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HomeMy WebLinkAboutPB-09/11/1989T~vn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOTt L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD MINUTES SEPTEMBER 11, 1989 Present were: Bennett Orlowski Jr., Chairman Member G. Ritchie Latham Member Richard Ward Member Kenneth Edwards Planner Melissa Spiro Town Planner Valerie Scopaz Jane Rousseau, Temporary Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of Business at 7:30 is a public hearing on final maps dated April 27, 1989. This major subdivision called Wild Oats. This major subdivision is on 14.734 acres located at Peconic. SCTM $1000-86=4-6. Mr. Orlowski: We have proof of publication in the Long Island Traveler Watchman and also the Suffolk Times. 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 endorsements of this subdivision? Mr. Raynor: Representing Wild Oats subdivision. This final is now filed with the engineering requirements as requested by this board. We received preliminary approval from your beard in April 1989. The maps are in compliance with section A106. We received an acceptance from Suffolk County Health Services with regard to their testing and everything.at this point is in order and we would respectfully request approval of this major subdivision. Any questions we would be happy to answer at this time. Mr. Orlowski: O.K., any other endorsements of this subdivision? Hearing none, any questions on this subdivision? Board: No questions. PLANNING BOARD 2 SEPTEMBER 11, 1989 Mr. Orlowski: No further questions. The only question I have is we don't have a bond estimate yet or the Suffolk COunty Planning Commissions review or the park and playground appraisal or the Homeowners Association. Has that been filed yet? Mr. Henry Raynor: The Homeowners Association has been filed yes and was faxed to your office last week and we're waiting for the appraisal to the park and playground area.. Mr. Orlowski: We have the covenants and restrictions but not the homeowners association. Mr. Raynor: I believe if you review the covenants and restrictions you'll find the homeowners association. It was faxed in from Mr. Olsen's office. Mr. Orlowski: O.K.. What I will do is entertain a motion to hold this hearing open until we get all of that so we can proceed-to final approval. Mr. Raynor: Do you have any specifics? Mr. Orlowski: Just what I just told you. Mr. Raynor: There are several variations of the homeowners association. Several of which apply only to the Town Attorney and the Town Attorney and the Town Board accepting the homeowners association without filing a covenants and restrictions and a homeowners association. Ms. Scopaz: I think the Town Board has to make a determination as to whether they go along with that. If it is something different from the code they have to go to the Town Board for their approval. Mr. Raynor: That is one of the options available to the client. It is up to the board to determine what option to pursue. Mr. Orlowski: I don't know anything about the Town Attorney reviewing these. We just got these faxed to us Friday night or late Friday afternoon so if he did review them there is nothing in the file here. Mr. Raynor: It is in the format prior Town Attorney has approved. This is the same format that has been used in at least a half dozen subdivisions for the Town. I don't think the Town Attorney has had a chance to review them. That is why we sent them into this board for his determination. Mr. Orlowski: I don't see any problem but I think we should hold the hearing open until these items are addressed. PLANNING BOARD 3 SEPTEMBER 11, 1989 Mr. Raynor: Please send me in writing the specifics as to what you are requesting~ Mr. Orlowski: Yes. Mr. Orlowski: I'll entertain a motion. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Laths]n, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. *************************************** Mr. Orlowski: North Road Associates - Board to keep the public hearing open from February 6, 1989. This minor subdivision is on 16.886 acres located at Orient. SCTM ~1000-18-4-1. Mr. Latham: I move we leave it open. Mr. Ward: 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. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to set Monday, October 16, 1989 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. Ward: So moved. Mr. Edwards: 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. Orlowski: Opposed? So ordered. ****************************** PLANNING BOARD 4 SEPTEMBER 11, 1989 Mr. Orlowski: Board to approve the minutes of the regular meetings of August 14, 1989 and October 31, 1988. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Any questions on the Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: RHR Realty - Board to review the final maps dated July 20, 1989. This minor subdivision is on 12.6351 acres located at Southold. SCTM ~1000-59-3-16.1. Mr. Orlowski: Conditional final approval was granted on July 25th 1988. All conditions have been met. Everything is in order to sign. I would entertain that motion unless someone has a question. Mr. Ward: We will endorse the map dated July 20, 1989. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Orlowski: Opposed? So ordered. (Chairman signed maps) Mr. Orlowski: Chardonna¥ Woods - Board to review the final maps dated September 6, 1989. This major subdivision is on 44.376 acres located at Southold. SCTM ~1000-51-2-2. Mr. Orlowski: What is the pleasure of the board. Mr. Latham: Mr. Chairman I would like to offer final approval o~ the resolution on Chardonnay Woods. WHEREAS, Neil Rego, is the owner of the property known as Chardonnay Woods located on Soundview Avenue at Southold; and WHEREAS, a formal application for the approval of this subdivision was submitted; and PLANNING BOARD 5 SEPTEMBER 11, 1989 WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 6NYCRR declared itself Lead Agency and issued a Negative Declaration on June 6, 1988, and WHEREAS, a final public hearing was held on said subdivision application at the Town Hall, Southold, N.Y. on July 10, 1989 at 7:45 p.m.' 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 6, 1989, subject to fulfillmen~ of the followinq conditions within six (6) months of the date of this resolution: 1. A draft of the Homeowners Association must be submitted for review by the Town Attorney. The approved document must be filed prior to endorsement of the map by the Chairman. 2. The posting of a bond, Letter of Credit or the equivalent for the amount of $39,305.00. Payment must be submitted and accepted by the Town Board prior to endorsement of the map by the Chairman. 3. Payment of the inspection fee for the amount of $1,965.00 (6% of the revised bond). Payment must be submitted prior-to endorsement of the map by the Chairman. 4. Submission of the Draft Declaration of Covenants and Restrictions must be submitted for review by the Town Attorney. The approved document must be filed prior to endorsement of the map by the Planning Board. Mr. Ward: Is that inspections fee correct? Ms. Spiro: He already paid an inspection fee. That is an increase of the inspection fee. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 6 SEPTEMBER 11, 1989 Mr. Orlowski: Edward and Eileen Deutsch - Board to review the final maps dated April 27, 1989. This minor subdivision is on 10.651 acres located at Southold. SCTM #1000-54-3-p/o26. Mr. Ward: I would like to read the resolution. WHEREAS, Edward & Eileen Deutsch, are the owners of the property known as Edward & Deutsch located on Light House Road at Southold; and WHEREAS, a formal application for the approval fo this subdivision was submitted on July 9, 1987; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Titla 6NYCRR declared itself Lead Agency and issued a Negative Declaration on May 23, 1988; and WHEREAS, a final public hearing was held on said subdivision application at the Town Hall, Southold, NY on August 14, 1989 at 7:45 p.m.; and WHEREAS, all the requirements of the Subdivision Regulation of the Town of Southold have been met, and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated September 6, 1989, subject to fulfillment of the following conditions within six (6) months of the date of this resolution. 1. The posting of a Bond, Letter of Credit or the equivalent for the amount of $100,080.00. Payment must be submitted and accepted by the Town Board prior to endorsement of the map by the Chairman. 2. Payment of the inspection fee for the amount of $6,004.80 (6% of the revised bond). Payment must be submitted prior to endorsement of the map by the Chairman. Submission of a draft Declaration of covenants and Restrictions stating that: A. There is to be no further subdivision in perpetuity. B. There is to be no access on Lighthouse Road for Lots #1 and 2. The Draft Declaration of Covenants must be submitted for review and approval by the Planning Board. Approved Declarations must be filed with the County Clerk prior to endorsement of the map by the Chairman. PLANNING BOARD 7 SEPTEMBER 11, 1989 Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. motion? All those in favor? The submission of final maps stating: That a Declaration of Covenants and Restrictions has been filed and the Liber Page number. The street name. Any questions on the Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman signed maps) Mr. Orlowski: Franklinville Homes - This is a public hearing on the preliminary maps dated August 28, 1989. ma]or subdivision is on 35.8 acres located at Laural. SCTM ~1000-125-2-2.2. this Mr. Orlowski: We have proof of publication in the Suffolk Times and the Long Island Traveler Watchman. At this time everything is in order for a preliminary hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision. Pete Danowski: Endorsed. Mr. Orlowski: Is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the board? Hearing none, any questions from the board? Mr. Ward: We had asked Mr'. Young to identify on the survey the building envelopes in sympathy with the gradinq plan and drainage areas and low areas and things of thi~ sort. We did receive one today and it doesn't seem as though he had done what we asked for. Mr. Danowski: If you recall the history we started out with a plan and come and discussed it with the soil and conservation people and we met with Sidney Bowne's office and we showed you a grading plan which was quite specific and that's indicated to you by the comments on this preliminary maps pointing the grading. The grading will take place on the lot and locating the building envelopes and to stay out of these areas and to grade in certain areas in these lots. Mr. Ward: I agree with everything you said but the plan doesn't say that is what I am saying unless I have a different plan. PLANNING BOARD 8 SEPTEMBER 11, 1989 Mr. Danowski: I think you do. I had these delivered on Friday. Mr. Ward: There is a grading plan on lot four. Building envelope shows into the back area of the lot, shows that it buildable and that isn't true. The grading plan is saying that the building envelopes haven't been reflected on the grading plan. A couple have been and some have not. Mr. Danowski: I think that maybe I am incorrect but I like to think I am correct in saying that the big concern in grading was that certainly the ones that border around Mr. - ....... property, which is on the west side, in fact we looked at lot 13 and lot 12, specifically I remember a discussion taking place in those areas. Those were the ones with the most concern. We rerouted and discussed the road layout and we rerouted the road. Mr. Ward: There is no question on the plotting or on the grading in general. The question is one of it didn't get followed through far enough with the grading. The building set back lines or the building envelopes in all cases are not reflective of the grading plan. I giving you a specific. On lot four and I can give you another specific on lot nine. I'm saying its closer than it was but there are still a few lots, etc. Mr. Danowski: We'll be more that happy to sit down with anyone on this board or your engineers. Mr. Ward: I think if Mr. Young looks at this grading thing he will see that he missed a couple. It's not something that is going to hold you up at this stage. Mr. Orlowski: Any other comments? Board: None. Mr. Orlowski: Being no further comments, I'll entertain a motion to close this hearing. Mr. Edwards: So moved. 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. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 9 SEPTEMBER 11, 1989 Mr. Orlowski: Hanock& Watts - Board to set Monday, October 16, 1989 at 7:30 p.m. for a public hearing on the final maps. This minor subdivision is on 12.622 acres located at Cutchogue. SCTM #1000-101-14~1. Mr. Ward: So moved. 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. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Dorothy Robertson - Board to set Monday, October 16, 1989 at 7:45 p.m. for a public hearing on the final maps dated July 18, 1989. This minor subdivision is on 2.508 acres located at Orient. SCTM ~1000-13-1-10. Mr. Latham: Motion made. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski: Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Tim Gray - Board to set Monday, October 16, 1989 at 8:00 p.m. for a public hearing on the final maps dated March 29, 1989. This minor Subdivision is on 9.1568 acres located at Southold. SCTM ~1000-58-1.2. Mr. Edwards: Motion made. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 10 SEPTEMBER 11, 1989 Preliminary: Mr. Orlowski: Scott Kaufman - Board to review the granting of an extension of sketch approval. This minor subdivision is on 6.889 acres located at Cutchogue. SCTM #1000-97-3-20. Mr. Orlowski: We can grant a final sixty day extension. The applicant has received Health Department approval with conditions and the conditions are being filed. Mr. Ward: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Francis Greenberger - Board to review the granting of an extension of sketch approval. This minor subdivision is on 15.581 acres located at Cutchogue. SCTM #100-97-3-18.1. Mr. Orlowski: A sixty day extension would be in order. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Mr. Orlowski: Opposed? So ordered. Orlowski, Mr. Ward. Sketch/SEQRA Determinations: Mr. Orlowski: Charles Simmons - Board to review granting an extension of sketch approval from September 7, 1989 to March 7, 1990. This minor subdivision is on 57.7 acres located at Mattituck. SCTM ~1000-112=1-8. Mr. Latham: So moved. Mr. Edwards: Second. PLANNING BOARD 11 SEPTEMBER 11, 1989 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Eleanor Sievernich - Board to start th~ coordination process to determine lead agency and environmental significance. Board to make a determination on the sketch map dated June 19, 1989. This minor subdivision is on 3.7648 acres located at Mattituck. SCTM #1000-112-8-5. Mr. Edwards: Make a motion to start coordination. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the mouion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Everything in order for sketch approval. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Cornfields - Board to start the coordination process to determine lead agency and environmental significance. Board to make a determination on the sketch map dated January 23, 1989. This major subdivision is on 20~9955 acres located at Southold. SCTM a1000-55-2-9.1. Mr. Ortowski: of the board. Mr. Latham: Mr. Ward: In regards to lead agency what is the pleasure I move we start lead agency. Second. PLANNING BOARD 12 SEPTEMBER 11, 1989 Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Sketch approval? Mr. Edwards: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions motion? All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Ward, Mr. Latham Mr. Orlowski: Opposed? So ordered. Paul Friedberg: set-off - Board to start the Any questions on the Mr. Orlowski. on the Mr. Orlowski: coordination process to determine lead agency and environmental significance. Board to make a determination on the sketch map dated July 1989. This set-off is on 24.226 acres located at Mattituck. SCTM # 1000-106-9-4. Mr. Orlowski: Everything is in order to start coordination process to determine lead agency. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Mr. Mr. Mr. motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Orlowski: Give sketch approval on set-off? Ward: So moved. Latham: Second. Orlowski: Motion made and seconded. Mr. Orlowski, Any questions on the Mr. Edwards PLANNING BOARD 13 SEPTEMBER 11, 1989 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Major's Terrace - Board to start the coordination process to determine lead agency and environmental significance. Board to make a determination on the sketch map dated July 7, 1989. This minor subdivision is on 13.87 acres located at Orient. SCTM 91000-26-2-42. Mr. Orlowski: Everything is in order to start the coordination process. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the mouion?- All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Ward, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Entertain a motion to grant sketch subject to C & R's for no further subdivision in perpetuity and a conservation easement around the pond. Mr. Ward: So move. 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. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Highpoint Section III Board to start the coordination process uo determine lead agency and environmental significance. Board to make a determination on the sketch map dated May 31, 1989. This minor subdivision is on 2.9189 acres located at East Marion. SCTM $1000-31-3-11.25. Mr. Orlowski: Everything is in order to start the coordination process. Mr. Latham: So moved Mr. Edwards: Second. PLANNING BOARD 14 SEPTEMBER 11, 1989 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Everything is in order to grant sketch approval. Mr. Edwards: So moved. 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. Ward Mr. Orlowski: Opposed? So ordered. REPORTS AND BONDS Mr. Orlowski: Adams Associates - Board to review the Suffolk CountY Planning Commission report dated March 9, 1989. Board to make a recommendation to the Town Board in regard to the bond estimate dated August 29, 1989. This minor subdivision is on 7.6797 acres located at Mattituck. SCTM #1000-108-3-9,10,11. Mr. Edwards: I would like to entertain a motion to override the March 3, 1989 Suffolk County Planning Commission report which disapproved the map. The reasons are that the Planning Board has required a road built to Town Standards for the residential lots. The cul-de-sac has been revised to have a diameter of 100' to provide adequate turnaround area for ambulances and small fire equipment vehicles. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: The bond estimate? Mr. Edwards: I would like to entertain a motion to adopt the bond estimate dated August 29, 1989 and recommend its approval to the Town Board. The estimate is for the amount of $48,345.00 PLANNING BOARD 15 SEPTEMBER 11, 1989 dollars with an inspection fee of $2,900.00 dollars. The board has eliminated item ~12 (street lights) and added one firewell. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: William Baxter, Jr.- Lot Line Change - Board to review the Suffolk County Planning Commission report dated March 2, 1989. board to make a determination under the State Environmental Quality Review Act. Board to set Monday, October 16, 1989 at 8:15 p.m. for public hearing on the final maps. This lot line change is located at Mattituck. SCTM ~1000-108-4-9,10,11. Mr. Ward: Mr. Chairman in regard to the Suffolk County Planning Commission due to the fact that the map has been revised from 3 lots to 2 lots, since the submission to the Suffolk County Planning Commission, (I'd like to make a) MOTION to adopt the Suffolk County Planning Commission report with the following changes: 1. should read "No lot line shall be change in any manner at any future date unless authorized by the Town of Southold Planning Board' 2. should be revised to read "there shall be no further subdivision in perpetuity"; 3. should remain the' same 4. and 5. should be eliminated. 6. Asks for short radius curve at corner of Main Road and Elijah's Lane subject to confirmation of Ray Jacobs comments. 7., 8., and 9., should remain the same as written. Ail conditions shall be filed as covenants and restrictions in the office of the County Clerk prior to the granting of approval of this Lot Line Change. A draft Declaration of Covenants and Restrictions shouldbe submitted to the Planning Board for review prior to fiting with the County Clerk. PLANNING BOARD 16 SEPTEMBER 11, 1989 The final map must state that a Declaration of Covenants and Restrictions has been filed, and the Liber and page number 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. Orlowski: Opposed? So ordered. Mr. Orlowski: Environmental Significance? Mr. Ward: I offer a resolution supporting it and an environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Planning Board has reviewed this lot line change and finds that this proposal revises the lot configuration to two regular shaped lots in conformance with the Town Code. Because there has been no correspondence received from he Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill Thorp, Secretary Southold Town Planning Board, Main Road, Southold. 765-1938. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to set Monday, October 16, 1989 at 8:15 p.m. for public hearing on the final maps on this lot line change. Mr. Ward: So moved. Mr. Latham: Second. .PLANNING BOARD 17 SEPTEMBER 11, 1989 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. Orlowski: Opposed? So ordered. Mr. Orlowski: I would like to entertain a motion for a final hearing on October 16, 1989 at 8:30 p.m. on Cedarfields/Mooresland. Mr. Ward: So moved. 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. Mr. Orlowski: Opposed? So ordered. CHANGE OF ZONES: (None) SITE PLANS: Mr. Orlowski: Oyster Farms - Board to start the Coordination process to determine lead agency and environmental significance. This site plan is located on Shipyard Lane at East Marion. SCTM #1000-38-1-17. Mr. Ward: Mr. Chairman, I move that we start the coordination process. Mr. Orlowski: We will need more copies of the plan on a one to twenty scale. Mr. Raynor: Everything will be forthcoming. Mr. Orlowski: O.K. there were sixteen {tems on that list. Before we sent it out we would like to have it all on the site plan. Mr. Raynor: About two to three weeks. Mr. Orlowski: Motion made and seconded subject to those items. Mr. Latham: Second. PLANNING BOARD 18 SEPTEMBER 11, 1989 Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski: Opposed? So ordered. Any questions on the Mr. Orlowski. DISCUSSION AND OTHER: Mr. Orlowski: Local Law in Relation to Zoning - (waiving fees) Board to make a recommendation to the Town Board in regard to fees. Mr. Ward: I move that we adopt a resolution supporting the waiving of fees. Mr. Orlowski: This will be five districts. 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. Orlowski: Opposed? So ordered. Mr. Orlowski: Reydon Court - Board to make a recommendation to the Town Board in regard to the Bond for this major subdivision located at Southold. SCTM #1000-79-5-16. Mr. Latham: I move that we recommend release of the bond. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion ? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. Edwards. Any questions on the Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, PLANNING BOARD 19 SEPTEMBER 11, 1989 Mr. Orlowski: OppQsed? So ordered. **************************************** Mr. Orlowski: On Long Pond Section I - What is the pleasure of the board on releasing that bond? Mr. Ward: We move for release but a note should be given to the applicant that the trees, the roo~ balls and wrappings must be removed and there are several trees that are dead that will need replanting in the fall. 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. Mr. Orlowski: Opposed? So ordered.? Mr. Orlowski: I have nothing further left on may agenda. Are there any comments or questions? Any questions from he board? Mr. Mullen, I get so used to him being here I just keep saying that, we do miss him. Mr. Latham, Mr. Ward, Mr. Edwards, Ms. Scopaz? Being no further questions, I'll entertain a motion to adjourn. Southfork Asphalt on Homestead Acres - We were here abou~ two months ago, I guess to get a C.O. for a house and I would like to talk to the board about how I go about getting the thing finally approved? Mr. Latham: You were questioning the bank, I think. Southfork Asphalt - We have one section of the road that in the original map there was a road that was going out to County Road 48 and that was back and forth and there was an area there that has to get topsoil and seeding and we have a problem with the bank and there is also a question of some ~treet trees. The major problem with the bank is that there is no room to do anything there where the curb starts if you are driving where the curb starts there is a monument tha~ is probably five feet off the curb line and five feet high and there is no room to slope the shoulder. Mr. Latham: About 6:00 p.m. I went out. There is vegetation on this cut. The cut is just a rough cut made and it is not bad except it is kind of hanging over and it should be just graded off a little bit. Just smooth it off, I think. PLANNING BOARD 20 SEPTEMBER 11, 1989 Mr. Ward: The surveyor could move the monument if it's in the way. Southfork - The problem is that the monument is on the top of the bank and you are in somebody else's backyard. Someone else doesn't want a road in there backyard. Mr. Latham: It's not too bad, it's not the bank itself, it's the top of the bank. Southfork: The top of the bank is not ours, it is somebody else's. When you go up a hundred feet there is some room to do some cleaning but in the first ten feet or so there is really not any property up there. Mr. Latham: At least it's growing. Southfork: If that gets raked out a little bit? Mr. Latham: I think so, a little seeding and a little cleaning up. Southfork: There is a pile of dirt on the other side before the curb line which at one time was a problem. Do you want that removed? Mr. Latham: It is right on the edge of a sump. Did the pile come from your road. It should be removed. Southfork: There is a little bit of a problem. You required street trees. In the specs or the specs at the time there is no spec for street trees. I have a cross section here when we did the job which we picked up from the Town and it is dated July 30, 1985 which is somewhere where we started and it specifies the shoulder is to be top soil and seeded.. It doesn't mention anything about street trees. Mr. Orlowski: Did you get the C.O. on that one house. Southfork: Yes. Mr. Orlowski: The bond estimate has street trees in it and you went along with it and paid the inspection fee on it. Southfork: No, unfortunately we're the contractors but Riverside Homes may have done that. Mr. Orlowski: Well then, you tell them to come back and put the trees in. Southfork: Is there a spec now with the trees. The reason I ask if because to be able to do that I have to know where they go and where they have to be and how far apart and everything else. PLANNING BOARD 21 SEPTEMBER 11, 1989 MS. Scopaz: In the Highway specification code they is a specification for trees. Southfork: Another item was street signs, they have been ordered through the Highway Department I think back in June 22, I think was the date and they have not arrived yet. Mr. Edwards: If you can prove they are ordered that is not a problem. Southfork: By next month, I would like to present the as-builts and have the thing inspected and have it completed so that he can get wherever he has to get. Mr. Oriowski: I'm sure it those items are just about done we can go over it and if there is any question and if the signs are ordered through the town we don't have a problem with that. Southfork: He can get his approval? Mr. Orlowski: Yes. As long as we know they are ordered and going to be put up. Mr. Latham: You mentioned that you are going to put some topsoil and clear that out where the road was originally going to go out to 48. Southfork: That has to get seeded, because the time that we did the other seeding there was still a question as to whether there was going to be a road there or not. Mr. Latham: I have forgotten, who gets that land, is that part of the house lots? Southfork: That whole section is the Town. I think there is two lots to the west but where you first come in where the problem with the bank is that is all the Town and there were no lo~s on the southside before the curb, that was all Town property. Mr. Orlowski: Atright, everything else in the bond estimate has to be complete. Southfork: O.K. Thank you. Jim Bitses: Are we finished with the agenda for tonight? Can we add something on at this time please? Mr. Orlowski: We'll give you five minuues. Jim Bitses: I submitted a rough sketch to Valerie two weeks ago for a sixteen acre parcel, 450 ft. of waterfront, 50 feet of road front and eight or nine acres of woods. My proposal involves possibly 50 to 100 permanent jobs in this Town with a PLANNING BOARD 22 SEPTEMBER 11, 1989 payroll of about 2 million. I'm proposing a convention center, motel, marina and boat yard on sixteen acres. Four of which will remain vacant. The four acres along the road which are wooded to remain vacant, to separate the road from the facility, in other words you can't see the facility from the road. The other piece would be centerpiece with the convention center that would possibly seek between 200 ft. and 500 ft. and it would be a ninety-six unit motel and a hundred slip marina, a boatyard for indoor and outdoor storage with repairs and sales and things of that sort. A fairly large size swimming pool which would be covered and used in the summer and winter and one of the traditions that we intend would be a fairly expensive advertising budget to bring in business during the winter. The whole thing would run around six to six and one-half million which would be six to six and one-half million to local merchants in this town because that is where we are going to get our supplies and our labor. All and all it is a compatible type of industry that will not deface the town in any way and it will supply a very much needed facility at which we are at very short supply in this town. Access to the water, boat access and people access to the water. I laid out a sketch which I gave to Valerie, we did it with symbols, it is just a rough idea of the general layout of what this proposition would look like. I would like to have some kind of an input by this board as to whether there is even a china man's chance of this thing getting off the ground. It would be a crime not to get it off the ground because it would do the town a lot of good. Mr. Orlowski: About that china man's chance, I think you are about right. We just finished the Cove. There were a lot of environmental problems that we had down there and I don't see this project being any easier. You would have to stat with a change of zone which I don't see forthcoming that easy. Mr. Bitses: board. I am sure I would get support and help from this Mr. Orlowski: Well, I don't think the area could handle it. I think the road system down there would not surface and I don't want to sit here with three hundred people at every meeting complaining about that project. Mr. Bitses: The would be staying an entire week-end, they would be staying at the motel, they would be visiting various areas of the town and spending money and then they would be on there way come Sunday or Monday, whatever in the summer and winter. Part of the convention center there would also be a very fine restaurant and bar and along with the hundred foot floating marina, there would also be a floating deck. Mr. Latham: Do you have a minor subdivision, isn't there something going on now. PLANNING BOARD 23 SEPTEMBER 11, 1989 Mr. Bitses: I have a minor subdivision at this time but it is has been hung up for the last two years which it should not have been. There is apparently conflicting ideas as what to do with my property. That is the way it goes. Mr. Latham: Personally, I agree with our Chairman. I think our marine zones are already laid out in the master plan the way they should be. Mr. Bitses: This town has no facilities at all except Reydon Shores which are privately owned. Mr. Orlowski: I don't think they want the facilities down there and that is going to be part of the environmental review and the environmental impact and if that ever went through I would never believe it. You can proceed any way you want but I don't personally feel that it would ever fly. Mr. Bitses: Is there any reason why the four lot minor subdivision has been held up for two years. Mr. Orlowski: There are a few items that have to be addressed. Mr. Bitses: The only item that has been addressed for the last two years is covenant and restrictions. I supply covenants and restrictions and they are turned down on some point. Then I correct that point and then they are turned down on some other point that was previously acceptable. Not only that but periods of as much as six months pass between my application and the refusal. Now, there is something lackinq in Denmark. Somebody has contrary ideas as to what they want Go do with my property. Mr. Ward: Under the covenants and restrictions, the best we can do is that you are better to go one on one with the town attorney. Mr. Bitses: I did. I've done this over and over again. I submit the covenants and restrictions to Valerie and it takes three, four or five months to get to the Town Attorney and now the things that he has accepted, he turns me down. The last time I spoke to him he said alright, you come on in and sit down and we'll cover this thing. What I'm suggesting that there are no problems with the covenant and restrictions but somebody has contrary ideas as to the use of this property. Sixteen acres for four lots, that is pretty damn good. Nine acres of wooded land there, that's pretty darn good. Mr. Orlowski: We don't have a problem with it at all. Mr. Bitses: I can't get past Valerie's office door, I can never approach you gentlemen. PLANNING BOARD 24 SEPTEMBER 11, 1989 Ms. Scopaz: Mr. Chairman, I would like to just bring to the boards attention that Mr. Bitses still needs Health Department approval before he can proceed with the final hearing. Mr. Bitses: The Health Department says give us covenants and restrictions that will cover the fact that there is one part per million nitrates too high. The world scale is 45 to 50 parts per million and in this county it must be 10 parts per million. We're at 11 parts per million and I said sure and I pushed all the covenants and restrictions that they suggested in their wording and even that was turned down. What I'm suggesting is that there is more here than meets the eye and that somebody is trying to block the granting of a four lot subdivision. The strange thing about it is I have a four lot subdivision there. Four one acre lots and this application is merely to extend those four one acre lots down to the water. In other words, I could sell off four one acre lots along the highway right now because it was granted in 1979 but I thought I would be doing very well by this Town to extend them down to the water so that each lot would have about two hundred feet of waterfront. That is where I have run into this problem where I am being obstructed. That is the only word I can use, and I should not be obstructed. Mr. Orlowski: I think that project is a lot more feasible that the project that you are talking about and I'm sure you can meet with Mr. Bitses and iron this out because it doesn't appear to be a bit problem. It is just a little disagreement between you and the Town Attorney. Mr. Bitses: That is not where the problem is. the back in the administration is the problem. Somewhere in Mr. Orlowski: Well it's not in this administration. Mr. Bitses: I know it is not with you gentlemen. Mr. Orlowski: I would suggest you sit down with Valerie and the Town Attorney one more time and go over those couple of items and iron it out and lets finish it up. Mr. Bitses: I submitted the revised covenants and restrictions about three or four months ago and they are just sitting in Valerie's office. She has other things to do and she has more important work to do. Mr. Orlowski: Valerie can make an appointment with you and the Town Attorney in the very near future. Coordinate that, iron it out and let's get it over with. Ms. Scopaz: The Town Attorney just returned the comments and there is a draft letter which is being reviewed by the board and it will go out to you. It outlines specific problems that the Town Attorney has with the wording. PLANNING BOARD 25 SEPTEMBER 11, 1989 Mr. Bitses: Everytime I say I will correct those problems I do. The other problems then arise on the part that was accepted. Now what do we do in that case. It's a routine. Mr. Orlowski: I would suggest you follow it up just like I told you and with 270 applications in the office it is not that easy to keep up on everything so you are going to have to follow-up yourself and get in touch with Valerie and the Town Attorney and come to some sort of agreement right then.and there and I don't see any big problems. Mr. Bitses: I'll do exactly as you say. Mr. Orlowski: Being no further questions, I'll entertain a motion that we adjourn. Mr. Latham: So moved. Mr. Ward: SeCond. Mr. Orlowski: Motion made and seconded. Ail those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Meeting adjourned at 9:00 p.m. Bennett Orlowski, ChairmaJ Respectfully submitted Jane Rousseau ' Temporary Secretary