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HomeMy WebLinkAboutPB-12/23/1991PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD SCOTT L. HARRIS Supe~isor Town Hall. 53095 Main Road P.O Box 1179 Southold. New York 11971 Fax (5161 765-1823 MINUTES DECEMBER 23, 1991 Present were: Absent: Bennett Orlowski Jr., Chairman G. Richie Latham, Member Richard Ward, Member Kenneth Edwards, Member Mark McDonald, Member Valerie Scopaz, Town Planner Robert Kassner, Site Plan Reviewer Jane Rousseau, Secretary Melissa Spiro, Planner Holly Perrone, Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. Board to set Monday, January 13, 1992 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. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Hearing Held Over From Previous Meetings: ~ Planning Board 2 December 23, 1991 Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for two lots on 3.748 acres located on the east side of Cox Neck Lane in Mattituck. SCT~4 ~1000-113-8-5. Mr. McDonald: I would like to make a motion to keep this open. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISION LOT LINE CHANGES SET OFF APPLICATIONS Setting of Final Hearings: Mr. Orlowski: East End Properties - This major subdivision is for five lots on 10.806 acres located on Alvah's Lane in Cutchogue. SCTM ~1000-101-1-16.1. Mr. McDonald: I would like to make a motion: RESOLVED that the Southold Town Planning Board set Monday, January 13, 1991 at 7:30 p.m. for a final public hearing on the maps dated December 5, 1991. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, ~r. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Sketch Extensions: Mr. Orlowski: Southold Fire District - This minor subdivision is for two lots on 21.044 acres located at Main Bayview Road and Baywater Avenue in Southold. SCTM ~1000-75-4-22. . Planning Board 3 December 23, 1991 Mr. Ward: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold town Planning Board grant sketch approval on the map dated September 20, 1991. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Sketch Extensions: Mr. Orlowski: Conrad Bagenski: This major subdivision is for three lots on 6.212 acres located on the north side of Main Road; 1332.92 feet east of Elijah's Lane in Cutchogue. SCTM ~1000-108-3-9. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from October 1, 1991 to April 1~ 1992. Mr. Edwards: Second. Mr. Orlowski: ~otion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Ozlowski: Opposed? So ordered. Mr. Orlowski: William and Viola DeLuca - This minor subdivision is for two lots on 2.468 acres located on the west side of Breakwater (Luther's) Road in Mattituck. SCTM ~ 1000-99-2-18. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the $outhold Town Planning Board grant a six month extension of sketch approval from January 16, 1992 to July 16, 1992. Planning Board 4 December 23, 1991 Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered~ Mr. Orlowski: Willia~ and Viola DeLuca - This minor subdivision is for two lots on 2.468 acres located on the west side of Breakwater (Luther's) Road in Mattituck. SCTM ~ 1000-99-2-18. ~r. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Plan~ing Board grant a six month extension of sketch approval from January 16, 1992 to July 16, t992. 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. Review of Reports - Engineering: Mr. Orlowski: Tide Group (formerly Corby Park~ This major subdivision is for eight lots on 29.11 acres located in the LIO Zoning District, on the northeast corner of Middle Road and Depot Lane in Cutchogue. SCTM ~ 1000-96-1-1. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the engineer's reports dated December 12, 1991 and December 23, 1991, with the following amendments (numbers correspond to numbers in report): ~l. The Planning Board is in favor of the 70' right-of-way that has been designed for Dennis Road. Plahning Board 5 December 23, 1991 ~2. Is to remain as written in the'report. 93. Is to remain as written in the report. 44. Is to remain as written in the report. A copy of the November 27, 1991 correspondence from LILCO will be sent to Mr. Richter for his records. ~5, #6, ~8, & ~9 are to remain as written in the report. ~10. Is to remain as written. The Planning Board will require that the landscaping for the 100 foot buffer area be shown on the final plan. The Board will advise you as to the landscaping requirements under separate cover. The Planning Board is requiring street lights at the intersection of Depot Lane and Dennis Court, and at the end of each cul-de-sac. All street lights must be indicated on the map. ~12. IS to remain as written. The report dated December 23, 1991 is to be adopted in its entirety. However, the new lift is to start at Route 48 and is to extend North along Depot Road until the intersection of Dennis Road, other that the 2,200 lineal feet as stated in the report. Mr. McDonald: I'll second that with the amendment that we'll need a second report on December 23, 1991. 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, Mr. Ward, Mr. Orlowskio Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: North Road Associates - This major subdivision is for four lots on 16.886 acres located in Orient. SCTM $1000-18-4-1. Mr. McDonald: Mr. Chairman, I would like ~o make a motion. RESOLVED to adopt the engineer's report dated December 13, 1991. Mr. Edwards: Second. . Planning Board 6 December 23, 1991 Mr. Orlowski: Motion made and seconded. AnY questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Review of Reports: bond Estimate Mr. Orlowski: Francis ~reenber~er - This major subdivision is for four lots on 15.581 acres located on the north side of Eugene's Road; 381.54 feet west of Bay Avenue in Cutchogue. SCT~ ~ 1000-121-5-4.1. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED to adopt the bond estimate dated December 16, t991, and to reco~end same to the Town Board. The bond estimate is in the amount of $70,125.00, with an inspection fee in the amount of $3,208.00. Mro Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Latham~ Mr. Ward~ Mr. Ortowski. ~r. Orlowski: Opposed? So ordered. Review of Reports - Suffolk County Plannin~ Commission Mr. Orlowski: Michael Adams This minor subdivision is for two lots on 71.42 acres located on Sound Avenue in Mattituck. SCTM ~ 1000-121-5-4.1. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED to override the December 24, 1991 Suffolk County Planning Commission report for the following reason. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, . Planning Board 7 December 23, 1991 Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. STATE ENVIRONMENTAL QUALITY REVIEW ACT MAJOR AND MINOR SUBDIVISIONS LOT LINE C~ANGES AND SET OFF APPLICATIONS Coordination Process: Mr. Orlowski: Joseph Frederick Gazza - This minor subdivision is for two lots on 4.54 acres located on the west side of Dam Pond in East Marion. SCT~ ~1000-22-3-19. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board continue the environmental process which was started on September 11, 1985. At that time, this proposal was classified as an unlisted action. However, the classification is hereby changed to a Type I action due to the designation of Dam Pond as a Critical Environmental Area by the Town Board of Trustees on November 24, 1987. The Planning Board would like to take lead agency on the coordinated review of this Type I action. Mr. Latham: Second. Mr. Gazza: I am the owner of the property that you are reviewing and I would like to briefly address the Board concerning concerning this very important decision on changing the type of action frQm the unlisted action that it has been classified over the last six years to now a T~pe I action. Under the regulations of SEQRA, which I sure you are all aware of there are procsdures and there are classifications and steps during the process of SEQRA and I would like to bring to the Board's attention just a brief review of where we have been with SEQRA on this particular application. I would like to start by saying that in 1984, this Board reviewed the bulk of this property and by resolution of the December 17th 1984 determined that a Negative Declaration be issued pertaining to the sixteen acre portion of this subdivision. So, a SEQRA process was started back in 1984. Later, in 1985 when the various minor subdivision applications were filed with this Board and they were minor subdivision applications because they were separate pieces, I believe there are four of them on the pennisula that juts out into the Dam Pond and the applications were only for two lots per parcel, each lot being in excess of two acres providing the maximum setbacks from the wetlands and c~uplying wit~ all guidelines. This property was extensively reviewed during the 1985, 1986 and 1987 and I would like to state that in 1987 the New York State DEC became the active player under the Plahning Board 8 December 23, 1991 SEQRA regulations and attempted a coordinated review with all agencies, the Health Department, the Town of Southold Planning Department and a review was undertaken but, ~ that.t~me~ in ~ 1987 the Southold Town Planning Department did not loin !n unaer the doordinated review with the New York State DEC and the DEC took on Lead Agency and did an extensive review under SEQRA on this property. There review entailed three years of study. We had ~he complete archeological report, a Phase I for the DEC,. there has b~en a lot of work with Mr. George Hamworth. This is only a portion of the SEQRA correspondence on this property. Now~ when w~ have property that has been reviewed for six years under SEQRA~ a portion of it has already been detez~t,ined To ~eb an issuance of a Negative Declaration, it has been determlneG y the Lead Agency, the New York State DEC to be an unlisted action and it was ~eviewed as such. The Planning Board was invited but chose to do an independent review under SEQRA rather than a coordinated review. SEQRA provides that on Type I actions, we are familia that Type I actions is a highly critical action. There has t be a coordinated review, it brings everybody in. This projec has already been reviewed, It has been before this Board for six years, how much more review is going to be reasonable. Certainly, you must realize that if you declare it to be a T!rP~ I action that an environmental impact statement is going to have to be repaired which will just be a duplication of all of the work. We have been working with the DEC and with your Board and the Town Trustees. You know it is really a difficult ~urden for us to comply with if you see so fit to declare this a Type I and I am really callinq upon you to look at the reccrd and look at what has been happening over the last six years ~ith this property and the review and the SEQRA guidelines. Before you make that determination that it is a Type I, I ~ )uld hope that the Board would reflect on this before jumping to that decision and I have compiled copies of all the SEQRA correspondence going back to 1984 and I have prepared a letter to sttach it which I would be very happy to submit to the Board in tke hope that you will review this before taking that step to classify this as a Type I. Mr. McDonald: Can I see that? Ms. Scopaz: is a lette~ Environmen~ the Planni~ Town condu~ indicated review and that did nc environment Mr. Chairman, I would' just like to say that there in the file from the State Department of al Conservation in response to a letter written from ~g Board, asking if the State has any problem with the iting it's own coordinating review and the State ~hat they had no problem with the Town doing its own that the State was doing an uncoordinated review and ~t preclude the Town from going through its own ~al review. Mr. Gazza: That is correct but under Type I actions, coordinated review is mandatory and we have already had one agency taking lead agency status and completed an uncoordinated Planning BOard 9 December 23, 1991 review after it requested your Board to join in with them as a coOrdinated review so now you are turning it around again. Mr. $copaz: They have indicated that they have no problem with us doing the coordinated review. The letter is in the file. Mr. Gazza: I'm sure the DEC has no problem with you reviewing this for a~other six years, you know six years has been a very long time for a minor subdivision and we are really getting buried in~apers on this subdivision which we are trying to put together df a subdivision of only a dozen lots, all in excess of two acres. Some as large as four acres. We are providing all the setbaQks and tbs natural character of the area. When we started this subdivision process the zoning was~one acre. Then it went tO two acre. Mr. McDonald: I am a little confused. You are saying that there was a negative declaration on your property. I don't see a negative declaration on your property. I see one for the property of Letteri. I don't see any for yours. Fir. Gazza: Maybe we could get the map out and I could explain to the Board. Mr. McDonald: No, no, this is a negative declaration to.your property. Mr o Gazza: I own only two parcels. Andrew Letteri has one, Bernice his wife has one. All the parcels are interrelated. They are all single and separate parcels. Mr. Ward: The Negative Declaration, is that for the Sound. Mr. Gazza: Yes, it shows on page one. It was for a sixteen acre parcel. The two lot subdivision. A lot of talking. Mr. Gazza: However, the report covered the premises that's subject for review by this Board at this time. It covers a sixteen acre parcel divided into two lots. Mr. McDonald: It covered a subdivision of two lots. Mr. Gazza: Two lots over sixteen acres. Mr. McDonald: Let me ask you, in your mind, what is the difference between whether we type it a unlisted action? Mr. Gazza: I feel that on unlisted action, the Board could review this on your own without having to bring all the other agencies together and undertake a review process that could be years. I feel that the Board ....... Planning Board 10 December 23, 1991 Mr. McDonald: Is it the coordinated part of the review that concerns you? M~. Gazza: My concern is that the DEC is already completed an u~coordinated review. Mr. McDonald: I understand but ...... Mr. Gazza: NOW you want to coordinate when somebody has already completed an uncoordinated? M~. McDonald: They have done everything and there is nothing more they are going to want because they have done theirs. Fz~. Gazza: By bringing everyone in again, the mere process of supplying everyone with all the maps and waiting for everyone's in~ut, going through everything when the people have already reviewed this incoordinately independently. Mr. McDonald: We also face the problem that technically, this is a Type I action. There is no way to avoid the fact that it is a Type I action. It is close enough to a CEA, (Critical EnviroP~ental Area). You know, we don't have an option as to whether it is a Type I or an unlisted. It is determined by the law. Mr. Gazza: When the subdivision application was filedin 1985, this was not a critical area. It was reviewed as a unlisted action. Mr. McDonald: What was? Mr. Gazza: Under SEQRA, the DEC reviewed this as a unlisted action in 1987 during their review because it was not determined at that time to be a critical environmental area. Mr. McDonald: For their action. I don't even know that but I will take your work for it. Mr. Gazza: Well, it is in the papers, you can check on it. Everyone talking. Mr. Gazza: It is just that, if this Board could see fit to rewiew this at a local level without expanding it into all agencies knd making a big deal out of something like this . Mr. McDonald: For us to make a determination on this-other than Type I, would be illegal and would open you up for lawsuits from anyone in the area who wasn't in agreement with whatever happens in this s,~hdivision because that would be an illegal act. You are within the designated CEA area and to do otherwise, simply is contrary to the law. Planning Board 11 December 23, 1991 Mr. Gazza: But, the subdivision application was filed b~fore this was classified as a critical area. It was filed in 1985. Mr. McDonald: this action. that time. We are making a determination here now today on This action didn't have a SEQRAdetermination at Mr. Gazza: If you look in the correspondence that I presented to you, you will see that since 1985 Southold Town Planning Board has been reviewing this application on an on going basis. Environmental issues were raised, the Town Trustees became involved. Under SEQRA you have been reviewing this independently as an unlisted action. Now, after six years, you are talking about proposing to change the way you are reviewing it. Mr. McDonald: I didn't see anything in paper work to indicate that we have made any determination on your property. Mr. Letteri has had a determination for a previous subdivision and is now back for another subdivision which needs a new SEQRA determination. I am not saying there isn't one because God knows but, I didn't see one in that stack of papers that said that we ever made a SEQRA determination on any of these subdivisions. Mr. Gazza: Amidst the properties, you have not made a final determination, you haven't, but you have been reviewing it under SEQRA since i985. Mr. Ward: The only determination that we did make was on the minor. Mr. Gazza: Yes, the sixteen acre portion. Mr. McDonald: Which was executed. The subdivision was executed, right? Now, this is another action. Mr. Gazza: But there has been review over the last six years. Mr. Orlowski: You have most of the information ready to go and we will start with the coordination process and speed things right along. Mr. Gazza: By starting with the coordination process, it is like opening up a jar. Mr. McDonald: You are asking us to do something that is clearly illegal. Mr. Gazza: No, I don't want you to do anything that is illegal. What I am asking you is to continue with the review . Mr. McDonald: There has been no determination made on your property, right? We have to make a determination, it is a CEA Planning Board 12 December 23, 1991 so that makes all the decision for us, this is a type I action. It is not like we have discretion in this matter. The law is very clear. Mr. Gazza: If you look back to when the subdivision was made, look back and you will see that the Board has been reviewing this under SEQRA. Mr. McDonald: But, we haven't because you have even entered in the process. Mr. Gazza: When one makes an applica{ion for a subdivision, the Planning Board immediately starts the SEQRA review. I believe there is a letter in this packet that talks about that happening about sixty days or forty-five days, after I filed the initial subdivision aDplication in 1985. Everyone talking and looking at papers. Mr. Gazza: The set-off was accomplished in 1984 which the SEQRA determination was finalized. The subdivision application itself, the minors were filed on July 16th of 1985~ We've got a little time frame we have to understand that. The DEC in 1987 took on lead agency status and questioned the Town to join for a coordinated review but the Town didn't so they undertook their uncoordinated independent. Mr. Orlowski: How did that get there? Mr. Gazza: H0w did it get to DEC? Mr. Orlowski: Yes. Mr. Gazza: WDll, I had filed an application with the DEC and with the Suffptk County Department of Health, also in addition to Southold Tbwn Planning. There has been communciation between all of the agencies since 1985. Valerie, you may confirm it, it has been an o~going communication process with the DEC on the SEQRA elements of this project. Ms. Scopaz: Well, there has been a lot of correspondence, I don't know how to characterize it but there has been a lot of correspondence. Mr. Gazza: qertainly, the correspondence is pertaining to this property on the environmental effects under the SEQRA law. Ms. Scopaz: I think the main issue is that the Board never made a determination and I think that is the issue that has to be resolved. Mr. Gazza: 1 have a letter dated September 1988 from the Town Planning Department where the Health Department advised you they also wanted this coordinated decision and there was Planning Board 13 December 23, 1991 communicatio~ with the Health Department. At that time, in 1988, the Planning Board wishes to assume Lead Agency for the entire project. There was a conflict because there already was a Lead Agency, the State. We have a track of actions and neview, I just don't want to start from scratch today. Mr. Ward: I don't think you are starting from scratch if there has been this substantial amount of work accomplished to date that obviously will be used. Mr. Gazza: But the work was under an uncoordinated review for an unlisted action. It wasn't the caliber of a Type I and I am familiar with what Type I involves and I have this much paper work on it now and it is going to be this much if we classify it pe I. r. McDonald: What is the total acreage in all of this together? I. Gazza: Well, before I answer that question ..... · McDonald: Thirteen, nineteen, thirty acres approximately? Thirty acres we get a CEA. Mr. Gazza: That has to be clarified. The overall map which Shows all of the acres that you are referring to. It shows the properties of five separate pieces. They are independent ieparate pieces. Now, they have never merged, they are single nd separate lots and my involvement with Mr.. Letteri is that my arcels ne~d access over his land to get to the Main Road. That is why I am an active player with this property. I had to obtain Mr. Letteri's consent to use an access road to make the application to divide my property. Now, Mr. Letteri has the one parcel in his name and the other parcel is in his wife's name. It is a separate lot, they are separate pieces. The large overall map was put together for clarification purposes to show everyone what all of the minor subdivisions together would look like really for SEQRA purposes we have each lot as a separate lot, separate application so we can't look at this as thirty acres because it is five separate applications. Mr. Gazza: If I want to pull out ...... Mr. McDonald: Then we look at two, we look at one, we look at zero, whatever is in front of us, we have five in front of us, if we have five in front of us, we are looking at five. This is the SEQRA process, we're not talking about the subdivision of land, we're talking about the cumulative environmental imPacts. The law is clear about this as well. We look at the cumulative impacts. To do otherwise would be probably illegal. Mr. Gazza: Well, they are separate pieces. But, the overall map shows the overall picture. We aren't hiding anything from the Board, we're open, we were asked to have a map prepared that showed the interconnection of the various parcels, the road Planning Board 14 December 23, 1991 system and we have been working with the Board, with the DEC, and the Health Department and what we may have here is the longest running minor Subdivision application in the Town of Southold. Mr. Orlowski: It seems that this somehow does pop us once a year. I don't know why but I think we would like to proceed with it and this would be the proper way to proceed and the quickest, believe it or not and the probably the best way to keep us all out of court is to proceed with the coordination process the way we have it. In the long run, I believe it will benefit you. Mr. Gazza: You can't keep it unlisted and review it on a local level because of the involvement and the procedures. Mr. Orlowski: Not legally, it appears all the homework has been done so it should be very simple and not much work left at all. Mr. Gazza: I'm nervous. Mr. Orlowski: I have a motion made and seconded. Ail those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward,' Mr. McDonald. Mr. Orl°Wski: Opposed? So ordered. Mr. Orlowski: Bernice Lettieri This minor subdivision is for two lots on 3.99 acres located onthe west side of Dam POnd in East Marion. SCTM ~ 1000-22-3-20. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board continue the environmental process which was started on September 11, 1985. At that time, this proposal was classified as an unlisted action. However, the classification is hereby changed to a Type I action due to the designation of Dam Pond as a Critical Environmental Area by the Town Board of Trustees on November 24, 1987. The Planning Board would like tO take lead agency on the coordinated review of this Type I adtion. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. ~y questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Planning Board 15 December 23, 1991 Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Joseph Frederick Gazza - is for two lots on 5.39 acres located on Pond in East Marion. SCTM ~ 1000-22-3-2 Mr. Ward: Mr. Chairman, I would like to resolution. RESOLVED that the Southold town Pla environmental process which was started At that time, this proposal was classifi ~his minor subdivision [the_ west side of Dam offer the following ning Board continue the ~n September 11, 1985. d as an unlisted action. However, the classification is hereby changed to a Type I action due to the designation of Dam Pond as a Critical Environmental Area by the Town Board of Trustees on November 24, 1987. The Planning Board would like to take lead agency on the coordinated review of this Type I action. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowskio Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Grundhesitzer Corporation and Andrew Lettieri - This minor subdivision is for three lots on 6.29 acres located on the west side of Dam Pond in East Marion. SCTM ~ 1000-22-3-22. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the SoutholdTown Planning Board continue the enviror~nental process which was started on September tl, 1985. At that time, this proposal was classified as an unlisted action. However, the classification is hereby changed to a Type I action due to the designation of Dam Pond as a Critical Environmental Area by the Town Board oaf Trustees on November 24, 1987. The Planning Board would like to take lead agency on the coordinated review of this Type I action. Mr. Ward: Second. Planning Board 16 December 23, 1991 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. Mr. Orlowski: Mr. Lettieri - This minor subdivision is for three lots on 10.66 acres located on the north side of Route 25, 1862 feet east of Starts Road, East Marion. SCTM # 1000-31-5-1.2. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, starts the coordinated environmental review on this Type I action. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Southold Fire District - SCTM ~ 1000-75-4-22. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this Type I action. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Edwards, Mr. OrlowSki. Mr. Orlowski: Opposed? So ordered. Determinations: Planning Board 17 December 23, 1991 Mr. Orlowski: William and Jeanne May - This lot line change is to s~,htract .33 of an acre from a 1.16 acre parcel and add it to a 1.8 acre parcel located on Fishers IsLand. In addition, lot 7 which consists of .58 acres, and the southern portion of Reservoir Road, consisting of 1.19 acres, will be merged with lot 9. SCTM ~ 1000-9-9-6.1. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, take lead agency, and as Lead Agency make a determination of non-significance, and grant a Negative Declaration. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. SITE PLANS STATE ENVIRONMENTAL QUALITY REVIEW ACT Coordination: Mr. Orlowski: Amendment of Tolendal Inn Site to Handy Pantry Store - This proposal is to convert a catering hall located at the southwest corner of Main Road and New Suffolk Avenue, Mattituck, into a shopping/office complex. SCTM ~1000-114-12-3.1. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordinated environmental review on this unlisted action. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Fir. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski. Pl&nning Board 18 December 23, 1991 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Homayuni - Kapotes - This proposed two family residence is located on $oundview Avenue in Southold. SCTM 61000-135-2-22. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski. Abstained: Mr. Ward. Mr. Orlowski: Opposed? So ordered. Determinations: Mr. Orlowski: PellegrinWinery - This proposed site plan is to construct a new winery and tasting room on approximately on 1.4 acres of an existing 36 acre vineyard located on Main Road in Cutchogue. SCTM $ 1000-109-1-8.7. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. 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, Mr. Mcdonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Planning Board 19 December 23, 1991 OTHER Mr. Orlowski: Mr. McDonald: resolution. Update of Perfo£mance Bond Unit prices for 1991. Mr. Chairman, I would like to offer the following RESOLVED that the Southold Town Planning Board update the estimated unit prices for bonding of subdivision construction as listed on the 1992 ESTIMATED UNIT PRICES FOR BONDING OF SUBDIVISION CONSTRUCTION. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Edwards, Mr. Latham. Mr. Orlowski: Any questions on the Opposed? So ordered. Wolf Pit Estates - Board to set a public Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Mr. Orlowski: close this meeting - Merry Christmas to everyone. Mr. Ward: Second. Mr~ Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Any questions on the Opposed? So ordered. Being there is nothing left on my agenda, I'll Mr. McDonald: Second. Mr. Orlowski: hearing on January 13, 1992 at 7:35 p.m. to amend the Declaration of Covenants and Restrictions the filing of which was a condition of final approval. SCTM ~1000-1074-2.1. -Pl&nning Board 20 December 23, 1991 Mr. Orlowski: Opposed? So ordered. Meeting adjourned at 8:07 p.m. Re~tf~lly ~tted, Bennett Orlowski ~., C~i~ ~iCE!VED AND ~!n~D BY DATE ~/~/~ H~-uR I /