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HomeMy WebLinkAboutPB-11/20/1989Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOT'[ L, HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN, OF SOUTHOLD Present were: SOUTHOLD TOWN PLANNING BOARD MINUTE NOVEMBER 20, 1989 Bennett Orlowski Jr., Chairman Richard Ward Kenneth Edwards Richie G. Latham Mark McDonald Melissa Spiro, Planner Vaterie Scopaz, Town Planner Jane Rousseau, Temporary Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. First, I would like to introduce our newest member taking Mr. Mullen's place. Mark McDonald. O.K, the first order of business at 7:30 p.m. - DBM Affordable Housing - Board to review the bond'estimate dated October 13, 1989. What is the pleasure of the board? Mr. Ward: Move for acceptance. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on.the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Also, I have the engineer's report dated Octobe~ 13, 1989. What is the pleasure of the board? Mr. Edwards: I move we accept it. Mr. Latham: Second. PLANNING BOARD 2 NOVEMBER 20 , 1989 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next, we'll move to the public hearing on the final maps. This major subdivision is on 37.762 acres located at Southold. SCTM 91000-55-6-15.1. We have proof of publication in the Long Island Traveler Watchman and also in 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? Lorna Tuthill: I live on Boisseau Avenue and I am a property owner in Yenne~ott Park development. My husband and I developed Yennecott Park over 20 years ago. In the recent past I've made my interest in affordable housing known to the ~own Board, the Planning Board and the community at large. I am not opposed to what is generally considered to be affordable housing in the area of the DBM property but, I do not like the plan that is being submitted or the manner in which the Town i~ allowing this land to be used. Arguments that favorably compare Highpoint II with Yennecott Park I resent, and I shall explain why I believe my feeling is justified. In planning Yennedott Park our concern was to provide the local families a comfortable and attractive safe area to live and raise children. We built at our own expense the pond that has become a favorite setting for wedding photos to be taken, set aside green areas for play and community gmtherings and designed the road with safety for bicycles and walkers inmind. At that time the members of the Planning Board shared our values and our vision for the future of Southold. In pursuing my concern ~or young families and the need for housing they could afford, I talked to the Town councilmen, met with representatives of the Planning Board~ seen the file of correspondence and documentation of DBM property and come to the following conclusions. Our Town Board watchdogs have represented the building industry and the developers in drawing a master plan and in approving affordable housing code. The Town Planning Board works on a piece meal basis without vision for the interrelatedness of areas and co~,~nity of people that will live in them. It in essence has turned the planning over to the developer in this particular case. Half of these fifty-six lots are to be developed under the affordable housing guidelines. Only the developer knows which ones they will be and when they will be available. Administering the applications, explaining the guidelines, and assuring secured transactions for the eligible, I see as the responsibility of PLANNING BOARD 3 NOVEMBER 20, 1989 the town community planner. Not the developer whose declared chief purpose is to make money. Town officials both elected and hired are grossly lacking in their responsibility to allow this to take place. As to the plat of Highpoint II, 40% of the 56 lots are less than 100 foot frontage on the road. One lot, number six is surrounded by four backyards, but for a 20 foot wide 100 feet long strip for driveway that allows access to the road. Of the 53 lots in Yennecott Park, three of them, 6% have less than 125 foot frontage and the lowest is 110. Anyone who knows Yennecott Park can see by these figures alone that when Highpoint II is developed it will be no match for Yennecott Park. Highpoint II developers have refused to consider designating any area as green space or park area with the stipulation that it be turned over eventually to a homeowners association. The Planning Board's reasoning on allowing this is that too much needed affordable housing lots would have to be sacrificed. Again I ask, who is doing the planning. I'm not talking about cluster zoning, I am talking about a place for families to gather for sociability and for children to play in safety. The affordable housing code allows the developer to give money to the town in place of such green space. Who formulated the legal document? The Southold Housing Advisory Committee who's membership consisted of advocate for building in Southold including Mr. Mandel. The plat for Highpoint II has been insensitive to people and unimaginative in its use of the land from the beginning. The covenants and restrictions as filed lists seventeen rules and regulations for use of the.property by property owners including size of house, landscaping, care, etc.. Fine, such restrictions helps to make desirable neighborhoods and to promote neighborliness but the list of these covenants and restrictions include in article six the following statement. "Nothing in this declaration shall be construed as obligating the developer to supervise compliance with or to enforoe these covenants and restrictions and no person shall have a cause to action against the developer for its alleged failure to supervise or enforce. Prior to the cut off date such power may be exercised by the Homeowners Association or if no such association exists by any owner upon proof of the ~written consent of at least 60% of all owners". Privilege to ignore these restrictions by the developer is a gross injustice to any purchaser and a shirking of responsibility on the part of the developers. The Suffolk Times on July 6, 1989 quoted Mr. Mandel as saying "it isn'~t necessary to be optimistic to have affordable housing, the purpose in creating Highpoint II is to make money." I contend, it isn't necessary to be greedy and self-serving to turn a good profit. Thank you. Mr. Orlowski: Are there any other objections to this subdivision? Larry Fullerperine - I am also a property owner in Yennecott Park. In no way should our comments be misconstrued. The PLANNING BOARD 4 NOVEMBER 20, 1989 property owners association of Yennecott Park supports affordable housing in Southold Township. We support the building of affordable housing direCtly adjacent to our subdivision. The township needs it and we welcome it to our neighborhood. I only want to second one of the major points that Lorna made. That is that the Planning Board has not exercised its true function in the developement of this subdivision. That is to plan. We requested a meeting with the Planning Board staff as the property owners association to sit down and talk about how to help integrate this subdivision into the communities that already exist in that specific vicinity and into the subdivisions that surely will follow in the remaining farmland or vacant land in the direct vicinity. We spent about an hour and a half talking with the staff about why we felt the green space of Yennecott Park should be ducktailed in with green space in this subdivision and in the subdivision that surely will be built directly adjacent to them to make a very liveable community in Southold Township, to give people a place to be and have something that is green and wild in the township. We strongly requested at the end of that meeting that we get a response in writing from the Planning Board about our concept that would fit in with this development. We are still waiting, that was in July. We didn't even receive ap hone call and I feel that process by whick all this took place shows a distinct lack of respect for members of our community who are welcoming affordable housing to the neighborhood. I believe at this point the planning board should take a step, they should plan and help to integrate this neighborhood into our community and not allow the map which is presently configured to go forward. Mr. Orlowski: Any other objections to this subdivision? Hearing none, any endorsements of this subdivision? William Moore: Attorney for the applicant. I am here to answer any questions you may have, I think that Your~q and Young has done a good job and I do point out that we've got here the subdivisions half acre lots. Many which exceed 20,000 square feet in size. Had this been an area in which a water and sewer plant could provide we would be talking about one quarter acre lots. Half acre lots are not that small. I understand that we've got two acre zoning in this town but a half acre lot is not that small. I believe they have got a good layout here and I would like to see the board move forward with the approval of the plan as shown. Thank you. Gail Rast: I have been living out here about seven years and I work in Southold. I would like to purchase an affordable house to live in. I would like to stay near my family, I'd like to stay near my grandchildren and I would like to say that Yennecott is a beautiful area. If I could afford to live in Yennecott, I would. It is very idealistic to want two area zoning, a park that is very nice but to have all that costs money. I don't have that kind of money to support what it would PLANNING BOARD 5 NOVEMBER 20, 1989 cost to have that. I think that it is wonderful that there are projects in the works and I know that half-acre lots probably sound very small to those of you who have lived out here all your lives which you've been very fortunate. I don't think that anyone who moves in this area is in such a income basis that you have be concerned that they won't landscape their property. These a~e young couples both working who want something very nice and very special. I'm a person all by myself. I would like to have a beautiful landscaped yard, a very nice home which I will furnish beautifully and it will be something to be proud of. I don't think we are talking about low income here, I think we are talking about affordable. Anyone who can afford these homes have to be making a decent living otherwise out here you are on welfare. There is no such thing as low income. Either you are professional people who just don't have the security of going into a second home or parents that can help you. You know this is very, very necessary. I am a career person, I work three jobs and I think that I have paid my dues and I would like to own a house and this man is making it possible for me to do that. I think it would be great, I would love to live in Yennecott. I can't afford anything in Yennecott. I don't think my son and his wife could ever afford to live there and if we don't have projects like this, I will forced to leave town, my children will be forced to leave town and we will be a community of a ghost town, there will just be a few of the older people who are fortunate enough to have something from before providing nothing for their children. I don't believe anyone moving into this project will have anything that there is to be ashamed of. I think that people are so hungry for homes and hungry for a place to live that it will be beautiful and I honestly believe that Mr. Mandell has tried to plan it to make it affordable and the longer you make this man wait, the less affordable it is going to be. I don't think $28,000 or what ever it is going to be, I know it's going to be under $30,000, and then you put a house on that property, you're talking $100~000 and that is not even affordable. You have to make a very good living to have a house, a first time house, costing that much money. I mean, the older homes on the open market, you can't afford to buy anything. I mean, I have been looking ever since I'ue been out here and I work very hard. I know so many young couples with small children and they need a home and it's very nice to want everything just so perfect but if you people don't approve this or start approving some of these other projects that are so necessary there is not going to be anyone left in town for you to even talk to about this. That is all I have to say, I hope that you come to your senses and try to help the young people, they really need your support and not your lack of support. Eileen Kreiling: I was born and raised as my husband was in this town. We left for a few years in order to get some kind of experience in our business and we came back here and we had our children in order to start a business in order to let them grow up and live in the community that we grew up in and that we love. For us to even consider to buy a home. Starter homes are PLANNING BOARD 6 NOVEMBER 20, i989 not for people like us at $135,000. That is not a starter. We have two children and we work very hard. We're trying to make a start out here. All the people I went to school With, all the people I grew up with leave, because they just can't afford to buy a home here. It is a shame that you are driving out your next generation of people who are willing to support this town and who grew up loving this town. It is impossible for us to stay here and I agree with Gail that finally somebody has made a point of giving us an opportunity to show ourselves, to show that we are reasonable good hard working people who will make a beautiful co, L~unity and make beautiful homes for our children to grow up and live in or we wouldn't be in such a beautiful community. Thank you. Linda Macinberg: I have lived here all my live and I agree with both women. We need it. We live in a trailer now and my daughters bedroom I'm sure is smaller than your bathrooms, it is a shame, she has a friend come over and she can't sleep in the same bed because the room is so small. If these people are willing to help us then darn it, you people help us too. Maureen Wheeler: I live on the property adjourning this. I wrote a letter to the board back on May 4th with a few questions. I do want to see affordable housing and I don't care that it is in my neighborhood but, I believe some of the people have misconstrued what Mrs. Tuthill has said~ She has said that she is for affordable housing. Could I ask the board a few questions: In my letter I asked if the declaration of covenants and restrictions would be adopted and made a permanent part of this project, will they be? Mr. Orlowski: As soon as they are approved by the Town Attorney~ but they haven't been yet. MaureenWheeler: Who will be responsible to see that these are enforced? Mr. Orlowski: Probably the Building Department, Homeowners Association. Maureen Wheeler: If there is no homeowners association, who will be responsible? Mr. Orlowski: There will be covenants on this property and it will be on the map and on the deed and everyone will full well know what they are. we have an enforcement officer, who just rides around looking for certain things and waiting for phone calls. Maureen Wheeler: Do we have some kind of assurance that the adjourning or bordering properties may not be developed in a AHD district? PLANNING BOARD 7 NOVEMBER 20, 1989 Mr. Orlowski: We can't give you that assurance. We know we need affordable housing in this town and we have to start some where. Being that this location is close to water as it is, is what it got to fit in an AHD District. If more is needed I can't say if it will get there or somewhere else. That would be up to the Town Board in their decision. Maureen Wheeler: Could I make a suggestion that maybe park areas also be included in future AHD Districts. Mr. Orlowski: Well, you can but it would have to go before the Town Board. Mr. Orlowski: Any other endorsements? Mr. Tuthill: There is a great difference of feeling here and I don't think there should be. What my wife stated about all the restrictions sound great but from my experience as having developed Yennecott Park and the restrictions are now looked after by the association. Never, to my knowledge when someone applied to build a house. The building department, if they meet the town criteria they will get the permit. They could care less about the restrictions. They say they can't be concerned about all the different restrictions in every different developement so therefore, it has been up to myself and then the association to follow up on the restrictions and make sure they are abided by. What we are trying to do is to alert these people who wanted these homes so badly that they sort of have blind folders to see these things that are written are not backed up that they can carry through while they live in this place. We are very concerned about this. We want the affordable housing but we want to see it be a success and not have the developers shirk out from their responsibility because up to now I have not seen the building department care about individual development restrictions. Mr. Orlowski: Years ago, a lot of restrictions that were placed on a lot of subdivisions were not filed properly. Now all these restrictions will be on the assigned map before it is signed. Mr. Tuthill: I resent that statement because I did everything above board. They are all filed and everything. I have gone to the Planning Board and been told that they cannot be bothered with restrictions in an individual development, it is up to the developer or the association to do it and that is what I would like to see is guaranteed for the sake of these people here for their affordable homes and I do not see it as it is written up now. I am only telling you of my past experience that the Planning Board has not cared about the restrictions in Yennecott Park. Ms. Scopaz: I think the board hears your point. There is a minor problem here that the board can only go so far. They have a right to impose covenants to require that a declaration of PLANNING BOARD 8 NOVEMBER 20, 1989 covenants and restrictions be placed on each lot in the subdivision and they can make sure that it is not only on the filed map but that there is actually a recorded declaration which this means that every property deed that is issued will have that so-each potential property owner whether they are affordable or not goes and sits down with the attorney at the closing and the attorney will have to say to them "now look~ you should be aware that there are restrictions on this property" so each buyer, if they are properly represented will know before they sign a piece of paper that there are restrictions and will know what they are, The Planning Board is not an enforcement agency and has not been given any kind of enforcing power. Therefore, they cannot, in response to a complaint, they do not have the authority on that because at that point it becomes a private thing. If there is a homeowners association then you have to write or go to them. Mr. Tuthilt: It all sounds well, but people who purchase lots in Yennecott Park we make it a point to get the restrictions and the thing I'm Concerned about is this loop hole saying DBM won't be held responsible if the restrictions aren't enforced. Mr. Orlowski: Any other endorsements of this subdivision? Mrs. Tuthill: I have to clear this up that I am against this affordable housing. I am not against the affordable housing, but I am against in which the way the Planning Board is allowing it to proceed and the way it is being handled. YennecOtt Park lots are only half acre lots and we are not trying to sell they to anybody as affordable housing. In their day they were very affordable. There value has gone up like others have here. We are very happy that someone is going to have a chance to buy some affordable lots, but it doesn't have to he done at the expense of the people who are trying to buy them. Our concern is for the peOple, to know what they are getting into that it may not be exactly as it appears. Mr. Orlowski: Any other endorsements? Kevin Flynn: I've lived here all my life with the exception of seven years that I served in the Navy. I hear a lot of people are worried about me and how I am going to buy into these lots and if my grass is going to grow too long and if I'm going to have 01d vehicles in the yard. For $100,000 that I'm going to spend on these lots, I think I'm going to take s~me pride in what I do and I think this community can be as nice as Yennecott or as nice as any community here in Southold. I have been chasing these affordable programs since I moved back from the Navy and they all seem to be pie in the sky u~til right now when we actually see that one is within our grasp and I hate to see it slip away. It seems that right now it is almost a reality. I pinch, myself hoping that it's not a dream. PLANNING BOARD 9 NOVEMBER 20, 1989 Mr. Orlowski: Any other endorsements? Hearing none, is there anyone out there who is neither pro nor con but may have information pertaining to this subdivision that would be of interest to the board? Hearing none, any questions from the board? Board: None. Mr. Orlowski: Being no further questions or con~nents, right now we do not have any water contracts or the Suffolk County Planning Commissions report so at this time we will have to leave this hearing open. As soon as we get those, maybe by the next meeting we will close this. Thank you for coming down. Any comments you may mail to us. Thank you. Mr. Orlowski: On this same subdivision, I would like to entertain a motion to refer the bond estimate to the Town Board to determine the amoun~ of money to be deposited in lieu of land for the park and playground. This will have to be done by the Town Board and they will have to send out an appraiser. Mr. Edwards: So movedl Mr. Ward: Second. This is in accordance with the reco~m~endation of the Southold Town Affordable Housing Committee of the Town Board. 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: Too Bee Reality - Public hearing 8:00 p.m. on the final maps. This minor subdivisio~ is on 7.956 acres located at Southold. SCTM ~1000-50-6-5. At this time everything is in order for a final hearing. We have proof of publication in the Suffolk Times and also proof of publication in the Long Island Traveler Watchman. I'll ask if there are any endorsements of this subdivision? David Kapell for the applicant: At this point we believe we have complied with all submissions and requests made by your board and we ask for a speedy approval. I believe my client, Mr. Hanauer is here tonight and would like to ask a couple of questions of the board in connection with the bond estimate. Mr. Orlowski: Right now I am asking for endorsements. He can ask in a few minutes. PLANNING BOARD 10 NOVEMBER 20, 1989 Mr. Orlowski: Any other endorsements of this subdivision? Hearing none, any objections to this subdivision? Mr. Bitses: Yes sir, we certainly have objections to this subdivision. Two years ago, the directors of Too Bee Reality told this planning board that they would remove a dam whiCh was blocking the flow of ground water into lot number four of this subdivision. The dam is built on the edge of impermeable clay. The water that gathers there is a highway sump called Hummels Pond. There is no natural water flowing in that other than that that comes down the road and flows into that pond and since time has flowed out into lot number four and sunk and recharged into the acquifer at that point. The reason that it recharges in lot number four is because it is permeable ground and for a thousand years the area in which the permeable ground is found has been a marsh. All you have to do is go over there and walk up to your hips in the marsh water. Apparently, this board wasn't listening two years ago when Too Bee made that promise. Apparently, this board doesn't have liaison with the Trustees, who are getting ready to declare lot number four a fresh water wetlands area and a recharge area. The law requires that any groundwater be recharged into the aquifer so it becomes useable. The law falls just as heavily upon your shoulders as it falls upon mine. Two years ago, three years ago, we had a solution for this problem and the solution was offered by Ray Jacobs, the Highway co~m~,issioner who is aware of contour lines and who is aware of flow lines and. is aware of recharge areas and he suggested and if you look at the map there that a certain 4580 corner of lot number four be made the highway sump with a 12 foot right-of-way so that the highway sump could be serviced by the Highway Department. That requires a grant of deed from Too Bee Reality to the town for the purpose of creating a highway sump to a level so the water running into Hummels Pond highway sump would run down into this dug area and in effect it would dry out the marsh and it would make lot number four a buildahle lot which it is not now. Before you, you have a final map, but how it ever got to this stage I'll never know because one of the four lots that you consider part of this final map is not buildable. Not buildable under the present circumstances and you have done nothing to help this process along. Not even contacting the Trustees to find out what they were doing in this case. You don't have four lobs here, you have three lots and a marsh. What are you going to do about it? What I suggest, is that if you withhold this one lot, from this developer, you will see how quickly he will give this town a deed of grant for a parcel in the northwest corner of lot number four of a 4580 grant with a 12 foot right-of-way. The dam that he has erected to block off the groundwaters that percolate into the ground in lot number four is known locally as a $100,000 dam, its corporate purpose being to dry out lot number four, hoodwink you into thinking it is a buildable lot and sell it for a $100,000 or better. Some poor fool is going to come along and he is going to try to build a house there and he is going to get shafted the way this other person was shafted just recently, who PLANNING BOARD ll NOVEMBER 20, 1989 bought a lot and discovered that he couldn't build because it was a wetland. The same thing is going to happen and that is what I wrote to you about six months to a year ago. That the purpose of the dam was defraud. The purpose of the corporation is to sell that lot to an innocent purchaser thinking he is going to build a house and he is going to end up with a swamp on his hands that he can do nothing with but pay taxes on. I respectfully request first of all that you contact the Trustees and find out what the beck is going on with them, second that you hold this matter in abeyance since it is in litigation at this time and third that you declare the final map as containing only three lots. Witholding your position onlot number four pending the resolution of this problem, and there is only one resolution, the resolution is the resolution suggested by Ray Jacobs that they allow a sump to be built in the corner of their property indicated by a green square on your contour maps with a 12 foot right-of-way for servicing. Any questions? Will the action of this board be held in abeyance pending notification of the Trustees? Mr. Orlowski: I'm in the middle of a hearing and I cannot answer that. Mr. Bitses: Why not? Don't you ever talk to the Trustees? Don't you ever coordinate your efforts? Has anyone of you made a personal inspection of the area? Or do you just railroad these things through to a point where they cannot be reversed? Again I say matter is in litigation. Mr. Orlowski: This was coordinated with the Trustees with regards to SEQRA and there was no coa~uent at that time from the Trustees. Mr. Bitses: I spoke to the Trustees last Thursday and they are in the process of re-evaluating parcel number four. Mr. Orlowski: That is why we have public hearings. What is the boards pleasure on this? Mr. Ward: I think we can hold it open. ~r. Bitses: The solution is so simple that I cannot understand why they insist on destabilizing the water levels in that area. The dam first of all is totally and completely illegal and constitutes a public nuisance and they refuse to take it away. It is now causing a public health nuisance as well and since this town has horse farms there is the problem of a desease. By raising the water level of H-~mmels Pond they have flooded the adjacent forest land and once the forest land is flooded you cannot control the growth of mosquitos on the pond itself simply cause the pond is out of its banks into shallow pools and then what happens is, what happened this summer there are gigantic swarms of mosquitos some of which may be carrying a deadly virus and of course we will only know when PLANNING BOARD 12 NOVEMBER 20, 1989 they carry someone away and bury them. This is just one of the problems. Another problem faced by Ray Jacobs is that periodically this dam blocks the highwaY, blocks Soundview Avenue so that it is no longer passable constituting a public nuisance to traffic. One thing follows another but no action has been taken by this Planning Board to face any of these problems. I'm asking sincerely that you face up to these problems and there is only one way you can do it, by withholding lot number four temporarily you will force this developer who is bent on profits at any length, you will force him to finally come to terms and accept Ray Jacobs suggestion of a 40 x 80 sump in the corner of lot number four which will not detract from the fact that you could still issue a Certificate of Occupancy for a one family dwelling on that lot. In other words, 40 x 80 is approximately 3,200 square feet out of a possible 70,000 or 80,000 square feet. It will still be 1.8 or 1.9 acres but, it will be the solution to this problem and it is a solution they have resisted and I don't know why since they have stuck in everybody's craw in that area, they have created millions of mosquitos in that area. They have flooded three properties above them but they refuse to come to te~ms or to deal with anybody. In my book that is corporate arrogance in the extreme and I am going to ask again that this planning board very seriously consider issuing only three lots in this subdivision pending the solution of the problem that they have created in the forth lot. Any questions? Mr. Orlowsk: No, we will take your comments under advisement. It was coordinated with the Trustees when this first came in and there was no comment from them. Mr. Bitses: I relying on your good will. Mr. Orlowski: You will have to. Any other objections to this subdivision? Hearing none, is there anyone out there who is neither pro nor con but may have some information pertaining to this subdivision that would be of interest to the board? Mr. Kapell: Mr. Chairman, my clients purchased this property in 1986 and the dam or the berm that is referred to in Mr. Bitses comments was in Place at that time, we did not create it and we have not altered it and we never promised to alter it and in fact discussed this question with the board two years ago but at that time did not make a promise and I don't t-hink we were asked 'to remove the dam. On the contrary, several months ago a fellow was arrested on this property with a spade in hand who alleges to have been hired by Mr. Bitses for the purpose of removing the dam. That was not us and I think there has been some element of fantasy in his recollection of our having made a commitment to remove the dam. We never did so, we don't intend to and I object to the fact that these totally outrageous comments would result in holding over this hearing in as much as I think the Trustees were seriously considering any action affecting this property would notify you. We would hope that PLANNING BOARD 13 NOVEMBER 20, 1989 this hearing would be closed and that the application be approved. Mr. Hanauer: I am a resident of Mattituck and several maps were prepared for the approval before we arrived here tonight. One of the maps asks for profiles. The map was submitted on June 13th and amended on August 18th showing three inches of three quarter inch stone blend on top of six inches of bank run. I received a bond proposal and the specifications were different and I would like to get the clarification which is correct. Mr. Orlowski: What were the dates on those? Mr. Hanauer: The last one was submitted August 18, 1989 and amended prior to that June 13, 1989. Mr. Orlowski: Our engineer amended those on your map of August 18th, 1989. Do you see those amendments on there? In the report of December 26th, 1989 it refers to those amendments. Mr. Hanauer: The specifications as I see it, unless there is a different map shows for six inches of bank run with three inches of three quarter inch stone. Mr. Orlowski: copy of this. 26th, 1989. No, No, we have this here and you can pick up a Do you have the engineer's report dated September Mr. Hanauer: I have no report, just the estimate on the bond. Mr. Orlowski: You don't have the cover sheet then. O.K., you can pick this up in the office tomorrow, we will make you a copy. It spells right out here they changed the road specifications to what it should be and there is a cover letter with the bond estimate showing that. Mr. Hanauer: What is a fire well and why is it required? Mr. Orlowski: Because the fire district would like to have it there for fire protection. Every subdivision. The fire commissioners are in charge of fire protection and they see to it that there is adequate fire protection in each subdivision. Mr. Hanauer: Can this be shared with an adjoining property owner? Mr. Orlowski: If you can do that, that is fine with us. You have to speak to the fire commissioners. Mr. Hanauer: Based on these specifications for this type of road, will this become a town road? PLANNING BOARD 14 NOVEMBER 20, 1989 Mr. Orlowski: These specifications have to be built to town specifications to become a town road. I can't decide that, you have to decide that, if you want to dedicate it to the town these specifications have to be brought up to the town specs. Mr. Ward: I guess the question is, are these the town specifications? Mr. Orlowski: Yes. Mr. Ward: So if they were brought to these specifications it could be offered for dedication. Isn't that what the question is? Mr. Hanauer: Yes. Ms. Scopaz: If you wish to dedicate a road, you have to make that offer to the Town Board and the Town Board indicates whether it will accept the dedication. Mr. Hanauer: Based on these specification, I'm asking if the town would accept the road? Ms. Scopaz: Are you making a formal request? Mr. Hanauer: Yes. Ms. Scopaz: Can I suggest you put it in writing. The Planning Board doesn't have the authority to accept the dedication. The Town Board does. Mr. Kapell: I think maybe you missed the question, Ms. Scopaz. What he is asking is whether the specifications contained in the town engineers report. Are those specifications which would ordinarily allow the town to accept dedication of the road if it were offered. Mr. Orlowski: Being it is only twenty five foot, it would never be accepted. It Would have to be a fifty foot road. If you are asking if the town would accept it now, No. You would have to make it fifty foot. Mr. Orlowski: Any other questions or co~uuents? Any questions from the board? Board: None. Mr. Orlowski: Being no further questions, does this board want to keep this open to discuss with the Trustees that was brought to our attention. Board: Yes, ask Highway Department and Trustees. PLANNING BOARD 15 NOVEMBER 20, 1989 Mr. Orlowski: O.K., we will hold this hearing open until we get a clarification from the Trustees and Highway Department. Mr. Orlowski: Thorton Smith - 8:20 p.m. - Board to make a determination under the State Environmental Quality Review Act. What is the pleasure of the board? Mr. Ward: I offer a resolution for a negative declaration based on the following: An environmental assessment has been submitted and 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 wetlands havebeen designated by the N.Y.S.D.E.C. and all lots have been set back at least one-hundred (100) feet from the landward limit of the wetlands. The road layout has been designed to allow future access on Bergen Avenue which will eliminate some of the traffic flow onto Sound Avenue. The Board has requested that a temporary access to Bergen Avenue be maintained over the applicant's parcel, for emergency reasons, until such time that the access to Bergen Avenue over the adjacent propertyis constructed. The layout has been designed to provide a block of open space which is adjacent to land already planted as vineyards, thus having the potential to be farmed. There has been correspondence received from the Department of Health Services. All of their concerns have been addressed. Because there has been no correspondence received from the New York Sate Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on that motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Fir. Orlowski: Opposed? So ordered. Mr. Orlowski: Highpoint Section III - Board to review the Engineer's report and the bond estimate dated October 12, 1989. Board to review the Suffolk County Planning Coim~ission report dated November 3, 1989. Public hearing on the final maps. This minor subdivision is on 2.9189 acres located at East Marion. SCTM ~1000-31-3-11.25. PLANNING BOARD 16 NOVEMBER 20, 1989 Mr. Ward: I would like to make a motion to override the November 3, 1989, Suffolk County Planning Commission report. The Planning Board has requested that a road be built to the alternate road specifications, thus the subdivision will not result in the creation of landlocked parcels. The land in question was previously in a R-80 district. The applicant had pursUed a Change of Zone application with the Town Board for a business zone, and had submitted a site plan application to the Planning Board. The zoning map, which was adopted in February of 1989, changed the zone on the subject premises to a R-40 district. Thus, t~e subdivision of land in the proposed manner is not the result of a self-imposed hardship. Also, I would like to make a motion to adopt the October 12, 1989, engineer's report. I would also like to make a motion to adopt the bond estimate in the amount of $55,350.00 and to reco~m~end same to the Town Board. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Hearing closed. Mr. Orlowski: Alan Cardinale - James Creek Public hearing on the final map. This subdivision is on 15.9012 acres located at Mattituck. SCTM ~1000-122-3-1.1. (Synopsis - These three items were mentioned and discussed at the meeting: 1. Upland area versus wetland area must be shown on map. 2. Planning Board awaits Engineer Review and Bond Estimate. 3. Cul-de-sac must be revised to have full radius turn around with an island in the middle. Mr. Orlowski: I would like to hold this hearing open to review Lot ~3 a little closer. (Tape inaudible) I~r. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards Mr. Ward. Mr. Orlowski: Opposed. So ordered. PLANNING BOARD 17 NOVEMBER 20, 1989 Mr. Orlowski: Hamlet at Cutchogue - Public hearing on the Draft Environmental Impact Statement. This project is located at Cutchogue. SCTM 91000-102-1-33.3. Ms. Scopaz: Paraphrased the memo of November 20r 1989. I have reviewed the comments by Cramer, Voorhis and Associates. With regard to Comments 2 and 3; I would like to add a request that a slope analysis be included in the Final Environmental Impact Statement, so that the location of the severest slopes relative to the proposed regrading canbe easily seen. The regrading issue should be defined more clearly, and its impacts mitigated as suggested' in Comment 7; perhaps by a shift in the location of the buildings. Resiteing the buildings may be preferable to filling in existing low areas. Since the Planning Board has not received any building elevation sketches, these should be included in the FEIS in response to Concurrent 13. The water supply and disposal issue should be addressed inmore detail as suggested in Comments 19 and 21. Also, the traffic mitigation measures should include a look at connecting the roads in this project with Bridle Lane and Spur Road to the west. There are two subdivisions under consideration by the Planning Board which will result in the continuation of both these roads westward to Alvah's Lane. If the Hamlet connected with these roads, it could alleviate the ultimate traffic impact on Grilling Street, S.R. 25 and Depot Lane. However, the proposed roads within The Hamlet would have to be open to the public for this to work. The DEIS proposes to allow fire hydrants to be connected with the public water system. The Suffolk County Water Authority has stated that they are not interested in providing fire protection in Southold Town with the public water system; that the local fire department's policy of requiring fire wells should be adhered to. This should be addressed in the FEIS. Finally, the source of the demographic information in the Appendix is not indicated. Further, it should be updated to the extent possible with information from LILCO and the Long Island Regional Pta~ning Board. Recommendations: The Planning Board should wait for co~mlents from the Suffolk County Water Authority and the Suffolk County Department of Health Services before proceeding. The Board has two options: to either appoint Cramer, Voorhis & Associates to complete the FEIS, or let the applicant complete the FEIS. If the SCWA and the SCDHS have serious objections to the proposed system of handlingthe sewage, then my recommendation would be to have Cramer & Voorhis prepare the FEIS, at the applicant's expense. However, if the applicant is unwilling .to reimburse the Town, then the Board may be forced to let the applicant complete his own FEIS, and simply bill him, in advance, for its review by Cramer & Voorhis. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on this motion? All those in favor. PLANNING BOARD 18 NOVEMBER 20, 1989 Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Hearing closed. Mr. Orlowski: James Cohill - Public hearing on the preliminary map dated September 24, 1989. This subdivision is on 18.9108 acres located at Mattituck. SCTM 81000-107-1.2. Mr. Danowski raised the question of keeping open space in one large lot. Mr. Ward: What was Mr. Schondebare's response to your question? Mr. Pete Danowski: He thought it could be legally done but that the town had not done it before but the position obviously, is that the Town Code provisions says or any other approval or method by the Town Board. Town law, clearly says the Planning Board shall determine the ownership and if the Town Board wants they can mandate that after your recommendation they have to approve it which is I believe the status in this town. Mr. Orlowski: Well, the Town Board has not given us that power yet. Mr. Danowski: Well, the power you have, but I think they have th~ final say. YOur power is to make a recommendation and if you said on this particular one after you approve the preliminary map and before the map is filed. You would recommend that lot owner number one own this with a restricted covenants on it, I would run to the Town Board and try to lobby and support that application. I think without the recommendation from the Planning Board I don't think it would be a very smart-thing to waste my time. With your support, I think I could move forward with this. Mr. Orlowski: O.K., any other endorsements of the subdivision? Hearing none, anyone out there neither pro nor con but may. have information pertaining to this subdivision that would be of interest to the board? Hearing none, any comments from the board? Mr. McDonald: No. Mr. Latham: Only that we do have to talk to the Town Attorney about these open spaces, they keep coming up all over the place and I have to talk to him. I'm not quite sure about it. Mr. Orlowski: The Planning Board is the midst of a verbal discussion as to what to do with all this open space. All PLANNING BOARD 19 NOVEMBER 20, 1989 comments will be taken into consideration and I'm sure will be hashed out at some point in the future. Mr. Ward: Mr. Danowski, for our education, which towns presently allow that. Mr. Danowski: Riverhead does, we do it all the time. Southampton does it, they do it by deed and development rights on the open space. Mr. Ward: When you were here a year ago, you said you would get us that information. Mr. Danowski: I had it photo copied and delivered here. I can't remember whether I did it directly to a particular person. Mr. Ward: I don't recall getting it. Mr. Danowski: I'll redo it. Southampton was the first for creating easements, restrictive covenants whether agricultural or scenic and agricultural buffers. Mr. Ward: I understand the scenic easements and the rest of it and the agricultural easements, but I didn't realize that they were actually on one lot. I thought they were still homeowners association. Mr. Danowski: There were two ways to do it. My original request on this subdivision and other small ones has been, let us do a standard plan and take the back half of lots and put the covenants on it. You would'nt then fall into this technical definition of a clustered open space. You would get the same results if you take a standard map and take half of that lot or three-quarters of that lot whatever the Pla~ner Board decided and covenant and put a structure on it and keep it an open space. Same result happens visually but we have a standard plan rather than a clustered plan. That idea that would result in any activity by the Town Board was an alternative to that I say, take the one lot that Jimmy Cohill wants to build his new house on, attach the open space to it that he can farm and clearly restrict it on you map and record the easements or deed of dedication to the town development rights. Ms. Scopaz: Do we have any information about what happens when the property owner of the lot with the open space if he should default on his taxes, what happens to that land? Mr. Danowski: He won't default on his taxes because that is the land his house is on too. What should happen is the open space whether it is clustered and owned by the homeowners association or by him really that value should go with wherever the homes are. I'm saying the one issue is, let the one lot owner own the open space or as an alternate to a standard plan with the backs of the lots restricted. Aside from that issue PLANNING BOARD 20 NOVEMBER 20, 1989 however, is your assessors on the open space on a homeowners cluster should put no tax bill on the open space. He should put it on all the lots. He should portion it out at to whatever value is and put it on the open lots. That at least says that perhaps the carrying costs for that open space that belongs to the homeowners association is next to nothing. Maybe the liability insurance and then maybe you can get the waiver from the attorney general. Ms. Scopaz: Well, the question is, what happens in a situation where the primary lot owner .... . Mr. Danowski: If Mr. Cohill is going to build a $400,000 home on his lot, default on the taxes on the open space, which is a part of his lot, they would foreclose on his house. I don't think that will happen because we are not going to have two deeds. We're saying he owns maybe ten acres but he can't do anything but farm three-quarters of it. What ever percentage you want. Mr. Ortowski: Any other comments? Any questions from the board? Board: No questions. Mr. Orlowski: Being no further questions, I'll declare this hearing closed. Mr. Orlowski: Does the board have any pleasures on~ the preliminary maps? Mr. Ward: I move for approval. WHEREAS, James Cohill, is the owner of the property known as James Cohill major subdivision, located on Mill Road and Reeve Road at Mattituck; and WHEREAS, a formal application for the approval of this subdivision was submitted on March 20, 1989; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 6NYCRR, declared itself Lead Agent and issued a Negative Declaration on June 30, 1989; and WHERE~S, a PRELIMINARY public hearing ws held on said subdivision application at the Town Hall, Southold, N.Y. on November 20, 1989 at 8:10 p.m.; and be it therefore, RESOLVED that the Southold Town Planning Board approve the preliminary maps dated October 23, 1989. Mr. Latham: Second. PLANNING BOARD 21 NOVEMBER 20, 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. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Herbert Mandell - Public hearing on the final maps. This set off is on 11.912 acres located at East Marion. SCTM ~1000-31-4-15. Everything is in order for a final hearing. We have proof of publication in the Long Island Traveler Watchman and the Suffolk Times. I'll ask if there are any objections to this subdivision. Hearing none, are there any endorsements to this s~bdivision? Hearing none, is there anyone out there who is 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. McDonald: No. Mr. Latham: No questions, just a comment. The little house there you did a good job, you deserve to be commended. Fir. Ward: No. Mr. Edwards: No. Ms. Scopaz: No. Mr. Orlowski: No further questions, I'll close the hearing. 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 ~I000-18-4-i. Mr. Edwards: I would like to entertain a motion tQcontinue to hold the public hearing open until December 18, 1989, the next Planning Board meeting unless the maps in accordance with the January 26, 1989, CoUnty Planning CommiSsion report are submitted. A note, a public hearing was held and kept open on February 6, 1989, as the maps were not in accordance with the comments from the Suffolk County Planning Col~uuissio~, and had therefore not been reviewed by the Commission. The PlaDn~ing Board has not received revised maps from the applicant in accordance with the January 26, 1989, SuffOlk County Planning Commission report. The Planning Board cannot approve this subdivision until the County Planning Commission has reviewed the maps. PLANNING BOARD 22 NOVEMBER 20, 1989 Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Is anyone here representing North Road Associates? All those in favor? Opposed. So ordered. Mr. Orlowski: Board to set Monday, December 18, 1989 at 7:30 p.m. at the Southotd Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. Mr. Edwards: 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. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to approve the minutes from the regular meeting of October 16, 1989, and the Special Meeting of November 3, 1989. Mr. Edwards: 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. Orlowski, Mr. McDonald, Mr. Latham. Mr. Orlowski: SUBDIVISIONS: Final: Mr. Orlowski: Opposed? So ordered. Hanoch & Watts - Board to make a determination on the final maps dated September 15, 1988. minor subdivision is on 12.622 acres located at Cutchogue SCTM ~1000-101-1-14-1. Mr. McDonald: This PLANNING BOARD 23 NOVEMBER 20, 1989 WHEREAS Harold Watts & Giora Hanoch, are the owners Of the property known as Hanoch & Watts located on County Road 48 at Cutchogue; and WHEREAS, a formal application for the approval of this sLLbdivision was submitted on July 18, 1988; WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act,~ (Article 8), Part 617 Title 6NYCRR, declared itself Lead Agent and issued a Negative Declaration on October 31, 1988; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, Southold, N.Y. on October 16, 1989 at 7:30 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 15, 1988, subject to fulfillment of the following conditions within six (6) months of the date of this resolution: (1) Submission of a Draft Declaration of Covenants and Restrictions which is to be reviewed by the Planning Board and the Town Attorney. Satisfactory Covenants and Restrictions must be filed with the office of the County Clerk prior to endorsement of the subdivision by the Chairman. (2) Street trees are to be planted in conformance with Section 108-41 of the Town Code. Street trees must be planted prior to the issuance of any building permits by the Building Department. (3) The firewell must be shown on the final map. The firewell is to be located off of Alvah's Lane, within the fifty (50) foot right-of-way of Lot ~t. (4) The firewell must be installed prior to the issuance of any building permits by the Building Department. (5) A permit from the Department of Public Works is necessary for the common access to Lots Numbered 2 and 3. This permit must be submitted to the Building Department prior to the issuance of any building permits by the Building Department. (6) Two mylars,' with current Health Department approval, must be submitted prior to endorsement by the Chairman. Mr. Latham: Second. PLANNING BOARD 24 NOVEMBER 20, 1989 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered° Mr. Ortowski: John Simicich, Jr. Board to make a determination on the final maps dated August 18, 1989. This minor subdivision is on 7.4834 acres located at Mattituck. SCTM 91000-121-1-p/ot. Mr. Orlowski: WHEREAS, John Simicich, Jr., is the owner of the property known as John Simicich, Jr. minor subdivision located on Sound Avenue at Mattituck; and WHEREAS, a formal application for the approval of this subdivision was submitted on March 3, 1989; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (article 8), Part 617 Title 6NYCRR, declared itself lead agent and issued a Negative Declaration on April 18, 1989; and WHEREAS, a FINAL public hearing was held on said subdivision application-at the Town Hall, Southold, N.Y. on October 16, 1989 at &;35 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 August 18, 1989~ Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Bertram Holder - Board to make a determination on the final maps dated September 12, 1989. This minor subdivision is on 34.619 acres located a Ashamomaque. SCTM 91000-57-2.1.1. Mr. Edwards: I would like to entertain the following motion: PLANNING BOARD 25 NOVEMBER 20, 1989 WHEREAS, Bertram Holder, is the owner of the property known as Bertram Holder minor subdivision, located Bayshore Road at Ashamomaque; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 6NYCRR, declared itself lead agent and issued a negative declaration on September 12, 1988; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, Southold, N.Y. on October 16, 1989 at 7:40 p.m.; and WHEREAS, all the requirements of the S~division 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 12, 1989. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Dorothy L. Robertson - Board to make a determination on the final maps dated July 18, 1989. subdivision is on 2.508 acres located at Orient. SCTM ~1000-13-1-10. This minor Mr. McDonald: WHEREAS, Dorothy L. Robertson, is the owner of the property known as Dorothy L. Robertson minor subdivision located on North View Drive at Orient; and WHEREAS, a formal application for the approval of this subdivision was submitted; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (article 8), Part 617 Title 6NYCRR, declared itself lead agent and issued a negative declaration on June 19, 1989; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, So~thold, N.Y. on October 16, 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 July 18, 1989. Mr. Latham: Second. PLANNING BOARD 26 NOVEMBER 20, 1989 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman signed maps). Mr. Orlowski: Elijah's Lane Estates, Section III - Board to make a determination on the final maps dated January 1989. This major subdivision is located at Mattituck. SCTM ~t000-108-4-7.1. Mr. Ward: Mr. Chairman, I move that we adopt the revised bond estimate dated November 13, 1989 in the amount of $174,710.00 and recommend to the Town Board that they adopt same. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Ward: I would like to endorse the final map. WHEREAS, Tony Aliperti and Irwin Popkin, are the owners of the property known as Elijah's Lane Estates, Section III located on Elijah's Lane at Mattituck; and WHEREAS, a formal application for the approval of this subdivision was submitted; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 6NYRR, declared itself lead agent and issued a conditional negative declaration on October 16, 1989; and WHEREAS, all condition's of the Conditional Negative Declaration have been met; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, a FINAL public hearing was heldon said subdivision application at the Town Hall, Southold, N.Y. on October 16, 1989 at 7:50 p.m.; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated January 1989; subject to fulfillment of the following conditions within six (6) months of the date of this resolution: ii Submission of the maps showing a fifteen (I5) foot easement over Lot $3. This easement is to provide PLANNING BOARD 27 NOVEMBER 20, 1989 access to the open space. OPEN SPACE be a homeowners association with an easement for water supply and distribution in favor of the Town. 3. Receipt of a Letter of Credit or its equivalent in the amount of $174,710.00. 4. Payment of the inspection fee in the amount of $i0,482.60. 5. Payment of the park and playground fee in the amount of $19,350.00. Mr. Edwards: 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. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Timothy Gray - Board to make a determination 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: WHEREAS, Timothy S. Gray, is the owner of the property known as Timothy S. Gray minor subdivision, located on Soundgiew Avenue at SouthOld; and WHEREAS, a formal application for the approval of this s~bdivision was submitted on November 7, 1987; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 617 Title 6~CRR, declared itself Lead Agent and issued a Negative Declaration on December 19, 1988; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, Southold, N.Y. on October 16, 1989 at 8:00 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 March 29, I989. Mr. Latham: Second. PLANNING BOARD 28 NOVEMBER 20, 1989 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. Mr. Orlowski: Mr. William J. Baxter, Jr. and et al - Board to make a determination on the final maps dated June 22, i989. This lot line change is located at Mattituck. SCTM ~1000-108-4-9,10,11. Mr. Orlowski: WHEREAS, William J. Baxter, Jr., et. al., are the owners of the property known as William J. Baxter, Jr. et. al. minor subdivision, located on Elijah's Lane and Main Road at Mattituck; and WHEREAS, a formal application for the approval of this subdivision was submitted on December 2, 1988; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (}Article 8), Part 617 Title 6NYCRR, declared itself lead agent and issued a negative declaration on September 11, 1989; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, Southotd, NY, on October 16, ~989 at 8:15 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 June 22, 1989, subject to receipt of two mylars and five paper prints with Health Department approval. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. (Chairman signed maps). Mr. Orlowski: Wild Oats - Board to make a determination on the final maps dated April 27, 1989. This major subdivision is on 14.734 acres located at Peconic. SCTM $10~0-86-4-6. PLANNING BOARD 29 NOVEMBER 20, 1989 Mr. MCDonald: WHEREAS, Frank Cichanowicz, is the owner of the property known as Wild Oats located on Indian Neck Lane at Peconic; and WHEREAS, a formal application for the approval of this subdivision was submitted; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 6NYCRR, declared itself lead agent and issued a negative declaration on March %6, 1989; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, Southold, N.Y. on September 11, 1989 at 7:30 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 April 27, 1989, subject to fulfillment of the following conditions within six (6) months of the date of this resolution: (i) A draft of the Declarations of Covenants and Restrictions must be submitted to the Planning Board office for review. Satisfactory Covenants and Restrictions must be filed with the County Clerk prior to endorsement of the map by the Chairman. (2) A draft Homeowners Association must be submitted to this office for review by the Town Attorney. A satisfactory Homeowners's Association must be filed prior to endorsement of the map by the Chairman. (3) A determination of the amount of money to be deposited with the Town in lieu of land for park and playground purposes must be made by the Town Board. The park and playground fee must be paid prior to endorsement by the Chairman. (4) Final maps must be revised to show conditions number four and number five of the Suffolk County Planning Commission report. Mr. Edwards: 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. Mr. Orlowski: Hen~f Appel - Board to set Monday, December 18, 1989 at 7:35 p.m. for a public hearing on the final maps. This major subdivision is on 15.3573 acres located at Mattituck. SCTM ~1000-114-12-13. PLANNING BOARD 30 NOVEMBER 20, 1989 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. Orlowski, Mr. Latham Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Ortowski: August Acres - Board to set Monday, December 18, 1989 at 7:40 p.m. for a public hearing on the final map. This major subdivision is on 43.062 acres located at Arshamomaque. SCTM ~1000-53-4-44.2. 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. Latham, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Scott Kaufman - Board to set Momday, December 18, 1989 at 7:45 p.m. for a public hearing on the final maps dated July 31, 1989. This minor subdivision is on 6.889 acres located at Cutchogue. SCTM $1000-97-3-20. Mr. Ward: Request Covenants and Restrictions stating: There shall be no further subdivision in perpetuity. The one hundred [100) foot scenic easement is to be left undisturbed, with the exception of the driveway access for each lot, which is not to exceed fifty (50) feet in width. Mr. Edwards: Second. 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. PLANNING BOARD 31 NOVEMBER 20, 1989 Mr. Orlowski: Charles Simmons - Board to review the Engineer's report dated December 7, 1988. Board to set Monday, December 18, i989 at 7:50 p.m. for a public hearing on the final maps. This major subdivision is on 57.7 acres located at Cutchogue. SCTM ~1000-112-1-18. Mr. Ward: I would like to make a motion that we adopt the Engineer's Report. 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, F~r. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to set Monday, December 18, 19'89 at 7:50 p.m. for a public hearing on the final maps. This major subdivision is on 57.7 acres located at Cutchogue. Mr. Ward: Please note that the following: The mylars are in poor condition and are not acceptable. The firewell must 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. Ward, Mr. Edwards, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Preliminary: Mr. Orlowski: North Grove Estate - Board to review granting an extension of preliminary approval, from December 5, 1989 to June 5, 1990. This major subdivision is on 46.5712 acres located at Cutchogue. SCTM ~1000-95-4-4.1. Mr. Orlowski: This is the second extension and will be the final extension. Mr. McDonald: So moved that this be the final extension. PLANNING BOARD 32 NOVEMBER 20, 1989 Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Orlowski. Mr.Orlowski: Opposed? So ordered. SKETCH/SEQRA DETERMINATIONS: Mr. Orlowski: John Beebe - Board to review granting an extension of sketch approval from November l, i989 to May 1, 1990. This minor subdivision is on 97,035.00 sq. ft. located at Cutchogue. SCTM ~1000-103-3-5. Mr. Orlowki: Note that this is the second extension and will be the final extension. What is the pleasure of the board? Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded to grant this final extension. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Ortowski: Albert Stickne¥ - Board to make a determination under the State Environmental Quality Review Act. This lot line change is on 3.82 acres located at Fishers Island. SCTM ~t000-9-6-5.3,6.1. Mr. Orlowski: Everything is in order for a negative declaration. Mr. Edwards: I move for a negative declaration, the reasons being that an Environmental Assessment has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the 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 PLANNING BOARD 33 NOVEMBER 20, 1989 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. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Any questions on that Opposed? So ordered. Robert and Phyllis Graph - Board to make a Mr. Orlowski: determination under the State Environmental Quality Review Act. This minor subdivision is on 10.250 acres located at Cutchogue SCTM $1000-84-1-10. ' Mr. Orlowski: Everything is in order for a Negative Declaration. Mr. McDonald: I move for a Negative Declaration. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Martha HusinG - Board to make a determination under the State Environmental Quality Review Act. Board to make a determination on the sketch map dated January 19, 1989. Board to set Monday, December 18, 1989 at 7:30 p.m. for the final hearing. This lot line change is on fifty-four acres located at Mattituck. Mr. Orlowski: Everything is in order for an uncoordinated review in this case. I'll make a motion for an uncoordinated review. ' ..... Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. motion? All those in favor? Any questions on the PLANNING BOARD 34 NOVEMBER 20, 1989 Ayes: Mr. Ward, Mr. Laths]u, Mr. McDonald Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to make a determination on the sketch map dated January 10, 1989. Mrl Latham: I move we approve the sketch map. 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. 0 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to set Monday, December 18, 1989 at 7:30 p.m. for the final hearing. 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. Orlowski, Mr. Ward, Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Hickey: I would like to bring to the board's attention that my contract for this property has to be executed by the first of 1990. I don't know if that will be possible or if that is dead fish at this point. Mr. Orlowski: It's possible. If everything is in order by the final hearing, it could be approved that night. Mr. Hickey: Thank you. Mr. Orlowski: WiltiamMolchan - Board to make a determination under the State Environmental Quality Review Act. This minor subdivision is on 5.144 acres located at Cutchogue. SCTM $1000-i06-1-3. Mr. Ward: So moved for an Uncoordinated Review. PLANNING BOARD 35 NOVEMBER 20, 1989 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. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Margaret J. Gada - Board to review the maps dated September 18, 1989. This minor subdivision is on 4.25 acres located at Fishers Island. SC~ ~1000-10-7-2.1. In regards to sketch approval, what is the pleasure of the board? Mr. Edwards: I think the board has had a chance to review it a~nd I think it is in order for approval. Mr. Ward: Second. Mr. Orlowski: ~otion made and seconded. motion? Ail those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mro Orlowski, Mr. McDonald. ~r. Orlowski: Mr. Orlowski: Mr. Edwards: determine lead agency. Mr. Latham: Second. Any questions on the Opposed? So ordered. Start Lead Agency Coordination? Make a motion to start the coordination process to 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. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Jennie Harris - Board to review the maps dated October 25, 1988~----~s minor subdivision is on 49,453 sq. ft. located at Cutchoque. SCTM $1000-96-1-18. Mr. McDonald: I make a motion to deny the application to subdivide a 49,452 square foot lot, located in the Light Industrial District, into two lots of 24,502 square feet in area PLANNING BOARD 36 NOVEMBER 20, 1989 and 24,951 square feet in area. Although approval was granted by the Zoning Board of Appeals on June 29,1989, for insufficient lot area and width of the two proposed parcelst the Planning Board feels strongly that this application should be denied for the following reasons: As the minimum lot size for the Light Industrial District is 40,000 square feet in area, the subdivision of land in this manner creates two non=conforming industrially zoned lots where one conforming lot exists. The subdivision of land in this manner perpetuates for the short term the non-conforming residential land use; while the Master Plan and the zoning map advocate an industrial use for the future. The existing lot has the potential to be developed in accordance with the Code, while the variance creates two non-conforminq substandard lots which are likely to require that further variances be obtained from the Zoning Board of Appeals in order to be developed under the LI zone. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Any questions on the Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. 0rlowski: Barbara Sowinski - Board to start the coordination process to determine lead agency and environmental significance. Board. to make a determination on the maps dated February 24, 1987. This minor subdivision is on 4.3075 acres located at Cutchogue. SCTM $1000-i03-1-20.02. Mr. McDonald: I make a motion to start the coordination process to determine lead agency and environmental significance. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: In regards to sketch? PLANNING BOARD 37 NOVEMBER 20, 1989 Mr. McDonald. I make a motion for Sketch approval subject to: Revising the building envelope for Lot number 2 so that it is located an additional forty (40) feet to the north from the building envelope shown on the map dated February 24, i989. This is in accordance with the recommendation from the Town Trusnees in which they state that such a revision will eliminate the need for a Wetlands Permit. 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. REPORTS AND BONDS: Mr. Orlowski: Eleanor Sievernich - Board to review the Suffolk County Planning Co~,ission report dated November 3, 1989. This minor subdivision is on 3.7648 acres located at Mattituck. SCTM $1000-113-8-5 Mr. Ward: following ion ) read, No date ~tem shall be added as follows: be no ~ision in perpetuity. Number ) the report should ~emain the same. Number ~3) of the rePOrt should'be o~itted. The Planning Board has found no evidence that this site would contai~ material of value, and feels that survey would cause UndUe hardship to Numbers'f4, 5, and 6 of the report should remain the same. The ~hove items shall be filed as covenants and restrictions in the office of the County Clerk. These covenants and restrictiOns can me 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. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Liber and page number of the filed Declaration must be included. Mr. McDonald: Second. PLANNING BOARD 38 NOVEMBER 20, 1989 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Wolf Pit Associates - Board to review the bond estimate. Board to close the public hearing which was kept open from the October 16, 1989 hearing date. This major subdivision is on 65.3810 acres located at Mattituck. SCTM ~1000-107-4-2.1. Mr. McDonald: I make a motion we accept the bond estimate. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded to accept the bond estimate of $169,198.26 to the Town Board. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: I move to recommend to the Town Board that this estimate be accepted. Mr. Edwards: Second. Mr. Ortowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I'll entertain a motion to adopt the draft covenants and restrictions for the Wolf Pit subdivision. 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. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald. PLANNING BOARD 39 NOVEMBER 20, 1989 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Orient Park Estates - Board to review the Suffolk County Plarn~ing Commission report dated November 3~ 1989. This minor subdivision is on 16.66 acres located at Orient. SCTM 1000-19-1-15. Mr. Edwards: I would like to make a motion to adopt the following from November 3, 1989, Suffolk County Planning Commission report. 1. The Board is overriding Number 1 of the report The Board has required that a road to the alternate specifications be built to provide frontage to the proposed lots. The Board has waived the fifty (50) foot right-of-way requirement, and has requested a twenty-five (25) foot right-of-way in its place. 2, 3, and 4 are to remain as written. 5. is to be omitted 6, 7, and 8 are to remain as written. 9, is to be omitted. 10, is to remain as is written. 11, is to be revised so as to delete the Town Board from the following sentence, "...a majority plus one of the Town Board or Planning Board..." This sentence should read "o..a majority plus one of the Planning Board..." 12, is to remain as written. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Laths/n, Mr. Orlowski Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Cornfields - Board to review the Suffolk County Planning Commission report dated November 3, 1989. This minor subdivision is on 20.9955 acres located at Southold. SCTM ~1000-55-2-9.1. PLANNING BOARD 40 NOVEMBER 20, 1989 Mr. Ortowski: I would like to make a motion to adopt the Suffolk County Planning Board report of November 3, 1989. Note that number i of the report requests that the maps be revised so as to shift the lots 150+ feet to the north. This is requested to unify the open space, and to provide the greatest distance possible between the high tension line and the residences. CThe Planning Board requested the 150 foot buffer of open space which is shown on the map). Note also that the intentions for the "out parcel" should be clearly marked on the map. Note that in ~7, the Town Board should be deleted from the sentence which reads "...majority plus one of the Town Board or Planning Board .... " This should read "majority plus on of the Planning Board .... " Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. Ward, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. DISCUSSIONS/OTHERS: A Local Law in Relation to Zoning - Board to review this proposed local law in regard to apartments over business and professional offices. Mr. McDonald: Mr. Chairman the Planning Board has reviewed this proposed local law. It sponsored this change in the law and consequently endorses its proposal. Mr. Ward: Second. Mr. Orlowski: We recommend this to the Town Board for its adoption. Any question on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Also, in regard to SEQRA Fees - Board to review the Town Board's resolution of November 14, 1989. This resolution directs the Planning Board not to process any new applications where consultant fees are due under the SEQRA process until they formally adopt the resolution directly and that the fee be paid by the applicant prior to the consultant commencing his work. PLAArNING BOARD 41 NOVEMBER 20, 1989 Mr. Ward: That means, Mr. Chairman, that the applicant is not paying in advance that he is just being notified in advance that he has to pay. Mr. Orlowski: Right, and we have to do it by resolution. We can adopt this as policy ourselves and also tonight we can adopt a resolution directing that the Hamlet of CutchoQ~e be required to pay their fees in the final impact statement. Do you want to do that tonight. Mr. Ward: I think we have to know what the fee is first. If we are going to adopt this and make it our policy which the Town Board is directing us to do, the next step would be as if and when we have an FEIS to do we should know what the fee is and that would be in our resolution to the applicant. Mr. Orlowski: O.K., you are right. Well for tonight we will just adopt this as our policy. Mr. Ward: So moved. Mr. Latham: 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. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: C.P.K. - Board to review the request for the change of Zone ~R-80" Residential Low DenSity (two acre) District to "B" General Business District on Certain property located on the easterly side of Depot Lane, Cutchogue, New York. What is the pleasure of the board? Mr. Ward: Mr. Chairman, I would like to provide a motion that the Planning Board has reviewed this request and has .determined the petition should be denied for the following reasons: (1) Changing the zone of this parcel would be spot zoning, which is illegal. The petitioner has had a non-conforming use on a non-conforming lot. Changing the zOne would not be in accordance with the Master Plan which was adOpted earlier this year. Further, the proposed change could be construed as a benefit to the petitioner at the expense of the surrounding p operty owners. (2) During the drafting of the zoning map under the new Master Plan, the Board considered changing the zone of this property. However, the proximity of the church and the residential and agricultural nature of the surrounding land uses led the Board to keep the zone "R-80u. The Board's position has not changed from that time. PLANNING BOARD 42 NOVEMBER 20, 1989 Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Van Duzer Appliance Co. Board to review the request for the change of zone from "A-C" Agricultural Conservation District to "B" General Business District on certain property located on the northerly side of County Route 48, east of Youngs Avenue, Southold, New York. What is the pleasure of the board? Mr. Ward: I offer the resolution that the Planning Board has reviewed this request and has determined that the petition should be granted for reasons of protecting the public health and safety. You might add that we had another alternative which we reviewed but in looking at the applicants needs we feel that the zone change as requested is appropriate. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I have nothing left on my agenda. Any questions from the board? Board: No questions. Mr. Orlowski: Being no further business, the meeting adjourned at 9:45 p.m. Respectfully submitted, Jane Rousseau, Temporary Secretary PLANNING B4DARD 43 ~ OrlSwski, ~r., Champlain~ NOVEMBER 20, 1989 EIVfED~.. AND ~ ~ ~g SOUTHOLD TOV~ C~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM: TO: FROM: RE: PLANNING BOARD OFFICE TOWN OFSOUTHOLD Minute List Planning Board Amended 11/20/89 minutes RECEIVED APR 7 '1990 .%u~ot~ 'r ..... ~,~,~ Date: April 27, 1990 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Enclosed please find the resolution of the March 26, 1990 Planning Board meeting amending the November 20, 1989 minutes in reference to William Moore speaking on the fire well for High Point III subdivision. Encl. APPROVAL OF PLANNING BOARD MINUTES: Board to approve the February 13, 1990 and March 5, 1990 minutes. Mr. Edwards: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Any questions on the Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board.to amend the approval of the November 20, 1989 minutes. Pages 15 and 16 are to include a notation that "there was a discussion with Mr. Bill Moore about the firewell in reference to High Point III. This statement was left out as the tape was inaudible at that point'. Mr. Edwards: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Ward. Mr. Orlowski: OppOsed? SO ordered. Mr. Orlowski: Highpoint Section III - Board to review the Engineer's report and the bond estimate dated October 12, 1989. Board to review the Suffolk County Planning Commission report dated November 3, 19B9. Public hearing on the final maps. This minor subdivision is on 2.9189 acres located at East Marion. SCTM 91000-31-3-11.25. We have proof of publication in the Long Island Traveler Watchman and-the Suffolk Times. Everything is in order for a final .hearing. (The board and Attorney William Moore discussed the. firewells which was nou. audible due to a malfunction in the tape recorder). Mr. Ward: I would like to make a motion to override the November 3, 1989, Suffolk County Planning Commission report. The Planning Board has requested that a road be built to the alternate road specifications, thus the subdivision will not result in the creation of landlocked parcels. The land in question was previously in a R-80 district. The applicant had pursued a Change of Zone application with the Town Board for a business zone, and had submitted a site plan application to the Planning Board. The zoning map, which was adopted in February of 1989, changed the zone on the subject premises to a R-40 district. Thus, the subdivision of land in the proposed manner is not the result of a self-imposed hardship. Also, I would like to make a motion to adopt the October 12, 1989, engineer's report. I would also like to make a motion to adopt the bond estimate in the amount of $55,350.00 and to recommend same to the Town Board. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Any questions on the Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Hearing closed.