HomeMy WebLinkAboutPB-01/25/1988Southold, N.Y. 11971
(516) 765-1938
PLANNING BOARD MINUTES
On January 25, 1988 at 7:30 p.m. the Southold Town Planning Board held
a regular meeting at the Southold Town Hall, Main Road, Southold.
Present were:
Mr. Bennett Orlowski, Chairma~
William F. Mullen~ 2r.~.Member
G. Ritchie Latham~ ~f, Member
Richard G. Ward, Member
Victor Lessar~ Executiv~ Administrator
Absent: Kenneth Edwards, Member
7:30 p.m.
Public Hearing on the question of approval of the minor
subdivision of John and Catherine Simichich
~'k-. Orlowski: We have proof of publication in the Long Island Traveler
Watchman and proof of publication in the Suffolk Times. At this time
everything is in order for a public hearing and I'll ask if there are
any objections to this minor subdivision? Are there any endorsements
to this minor sabdivision?
Charles Cud~:. We've been here for a number of months, we had Health
Department approval, large lots being done in conjunction with another
subdivision of Horton Smith, Mattituck who ip really seeking seven plus
acre lots and we've prepared to submit a declaration in connection with
the other Smith parcel. I believe at this point there is nothing for
the board to do but approve this and allow us to go ahead with that
exchange and I appreciate being first, I never had that opportunity,
t4~£. Orlowski: O.K. are there any other endorsements of this subdivision?
Hearing none, is anyone out there either pro or con are have information
pertaining to this subdivision that would be of interest to this board?
Any question from the board? None. Hearing closed
7:45 p.m.
Public Rearing on the Draft Environmental Impact Statement
submitted for Tidemark. This proposal is for construction
of a 75-unit motel located at County Route 48, Greenport.
Planning Board Page 2 January 25, 1988
Mr. Goehringer: Since I'm only one person and I'm not talking specifi-
cally for the board, but basically for myself. I reviewed the DEIS
and there are certain very critical areas mentioned in the specific
statement itself. At this particular time, I would urge the board
personally, not to accept it, or to do a negative declaration until
such a time the issue of traffic is really addressed. My feeling
in particular, it is not a feeling of the board, would he to stake
ingress and egress and then go back at look at the visibility situa-
tion. The impact statement refers to right and left hand turns,
it refers to probability of how many cars are going to be making
right and left hand turns onto County Road 48 and this is a very, very
severe area for making such turns both right and left. Certainly not
as severe going one way as the other. That is particularly my concern
at this particular time. There are some minor issues that I will speci-
fically look at during the time that it comes to the board but not
necessarily a fact that it will hold up accepting or rejecting my
particular opinion but definitely the traffic is one that we all have
a concern about.
Mr. Orlowski: Thank you. Any other comments?
Mr. Henry Raynor: I would like to address, particularly, the item that
was included in the draft DEIS. I feel that the revisions that were
sent forward and the changes that have indicated particularly on set-
backs and road control stipulations with regard to the project in
question that were addressed. The question of drinking ground water
which has come up will be suitably maintained with regard to contract
with the Village of Greenport. The question of impact with regard to
the bluff beach area again falls within the original juristiction
of the soil and erosion control pertinent in that particular and very
sensitive area. The plans have been amended by Henderson Bodwell,
reflects other concerns of the environmental planner. I would certainly
ask that this be accepted and include a final DEiS. The question has
arisen as to the traffic control addressed within the concerns and
within the outline of the draft DEIS and the figures that are indicated
with regard to traffic on this project are certainly of a very minimal
effect and I would ask the board to accept and go forward with the
determination. If the board has any questions, our representative from
Henderson Bodwell present this evening, if there are specific questions
from the board and I realize there is a 30 day period, we would he happy
to address them in writing. Thank you.
Mr. Orlowski: Any other comment? No further comments. Questions
from the board? Mr. Mullen? Mr. Latham? Mr. Ward? There are comments
from Mr. Emmilita has review it and his report will be on file in the
office. Ms. Scopaz any questions?
Ms. Scopaz: I will be submitting a report to the board on my views.
At this point of time I will only say that the traffic is a primary
concern.
Mr. Orlowski: Being no further questions, I declare this hearing
clo~ed. Thank you for coming down.
Southold Town Planning Board Page 3 January 25, 1988
On motion made by Mr. Latham, seconded by Mr. Ward
RESOLVED that the Southold Town Planning Board set Monday, Februarv 22,
1988 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as
the time and place for the next regular meeting, after February 8th,
1988. "
Vote of Board: Ayes: Mullen, Orlowski, Latham, Ward.
RESOLVED that the Southold Town Planning Board accept the sketch map
for eight lots on 18.2 acres at Elijah's Lane, Mattituck. "Stormwater
runof'f shall be retai~ed on site through the use of drainaje swales
and similar retention methods instead of a recharge basin." Please
revise the drainage plans accordingly.
Vote of Board: Ayes: Latham, Ward, Mu!len, Orlowski
On motion made by Mr. Mullen, seconded by Mr. Ward.
RESOLVED that the Southold Town Planning Board declare themselves le_~d
agency under the State Environmental Quality Review Act for the~-ma~'or .
subdivision of Elijah's Lane Estates, Section 3.
Vote of Board: Ayes: Orlowski, Ward, Mullen, Latham
On motion made by Mr. Mullen, seconded by Mr. Latham
RESOLVED that the Southold Town Planning Board grant'sketch approval
of the Young's Avenue Associates and set Monday, February 8th, 1988 at
7:30 p.m. for a Public Hearing on this minor subdivision. SCTM ~55-2-9.1.
Vote of Board: Ayes: Ward, Latham, Mullen, Orlowski
On motion made by Mr. Latham, seconded by Mr. Mullen
RESOLVED that the Southold Tq~n Planning Board declare themselves lead
agency under the State Environmen[a! Quality Review Act for the
milnor subdivision of Yo-~ng's Avenue Associates.
Vote of Board: Ayes: Latham, Mu!len, Orlowski, Ward.
Planning Board Page 4 January 25, 1988~
On motion made by Mr. Latham, seconded by Mr. Ward
RESOLVED that the Southold Town Planning Board grant sketch approval
for the Mohrin~ Enterprises~ Inc. cluster subdivision for 16 lots on
36.9636 acres located in Mattituck, subject to "The layout of the cluster
subdivision-should be revised to make use of an existing right-of-way.
Please contact this office go set up an appointment to review the re-
quested change."
Vote of Board: Ayes: Ward, Orlowskf, Mullen, Latham.
On a motion made by Mr. Mullen, seconded by Mr. Latham
RESOLVED that the Southold Town Planning Board declare themselves
lead agency under the State Environmental Quality Review Act for
the minor subdivision of Mohring Enterprises, Inc., Mattituck.
Vote of Board: Ayes: ~ui!~n, Latham,~O~lOWski~-Wa~d
On motion made by Mr. Mullen, seconded by Mr. Ward
RESOLVED that the Southold Town Planning Board approve the sketch plan
of DBM for 16 lots on 37.762 acres located in Mattituck. SCTM#1!3-7-19.2.
Subject to "further clarification and resolution of right of way ease-
ment to the Wheeler's property which is otherwise' landlocked."
Vote of Board: Ayes: Ward, Orlowski, Mullen, Latham
On motion made by Mr. Ward, seconded by Mr. Mullen
RESOLVED that the Southold Town Planning Board declare themselves
lead agency under the State Environmental Quality Review Act for
the minor subdivision of DBM, Southold.
Vote of Board: Ayes: Mullen, Latham, Ward, Orlowski
On motion made by Mr. Latham, seconded by Mr. Ward
RESOLVED ~hA~ ~H~ Southold Town Planning Board approve the preliminary
map for Elijah's Lane Section II for 19 lots on 20 acres located at
Elijah~s Lane, Mattituck.
Vote of Board: Ayes: Ward, Orlowski, Mullen, Latham
On motion made by Mr. Latham, seconded by Mr. Ward
NEGATIVE DECLARATION
Pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10
and Chapter 44 of the Code of the Town of Southold, notice is hereb~
given that Southold Town Planning Board as lead agency for the action
described below has determined that the project will not have a signifi~
cant effect on the environment.
Planning Board Page 5 January 25, 1988
On motion made by Mr. Latham, seconded by. Mr. Ward
RESOLVED that the Southold Town Planning Board grant the minor sub-
division of Townsend & Plum Gut a six month extension for the sub-
mission of a final map located at Main Road, Orient for four lots
on fifteen acres.
Vote of Board: Ayes: Ward, Mullen, Latham, Orlowski
On motion made by Mr. Ward, seconded by Mr. Latham
RESOLVED the Southold Town Planning Board accept the Engineers Report
of December 17~ 1987 of Long Pond Estates, Section I - The professional
opinion is we do not recommend the release of the performance bond at
the present time.
Vote of Board: Ayes: Mullen, Latham, Orlowski, Ward
On motion made by Mr. Latham, seconded by Mr. Mullen
RESOLVED that the Southold Town Planning Board deny the subdivision
of Theodore Tratoros and Eraklis Apodiacos. This subdivision has
been denied without prejudice.
Vote of Board: Ayes: Mullen, Latham, Ward, Orlowski
On motion made by Mr. Ward, seconded by Mr. Latham
RESOLVED that the Southold Town Planning Board accept the field
inspection report on the subdivision of Murray/Mohring. Report
as follows: There were three drains installed. There wad puddling
about 10' away from the second drain on the east side. This should
be regraded so that ~he water goes to the drain and does not s%t in
the road. The lawn area on the east side of the road on ~ot ~1 was
cut into by the road and should be stabilized with plantings, and/or
seeding. The pipe for the roof run off from the dwelling~ on Lot #i
should be relocated since it presently puts the run off on to the road.
A barrier should be installed at the end of the road due to the elevation
of 3' above grade. The road should be named and signed with same.
Vote of Board: Ayes: Latham, Orlowski, Ward, Mullen
Planning Board Page 6 January 25, 1988
On motion made by Mr. Latham, seconded by Mr. Mullen
RESOLVED that the Southold Town Planning Board send the §ite plan of
East Wind to the Building Department for certification. The plan is
for alterations to existing building for retail department store
located at New Suffolk. SCTM # 1000-117-8.6.
Vote of Board: Ayes: Mullen, Latham, Ward, Orlowski
On motion made by Mr. Ward, seconded by Mr. Latham
RESOLVED that the Southold Town Planning Board send the site plan of
Peter Luhrs for construction of an addition on an auto repair shop
to the Building Department for certification, subject to receipt of
plan indicating additional landscaping.
Vote of Board: Ayes: Mullen, Orlowski~ Ward, Latham
R & R Associates - Rose and Richard Sahm - Board to review this site
plan located at Southold for a retail store. SCTM #1000u69-6-1.
Mr. Orlowski:
Mr. Lessard:
Mr. Orlowski:
1.
2.
3.
4.
5.
6.
7.
Mr. Lessard do you have any comments?
Yes, they are indicated at the bottom of the page.
~Mr. Lessard's comments are as follows:
Rear subject to flooding and not indicated.
Set backs pre-existing and does not comply.
Public water main not indicated.
No screening indicated
Outside lights, if any, may require shielding.
Outdoor signs not indicated.
239k existing and not required.
When comments are satisfied by the Planning Board then the project can
be certified.
Ms. Scopaz: The board might want to consider simply placing a statement
on the plan that because its an exisiting site that if there are any
further alterations to the site, just so that its on the record that
you reviewed this particular situation, an unusual sitnation, and
you base your decision on the certification, so there is no question
in the future.. For instance if they decide to pave that back entry
way, you might at that time want to require drainage because of flooding
problems.
Mr. Orlowski: O.K. We accept that, in the meantime we will send the
comments over.
On motion made by MC. Ward, seconded by Mr. Latham
RESOLVED that the Southold Town Planning Board to refer~Friendly Restaurant
to the Building Department for certification subject to elimination of the
second easterly curb cut, on Main Road, and additional street trees on the
South.,side of the site. Additional landscaping as follows:
1. Four (4) street trees (silver linden) on Old Main Road.
2. Two (2) trees (green ash) along the east property line adjacent
to the gasoline service station.
Planning Board Page 7 January 25, 1988
3. Three evergreen (8' high) (white pine) on the lawn along
the east property line.
4. Low shrubs between 2 and 3 feet in height shall be placed
parallel to the curbing for the interior parking areas
and paving areas that face State Route 25 and Old Main Road.
The shrubs shall be set back from the curb a distance of
4 to 5 feet. The shrubs shall be planted close enough so as
to form a visual screen of the parking area, within a year
after planting.
The aborvitae screening along the westerly property line
shall be modified as follows:
a. Several species of arborvitae or other suitable
evergreen species shall be used.
b. The plants shall be staggered to the extent
possible, as oppo§ed to being placed in a straight
line.
c. Evergreens are to be placed along the entire length
of the stockade fence and westerly property line to
the lease line; see map.
d~ Arborvitae are to be placed around the south side
of the propane tank.
6. A small tree is to be placed within each of the seven marked
planting areas within the parking area; see map. Recommended
species: Japanese Stewartia
7. Paving and parking may not extend beyond the lease line. Revise
drawings and numbers of parking spaces accordingly.
Vote of Board: Ayes: Latham, Orlowski, Mullen, Ward
On motion made by Mr. Latham, seconded by Mr. Ward
RESOLVED thaf the Southold Town Planning Board make a recommendation
to the Building Department on the issuance of a Certificate of Occupancy
for Pindar Vineyards located in Peconic. The site was inspected.
The car stops and tree guards have been installed as per the approved
site plan. Issuance of a Certification of Occupancy is recommended.
Vote of Board: Ayes: Ward, Latham, Mullen, Orlowski
Tarton Oil - Southold Town Planning Board reviewed this amended site
plan for approval. The plan is for a gas station on County Road 48
in Peconic.
Mr. Orlowski: I don't believe the lighting question has been addressed
yet. Am I right?
Mr. Lessard: I understand they put all new fixtures up there.
Mr. Orlowski: Did they?
Mr. Ward: The lighting is better but there is still quite a bit of
glare. It seems to me that they should either put the shields up
that we asked for originally on every light that's up there or give
us an indication that they will circuit-half only. There is still
Planning Board Page 8 January 25, 1988
a tremendous amount of light.
Mr. William Moore: The lights were all replaced up there with four sided
metal boxes, I've seen an improvement of what had been there. The lighting
problem came about when the canopy got changed from a wooden canopy to the
metal canopy and the length of the sides that came down were different. I
met with Valerie and explained the proposal and I got the go ahead from her
by letter. It was my understanding that we could go ahead and do that
to change these lights as we have done. Every light on that site is now
a four sided boxes with a single sided lens drawing light directly downward.
That was in lieu of a recommended shield I think of eight inches around the
perimeter and I"m not even sure that would have solved the problem given the
grade.
Mr. Ward: We recommended shielding with each lens.
Mr. Moore: Might have found that light with a perimeter shield of eight
inches.
Mr. Ward: As far as getting a blanket approval on it there is no such
thing from this board. We were interested to see it and what I see is
there is still a lot of lights.
Mr. Moore: What we have to deal with then that the authority which you
are willing to grant to your Town Planner in the conversation that you
request her to have these builders, developers - - -
Ms. Scopaz: I would like to clarify that. The day that we had that
conservation, you said that your client was not willing to shield the
lights that it was too expensive to do that and that instead, it would
be much cheaper to go out and buy new lights. I said at the time I
would have to check back with the board, and I said if your client feels
that would solve the problem will go with that. The second issue is
I believe you have been given a deadline and the deadline has not been
met, the problem was that some of the lights had been smashed in route.
At that time I again made a suggestion that the client consider only
putting up half of the lights which is what they had on the site at the
time because I knew that the board desired the lowering the volume of
the lights and I said that to you again, I said "please my recommenda-
tion to you is that you go with the lights you have and not put the
rest of them up"and you said "well I don't know if my clients would
like that." I want to clarify that point for the record. Thank yon.
Mr. Moore: I would ask that if you haven't inspected the site that'
you do so and notice the marked improvement. I believe it does solve
the problem, I don't know the extent of the light that is thrown across
the street, at least across 48 that that is in anyway solved by which
that house sits below grade in any event. If it was a misunderstanding
with you Valerie I apO!igize, I tried confirming these things in a
letter and if I was wrong that may well be, however, the attempt was
made to solve the problem and I would ask that you consider that
attempt as a tremendous amount of money has been spent on that site
to make it look far more than a typical gas station grease pit.
We went ahead with perhaps my misunderstanding that the light problem
would be solved by doing that which we did.
Page 9 January 25, 1988
Rlanning Board
Mr. Orlowski: O.K. I believe we should take a look. Mr. Ward do you
want to make any comments?
Mr. Ward: My particular comments for the record is that I believe the
problem would be solved if they left half the lights on at a time or
put the shields on the lights. I've been there a couple of nights
in the last week tc look at it and I agree it is an improvement but
it is still not solving the intent that we are trying to solve.
Mr. Latham: Well, there are improved sub-divisions to the East too,
and that will be involved in more houses across the street I'm sure.
Mr. Orlowski: I think this board has had a problem with those lights
since 1986, and a big problem. We have asked that they be shielded
and we're calling it on site lighting.
Mr. Moore: That was the justification that the company that manufactured
those lights didn't even have in existence the style of the lights that
is now there. The client's were originally trying to argue and fight
for the lights which are now there. The client's were originally trying
to argue and fight they wanted to bring in lights that would show in
fact that the lighting zone off the property was not a huge amount.
The lighting company came out and they did a full light study for them
with their meters and everything else. One of the things you mentioned
is that it is an undeveloped area out there so any lights you do have
are noticeable. The company came back with their improved lights, my
feeling is I believe that solves your/problem. You're the board so
you have to make that determination. We certainly don't want to have
the client penalized in any way. If it's mY understanding with your
conversation with Valerie and then letters that I wrote in confirmation
of that conversation weren't clear or were not correct I would hope
you would not hold that against the applicant. Please examine the site
and I think you will find the lighting problem has been solved, I don't
know that the shields are really necessary.
Mr. Orlowski: Well, this board will take another look .
Mr. Mullen: I would also like to point out if I may that its not truly
a gas station but a 7-Eleven. They are selling everything from charcoal
briquets to stockings and hot dogs. There is no bargain there, I think
we ought to direct our attention into looking into this to prevent a
reoccnrence. It is a profit gas station, t intend to go back there
again and take an inventory of what they are selling its very, very
broad.
Mr. Moore: This board has granted site plan approval for.this,store
with a convenience store back in 1986 and'we'-went through a list of
types of things that would be sold there and it is in a business
zone.
Planning Board
Page 10
January 25, 1988
Mr. Mullen: Yes but it has exceeded what we discussed at the time.
Grossly exceeded. Counselor, you were not here at the time. I
particularly went through~this inventory situation and he assured
us what he was going to have so I have every intention of going
back through the records and check him out.
Mr. Moore: I was hear at the tail end of that site plan approval
and a comment was made that it is a business zoned and we did
limit and we contended to a limitation of the type of items to
be sold there and not requiring Suffolk County Health Department
approval. I believe prepared food was accessible to my client and your
site plan approval and your site plan approval had that subject in
there.
Mr. Orlowski: Do they sell food there?
Mr. Moore: Not prepared food. They have the microwave sandwiches
which do not require the health department approval. They don't sell
prepared food there as far as I know.
Mr. Orlowski: Stuart sandwiches don't require health department approval?
Mr. Moore: I don't believe so.
Mr. Orlowski: They should be lethal weapons.
Mr. Moore: I don't make a practice of eating Stuart sandwiches.
Mr. Mullen: Have you been in the store to take a look at what they have?
Mr. Moore: Yes I have.
Mr. Orlowski: O.K., we'll take a look at it. I think we will have to sit
down and discuss this on-site lighting. We have a shopping center now
that is not even open that is lighting up the whole East End. The North
East end of Southotd Village. I don't like that lighting up there and
I don't think we should approve that one. I would like to put that in
the minutes that we will be discussing it. We have to find out how to
ease that light problem up there, they are left on all night long.
Mr. Ward: I have to say one thing about with Tarton Oil, there has been
a marked improvement when the station isn't open they are turned off.
On motion made by Mr. Ward, seconded by Mr. Latham
RESOLVED to recommend to the Southold Town Planning Board the denial
of the site plan of the Quiet Man, located at Main Road, Southold.
SCTM # 1000-62-3-7.
Vote of Board: Ayes: Latham, Orlowski, Ward, Mullen
Planning Board
Page 11
January 25, 1988
On motion made by Mr. WArd, seconded by Mr. Latham
RESOLVED that the Southold Town Planning Board approve and refe~
site plan of Henry J. Smith, located in Peconic, to the Southold
Building Department subject to the guarantee of the following
comments requested by the Board of Appeals: 1. The property must be remerged
2. There will not be any access from Carol Avenue
3. Appropriate screening and lighting.
Vote of Board: Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr.
On motion made by Mr. Mullen, seconded by Mr. Ward
RESOLVED that the Southold Town Planning Board approve the Cha
of Zone Petition for Southold Villas, Inc. for "A" Residential
Agricultural District to "AHD" Affordable Housing District on ti
west side of Route 25 in Sonthold.
Vote of Board:. Ayes: Mr. Ward, Mr. Mullen, Mr. Orlowski
Abstained: --Mr. Latham
Being no further business to come before the Board, on motion
Mr. Mullen, seconded by Mr. Latham, and carried the meeting was
at 8:30 p.m..
Respectfully submi
~ennett Orlowskl, Jr
Chairman
the
Town
Lllen
Lnd
Le
~de by
adjourned
tted,
Jane Rousseau
TEMPORARY_secretary
Southold Planning Board
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLF. RK
Town Clerk, Town of Sou~ld