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HomeMy WebLinkAboutPB-12/18/1989Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOTI' L. HARRIS Snpe~dsor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD MINUTES DECEMBER 18, 1989 Present were: Bennett Orlowski, Jr., Chaizman Member G. Richie Latham Member Richard Ward Member Kenneth Edwards Member Mark McDonald Town Planner Valerie Scopaz Planner Melissa Spiro Jane Rousseau, Temporary Secretary Mr. Orlowski: 7:30 p.m. - Martha Husinq - Public hearing on the final maps dated June 9, 1989. This lot line change is on 54 acres located at Mattituck. SCTM $1000-122-7-8.2 126-1-15.2 , Mr. Orlowski: We have proof of publication in the Long Island Traveler Watchman and the Suffolk Times. Everything is in order for a hearing. I'll ask if there are any objections to this lot line change? Hearing none, are there any endorsements of this lot line change? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this change that may be of interest to the board? Hearing none any questions from the board? ' Board: No questions. Mr. Orlowski: Hearing none, I'll declare this hearing closed. Mr. Latham: I vote we s~gn the map. Mr. Ward: Second. Mr. McDonald: I would like to offer this resolution. WHEREAS , Martha'Husing, is the owner of the property known as Martha Husing located on Peconic Bay Blvd. at Mattituck; and PLANNING BOARD 2 DECEMBER 18, 1989 WHEREAS, a formal application for the approval of this lot line change was submitted on June 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 Agency and issued a Negative Declaration on November 20, 1989; and WHEREAS, a final p~hlic hearing was held on said lot line change application at the Town Hall, Southold N.Y. on December 18, 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 October 26, 1989. Please note that: Mr. Thomas Hickey, agent, will file the following deeds before the end of the year: 1. The new deed for the south westerly part of the Suffolk County Tax Map (SCTM) 91000-122-7-8.3 shall be deeded out to the current owner of SCTM $1000-126-1-15.2 with the following covenants and restrictions: The south westerly part of SCTM $1000-22-7-8.3 shall not be improved by a single family residence, and further shall be considered merged with SCTM 91000-126-2-i5.2. A draft deed with this restriction on the south westerly lot must be submitted for the Planning Board's review before filing. Mr. Ward: SecOnd. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Latham Mr. Edwards. Mr. Orlowski: Opposed? So ordered. (Chairman signed maps). Mr. Orlowski: 7:35 p.m. - Henry Appel - Public hearing on the final maps dated ~arch 24, 1988. This major subdivision is on 15.3573 acres located at Mattituck. SCTM $1000-114-12-14. Mr. Orlowski: We have proof of publication in the Suffolk Times and the Long Island Traveler Watchman. Everything is in order for a public hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? PLANNING BOARD 3 DECEMBER 18, 1989 Robert F. Kozakiewicz with the law firm of Peter Danowski Jr. Here on behalf of the applicant with our endorsement. ~ir. Orlowski: Are there any other endorsements of this subdivision. Hearing none 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, are there any questions from the board? Board: No questions. Mr. Orlowski: At this time we will have to leave the hearing open because as requested previously the Planning Board awaits the Health Department approval, an updated bond estimate and the draft document for the homeowners association so we will leave this hearing open. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: ~otion 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: 7:40 p.m. - August Acres - Public Hearing on the final maps. This major subdivision is on 43.062 acres located at Arshamomaque. SCTM $1000-53-4-44.2. We have proof of publication in the Long Island Traveler Watchman and the Suffolk Times. At this time everything is in order. Mr. Orlowski: I'll ask if there are any objections to this subdivision? Paul Clancey: I live at 644 Bayshore Road in Greenport. I am the president of the Peconic Bay Estates Property OWner,s Association and I have never done this before so bear with me. We are concerned ~bout the wetlands with this subdivision and just to go through some history, back in September of 1975 the Suffolk ~oun~yDepartment of Planning approved the project subject uo five conditionsl One which was that the storm drainage system shall be redesigned to prevent direct discharge of storm water into any pond or any other body of water. Now the Town dismissed this, the contention that all ponds on the property were man made. I don't see where the county addressed ponds, they went well beyond ponds. March of 1988 the town did a site inspection following a two inch rainfall on, March 26th of 1988 and part of that report said recharge basins at Kerwin Blvd. and Bayshore Road were discharging across the road into PLANNING BOARD 4 DECEMBER 18, 1990 Mr. Orlowski: 7:35 p.m. Henry ADpei - Public hearing on the final maps dated March 24, 1988. This major subdivision is on 15.3573 acres located at Mattituck. SCTM ~1000-114-12-14. Mr. Orlowski: and the Long Island Traveler Watchman. Everything is ir for a public hearing. I'll ask if there are any ob~eet~ this subdivision? Hearing none, are there any endorseme this subdivision? We have proof of publication in the Suff¢~tk Times . order ons to nts of Robert F. Kozakiewicz with the law firm of Peter Danowsk Jr. Here on behalf of the applicant with our endorsemen Mr. Orlowski: Are there any other endorsements of this subdivision. Hearing none is there anyone out there n~ pro nor con but may have information pertaining to this subdivision that may be of interest to the board? Hearin are there any questions from the board? Board: No questions. Mr. Orlowski: At this time we will have to leave the he open because as requested previously the Planning Board the Health Department approval, an updated bond estimate draft document for the homeowners association so we will this hearing open. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards Mr. McDonald. i ither none, ~ring ~waits and the leave the Mr. 0rlowski: Opposed? So ordered. Mr. Orlowski: 7:40 p.m. - August Acres - Public Hearing on the final maps. This major subdiVision is On 43.062 acr~s l~cate~ at ArShamomaque. SCTM ~1000-53-4-44.2. We have proof os publication in the Long Island Traveler Watchman and the Suffolk Times. At this time everything is in order. Mr. Orlowski: I'll ask if there are any objections to this subdivision? Paul Clancey: I live at 644 Bayshore Road in Greenport. I am the president of the Peconic Bay Estates Property Owner's Association and I have never done this before so bear with me. We are concerned about the wetlands with this subdivision and PLANNING BOARD 5 DECEMBER 18, 1990 just to go through some history, back in September of 1975 the Suffolk County Department of Planning approved the project subject to five conditions. One which was that the storm drainage system shall be redesigned to prevent direct discharge of storm water into any pond or any other body of water. Now the Town dismissed this, the contention that all ponds on the property were man made. I don't see where the county addressed ponds, they went well beyond ponds. March of 1988 the town did a site inspection following a two inch rainfall on March 26th of 1988 and part of that report said recharge basins at Kerwin Blvd. and Bayshore Road were discharging across the road into wetlands. In August of 1988 the Town Planning Board gave a positive declaration of Environmental Impact based upon the State Environmental Quality Review Act which again, among other things highlighted direct drainage into tidal wetlands. In June of 1989 the town rescinded the positive declaration because the project received preliminary approval prior to the time the State Law was into effect. I would just again like to say we have a concern that there is direct drainage into wetlands and we just don't think that that should be allowed to proceed. We have no objectionsto the development of the property but something has to be done with the wetlands. Mr. Orlowski: Any other objections to this subdivision? Hearing none, any endorsements of this subdivision? Henry Raynor: I am representing August Acres. I believe all the final maps have be~n amended pursuant to the beard'.s request and all consents that the planning board has requested has been submitted. We also believe this file is in complete compliance with section A106 in the subdivision regulations. A question was raised With regard to wetlands and certainly was something that was addressed by the Southold Town Board of Trustees. In going back, this is probably the subdivision that has run as long as Gone with the Wind. It has gone around. If we were to go back int° the files a little further, we would find that the storm water drainage discussed that was constructed was bOth done at the request of the Town of Southold. This was done to take care and al~leviate some of the problems that are on and have previously existed on Kerwin Blvd.. I would request that the board find this file in order and request approval on behalf of the applicant. 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 may be of interest to the board? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: No further questions, I'll make a motion to close the hearing. PLANNING BOARD 6 DECEMBER 18, 1990 Mr. McDonald: I make a motion to close this hearing. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. McDonald, Fir. Ward Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:45 p.m. Scott Kaufman - 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. 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 final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of the subdivision? Mr. Henry Ra!rnor: Mr. Chairman again on behalf of the applicant. These final maps have been amended pursuant to the Planning Board's request specifically in regard to the scenic easements as well as the widths of the driveways entering the lots. The declaration of covenants and restrictions by the Suffolk County Department of Health Services has been approved and ~il~d.w~h the County Clerk. The Declaration of Covenants and ~esurlctlons requested by this board was submitted On the 12th of this month for your board to review and I believe the application will comply with the subdivision regulations you have requested. Thank you. Mr. Orlowski: Any other endorsements of this subdivision? Hearing none, is there 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 questions from the board? Board: No questions. Mr. Orlowski: Hearing no further questions, I'll entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? PLANNING BOARD 7 DECEMBER 18, 1990 Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski Mr. McDonald, Mr. Ward. ' Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:50 p.m. Charles Simmons - Public hearing on the final maps. This'major subdivision ~s on 57.7 acres located at Cutchogue. SCTM ~1000-i12-1-18. We have proof of publication in both local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements to this subdivision? Mr. Raynor: I am representing Mr. Simmons. Again, your final maps before you have been amended with regard to several letters of correspondence throughout the year. We have included the road profiles as well as leaching basins that were requested by Sidney Bownes. The new mylars should have been received in your office from the office of Roderick Van Tuyl which was requested. I think everything is in order and I would request approval of this subdivision. Thank you. Mr. Orlowski: Just a question while you are there. The covenants and restrictions we would like to see no further subdivision in perpetuity on lots one and two. Mr. Raynor: Would you send us some correspondence in regard to that request? Mr. Orlowski: Yes, we will do that. Mr. Orlowski: Any other endorsements of this subdivision? Hearing none, is there anyone out there neithez pro nor con but may have some information pertaining to this subdivision that may be of interest to the board? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: No further questions, I'll entertain a motion to close the hearing. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions of the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr, Orlowski Mr. MCDonald. ' PLANNING BOARD $ DECEMBER 18, 1990 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: DBM Affordable Housinq: This public hearing has been kept open from November 20, I989. This major subdivision is on 37.762 acres located at Southold. SCTM 91000-55-6-15.1. Mr. Orlowski: We are still missing the water contracts, the Suffolk County Planning Commission comments and also the board has some other comments on this matter. Mr. Edwards: I would like to entertain a motion to request the following: A conservation easement will be ptaced~on the rear portion of Lots 50 through 55 (Section Three) and 13 through 16 (Section Two) in order to remove the necessity for regrading and placement of structures in close proximity to the adjoining wetland area. Lots 41 through 44 (Section TP~ee) which are adjacent to the drainage area, shall be set aside for park and playground purposes. Lots 5, 6 and 7 (Section Two) shall be redrawn so as to create three standard lots. At present, Lot 6 is a flag lot surrounded by five backyards. Mr. Latham: Second. Mr. Moore: I have to tell you I find this motion in this application incredible. We are down to final plat approval subject to Planning Commission, a water contract, which just for your information our client has signed it and made a offer of the money and Mr. ~ubbard is in the hospital and we are waiting for the Village to approve and sign the contract on their end. To make these kinds of changes in the plat at this point on affordable housing subdivision boggles my imagination and to have it dropped on us tonight like this with no prior discussion from you is incredible. Mr. Orlowski: Well, it could be incredible but that is what public hearings are for and this was part of the comments that were made. The planning Board has always felt strongly about open space in this affordable housing subdivision. Mr. Moore: Well, this is the first that this has been made known to this applicant. No one has asked for open space and ne one has asked that the lots be redrawn at this point. Mr. Orlowski: Then why did you go before the housing committee to tell them to tell the Planning Board not to ask for open space, park and playground. Mr. Moore: I am not familiar with that request, I did not go before that board. PLANNING BOARD 9 DECEMBER 18, 1990 Mr. Orlowski: Well, O.K.. I have a request to keep the hearing open asking for that information. 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. Latham, Mr. Ward, Mr. McDonald Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Too Bee Realty - Public hearing kept open from November 20, i989. This minor subdivision is on 7.956 acres located at Southold. SCTM ~1000-50-6-5. I would like to make a motion to keep this hearing open. We have requested revised maps showing wetlands and also have a letter from the Trustees saying they inspected it and there was evidence of wetlands there so I would like to ask the applicant to give those to us. Mr. Edwards: I move we keep the hearing open. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Any questions on the Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Kapell: For the applicant. would like to be heard tonight. attorney for Too Bee Reality. We have a couple of people that First there is Eric Bressler, Mr. Bressler: We are here tonight and we came here with the hope that the hearing would be closed and the relief side of this application would be granted. This board is faced with a rather unusual situation, not withstanding Mr. Moore's comments a few moments ago, I think the sitUation before the board is even more unusual than the one he just described. If the board will recall that this application involves a relatively simple four acre subdivision for which the board issued a Negative Declaration in May of 1988. The application preceded from May of 1988 relatively smoothly for an application of this type and the board had before it a map suitable we believe, for final endorsement by the Planning Board. Then, something happened which led the board to the conclusion that it reached just PLANNING BOARD 10 DECEMBER 18, 1990 m~ments ago. Someone without the knowledge and consent of my c±ient entered upon their property and dug a trench leading ~rom the pond on the adjoining property such that water drained on the subject premises. I am sure that the board is familiar with the facts giving rise to this situation, it's been in the newspapers and we all know what happened. Someone came on and dug up the property and caused water to drain. The board has before it, I believe, the letter from Dave Kapell with enclosures from the New York State Department of Environmental Conservation and my Client's answer. The DEC is extremely concerned about this illegal activity that has taken place on my Clie~t'~ property and with respect there too and h~s requested permission to come in to rebuild and repair the damage which was caused to this property and which in turn caused the draining on to the subject property. We have granted that permission and have asked the DEC indeed take more active measures to repairing the property and bringing the pond back to its normal situation. Now, what does all this mean? It means that the waver was let loose by some people who entered upon their property illegally has led to this situation which the board is now visiting on my clients. In May of 1988, there were no adverse environmental impacts to be gained and someoae enters ~nto the property, digs up the dike, causes water to flood down here and no~ all of a sudden the Trustees revisit the property and said that the fragmites have grown up or some other indicator species and now we have wetlands. This does not make any sen~,to_me gentlemen. This is crazy. My clients are not responslD±e Ior this, as little as a year ago. wetlahds didn't exist there. When the DEC adverbially co~es in and repairs this dike, there are going to be no more deposits of water on the property. This is not a wetlands situation and there is no reason to visit a penalty on my clients, they have been waiting quite patiently for a subdivision. This smacks a boot strapping. NOw there are actions pending in theSupreme Court for trespass and other damages against those alleged who have created.%his situation hut I would suggest to theboard that to reward this type of behavior and to allow bootstrapping into the situation where a subdivision where you people have approved can be held up and turned into a wetlands problem and an environmental problem because of the activities of other people is the boot strap people in the very situationwhere they wanted to be and I don't think that this board should put up with that kind of activity. It is wrong, it was illegal and I don~t think this board should be a party to it. I think the DEC has made their position very clear. I would urge the board to withdraw the prior motion and to grant approval for this application as requested. Thank you. Fir. Kapell: Milton Bagley was also one of the principals of Too Bee and would like to say something. Mr. Bagley: Good evening, thank you for hearing what I have to say. I have owned a home in the Town of Southold for eight years, done everything right and nothing wrong. I was driving PLANNING BOARD 1I DECEMBER 18, 1990 with my wife three and one half years ago on Lighthouse Lane and she saw a sign saying property for sale and I called up the man, met him out there an~ bought the property. It was eight acres, at the time the zoning was I believe as it is now, two acres to the building plot. There were eight flat continuous acres, the man had Health Department approval which he did and there was not a problem in sight. That was three years ago this Friday. For almost three years we have been trying to split the eight acres into four plats. There was never a reason to.my knowledge, I am not an attorney or a professional land person, there was never a reason not to get the four plats. ~tr. Bitses, who I have never met and if he were in the room now I wouldn't recognize him and I have never spoken with him. I understand that at the last meeting, which I did not attend, creater furor here over the fact that water had egressed from the pond onto the Too Bee property. I received a telephone call ~ believe in August from another gentlemen I haven't met who is in the employ of the Town or the State, a Bay Constable named Kent McCarthy who said that he had found and captured a perpetrator in themiddle of the night breaking the dam and that they had sworn testimony that this m~n was directed and hired by a man named Bitses. I am neither jUdge nor jury on the sit~at~o~.but~ understand the criminal proceedings are underway agalns= the allege~ perpetrator and that the Bay Constables have assured me that they had the sworn testimony. Now I am reminded of an Old and ridiculOUs joke about the person who kills his parents and he throws himself on the mercy of the court because he is an orphan. It seem incredible to me that.~omebody should be allegedly invotvedlin digging a trench on somebody else's property to serve his own purpose, and you are ailf~miliar with the issue, and then the water that escapes as a result of that crimiRal act Should not be used as a reason to deny why everyone, I believe including yourselves gentlemen, agreed was ~ppropriate and reasonable. I remember standing infront of ~his ~°ard, it must have been a year ago, when you said everything is in orderand would you agree to haVing a cul-de-sac instead of curb cuts and we said yes and you said O.K. draw up the map and submit it and there should be no problem. That was a~year ago. Now, this dam is broken and the Control is up in arms about the fact that the pond has dropped two feet as we are. At some point enough really has to be enough and justice has to be dOne and I think to deny us what seems to be the unanimous opinion of the board and every party to it was a reason~ble request because water came through a break that was not caused by us and is being repaired seems just out of the can of reason. Thank you. Mr. Kapell: If I may Gentlemen, I have two photographs that I would like to introduce for the public record and I would like to ask Mr. Bagley whether they are fair and accurate representations of the trench that was dug through the dike. PLANNING BOARD 12 DECEMBER 18, 1990 Mr. Bagley: I cannot and I will tell you why because I have never in my life seen the dam. I was here a year ago and I believe Mr. Bitses either accused me of raising the level of the water or lowering the level of the water and I told him at that time I have never set foot on the property so I can't attest to it. Mr. Kapell: In that case gentlemen I will address the question to Sanford Hanauer who has personal knowledge of the property. Mro Hanauer: I personally walked the property and I took these pictures. They were taken last week and I will leave them for the board to look at. Mr. Kapell: I am marking the photographs with exhibit A and B and todays date. Mr, Orlowski: Mr. McDonald, you were out there, do you have any information you can supply the board? Mr. McDonald: I would like to point out that the Trustees on examination indicated that they felt in general that the wetlands that were present on the property could not have been established in a matter of months or a year and that area had been wet for some considerable period of time and that is why the action that they made was taken. Mr. Kapell: In light of that I must say that I am somewhat puzzled by the Negative Declaration that took place only slightly more than a year ago. If the property was indeed reviewed by everyone involved then I feel that the board adhere to that decision. Mr. Ward: Is this to such an area that if it is excluded it's ~oing to eliminate a lot? Mr. Kapelt: We don't believe so. Mr. Ward: It has got to be fairly insignificant, isn't it? Why don't we do what has to be done and get rid of it. It seems to me that it is a small enough area that if you flagged it, show your setback and get on with the work that has got to be done. What are we dealing with? Mr. Hanauer: That Berm is about four and a half to five feet high and when it was dug I presented photographs in June of 1988 before this board when someone had tampered with the pond then and in a year and a half things can grow. That pond has been trickling now all that time. Now it has really been breached. Mr. McDonald: It has been trickling out for a long time? PLANNING BOARD 13 DECEMBER 18, 1990 Mr. Hanauer: I presented to the board a year and a half ago when the dike was first cut, I left photographs with the board here and it was published in the newspaper too about the vanishing pond and prior to that we received a Negative Declaration. In a year and a half, and I am not a biologist but things can grow. It's been wet for a year and a half but now it is flooded. Mr. Orlowski: When will the DEC fill this in? They have a letter here but it doesn't say when it is going to be done. Mr. Hanauer: I've been trying to reach them. Mr. Orlowski: The trustees have put us on a spot by saying there is fresh water wetlands there. Mr. Hanauer: I personally feel that anyone who goes out there can definitely see that that area was dry for years and years. Mr. Bressler: In that case if flagging and setbacks are the only issue then I would urge the board to adopt a motion to approve this subdivision s,~hject to showing the setbacks. I really can't see any Objection to that application because if indeed it is insignificant and if indeed we can flag it and show you the setbacks please let us continue with this. Mr. Ward: You are going to have to flag it and show it on the map and then we can do something with it. Mr. Bressler: We will keep the public hearing open and be back here again. Is that the last issue? Mr. Orlowski: It is in writing to us and we are on the spot, I don't know what we can do. Mr. McDonald: As long as it is an open hearing and people make comments we will have to respond. Mr. Bressler: Is this the final issue from the board? Is there anything else that is bothering anyone on the board? Tell us now. Mr. McDonald: I don't think the board has had a problem with this if there hadn't been co~m~ents at the last meeting Which is public comments. Mr. Bressler: Nothing else as far as you are concerned? Mr. Hanauer: Could I ask a question sir? Is it not meaningful that the man who is really the antagonist in this situation is also involved with the authorities as the director of having paid the perpetrator. PLANNING BOARD 14 DECEMBER 18, 1990 Mr. Orlowski: I feel real bad about it and bad for you and think that was wrong but it seems to have created fresh water wetlands and the Trustees have that in writing to this board. If you can delete it and take it out and flag it this board has no problem approving it. Mr. Hanauer: Is the next meeting a month from now and if we get the map to you can we have a done deal next month. Mr. Orlowski: There was the standard C & R with no f~rther subdivision and also lot one and two must have access from the right-of-way not from Light House Road. Mr. Kapell: Mr. Orlowski: Ms. Scopaz: No further subdivision without board approval. No further subdivision in perpetuity. If I could address Mr. Bagley's question about the merits of the case. Just so you are aware of it, that lawsuit was handled by the Town Attorney on behalf of the Trustees. The Planning Board was never involved in the issues of that lawsuit. They were unable to proceed with the application so in answer to your question, you were saying well isn't the fact that the (inaudible) was involved. Those questions were never before the board. Just so you are aware of that in other words the issue to the lawsuit were never before the board and they weren't part of the application. Just to answer the question. Mr. Bressler: Excuse me, that is not quite so. It is my understanding that the very issues that were before the Trustees were those that were raised at the last meeting here. That is, the wetlands and destruction on my client's property so I think there is an unavoidable link. Mr. Hanauer: If the law requires that you have to maintain a 68 degree temperature in this room or pay a fine and I smash the windows and the cold air comes in, would you say that the Town is responsible or I'm responsible. Ms. Scopaz: I'm not saying that, I'm just saying that the particulars of the lawsuit, the board was not party to, (inaudible). O.K. that is all I'm saying. Mr. Orlowski: Alan Cardinale - James Creek - board to review the bond estimate dated December 11, 1989. Public hearing kept open from November 20, 1989. This minor subdivision is on 15.9012 located at Mattituck. SCT~ ~I000-122-3-1.1. Mr. Edwards: I would like to adopt the engineer's report dated December 11, 1989. PLANNING BOARD 15 DECEMBER 18, 1990 Mr. Ward: 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. Orlowski: Also, to adopt the revised bond estimate in amount of $78,870.00 and to recommend to the Town Board to do the same. Mr. Edwards: So moved. Mr. Latham: Second. Mro 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. Ortowski: Opposed? So ordered. Mr. Orlowski: As of yet we have no comment back from Suffolk County Planning Commission so we will still have to keep this hearing open. Mr. Ward: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: M~. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Cardinale: My one request (inaudible). Mr. Orlowski: Did you make an application to the Trustees? Mr. Cardinale: We made one ~hout two and one- half months ago. Mr. Orlowski: What is that for? Mr. Cardinale: The Health Department requested that we have a letter of waiver from the DEC as well as the ToWn. Mr. Orlowski: Is that just for the setbacks? PLANNING BOARD 16 Mr. Cardinale: Yes. Mr. Orlowski: Is that the building the septic setbacks? Mr. Cardinale: I imagine that it's Mr. Orlowski: Yes, the septic shou] Health. The Trustees aren't giving Mr. Cardinale: Basically it was wet setbacks. They wanted 100 feet and 75 feet although there was no jurisd indicated they still wanted somethin though they said it might not be in Mr. Orlowski: Is there something el ~ECEMBER 18, 1990 envelope setback or is that both. [ be just the Board of 'ou that. .ands. They wanted wetland think the town was up to iction as far as the plans ~ from the town. Even the jurisdiction. se you wanted to build there? Maybe a dock or a jetty or sDmething? Mr. Cardinate: No, we're just tryin to comply with the Health Department. Mr. Orlowski: The Health Department told you to go to the Trustees? Mr. Cardinale: No, they just said ~ley wanted something from the Town of Southold showing all se~ )acks. Mr. Orlowski: Well, I can understa] that and the rest of it the easiest thing for us to keep the hearing open until we get this report. Mr. Cardinale: Do you know when you will expect it in? Mr. Orlowski: Well now it will probably be the first or second week in Janu.ary. - Mr. Cardinale: Thank you very much. oMnr't~erlm°oW~ol~? IAlh~V~hoasemO~O~avmoard~ and seconded. Any questions Ayes: Mr. Ward, Mr. Latham, Mr. Orl wski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: North Road Associates open from February 6, 1989. This min acres located at Orient. SCTM ~1000-18-4-1. - Public hearing kept or subdivision is on 16.886 PLANNING BOARD 17 DECEMBER 18, 1990 Mr. Orlowski: I'll entertain a motion to keep this hearing open we still need a report from Suffolk County Planning Commission. 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. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. ~r. Orlowski: Board to set Thursday, January 18, 1990 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board Meeting. Mr. Latham: So moved. Fir. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. McDonald, Mr. Edwards, Mr. Ward. Mr. Orlowski: Opposed? So ordered. SUBDIVISIONS: Final: Mr. Orlowski: Board to set Thursday, January 18, 1990 at 7:30 p.m. for a public hearing on the final maps dated February 16, 1989. This minor subdivision is on 97,035.sq. ft. located at Cutchogue. SCTM 91000-103-3-5. 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. Orlowski, Mr. Ward, Mr. McDonald. PLANNING BOA/{D 18 DECEMBER 18, 1990 Mr. Orlowski: Opposed? So ordered. ~r. Orlowski: Rita Brown - Board to set Thursday, January 18,1990 at 7:35 p.m. for a public hearing on the final maps dated April 17, 1989. This minor subdivision is on 12.506 acres located at Mattituck. SCTM 91000-94-3-1.3. 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. McDonald, Mr. Latham. ' Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I will also request to the applicant that there should be no further subdivision of any lot in perpetuity. Access to lot number one is to be from the proposed road, there is to be no access to this lot from Oregon Road. 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. McDonald, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Adams Associates- Board to review the bond estimate which was adopted on September 11~ 1989. Board to set Thursday, January 18, 1990 at 7:45 p.m. for a p~hlic hearing on the final maps dated October 12, 1989. This minor subdivision is on 7.6797 acres located at Mattituck. SCTM ~1000-113-12-10. Mr. Orlowski: I'll entertain a motion to reduce the bond estimate from $48,345.00 to $38,345.00, and to recommend same to the Town Board. The board has recommended the reduced bond, as a firewell was included in the original bond, but theMat~ituck Fire District has recoJmuended that a firewell is not necessary as the proposed firewell for the adjacent shopping plaza at Cox Neck Land and Route 48 will be sufficient for the Subdivision. PLANNING BOARD 19 DECEMBER 18, 1990 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. ' Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Also, there shall be no further subdivision of any of the lots in perpetuity. We'll put that in writing. We will set the final hearing for 7:45 p.m. Thursday, January 18, 1990. ' Mr. Edwards: So moved. Mr. Ward: 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. Orlowski: Mr. Henry Arbeen¥- Board to set Thursday, January 18, 1990 at 7:50 p.m. fOr a public hearing on the final maps dated July 28, 1989. This major subdivision is on 7.592 acres located at Southold. SCTM $1000-59-7-3i. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. McDonald Mr. Edwards. ' Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: HighDoint Section III - Board to make a determination onthe final maps. This minor subdivision is on 2.9189 acres located at East Marion. SCTM ~1000-31-3-11.25. PLANNING BOARD 20 DECEMBER 18, 1990 Mr. Ward: WHEREAS, Herbert Mandel is the owner of the property known as Highpoint at East Marion, Section III located on Route 25 at East Marion; and WHEREAS, a formal application for the approval of this subdivision was submitted September 8, 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 Agency and issued a Negative Declaration on October 16, 1989; and WHEREAS, a final public hearing was held on said subdivision application at the Town Hall, Southold, N.Y. on November 20, 1989 at 7:55 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 grant conditional approval, and authorize the Chairman to endorse the final surveys subject to fUlfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. Submission of a Draft Declaration of Covenants and Restrictions stating that: Access to Lot Number 50 shall be from the proposed road~ there shall be no access to this lot from Main Road. The draft Declaration of Covenants and Restrictions will be reviewed by the Planning Board and the Town Attorney. Satisfactory Covenants and Restrictions mu~st be filed witk the office of the County Clerk prior to endorsement of the subdivision by the Chairman. Revised Road and Drainage plans as per the October 12, 1989 Engineer's report. This report requests that the plan be revised to show the required pavement section for the proposed road. S~bmission of final maps (5 paper prints and 2 mylars). Ail maps must contain: A. The Health Department's stamp of approval. B. The location of the firewell. C. The street name D. A note that there is to be no access on Main Road for Lot Number 50. E. A note stating that Covenants and Restrictions have been filed, and the Liber and Page number. Receipt of a Letter of Credit or its equivalent in the amount of $55,350.00, and adoption of same by the Town Board. PLANNING BOARD 21 DECEMBER 18, 1990 5. Receipt of the inspection fee in the amount of $3,321.00. 6. Fulfillment of Department of Transportation requirements? Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Mandel: Mr. Chairman, may I ask a question. In the bond it calls for a street light and we determined there is a street light at the point where it was requested. We would like that omitted from the bond. In addition, the firewell is on a private street as shown on the map adjacent to a fire house and we see no purpose or object of having to pay, according to the bond $10,000 for the firewell at this point. As a matter of fact, the only firewell in East Marion at this time is one that I put in and that was a forty-nine acre lot development. This is a proposed three lots on which there has been a house occupied since around 1930 something and a couple of barns. If the firehouse wants or needs a firewell at this point, they should have thought of it when they built the firehouse. There is no point in our having to spend that kind of. money_in, this circumstance. We would like that to be eliminated from the bond. I don't know that the Planning Board has the jurisdiction over that, I think it is a matter of the fire department requesting it. I would like it to go back to the Town Board as I believe it has to go back anyway because of the street light. So whatever you decide on that I will try to go along with it. Mr. Orlowski: O.K., you are right on the firewells, that is up to the district and that is their recommendation to us. We don't supersede it or override it. In regards to street lights, there is a light there. I don't know how much it is on the bond but I think it's about $1,000. F~. Ward: I will make a motion to amend the resolution to reduce the bond by $1,000. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on that motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 22 DECEMBER 18, 1990 Mr. Orlowski: Wolf Pit Associates - Board to make a determination on the final maps dated September 28, 1989. This major subdivision is on 65.3810 acres located at Mattituck. SCTM ~1000-107-4-2.1. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS, David Saland, is the owner of the property known as Wolf Pit Associates located on Mill Lane at Mattituck; and WHEREAS, a formal application for approval of this subdivision was submitted on August 20, 1987; and 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 January 7, 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 7:55 p.m. and closed on November 20, 1989; 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 22, 1989, subject to fulfillment of the following conditions within six (6) months of the date of this resolution: i. Receipt of a performance bond or let~er~of credit for the amount of $159,621.00. 2. Filing of Covenants and Restrictions for the Drainage, Scenic and Natural Vegetation Retention Easement Area, and filing of the Covenants and Restrictions required by the Suffolk County Planning Co~ission. 3. The noting on the final maps of the Liber and Page numbers of all the required Covenants and Restrictions, including the Health Department's Covenants and restrictions. 4. The dedication of the land outside the 35 degree turning radius at the intersection of Mill Road and Mill Lane to the Town of Southold, (Same to be shown on map. 5. Payment of th~ Park and Playground fee of $32,500.00. 6. Payment of the Inspection fee of $9,577.26. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mro Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. PLANNING BOARD 23 DECEMBER 18, I990 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Herbert Mandel Board to make a determination on the final maps. This set off is on 11.912 acres located at East Marion. SCTM 91000-31-3810 acres located at Mattituck. SCTM $1000-107-4-2.1. Mr. Ward: WHEREAS Herbert Mandel, is the owner of the property known as Herbert Mandel set-off located on the Main Road at East Marion. WHEREAS, a formal application for the approval of this set-off was submitted on December 24, 1988; and WHEREAS, the Seuthold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 6~fCRR declared itself Lead Agency and issued a Negative Declaration on May 18, 1989; and WHEREAS, a final public hearing was held on said subdivision application at Town Hall, Southold, N.Y. on November 20, 1989 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 grant conditional final approval, and authorize the Chairman to endorse the final surveys dated September 18, 1989 subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. The Declaration of Covenants and Restrictions must be filed with the office of the County Clerk prior to endorsement of the subdivision by the Chairman. 2. The final maps (5 paper prints and 2 mylars) must contain a note stating that Covenants and Restrictions have 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. Edwards, Mr. Orlowski, Mr. Ward, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Doris Price Moeller Foster - Board to start the coordination process to determine lead agency and environmental significance. Board to review the maps dated November 1, 1989. This minor subdivision is on 8.5 acres located at Cutchogue. PLANNING BOARD 24 DECEMBER 18, 1990 SCTM %1000-103-9-13. Mr. Orlowski: I'll entertain a motion to grant sketch approval. 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. Latham, Mr. Edwards, Fir. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Latham: I have a note on that one Mr. Chairman. Please note that the Planning Board will be requiring the following Covenants and Restrictions in addition to restrictions that may be required by the Suffolk County Planning Commission: 1. There shall be no further subdivision in perpetuity; 2. All requirements of the special conditions of the New York State Department of Environmental Conservation must be met. Mr. Orlowski: O.K. we'll send those over to the applicant. Also, I have one more motion to start the coordination process. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Ortowski: Opposed? So ordered. Mr. Orlowski: Marion Robins - Board to start the coordination process to determine lead agency and envirou~uental significance. Board to review the maps dated July 5, 1989. This minor subdivision is on 6.039 acres located at East Cutchogue. SCTM 1000-103-10-2. Mr. Edwards: I move we start the coordination process. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? PLANNING BOARD 25 DECEMBER 18, 1990 Ayes: Mr. Edwards, Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I'll make a motion to gra~t sketch approval on the maps dated July 5th, 1989 subject to the following: i. The reservation of eight and one half f8 1/2) feet of land for possible future road widening along Little Neck Road. 2. The reservation of eight and one half (8 1/2) feet of land for possible future road widening along Strohson Road. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Fir. Edwards, Mr. Orlowski, Mr. Latham Mr. Ward, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: John Wickham - Board to start the coordination process to determine lead agency and environm, ental significance. I'll entertain a motion. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Ortowski: Board to review the maps of this minor subdivision. This minor subdivision is on 10.550 acres located at New Suffolk. SCTM ~1000-1t0-8-32.1. Mr. Orlowski: Everything is in order for sketch approval. Mr. Edwards: Move for sketch approval. Mr. Latham: Second. Mr. Orlowski: Any questions or conm~ents on that? PLANNING BOARD 26 DECEMBER 18, 1990 Mr. Ward: Yes, just that we request that the applicant create more equal lots on the waterfront and the 175 foot minimum lot area of lot number two be reduced to one seventy five which is the minimum requirement for that district and that the appropriate adjustments be made in lot lines to acc~L~L~odate the acreage swaps. Mr. Orlowski: I have a motion made and seconded for this. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Fir. Ward, Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: James Bailey - Board to make a determination under the State Environmental Quality Review Act. Board to set Thursday, January 18, 1990 at 7:40 p.m. for a public hearing on the final maps dated November 14, 1989. This lot line change is located on Fishers Island. SCTM ~1000-12-1-6.10. Mr. Orlowski: Everything is in order to do an uncoordinated review this will give us lead agency and a negative declaration for the lot line change. 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. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Set a public hearing on January 18, 1990 at 7:40 p.m. on the final maps dated November 14, 1989 for this lot line change on Fishers Island. Mr. Edwards: So moved. Mr. Latham: 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. PLANNING BOARD 27 DECEMBER 18, 1990 Mr. Orlowski: Barbara Sowinski- Board to make a determination under the State Environmental Quality Review Act. This minor subdivision is on 4.3075 acres located a Cutchogue. SCTM ~1000-103-1-20.02. Mr. Orlowski: Everything is in order for a Negative Declaration° What is the pleasure of the board? Mr. Ward: So moved for a Negative Declaration. The reasons for supporting this is an Enviror~ental 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. Because there has been no correspondence received form the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Correspondence has been received from the New York State Department of Environmental Conservation. The Department has no objection to the Plarming Board assuming lead agency status for this action. A tidal Wetlands Permit, #10-89-0395, was issued on July 19, 1989 with the special condition that "future development/construction on these lots will require additional permission from this Department prior to commencement of such work." The special condition was in addition to Supplementary Special Conditions (A0 through (J). Correspondence has been received from the Board of Town Trustees, The Trustees recoi~ended that the building envelope for Lot Number 2 be revised so that it is located at least sixty-five (65) feet from the southern property line. The Planning Board in their sketch approval re~eested this revision. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on that motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. REPORTS AND BONDS: Mr. Orlowski: Orient Park Estates - Board to review the engineer report and the bond es%imate dated December 12, 1989. This minor subdivision is on 16.7073 acres located at Orient. SCTM ~1000-19-1-15. PLANNING BOARD 28 DECEMBER 18, 1990 Mr. McDonald: I would like to make a motion to 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. McDonald, Mr. Edwards, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: I would like to make a further motion to adopt the revised bond estimate for the amount of $68,560.00 and to recoLLm~end the same to the Town Board. The bond was revised to add twenty-two street trees, one firewell and one street light. Mr. Ward: Not the street light. Mr. McDonald: O.K., the street light was removed. So I'll amend to take it off. Mr. Edwards: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowskir Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Reydon Court - Board to make a recommendation tothe Town Board in regard to the Bond for this major subdivision located at Southold. SCTM $1000-79-5-i6..3. Mr. Orlowski: At this time everything is in order to recommend release of this bond. Mr. Edwards: So moved. Mr. Orlowski: Motio~ 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. PLANNING BOARD 29 DECEMBER 18, 1990 SITE PLANS: Mr. Orlowski: Blue Dolphin Motel - Board to make a determination under the State Environmental Quality Review Act. Board to review the final maps dated October 17, 1989. This site plan is located at East Marion SCTM %1000-31-6-13-3. Mr. Ward: I would like to make a motion for the Planning Board to do an uncoordinated review, declare the Planning Board lead agent, and as lead agent, under the State E~vironmental Quality Review Act grant a negative declaration. 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. (Chairman signed maps) Mr. Ward: WHEREAS, Athanasios Spinthouraskis, is the owner of the property known as the Blue Dolphin Motel located on the Main Road at East Marion; and WHEREAS, a formal application for the approval of this site plan was submitted November 8, 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 Agency and issued a Negative Declaration on December 18, 1989; and WHEREAS, all the requirements of the Site Plan Ordinance have been met; and be it therefore; RESOLVED that the Southold Town Planning Board approve the final maps dated October 19, 1989, subject to the following: 1. Landscape screening must be placed on the north east side of the pool to place a visual barrier to residences north of the pool prior to the issuance of a Certificate of Occupancy. Mr. Ward: I would also like to make a motion that the Chairman be authorized to sign the site plans onto which the aforementioned conditions have been attached. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. McDonald Mr. Orlowski, Mr. Latham. PLANNING BOARD 30 DECEMBER 18, 1990 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Hamlet of Cutchogue - Board to review the requirements for a Final Environmental Impact Statement. This site plan is located at Cutchogue. SCTM %1000-102-3-33.3. Mr. Orlowski: For the record I would like to read this letter that was sent to the applicant. The Planning Board requests that you have your consultant prepare the Final Environmental Impact Statement for the Hamlet. Please incorporate responses to all the comments that were made with regard to the Draft Environmental Impact Statement. These comments were sent to you under separate cover on December 6, 1989. When you submit the proposed Final Environmental Impact Statement, it should be accompanied by a check for $500.00 to cover the initial review of the document by our environmental consultant. Enclosed is a copy of the estimate. (Note that this fee will cover one review of the proposed FEIS. An additional review fee will be charged if supplemental material has to be reviewed.) It is evident that your applications to the Suffolk County Department of Health Services for water supply and sewage disposal permits have not received approvals. There appear to be objections to inconsistencies or inaccuracies within the applications. Also, this office does not have any evidence of an application having been made to the Suffolk County Water Authority for the provision of water service, as recommended by the Health Department in their April 4, 1989 letter to your consultant, Mr. Salerno of Greenman-Pedersen, Inc.. Clearly, there will have to be a resolution of these issues with the Health Department and the Suffolk County Water Authority before the Planning Board could accept an FEIS and adopt a Findings Statement. If there are any concerns or questions about how to proceed, please do not hesitate to contact Vaterie Scopaz, Town Planner. The letter has been sent to the applicant and I just read it for the record. Mr Orlowski: Cliffside/Tidemark- Board to review final maps for this Site plan located at Greenport. SCTM %1000-45-I-1. PLANNING BOARD 31 DECEMBER 18, 1990 Mr. Ward: RESOLVED that the plan for Cliffside/Tidemark Hotel which is composed of the following: a site plan (dated as received by the Planning Board on October 13, 1989) and a drainage plan (dated as received by the Planning Board on November 30, 1989) and a floor plan ~dated as received by the Planning Board on December 7, 1989), be approved. The following conditions are included in this approval: 1. None of the individual hotel units may exceed the square footage noted on the attached floor plans (Dated as Received by the Planning Board on December 7, 1989) of this approved site plan. 2. None of the individual hotel units shall have "cooking facilities", as stated in Section 100-13 of the Town Code, Definition for Transient Hotel 3. The stairs down the face of the bluff are NOT included in this approval. A separate amended application for approval for the stairs will have to be made once the appropriate permit is obtained form the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. 4. This site plan will be subject to final review of drainage by the Town Engineer including any recommendations for additional leaching pools or other positive drainage improvements. Mr. Hage: For the applicant. I think one of your provisions has made reference of this being a transient motel. I don't think that is correct. This is a resort motel and there is a big difference from it being a transient motel. ~r. 0rlowski: What is the difference? Mr. Hage: One is the usage of some of the things you are allowed to have in a resort motel that you can't have in a transient motel. This as always been submitted as a resort motel. I don't have the code in front of me but I can read you the definitions and there are distinctions between the two. The application went in right from the very beginning as a resort. Ms. Scopaz: The transient motel definition. A building or group of buildings whether detached or a connected unit, containing individual quest units consisting of'a room arranged r designed to be available or used for as sleeping and living arters for transient on a daily rental basis pr~ided that one such unit may connect directly with no more than one other such unit and that no cookin~ facilities shall be available. Each such unit shall have a door opening on the exterior of the building or a common hallway leading to the exterior. A transient motel or hotel may include such accessory as: an office, restaurant, accessory personnel services, swi~mL~ng pool and off street parking facilities. The transient motel or hotel shall not be construed to include resort motel. Nor shall it be PLANNING BOARD 32 DECEMBER 18, I990 deemed to include any dwelling unit except that of the owner or the manager. The application before you has a dwelling unit for the owner or the manager and that is the only unit on the site plan that has cooking facilities. None of the others have cooking facilities. The definition for a resort motel - A building, or group of buildings, whether detached or in connected units, containing individual quest unit consisting of a room arranged or designed to be available for use as sleeping quarters for transient on a daily rental basis or for vacationers or other such persons on a weekly rental basis provided that one such unit may connect directly with not more than one other such unit. Each unit shall have a door opening on the exterior of the building or a common hallway leading to the exterior. A resort moteI may include such accessory uses as: a beach cabana, private dock, dining room, restaurant, or swimming pool, conference and meeting facilities or an accessory convenience shop, office, or personnel service faoilities provided that such facilities or shops is located within the building without any external sign or display and off street parking facilities° The term resort motel shall notbe construed to conclude transient motel or mobile home park. Mr. Hage: A resort motel is entitled to have more things than a transient motel. One is mutually exclusive of the other as far as the code states and I emphasize that the application has been submitted as a resort motel and it is permitted, in this district as a resort motel. Ms. Scopaz: May I point out that the resort motel definition does not make a specific position for a managers office and dwelling unit. That is the primary difference between the two definitions. Mr. Hage: I think first of all we are the applicants, it is our property, we make the application. If it is a permitted use we have the right to make the application. We are making an application for a resort motel. That is all I am asking be changed on here. Mr. Hage: Mr. Chairman, I think I presented before this board several times with a question and reason with regard to 600 sq. ft. in size and we had the intention of designing this so that families could stay out here a week or two. This is something we had discussed at prior meetings here before the board. Mr. Orlowski: The zoning board has nothing in here about that. Ms. Scopaz: They evidentially did not address the issue as to whether this should be treated as a transient motel or a resort motel even though the issue was presented tonight. Mr. Orlowski: Just a question, are you putting kitchen facilities in these units? PLANNING BOARD 33 DECFiV~BER 18, 1990 Mr. Hage: As of right now, no, there is a provision with the Board of Appeals with respect to that. Mr. Orlowski: That limits it only to the masagers quarters. Mr. Hage: Their decision states that it is their understanding that there will be no kitchen facilities. My point to you is we made a specific application which we are entitled to and that is all we are asking for. I don't think this board, with all due respect, can turn around and change something from a resort motel which is what we want, to a transient motel. You have a reference in there as to kitchen facilities. Mr. Ward: You're before the ZBA? Mr. Hage: We received approval from the ZBA and they imposed certain conditions. Mr. Ward: Which is no cooking facilities. Mr. Hage: They put a provision in there with the understanding that there is no cooking facilities. Mr. Orlowski: It says here subject to the following conditions, and condition five that: it is the understanding of the board that only the manager's unit will contain kitchen facilities. Mr. Ward: Mr. Chairman, I will amend my resolution to eliminate item two which is regarding transient motel. Mr. Orlowski: ~otion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski. Abstain: Mr. McDonald. Mr. Hage: Mr. Chai~,an, does your resolution include a signature of the site plan. Mr. Orlowski: yes. Mr. Hage: Thank you. Mr. Orlowski: Mooresland - Board to review the final maps. Ms. Scopaz, before we make our motion, you have a few comments you would like to make. Before I ask you that, I'll entertain a motion to adopt the Suffolk County Planning Commission's Report on November 1, 1989. Fir. Ward: Second. PLANNING BOARD 34 DECEMBER 18, 1990 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Edwards Mr. Latham. Mr. Orlowski: Opposed. So ordered. Ms. Scopaz: RESOLVED that the Southold Town Planning Board approve the bond estimate in the amount of $425,150.00 and the inspection-fee of $25,509.00 and recommend to the Town Board to adopt same subject to the addition of three items requested by the Town Engineer in the November 2, 1989 report. RESOLVED that the Southold Town Planning Board grant final approval to Mooresland upon all items noted herein: t. Receipt of a letter from the Village of Greenport stating that all terms of the water contract dated June 15, 1989 have been met. 2. Receipt of revised grading and drainage plans as per items one, four and five of the November 2, 1989 report from the Town Engineer's and Consultant and approval of same by the Town Engineer 3. Receipt of all required Covenants and Restrictions required by the Suffolk County Planning Coa~ission and the Planning Board and approval by the Town Attorney as to correctness, legal form and content. 4. All approved Covenants and Restrictions are to be recorded in the office of the County Clerk and a notation made on the site and the subdivision plan of the Liber and the Page numbers of the recorded deeds. 5. Acceptance of bond estimate by the Town Board. 6. Submission of bond or letter of credit or equivalent and acceptance of same by the Town Board. 7. Receipt of twelve revised site plans showing the following changes: A. The location of the landfill. B. Direct walkways between each building and between the units olf each building. C. An additional walkway from the building around the cul-de-sac to the recreation area. D. A dedication to the town of the land outside two short radius curves, with a radius of twenty feet or less; one at the southeast intersection of Middle Road (C.R. 48) and Moore's Lane and the other at the northeast corner of Cedarfields Drive and Moore's Lane. E. A notation that handicapped parking and access to these units will be provided in accordance with the New York State Law. F. A notation that a Declaration of Covenants and Restrictions have been filed in the Suffolk County Clerk's Office which affects units in PLANNING BOARD ~5 DECEMBER 18, i990 this subdivision. 8. Establishment of a condominium owners association by filing of same with the New York State Attorney General's Office and the submission of a copy of same with the Planning Board office. 9. Receipt of site plan review comments by the Principal Building Inspector. The location of the mailboxes shall be addressed prior to the time of their installation by the Greenport Post Office, a designated Planning Board representative and the site developer. Ms. Scopaz: I don't know if it's necessary to re-review the buffer areas as they are the same restrictions that were placed on Cedarfields, almost word for word. Mr. Orlowski: O.K., I'll put that in the form of a motion. 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. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Tim Gray -Board to review the request for an extension of the final approval. SCTM ~1000-58-1-2. Mr. Ward: Mr. Chairman, I make a motion that the Planning Board in accordance with its powers under Section A-106-26A of the subdivision regulations extend the 30 day period for filing the approved final subdivision map of Tim Gray to sixty days which is in conformance with the New York State's Town Law, Article 16, Section 276, Subsection 7. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Ward: Be it further resolved that the Southold Town Planning Board set a public hearing at its January I8, meeting to obtain co~,ent on its proposal to amend Chapter A-106-26A PLANNING BOARD 36 DECEMBER 18, 1990 of the Subdivision Regulations as follows: Final approval and filing upon completion of the above requirements and notation to that effect upon the final plan, it shall be deemed to have final approval, and the plat shall be properly signed by the appropriate office of the Planning Board and shall be filed by the applicant in the office of the County Clerk. Any plat not so filed or recorded within sixty days of the date upon which such final plat is approved or considered approved by reasons of failure of the Planning Board to act shall become null and void. Mr. Orlowski: Do I have a second on that? Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Cove at Southold - Board to review making a recommendation to the Building Department in regard to a Certificate of Occupancy for the pool, the pool house and the tennis court. SCTM #1000-87-5-20. Mr. Orlowski: Everything was in order to recommend to the Building Department that they issue a C.O. for the pool house, pool, and tennis court. Mr. Ward: Does that include the landscaping? Mr. Orlowski: Yes. Mr. Orlowski: I'll entertain that motion. Mr. Edwards: I'll second. Mr. Orlowski: motion? Motion made and seconded. Any questions on the Mr. Latham: I have a question on the cottage, it should be removed. Mr. Orlowski: Yes, I think before any final C.O. is issued for this project the cottage must be removed. Mr. Orlowski: Ail those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Ward. PLANNING BOARD 37 DECEMBER 18, 1990 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have A Local Law in Relation to Zoning - Board to review the proposed Local Law to amend Section 100-31.B(7)(c) of the zoning code. This section would be amended as follows: (c) Except for public golf courses, such use shall not be cOnducted for profit as a business enterprise. This would be in the open space. What is the pleasure of the board on this local law? Mro Ward: I move that we reco~m,end the Town Board to consider this amendment, to approve it. Mr. Edwards: Second. Mr. Orlowski: Any questions on the motion? Mr. Latham: I~m not going to vote for it. Golf courses are all right but they do use a lot of harmful pesticides, more than most anything else. Also water and under the guides of the agriculture conservation district that they are putting other things in it. They do it to keep the space open. Mr. Ward: The purpose of the amendment is simply to permit golf courses to be operated for profit in the A-C zone. Currently, public golf courses may not be operated for profit. This virtually precludes same from being established. This matter was discussed by the Code Committee and approved. Mr. Orlowski: Any other questions on thismotion? Ail those in favor? Ayes: Mr. Orlowski, Mr. McDonald, Mr. Edwards, Mr. Ward. Opposed: Mr. Latham: Mr. Orlowski: So moved. Mr. Orlowski: A Local Law in Relation to ZoninG - Board to review the proposed local law to amend Section 100-262A by deleting the fee required. Mr. Orlowski: I make a motion that the Planning Board recommend to the Town Board that the proposed local law amending Section 100-26A be adopted. This proposed amendment will eliminate the payment of duplicate fees for Special Exception applications by applicants. Mr. Ward: So moved. PLANNING BOARD 28 DECEMBER 18, 1990 Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I have nothing left on my agenda. Any questions from the board? Board: No questions. Mrs. Ronnie Wacker: I just wanted to bring to your attention an article that had been in the Traveler Watchman about three weeks ago and it was an interview byLydia Tortora with Valerie Scopaz in which Valerie pointed out that we are going to have real heavy problems in another few years in traffic, a grid lot situation in various spots in town. She mentioned that there is something like four or five hot spots in town and we won't be aware of them immediately. It won't be a year from now that all of a sudden all five of them Will be put in place and will get out on the road and we won't be able to get up to Main Road but, it will be incremental and year after year there is going to be more. We should now be thinking ~hout what this impact is going to be. This is something that NFEC has asked a number of times at public hearings on the Master Plan Environmental Impact Statement and we've gotten no satisfactory or response. We do think that this a matter that the Planning Board should be considering very carefully. This should be an entire Town Traffic Impact study and I hope that you would consider and recommend to the Town Board that this be done. Mr. Orlowski: We have been pretty busy lately. Eventually we will be moved down the hall and stretched out a little bit, hopefully we be able to catch up. When we do get caught up we will be addressing those problems. Mrs. Wacker: If we can help in any way, we would certainly like to. Mr. Orlowski: The last engineer on a road study wanted $158,000.0~, so if you can do it cheaper than that. we have talked ~bout this so it will be on the agenda as soon as we get straightened out. Any other question. Elizabeth Vasurer: I live in Saltaire Way in Mattituck. I came to discuss with you the proposed subdivision the Matthews Property in Mattituck. I would like to see some things changed on this plan because they affect my neighborhood greatly in PLANNING BOARD 39 DECEMBER 18, 1990 terms of traff is the propose families in m~ ten, there see ride bicycles, single day. Lane is alread that play thez where it meets and because t ic. The first thing I would like to see changed [ opening of Wave Crest Lane. There are many neighborhood with small children under the age of to be more and more of them all the time. They roller skates and they are outside playing every be T intersection at Saltaire Way and Wave Crest a bad intersection in terms of these children . There is a worse intersection at Reeve Avenue Wave Crest Lane. It is another T intersection e road has a slight incline, people coming from south to north~on Reeve Avenue can't be seen by people coming out of Wave cr~st Lane and making a left:hand turn on Reeve Avenue. It ha!s been something I've been writing to the town about for over ten years. To cut through,Wave Crest Lane to reach this nee development would be very dangerous. We heard from Valerie bout possibly when they build the new subdivision keeping the tz[cks out of our neighborhood. That is a very nice gesture but I ~n't~think it can really be enforced. We would have to post ~mebody there or we would be put in the position of enforcing omething and it would be very difficult. I think what would ma ~ more sense would be to put the cluster of homes to the south e id of this property as opposed to the north end where it appea~s now. Make possibly a horse shoe for those people in the new subdivision or a cul-de-sac going into the property. Thei way it stands right now doesn't make a lot of sense. It willl also create a lot more traffic on Soundview Avenue which ils suppose to remain a scenic road not a developed road and I would appreciate your consideration of these changes. Thank you. Mr. Orlowski: We have looked 'at that very closely but we haven't gotte~to sketch on it yet and I believe the people down there have met~ with Ms. Scopaz and being it is such a narrow piece of property it is hard to do anything with it except to (~naud~ble). Our suggestion was not to open that road until after the road! construction is finished to any construction vehicles. Other than that it is a very tough piece of property to lay out and. as I said we haven't gotten sketch yet but I will take those comments into consideration. Mr. John Coste~lo: I have one minor problem. On the board's wording of the~contract with the Village of Greenport, there is going to be a small revision with the contract wording. The original contract that was signed June 15, 1989 has some concerns with ~he Suffolk County Health Department. We were making those revisionsto appease the Health Department so the date will more than likely be a different date and I wanted to bring it to the board's attention. Mr. Orlowski: On the water contract itself. Mr. Costello: yes. The wording is going to be revised slightly. Mr. Orlowski: I don't think that is a great problem. PLANNING BOARD 40 DECEMBER 18, i990 Mr. Orlowski: Any other comments or questions? Hearing none, I'll entertain a motion. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Merry Christmas and Happy New Year to everybody'. Being there was no further business to come before the board the meeting was adjourned at 9:20 p.m. Respectfully submitted, Jane Rousseau Temporary Secretary -' k' ~, - Chairman/ RECEIVED AND FILED BY souu o TOm