don't like it. If you have problems with it, under the category justified in SEQRAmake them so you can bring those forward. Mr. Goldstein: I think that is precisely the kind of process we have begun. I am not sure that people fully understand, I am not sure if the board is aware or if all the boards had the opportunity to read the letter that was forwarded to the board by my associate Ms. Johnson. I don't think that the specific citations from the SEQRA law add up to we kind of don't like it. Mr. McDonald: I am not trying to apply that, I'm just trying to show you that there are two ends of the stick. Mr. Goldstein: And we don't purport to be on either end of the stick. We p~rport to be solidly in the middle of community character and our argument about traffic for instance is not that we think that there will be more cars, it is that the very foundations of the study, in quotation marks, Which as presented to the board are inadequate for tha~ study so that when we argue that a full study of traffic impact needs to be made we are saying that just simply transposing something that happened in Riverhead or an analysis of R~verhead traffic patterns to Mattituck is inadequate. We think that that is actually hardheaded, that actually deals with the technical assumptions underlying that study and argue therefore that when this makes a determination having to do with taking into account traffic in Mattituck that it needs a study that actually has a firm foundation. In fact, as opposed to what struck me as sloppy sociology to start with, in technical terms simply transposing numbers. There are a number of other areas that I think need to be addressed in terms of that study, distribution of questionnaires at windows in the McDonalds in Riverhead strikes me as another woefully inadequate way of conducting a study and finally the actual numbers that are used would raise the eyebrows of anyone that read it carefully. It seemed to be saying in fact that the addition of the drive- thru window might increase traffic by forty-six cars over the course of 4000 PLANNING BOARD 12 DECEMBER 17, 1991 customers to McDonalds which strikes me also technically, mathematically almost impossible. There are additional things that we would have problems with and I'm happy to bring them to the board's attention. Mr. McDonald: That would go through on a case by case basis? would go through on a case by case basis every line, every problem. On every problem you see and on every line on the report, I would rather see that than a one page letter saying that it is woefully inadequate. Do you understand what I am saying? I Mr. Goldstein: I think I do. Mr. McDonald: I would much rather see that point by point. When you say this is stupid, this line is stupid because, then I can get a hold of that and go ah, yes. Mr. Goldstein: Well, it will be our pleasure I suppose to give you precisely that kind of a analysis of a document which seems to me fundamentally irrelevant to the problem but we would be delighted to do that if that will assist the board in its determinations. I'm wondering along the same lines since one of the things we've argued at some length and continue to argue is that community character is not an easily quantifiable thing, it is something that has a kind of qualitated feel to it and I'm sure that is something that you folks struggle with on an extremely regular basis but one of the things that does effect the character of the co~unity this way as kinds of businesses come into it setting precedence for businesses quite like that and that is a point that we made in our letter. It seems to me that it is worthy of consideration and it also seems to me worthy of consideration whether or not this will add or detract from the character of the town that you serve and that we all would like to see preserved in some recognizable form so I think that we will probably mix qualitated judgements along with quantitative analysis but I think qualitative analysis of the character of Southold Town is absolutely essential in figuring out whether or not to give this a positive or negative declaration. We would argue on qualitated as well as technical grounds that it deserves a positive declaration, that it requires that narrowly scoped impact study that Sherry talked about. Thank you. Mr. Orlowski: Thank you. Any other questions this evening. Mr. Raynor: Mr. Chairman, I didn't realize this was going to be a hearing but on behalf of McDonalds Corporation, I will completely stand behind the engineer's report. Mr. Dunnhas had many, many reports before this board and is know nationally for several of his studies. As to community character, I'm not sure that has any bearing in reference to SEQRA. As speaking generally and not prepared to have any comments because I did not see this listed as a public hearing, I would certainly think PLANNING BOARD 13 DECEMBER 17, 1991 that the mitigating circumstances that have been presented would cause the board to come up with an unlisted action to a negative declaration. Thank you. Mr. Orlowski: This is not a public hearing, I am just asking if anyone has any comments. It is Christmas and I want to be nice. Anyone else have any questions or comments on anything? It doesn't have to be McDonalds, and it isn't a public hearing . Bruce Issacs from Cutchogue - I am not an expert at all in SEQRA but I was just wondering. It seems to me that this will set a precedent for more fast foods coming into this area and so therefore it will have an environmental impact on the rural quality of our town and what would it hurt to examine this in more depth? I mean, who is going to get hurt by asking for more in depth environmental impacted study. Could someone give me an answer to that one. Why does it hurt to look at it carefully rather than say ah, no problem. Mr. Orlowski: Well, I can assure you that we will look at it very carefully. Mr. Issacs: Isn't that what SEQRA provides for? Mr. Orlowski: Yes. Mr. Issacs: But if you give it a negative declaration then essentially that part is over with. Mr. Orlowski: But, what information will be provided to us by other sources we will review very carefully. Mr. Issacs: O.K., thank you. Mr. Orlowski: Anyone else? Hearing nothing, I will make a motion to adjourn. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Ail those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: So ordered. Mr. Bitses: Mr. Orlowski: Mr. Bitses: May I address the board? We adjourned but go ahead. I spoke to the Town Attorney because I received a letter from you indicating that you have examined my covenants and restrictions and in the letter is a copy of the covenants and restrictions that you have examined which were dated June, PLANNING BOARD i4 DECEMBER 17, 1991 1989. They were not the covenants and restrictions that I had submitted to Valerie or to the Town Attorney and I have copies of those covenants and restrictions in my file here. Somehow, you considered the wrong covenants and restrictions which have long since been overridden and the ones that I submitted in August, were not the ones that you sent me the letter ~hout. The letter goes into detail about why covenants and restrictions submitted on August i6th, were not adequate but, what the letter is obviously referring to are covenants and restrictions long since in limbo. In other words, a year and a half ago. So could I offer to give you copies of the very same covenants and restrictions that I gave the Town Attorney and I gave Valerie Scopaz for your examination. Mr. Orlowski: Yes, of course. Mr. Bitses: Now tell me, why does it take four months to go from there to here? That is only ~hout ten feet. I guess they send it by mail. In any event, I'm just kidding. Here is the letter I got from you dated November 27th. These were submitted August 16th. I did what you told me to do. I believe the Town Attorney has O.K.'d them or has looked at them. Mr. Orlowski: O.K., we will into it. Mr. Bitses: Merry Christmas to you. Mr. Orlowski: Shall we adjourn the meeting now? Mr. McDonald: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Ail those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: So ordered. Being there was no further business to come before the board, the meeting was adjourned at 8:10 p.m.. Respectfully submitted, an~eR~usseau, - Bennett O~owsk~ ~r., Cha~~