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HomeMy WebLinkAboutPB-06/20/1988Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PLANNING BOARD MINUTES JUNE 20, 1988 The Southold Town Planning Board held a regular meeting on Monday, June 20, 1988 at 7:39 p.m. at the Southold Town Hall, Main Road, Southold. PRESENT WERE: Bennett Orlowski,Jro, Chairman Member William Mullen Member G. Ritchie Latham Member Richard G. Ward Member Kenneth Edwards Town Planner Valerie Scopaz Assistant Planner Melissa Spire Secretary Jill Thorp 7:30 p.m. Good Evening. I would like to call this meeting to order. First order of business is a public on the question of final approval on the minor subdivision of RPIR Realty Co. This parcel is on ~2.6351 acres located at Kenny's Road at Southold. At this time we have proof of publication in the Suffolk Times and also in the Long Island Traveler/Watchman. Everything is in order for a final hearing. I will ask if there are any objections to this minor subdivision? Hearing none, are there any endorsements? Hearing none, is there anyone Out there 'that is neither pro nor con but may have some information pertaining to this subdivision that may have interest to the Board? Hearing none, any questions from the Board? Board: None Mr. OrlowSki: No further questions I will declare this hearing closed. ' Mr. Orlowski: Board to set Monday, July 11, 1988 at 7:30 as the time and place for the next regular Planning Board meeting. Planning Board Page 2 June 20, 1988 Mr. Mullen: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have Henry Lytle- Board to take final action on this subdivision map dated as amended November 12, 1987 s~hject to compliance with the Suffolk County Planning Commission Report dated June 2, 1988. This parcel is for two lots on 9.06 acres located at Peconic. SCTM ~1000-68-1-13. What is the pleasure of the Board? Mr. Latham: I'll move it subject to. Mr. Multen: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Vote of the Board;Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Youn~'s Avenue Development Association- Board to take final action on this mino~ subdivision, map dated as amended February 4, 1988, subject to compliance with the Suffolk County Planning Commission report dated June 2, 198~. This parcel is on 20.9955 acres located at Southold. SCTM ~1000-55-2-9.1. What is the pleasure of the Board? Mr. Mullen: Move subject to compliance with the County's recommendations. Mr. Ward: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Greenfield Estates- Board to take action on the sketch plan for this major subdivision on 46.5712 acres located at Cutchogue. Also the Board to declare itself Lead Agency under Planning Board Page 3 June 20, 1988 the State Environmental Quality Review Act. What is the pleasure of the Board in regards to SEQRA. Mr. Latham: I move it. Mr. Mullen: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. With a little bit of angling on the tap road, is a recommendation we can make to the Engineer. I think everything is order for sketch. What is the pleasure of the Board? Mr. Latham: I'll move it. Mr. Mullen: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Site Plans: The Church of Transfiguration of Christ- Board to make a recommendation to the ZBA on the final map. Approval will be subject to submission of revised maps showing street trees, 40 feet at center, on Breakwater Road and drainage plans for the parking lot and building addition. This is at the Zoning Board for a special exception. I think they are waiting for our reco~m~endationo Right now all that we can do is make that recommendation. That is all we are looking for. We do not have any other recommendations or comments at this time. I would like to make it a recon~endation to the ZBA at this time. I make a motion sending this report over stating what we are looking for. SCTM ~1000-106-9-6.1. Mr. Mullen: So moved subject to the submission. Mr. Latham: Seconded. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Planning Board Page 4 June 20, 1988 Mr. Orlowski: Angel Shores- Board to send the Draft Environmental Impact Statement to David Emilita, Planning Consultant, for his review. This parcel is on 40.5 acres at Southold. SCTM %1000-88-6-1,4,5. Mr. Mullen: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Walter L. Grabie, Jr.- Board to make a determination under the State Environmental Quality Review Act. This parcel is located on the Main Road at Mattituck, SCTM 91000-114-11-7.1 & 9. At this time, since there seems to be no environmental problem here, we can do an uncoordinated review. Since it is an unlisted action, it will have no effect on the environment. I make that motion° Mr. Latham: t will second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Sallie Wells- Board to make a determination on this set-off under the State Environmental Quality Review Act. This parcel is on 17.8769 acres located at Mattituck. SCTM ~1000-113-13-p/o 1. What is the pleasure of the Board. Everything is in order for a negative dec. Mr. Laths]u: I'll move that. Mr. Mullen: Seconded. Mr. Orlowski: Motion made ~and seconded. Any questions on the motion? All those in favor? Vote Of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Planning Board Page 5 June 20, 1988 Mr. Orlowski: Walsh Park- Board to declare lead agency under the State Environmental Quality Review Act. This parcel is on 25.96 acres located at Fishers Island. SCTM ~1000-6-2-3.1. Mr. Latham: So moved. Mr. Mullen: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Also I would like to request that revised yield maps be handed in locating the staking of the wetlands. Also the surveys must be signed. We will send that request to the applicant. Mr. Orlowski: The Cove at Southold- Board to accept and request compliance with the Engineer's report dated June 7, 1988. This site plan is located at Main Bayveiw, Southold. SCTM ~1000-87-5-20. Mr. Mullen: Recommend compliance. Mr. Latham: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mutlen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: The Shoppes at Southold- Board to discuss the Engineer's report dated. June 16, 1988. This site plan is located on Cox Neck Road at Mattituck. SCTM $1000-121-2-1. Scott Accardo: Good evening. Mr. Orlowski: Good evening. Everything is order to send this over for certification requesting the correct scale on this map. But I am sure Mr. Lessard will not let anything go by as he looks it over. Ms. Scopaz: Mr, Chairman. I would like to bring one item to the Boards attention in response to the engineer's report. I spoke with Sidney Bowne's office, Bob Brown, and explained that...he apparently was not aware the County has asked the applicant to do some construction, make some changes to the County Road in response to this project. So Sidney Bowne's office has asked us to get a copy or a listing of what the County is asking the Planning Board Page 6 June 20, 1988 applicant to do so that they can see whether the Town needs to do anything in conjunction to that on the Town portion of the road. We are in the process of trying to obtain from the County a listing of what was required. Mr. Orlowski: O.K. Do you have anything from the County now? Mr. Accardo: I have not been told about the changes. Bob Brown told you that they require changes? Ms. Scopaz: No, the Planning Board had ask the Town Engineer and the Town Highway Superintendent ~ether any work will have to be done on the Town road as a result. In other words the County is saying yes you will have to do some work and what was asked is if the Town would need to have any work done on the Town road. What they said was is that they would need to now specifically what the County was requiring so that they could make that determination. Mr. Accardo: That is what I am saying. Normally I get all the requirements from the DOT stating what they want changed. I did not get anything back from them stating that anything needed to be changed. This is the first time I am hearing that anything has to be done to the road other than the normal where we put the side walk in and cut and patch the road. Ms. Scopaz: I believe we have a letter in the file from the County DOT from when you wen% for your curb cut permit that specifies that some work is going to be required. They didn't specify the type of work. But that is what our engineer would like to know, so if you have a copy of that maybe you could expedite it by sending us a copy so we can forward it to them. We were not able to get through to the County office today. We just got the letter today and called them up and tried to get through and were not successful in reaching Paul Campagnola, the fellow who issued the permit. If you have the information, perhaps you can send it to us so we can forward that to our engineer. Mr. Accardo: If I get that right to you would it have to wait till the next meeting again before its.., another two weeks before a resolution? Mr. Orlowski: Well we have to wait and see if it is going to be certified now. O.K. What is the pleasure of the Board? In regards to sending this over for certification. Mr. Latham: I move we send it over to the Building Department. Mr. Mullen: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Planning Board Page 7 June 20, 1988 Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. ****************************** Mr. Orlowski: I have nothing left on my agenda. Mr. Raynor is here to make a comment on the Carr/Wanat/Norris project. He had some information that he said we might be interested in. Mr. Raynor: Good evening Mr. Chairman. Members of the Board. Just when you have a nice quiet evening somebody brings an alligator in. I am here tonight as agent to Richard Cart on behalf of the Carr/Wanat change of zone recommendation which we are seeking from this Board. Just to go through some of the background . As requested by the Board, we have supplied the Board with a yield map for both sites, with a subdivision Sketch map of both sites. A site plan for both sites. We went to, at the Boards request, the Suffolk County Department of Health Services with regard to water and sewage. The water always seems to be an issue here. Suffolk County Department of Health Services told us that they would not respond to an applicant but would respond to a municipality. I understand the Board's concern with the water issue. Last fall and this winter at their request we have installed on site in addition to fire wells from H2M, two independent wells. Both of these were installed to County standards. The County tested those wells-and found that the quality on both of the wells are well within the standards of their requirements. We have twice submitted to the Planning Board the quantum of analysis with regard to volume of water. The first time was in H2M's report to this Board and the second time was the follow up by JAC Planning in a draft copy of the proposed Draft Environmental Impact Statement. Both of these show that a surplus of water exist on the property. Any proposed project must meet the County standards. This should.., of any construction. In any event, should anything be found that is lacking, the applicant intends to comply completely. Whether it be in construction of the facilities to filter anything that may be of a higher standard. Which we have not found to be on the property. We now have six wells and a few of those wells were high in manganese, which is very common throughout the North Fork. I believe this project to date has probably submitted more materials to this Board then any proposed project has ever done on the North Fork. All we seek is the opportunity to go to the Town Board to review this application for its proposed alternative to the DEIS. That is the construction of the density of one acre zoning on both the Norris site and the Carr/Wanat. We would like to remind the Board that the...one acre on a currently zoned multiple parcel and this is through the channel of the alternative of the EIS which has been endorse by your Town's Planning Consultant, Dave Emilita. We need your recommendation in order to go to the Town Board. We would request of the Planning Board to vote on this with a recommendation, so we may be able to get this issue before the Town Board. So we can have a public hearing and get the input Planning Board Page 8 June 20, 1988 pertinent to it. I urge the Board to move tonight~ if possible, as rapidly as possible. Before this alternative is going lost both of community and of the Town. We cannot forever continue in a vacuum. This has been going on, following this alternative that has been suggested for about ten months. That is really the status of where we are. We don't know anything ~lse we can submit to this Board from an applicants stand p~int. If the Board knows something we can su~mit, I have not heard. Mr. Orlowski: We know that you are in a "Catch 22" situation. The County will not tell you anything else, but they will tell the Planning Board. This morning we drafted a letter and sent it on to the County, to get an answer from them. The Town Board is reviewing the Change of Zone. The Board is put into a position to approve this as a planning matter. If the allowable density is there and there is sewer and water and the County says that all systems are go and will work then I don't think the Board will have any problem. The Town Board will not accept from us yes O.K., if there sewer and water. They do not want to hear that. We will not say "yes O.K. if there is sewer and water". We have to know that the County is ready to say this system will work and has worked and at that time the Board will make its decision. We are sorry it has been held up and the County has been known to drag things out. We will try to move them along and get an answer as quickly as possible. That is the best that we can do. We have discussed it. We want to make sure that the density is there and what we are sending over is allowed where it is right now. We don't know that right now. Even after, when it is time to get started we might not know that. We want to have some kind of an answer from the County. Mr. Raynor: The questions of density is that of a function of the Zoning Ordinance. The density exists on the property today. The applicant is entitled to four units per acre. Mr. Orlowski: With sewer and water. Mr. Raynor: With regard to water. The applicant is willing to covenant that he will perform to whatever standards that are necessary with the County. However, it is really not a function of zone change. That should be taken up in the area of subdivision or site plan, depending on which way it goes. The alternative that we are seeking to put before the Town Board is not four units per acre, it is one unit per acre. Using simple arithmetic where we sit down and analyze what we are proposing, the applicant is giving up an excess of twenty five units to compromise the Town to support this cause of action. To support a cause of no action really is not going to leave them anything but to revert to a prior application. If we can't going with the thing or if the Board does not want to see us go with this alternative, we seek that guidance too. We feel that this is certainly a very, very conservative and moderate use of what exist under the ordinance. Planning Board Page 9 June 20, 1988 Mr. Orlowski: At that point in time we can talk about that but now we are talking density and a zone change. The Town Board wants to know from us how we feel. We don't know how we feel because no one has told us yet if they can p~ovide sewer and water on the Norris property, and what density we are talking about. If you can not provide the sewer or water system, at least the sewer system, you are down to two units per acre. At that point it would change everything. To give a change of zone tea parcel somewere else, and to give it out of a parcel that is questionable right now as far as sewer and water goes, may be an easy way out for you. As far as a decision for us, it doesn't make it easy at all. We have to know what we are sending where, and if it is feasible. The County has to give us an answer. Today we sent that letter out. Mr. Raynor: Do you feel you can force the County into giving you an answer? Mr. Orlowski: I hope so. I think so. They already have reviewed everything that you have there. Mr. Raynor: We have voluntarily submitted everything. There is nothing.., we are trying to get it moving. Mr. Orlowski: We would like a letter from the County that they are going to make a decision down the line. Whether this is going to work or not going to work. We have to know that. That is what we have been waiting for. You canl~t get the answer. We found that out so know we are going te try to get the answer. The Town Board does not want to hear from us as long as they have sewer and water, they don't want that for a recommendation eitherl Mr. Raynor: I am not sure what the Town Board wants because we have not had an opportunity to go before the Town Board. Mr. Orlowski: They are waiting untill we make a reco~endation. They can proceed with any hearing that they want and make any recommendation. Mr. Raynor: They say they can't proceed with any hearing till they have the reco~L~uendation from this Board. Mr. Orlowski: That is what they are waiting for. That is what they have said. Mr. Raynor: I don't mean to be argumentative to the Board. That is not the intent here. The intent is to get some direction. Mr. Orlowski: We realize that. This is what we have done. This is the fastest that we can move. We are not trying to hold it up. We are upset with the County in net making a formal recoitu,endation or just stating that yes this system will work and it can handle the four units per acre. We have to get that Planning Board Page 10 June 20, 1988 information somewhere. The DEIS is not finished either on the Norris project. Mr. Raynor: We are seeking the archeologic study. The test has been completed, it just has not been appendixed into the DEIS. Mr. Orlowski: This Board is waiting for that too. Mr. Raynor: Can we come back on the llth of July and get some type of determination? Mr. Orlowski: Yes. I am hoping by then we can. Mr. Orlowski: Thank you, very much. Mr. Mullen: I would like to make a comment if you folks don't mind. To begin with, this change of zone occurred about two decades ago. This has been before us a considerable period of time. I am concerned about Mr. Raynor's remarks. I don't know if they are factual or not. About the time element. Of course you don't have it in your back pocket now. If you would get an opportunity, I would appreciate a memo giving us the procedures that you went through and. a time frame. I am very much ...following forth with the Planning Board ... We should turn around and do something to improve it. Not only to you but to every other applicant. Mr. Raynor: I am not here to throw rocks at anyone. The intent is to try to cooperate and give you as much as we are able to. We don't know what else we can give you. Mr. Mullen: I suggest further when we write to whatever agency in regard to this situation we a copy to the applicants representative so he knows what we are doing and what we are not doing. Mr. Raynor: I would appreciate that. Mr.Orlowski: The County records for response is not the greatest. Sometimes we take a lot of abuse for it. In this case here we are not even talking a standard change of zone, we are talking a transfer of development rights. When it comes back and you have your zone change we will expedite it just like we always do with everything else. Any other questions from the Board? May I have a motion? Mr. Markakis: Mr. Chairman, on behalf of the Greek Church I would convey our heartfelt thanks to you and the Board for your efforts in the circumstances to expedite our cause. We appreciate it and we are very grateful. I can not omit the assistance of Mr. Lessard and everybody involved. Planning 'Board Page 11 June 20, 1988 Mr. Orlowski: All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. The Meeting was adjourned at 8:10 p.m. Respectfully submitted, g3[ll M. Thorp, Secretary Planning Board