Loading...
HomeMy WebLinkAboutPB-02/22/1988Southold, N.Y 11971 (516) 765-1938 February 22, 1988 The Southold Town Planning Board held a regular meeting on Monday, February 22, 1988 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold. PRESENT WERE: Chairman Bennett Orlowski,Jr. Member G. Ritchie Latham,Jr. Member Richard G. War~ Town Planner Valerie Scopaz Planner Melisa Spiro Secretary Jill Thorp ABSENT: Member William Mullen,Jr. Member Kenneth Edwards 7:30 p.m. Public Hearing on the question of preliminary approval of the major subdivision of Elijah's Lane, Section 2. This proposal is for 19 lots on 20 acres located at Elijah's Lane, Mattituck. SCTM ~ 1000-108-4-7.1. Mr. Orlowski: Are there any objections to this major subdivision? Hearing none are there any endorsements on this major subdivisions? Mr. Popkin: Mr. Chairman my name is Irwin Popkin, I am one of the owners of the property, with me is Charles Behrendt of Burton, Hand, Behrendt, and Smith, the Engineer's who were kind enough to draw the map for us. At the out set I'd like to say is that in our opinion the map meets all of the zoning requirements and as you may recall this map had preliminary approval back in 1974. This Board is being asked again to grant preliminary approval to the map. If there are any questions we will be happy to answer them. Thank You. Mr. Orlowski: Are there any other endorsements of this major subdivision? Hearing none, is there any one out there that is neither pro nor con but may have any information that is of interest to the Board? Any questions from the Board? Mr. Latham? Planning Board 2/22/88 Mr. Latham: No. Mr. Ward? Mr. Ward: NO. Ms. Scopaz? Ms. Scopaz: No, I just want to mention that the applicant has revised the proposed road layout and the grading and drainage that has been set by the Town Engineers. So he's made every effort to comply with the Plannigg Board request What we are doing here is standard procedure, for changes. Mr. Orlowski: O.K., being no further questions I will declare this hearing closed and thank you for coming. Mr. Orlowski: Board to set Monday, March 7, 1988, at Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meetS.rig. Mr. Ward: So moved. Mr. Latham: Seconded. Mr. Orlowski: Motion made and se~onded and questions on the motion? All those in favor? RESOLVED that the Southold Town ~lanning Board set Monday, March 7, 1988 at the Southold Town Hall, Main Road, Southold as the time and place for the next requ%ar Planning Board meeting. Vote of the Board; Ayes: Orlowskl, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Also at this time we can set the meeting for the 21st if that is O.K. Mr. Ward: So moved. Mr. Latham: Seconded. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Board set the Monday, March 21, 1988 at the Southold Town Hall, Main Road, Southold as the time and place for a regular meeting. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Planning Board 2/22/88 Mr. Orlowski: Board to approve the minutes of the regular meeting of January 25, 1988. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: We do have a slight amendment here. Its on page 3 and its in regard to Elijah~s Lane Estates we have down minor and it should be major. Take a motion to amend this in the minutes. Mr. Latham: I'll move that. Mr.1 Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Resolved that the Southold Town Planning Board amend the minutes of January 25, 1988. Page 3, regarding Elijah's Lane.To Change minor to major. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. We will now entertain the motion to approve. Mr. Latham: So moved. Mr. Ward: second. Mr.Orlowski: Motion made and seconded. Any question on the motion? All those in favor? RESOLVED that the Southold Town Planning Board approve the minutes of January 25, 1988. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Subdivision finals, Board to take action on this set-off of 28,098 square feet from 1.274 acres located off Stillwater Avenuein Cutchogue. This was denied by the ZBA. Since it is an under sized lot and has not received a variance I think at this time the Board could deny without prejudice. I believe the problem was with the water. They can reapply when they have good water. Mr. Ward: So moved. Mr. Latham: I seconded that. Mr. Orlowski: Motion made and seconded to deny without prejudice. Any questions on the motion? All those in favor? Planning Board 2/22/88 RESOLVED that the Southold Town Board deny the set-off of 28,098 square feet from 1.274 acres located off stiltwater Avenue in Cutchogue. SCTM ~ 1000-103-7-7. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Anthony and Sally Pirrera-Board to set Monday, March 21, 1988, at 7:45 p.m. for a Public Hearing on the final approval of this minor subdivision. SCTM $ 1000-40-1-20. This was approved by the ZBA on the 2nd of February. Could we do this on the 7th? Ms. Spiro: yes. you can. Mr. Orlowski: Would you like to change that to the 7th. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded to hold it on the 7th. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board. set Monday, March 7, 1988, at 7:45 P.M. for a P,,blic Hearing on the final approval of this minor subdivision. vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Elijah's Lane, Section 2-Board to take lead agency under the State Environmental Quality Review Act. This is the one we just had a public hearing on. Mr. Latham: So moved. Mr. Ward: Second Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board take Lead agency under the State Environmental Quality Review Act. This proposal is for 19 lots on 20 acres located at Elijah's Lane, Mattituck. SCTM $ 1000-108-4-7.1. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Planning Board 2/22/88 Mr. Orlowski: Wolf Pit Associates-Board to set Monday, March 7, 1988, at 7:30 p.m. for a public Hearing on the preliminary approval of this major subdivision located at the Southwesterly corner of Mill Road and Mill Lane, Mattituck. SCTM ~ 1000-107-4-21. Mr. Latham: I'll move it. Mr. Ward: Second Mr. Orlowski: Motion made and seconded. Any question on the motion? All those in favor? RESOLVED that the Southold Town Planning Board set Monday, March 7, 1988, at 7:30 p.m. for a PuBlic Hearing on the preliminary approval of this major subdivision located at the Southwesterly corner of Mill Road and Mill Lane, Mattituck. SCTM $ 1000-107-4-21. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Olowski: Opposed? So ordered. Mr. Orlowski: Next we have Rego Estates-Board~to take action on the sketch map for this major subdivision. This proposal is for 19 lots on 44.376 acres with access off Sound View Avenue and the North Road in Southold. SCTM ~ 1000-51-3-3. Sidney Bowne's has reviewed this map and has some comments coming but nothing major. We can approve the sketch subject to those comments. Mr. Ward: Let me see the map. Mr. Rego: My name is Neil Rego, ~his has been renamed Chardiney Woods and I have my engineer and my new land surveyerMr. Boleck here. Mr. Deluca had been running this particular subdivision for me and I got into it rather recently. There was sketch map approval back in May and there has been a lot of kicking back and fourth certainly not the fault of this Board. There is just a question, we have been going over some of the reco~m~ndations as to the drainage and Mr. Brown is suggesting that I take enough of the drainage in that it would really be enough for 100 acres. It poses a little bit of a hardship obviously, looking at it from that basis. So, I was wondering if we could discuss the feeling that the Board has on these recommendation. What I'd like to do is to reach some sort of an agreement as to what you need or what you would require so we could continue on with the Mr. Orlowski: Mr. Brown is the engineer and he makes the reco~,~,endations and it would not do any good to sit here and talk because he is the engineer for us. Planning Board 2/22/88 Mr. Rego: O.K. do we discuss that directly with him? Mr. Orlowski: You would. If there is a problem and you want to work it out with him we will hold sketch approval till that time. Mr. Rego: That's fair enough. Mr. Boleck: Can these problems be ironed out during the preliminary phase rather than the sketch plan? Mr. Orlowski: Is it only the drainage you have a problem with? Mr. Boleck: Yes, primarily the drainage and the reconstruction of north... Mr. Ward: Do you have sketch approval? Mr. Orlowski: Not on an old map. Mr. Ward : Has the sketch changed? Mr. Rego: No, not since the approval that I got. we are not looking in any change in the concept, the road layouts etc.,its primarily an engineering aspect that could be addressed at the preliminary. Mr. Ward: I do not see any problem with it, do you? Mr. Orlowski: Not with the layout. Mr. Rego: Then Mr. Boleck would continue his discussion with Mr. Brown. Mr. Orlowski: Yes, I believe you have an application and the money is in. Mr. Rego: The application was filed, the money is in. Mr. Orlowski: O.K. Mr. Ward: So moved Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board approve sketch map for this major subdivision subject to Sidney Bowne's comments. This proposal is for 19 lots on 44.376 acres with access off Sound View Avenue and the North Road in Southold Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Planning Board 2/22/88 Mr. Orlowski: Extensions: Cliffside-Board to extend the Public Comment period to February 26, 1988. This proposal is for a 74 unit motel on 7 acre off CR 48, east of Chapel Lane, Greenport. SCTM ~ 1000-45-1-1. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board extend the Public Comment period to February 26, 1988. This proposal is for a 74 unit motel on 7 acre off CR 48, east of Chapel Lane, Greenport. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have Harbor View Estates-Board to extend Letter of Credit. SCTM $ 1000-115-17-17. Ms. Scopaz do you have any comments on the work being done at Harbor View? Ms. Scopaz: Yes, I have some memos to the Board. Apparently they have started road construction. What they have done so far is they have cleared the right-of-way and scrap~, the top soil off. They have gone down quite a depth. We did not have a tape measure with us, but Ray Dean estimated that it might be as much as a foot that they have gone down or more in some places. The problem with this is the paved portion of the right-of-way that they are building will be 28 feet wide. They've Building the road with the drainage swale. The trees are 30 feet apart which meant that there will only be 2 feet between the edge of the roadbed and the trees and the developer has requested of Ray Dean, as a representative of Sidney Bowne, that they be allowed, that they just be able to take all the trees down. I walked the property with Ray and I don't think its necessary that they "go quite that far". I am suggesting two things; one is that the developer never prepared a road profile showing the existing and proposed grading of the road and showing the location of the trees in relation to the road and also elevation wise. What I suggest before they proceed any further to send you a copy of what ever plans they are using and let us send them for review to Sidney Bowne. That would be the first thing. The second thing is with regard to the trees. The developer's contention was that the trees were in such poor shape that it would just be easier to take them down. I think some of the trees probably do need to be pruned. I think what they should do is call in a tree expert and ask for some sort of work plan and let him make his reco~endation as to which trees can be salvaged through careful pruning and which trees should be removed and to specify them on this road profile plan which shows the trees. Then also have the same person make some recommendation to the road construction crew can protect the roots of the trees that do stay there. I think the Board is within its power to ask for that since it was Planning Board 2/22/88 a conditional approval that they try to retain the trees. That they ask for some sort of written plan as in how to proceed and have some entry of review so you have some in put into it. The memo before you just itemizes those two things. Mr. Orlowski: I think that we can entertain the motion to send this onto the developer and recommend compliance and eccept it as a report from you. Mr. Ward: So moved. Mr. Latham: Seconded. Mr. Orlwoski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board send a report to the developer and recoim~lend to eccept and comply. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Also a motion to extend the Letter of Credit. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any question on the motion? All those in favor? RESOLVED that the Southold Town Planning Board extend the Letter Of Credit from February 22, 1988 to December 20, 1988. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So Ordered. ************************* Mr. Orlowski: Next we have Arthur Junge-Board to send this site plan to the Building Department for certification. This proposal is for a light industrial building located off CR 48 in Cutchogue. SCTM ~ 1000-96-1-19. Everything is in order to send it over for certification. He turned the building and lay it out the way we wanted him to. The only thing we are missing is where the sign will go. I believe that can be put on there before final approval. Mr. Latham: Send it over to them. Mr. Ward: Second. Mr. Olrowski: Motion made and seconded. Any questions on the motion? All those in favor? Planning Board 2/22/88 RESOLVED that the Southold Town Planning Board send this site plan to the Building Department for certification. This proposal is for a light industrial building located off CR 48 in Cuthogue. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have Peter Luhrs-Board to take action on this site plan for construction of an addition on an auto repair shop off CR 48 in Southold. SCTM ~ 1000-55-2-17. This has been certified by the Building Department. Mr. Ward: I'll move for approval. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? We know Mr. Luhrs will shield all lighting so its on site before he gets a final CO. Mr. Luhrs: I don't have that much lighting. Mr. Orlowski: I did not think so. Motion made and seConded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board take action on this site plan survey dated October 9, 1987, amended February 22, 1988 for construction of an addition on an auto repair shop off CR 48 in Southold. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have Rose and Richard Sahm-Board to send this site plan to the Building Department for certification, subject to receipt of plan indicating the location of the sign and the location of the public water service. This proposal is located off Main Road in Southold. SCTM ~ 1000-63-6-1. Mr. Strang: Good Evening, I just want to strain a point before you take an action on that. At the conclusion of the last meeting that I was present at, the Board had asked me to address some question that Mr. Lessard had brought up at the last time it was sent over for certification. He and I had a meeting,I'm sorry he is not here tonight because he could p~ob~hl¥ clarify this further, but he and I had a meeting at which we went over each item he brought up. His position , as I understood it, was such that the items he brought up where strictly advisory to the Board and that his position was that the plan, given the fact that it was existing and there~was no changes being, made to it, was in his opinion certifiable, subject to the Board's comments on the points he brought up and if those points were addressed Planning Board 2/22/88 and Board was in acceptance with the way they were addressed that the plan could be considered certified, and actual approval can be made. What were trying to do obviously is not delay this any further. It had already been referred to Mr. Lessard for certification. I think that is what he was attempting to say in his letter of February 10th to the Board. Rather to bounce it back into his court and bounce it back here again, I guess I was under the impression that it was basically he felt that it could be certified as long as the Board was satisfied in the responses we made to his questions. Mr. Ward: Did Valerie have any comments? Ms. Scopaz: No. Mr. Orlowski: Victor gave us a page and a half of writing here and on the bottom he says, when the Planninq Board addresses these comments to there satisfaction a site ~lan can be considered. What ever the hell that means, I don't know. Mr. Strang: Ail I can say is the outcome of my meeting is that he was in the position well it is certified as long as they're happy with these comments were strictly in an advisory capacity subject to being approved by him in order to have certification. Mr. Orlowski: Well I think the biggest question is that the ground sign and sales area. That you have drawn in here but I am sure you will get amended. Mr. Strang: I have hand written on there as such I will have this. Since we did not prepare a formal site plan since there was no change to the site plan we worked from the survey that was prepared from Mr. Van Tuyl, basically submitting the existing conditions. The additional information the ~Board required I hand wrote on, I will have Mr. Van Tuyl put that on his map and submit as many copies to the Board that is required. Ms. Scopaz: Mr. Chairman, perhaps if I could just give some background. Victor Lessard was attempting to point out some items to the Board which he felt the Board might wish to consider before he granted certification. What I suqgest is those two items that are mentioned; basically the sign location and the public water service being noted on the map. If those are your only main objections that, after Mr. Strang has that changed you send a letter with the survey back to Mr. Lessard saying that this meets with your concerns and if it meets with his then at least you're coJLmlunicating with him that you considered his concerns and considered them; that only of those two needed to be addressed. That might be one way to clear up the confusion. ~r. Orlowski: So I don't have to look at this again, do want to approve this subject to? Mr. Ward: So moved. Mr. Latham: Second. Planning Board 2/22/88 Mr. Orlowski: The changes and Mr. Lessard certification. Is that alright? Mr. Latham: Absolutely. Mr. Strang: Thank you very much. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board send this site plan to the Building Department for certification, subject to receipt of plan indicating the location of the sign and the location of the public water service. This proposal is located off Main Road in Southold. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have change of zones. Griswold-Terry-Glover Post No. 803-Board to review this change of Zone petition for the proposed change from "A" Residential and Agricultural District to "B" Light Business District on the property located on the west side of Route 25, south side Tuckers Lane, Southold. SCTM ~ 1000-63-6-1. This is the American Legion Hall. Mr. Mann: Mr. Chairman may I speak on behalf of this. Mr. Orlowski: Yes you may, stand to the mike and... Mr. Mann: My name is Russell E. Mann and I member of the American Legion in Southold and I didn't learn ~hout the fact that this would be on the agenda tonight till about 4:15 so I would have had several other members with me. The only reason I want to comment on this is that we are a civic group, we do a lot of things, we have given 6o thousand dollars to the retarded kids over the years, we have Boy Scouts and Girl Scouts meet at the Post. We contribute money to them. We have the Sunshine Society meet at the <post. The Hospital rents the Hall for their affairs, but we always donate their rentals back to them so we donate the Hall to them. Hospice meets at our Post. We give money to child welfare. We give money to volunteer ambulance services. We conduct a Boys Day, which is a legion youths citizenship association. We give money to the local school's scholarships, we have a young peoples baseball, which we contribute about 12,000. dollars a year and so forth. I could probably go on for another half hour but I don't want to bore you. The Legion bought the Post in 1947. I looked up the deed and all that. Ever since then the Post has been functioning the way it is now functioning, in that we have barbecues and fund- raising affairs in order to support all these things in which I bored you by reciting one by one. So all that we are asking is that we be allowed to be continue to do what we have been doing in the past for forty one years at this particular location. We Planning Board 2/22/88 have been told from time to time that we can continue to do what we are doing because we do it under non-conforming use. However, in recent years as you know, bureaucracy is changing. Recently we almost were disallowed to have an auction because we had had a previous auction that same year. We had to come down to the Town Hall and we got permission to have a second and third auction. But if all the rules where applied, most of our functions would not be allowed and then we would be out of business. We could not do what we have been doing for the last forty one years and we think we do preform services for the community. I thank you for your time and I hope I haven't stretched your meeting out to long. Mr. Orlowski: No, that's O.K. What's the Board's pleasure? Mr. Ward: Why is the Post requesting the change of zone? Mr. Mann: Because of if we were to conform with all the rules and laws that regulate residential areas we couldn't have the barbecues and we couldn't have most of the things we do there. We have been advised from time to time over the years that we have been doing it because its been done under nonconforming use. This one incident about an auction, we had a auction and when we tried to have a second auction, the person who rented the Hall tried to have it, he was told that the legion had one auction and they are only allowed to have one auction a year. I couldn't get rental from the person who wanted to rent it. That is just one instance and there are a whole mul~titude of things that we couldn't do. If all the rules where applied, most of our fund raising activitys would be disallowed. That is why we want to rezone, it so. we can continue to do what we have been doing for the past forty one years. If we had insurance, if we went to the Supervisor and we got the nonconfo£ming use on this auction and he said you can do all these things on a nonconforming basis. We said O.K. Frank would you please sign a letter saying that we can do all these things and we will list them and we can do them for the next ten years and he said "no, I can't do that." I don't blame him. I wouldn't do that if I where supervisor either. By the same token, if we don't have something just by the normal application of the existing rules, we would be out of business. We couldn't do what we have been doing for the last 41 years. Mr. Orlowski: O.K. What is the reco~m~endation to the Town Board? Ms. Scopaz: Mr. Chairman, may I address a question? Does the legion have any plans to broaden, in other words, the range of activities that you have mentioned. Do you have any plans to expand that? Mr. Mann: No,no I am on the Board since, 20 years I guess maybe 25 years. We just want to continue to do, we could do more of what we have been doing. In other words if we had a dance every third week we might have a dance every second week. I mean we are not going to go into business per se. We don't need money, except to do the things we are doing. Planning Board 2/22/88 Ms. Scopaz: So what you're saying is the frequency with which events are held, for instance, catered affairs or dances, might be held more frequently. Mr. Mann: Actually, the frequency now is Drobably half of what it was five years ago. So most you might expect is that it would escalate back to where it was. We used to have in 26 weeks we would have 20 events; now were down to 10 or 12. Hopefully we can get back to up to 20. Ms. Scopaz: What? Two events a month? Mr. Mann: Two a month now would be ~hout average. Ms. Scopaz: When you rent the Hall out for catering, is it for a profit or how does that work? Mr. Mann: Yes, we try to make a profit on it mostly to pay the insurance. Our insurance is escalated unbelievably and with the oil and electric the past ten years, those are just two items that are choking us. We just can't keep up with it. We ran a couple of raffles. I guess that's illegal, but we ran the raffles to raise money to pay some of the bills. We are not looking to make a lot of money. We are like a fraternity. We enjoy a comradeship. When we have an affair, we kick in for our own entertainment. A big part of what we do is civic work that we do. No, we don't have any plans to expand in running a big business. It would not do anybody any good. ~ere would the property go? We don't have stock holders, we don't have any principals. It's only the membership and the membership can kick in for its entertainment. It's just a civic group for civic service and if we can't do what we have been doing, we really can't keep the building up. That is why we are asking. If they disallow, what they could easily disallow we would be dead in the water. Ms. Scopaz: The reason for my question to Mr. Mann is my only concern is that ten or twenty years down the road if the American Legion ever decided no~ to continue to do the good work for the community and the organization decidsd to sell the property, that the business zone will allow this building to be turned into a retail office complex or something of that sort. We all know that this is a bad intersection as far as traffic is concerned and it is also a neighborhood that is completely surrounded by residential use. I have no objection to the reasons behind it; why they need to do it. I think the Town should protect themselves, I don't know how, by insuring that in the future that this will not become developed as a commercial property. Mr. Orlowski: O.K. Mr. Ward has a motion. Mr. Ward: Mr. Chairman I move that we support the Griswold-Terry-Glover Post No. 803 request for change of zone but there be a reverter clause in that change of zone. Which that if the Post ceases to exist and wants to sell the property and does in fact sell the property that the zone would revert Planning Board 2/22/88 back to residential. This would provide for them the need that they have at the present time to operate in the zone that they wish to operate in, would not restrict their business activities. In looking at our Master Plan and the long range use of that particular site, we would like to see a change of zone come back in at that time for us to review rather than have to deal with a business zone and fait accompli. So with that as a motion I so move. Mr. Latham: Seconded. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board recommend to the Town Board for the change of zone for the Griswold-Terry-Glover Post No. 803 from "A" Residential and Agricultural District to "B" Light Business District on certain property located on the west side of Main (Route 25) Road, south side Tuckers Lane, Southold, subject to the following condition: If the current use of the property as an American Legion Post ceases to exist the parcel would revert back to a residential zone. Vote of the Board;Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have East Marion Woods-Board to discuss grading and drainage plans. There is nobody here representing East Marion Woods, but our engineers have some recommendations on the drainage. They wanted to dispute some of these recommendations. I believe some of the drainage that we would like installed on Rocky Point, Road Sidney Bowne and Mr. Jacobs have both agreed that they would like to see it there. The applicant feels that they have done enough and feels that they don't have to do any more. Mr. Ward: Mr. Chairman I move that we request compliance with the engineer's reco~,~endation and so notify the develOPer. The plain? case, here, is that this is an existing road. He is developing no road. The least he can do is that he could provide some adequate drainage on a existing road. Mr. Orlowski: O.K. I am not sure what the applicant is talking about. I will just read you this letter here. This is a response of your letter of October 16th, enclosing a letter of Sidney Bowne dated August 31,1987, relative to drainage on ~bove subdivision. I enclosed copies of my complete file on this question. It appears to me that this has been requested, provided and approved. It doesn't appear to be as of yet. Planning Board 2/22/88 I just wanted to remind, you should recall that this subdivision is a matter that is in process of litigation and we request final approval in accordance with the said approvals. I do believe what were asking in drainage is not that much. Mr. Latham: Dick made it, I'll second it. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board accept and request compliance with the engineers report. Vote of the Board; Ayes: Orlowski,Latham,Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: There is nothing left on your agendas I know, but we have a few here. Winds Way, do you have a few comments on that Vaterie? Ms. Scopaz: Yes, I inspected the property with Ray Dean. Victor Lessard had also brought to my attention, as well as Ray Dean that there was some concern about the drainage culvert that had been constructed on this property. At the time of final approval, the Planning Board had requeste~ th~a~.~he drainage culvert be built to handle all the storm water runoff from the field to the west. There is a farm field on higher ground to the west. A good deal of the water runs off the farm into a wooded drainage swale to directly to the west of this property and continues across the property to the tidal wetlands to the east. The culvert is constructed in accordance with the plan that is shown there. However, the opening in the retainin~ wall, where the water is to drain into the culvert pipe, is maybe between a foot to two foot off the ground and there is some concern as to whether what will happen if there will be ponding behind that wall. I recommended to Ray Dean subject to approval by this Board, that he keep a close eye on it as the road is being constructed. I think that it's difinately an engineering problem. Its a technical problem that has originated in the field that, I think, Ray Dean, as a representative, as the Town engineer, should be able to authorize the developer to do whatever is necessary, to make whatever changes may be necessary in the field depending on what he finds as a result of what he finds in keeping an eye on the drainage. Mr. Orlowski: O.K. Is that alright with the Board, we will send Sidney Bowne out to check it out? Mr. Ward: There may in fact be some advantage to having that pond, as long as its a small ponding area, to keep debris and everything out of that pipe. Ms. Scopaz: There might be, one of the concerns is the way the wall, the edge of the retaining wall, meets the slope of the Planning Board 2/22/88 ground; is whether the water will indeed go down or shoot over the edge of the wall. So that is something that we will have to keep an eye on. If that problem develops they may need to put, extend the wall a little bit, make it a little bit higher. I think it's an engineering problem, I don't see any need to treat it as anything other than that. Mr. Orlowski: O.K. any other questions? Mr. Ward: So moved. Mr. Orlowski: Motion made and seconded. I seconded it. Ail those in favor? Resolved that the Southold Town Planning Board send Sidney Bowne out to keep an eye on the drainage at Winds Way. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Being no further business to come before the Board, on a motion made by Mr. Latham, seconded by Mr. Ward, and carried, the meeting was adjourned at 8:25 p.m. Respectfully submitted Jill M. Thorp, Secreta] Southold Town Planning Bennet Or-~wski, Jr. C~an T '~ Cle:k, Town