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HomeMy WebLinkAboutPB-03/22/1982HENRY E. RAYNOR, Jr.. Chairman FDEDED:CI: E. CC22C.".~ JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Monday, March 22, 1982 at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry Eo Raynor, Jr. Member William F. Mullen~ Jr. Member Bennett Orlowski, Jr. Member James Wall 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of Frank Murphy Garden Center located at Mattituck. Mr. Raynor read legal notice and presented proof of publication in the Suffolk Weekly Times. Mr. Raynor: In review of the file, notice of publication in the Long Island Traveler-Watchman for one week commencing on the 19th day of March 1982, correspondenCe and conditions from the Suffolk County Department of Planning: After due study and deliberation resolved to approve said map subject to the following: No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow o~t into the right-of-way of Main Road. No new or reconstructed driveway or entrance road on Main Road or Old Main Road shall be located within fifty feet of the intersection of the rights-of-way of these two roads. Each lot having frontage on Main Road shall have a turna- round provision, such as a T-shaped shunt, so that a vehicle leaving a lot will not have to back out into the traffic stream on the road. pg. (2) -~ 3/22/$2 In order to minimize the number of access points on Main Road and to insure that there will not be any conflicts between the points of access that are created, considera- tion shall be given to creating a plan indicating the placement of access for lots 1-3, inclusive, and the park- ing areas on these lots. Consideration shall also be given to establishing, through th~ creation of easements, common use of access points and parking by the three lots, that is, allowing a vehicle to pass from a parking area on one lot to another parking area on a lot without the vehicle having to reenter the road. Conditions 1-4, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. The commission also offers the following comment on the map for your use and consideration: It is suggested that approval of this subdivision be made subject to the subdivision's meeting the requirements and standards of the Suffolk County Department of Health Services. Very truly yours, Lee Koppelman, signed by Charles G. Lind; Chief Planner Subdivision Review Section. Correspondence from Department of Health Services: In consideration the overall area of the property and the proposal for five parcels, it appears that the subdivision is basic- ally in conformance with the requirement of one dwelling unit per 40,000 square feet of area when private well and cesspoolS are proposed, How- ever, because three of the parcels are less than 40,000 square feet in area, this proposal would be routinely forwarded to this Department's Board of Review for a determination. Signed by Royal R. Reynolds. Copy of the application for approval of plat signed by Francis G. Murphy. Description of the proposed subdivision, resolution setting tonights hearing date, resolution from this board resolving the Southol~ Town Planning Board approval of sketch plan of Frank Murphy Garden Center, located at Mattituck, dated October 29, 1981, amended November 30, Copy of correspondence from this board to Suffolk County Planning Commission, correspondence from this board putting on record the Southold Town Planning Board as Lead agency under the State Environmental Quality REview Act, correspondence from this board to New York State DEC, Short Environmental Assessment Form signed by the applicant and various correspondence from this office to the applicant. As is the custom of this board we will ask this evening if there is anyone present who would like to speak in opposition to the proposed minor subdivision of Frank Murphy Garden Center? (negative) Hearing none, is there anyone present this evening who would like to speak in favor of this proposed subdivision? Jean Tiedke indicated that she would like to say something. Mr. Raynor: You want to speak in favor of this proposed subdivision? Mrs. Tiedke: Neither in favor or to oppose it, I want to ask a question. pg. (3) ~ 3/22/82 Mr. Raynor: OK, not at this time. Hearing none, is there anyone that has some comment pertaining to this particular subdivision that should come before this board at this time: Mrs. Tiedke: I am Jean Tiedke and I am speaking for myself. I think there was a discussion about this piece of property some years ago be- fore the Planning Board and I don't recall the circumstances, but I do remember that the one problem was a drainage pattern which comes down from the North of Main Road and crossed this piece of property and head on down to Horton Creek, which I believe is the name of that little pond; between the Main Road and the bay. And at that time there was a question that this was a severe problem and that whatever devel- opments were proposed at that time was not allowed. How has this been resolved in this case? Mr. Raynor: If you have had an opportunity to review the map, the property in question couldn't possibly run off into the creek. There is drainage that goes into the parcel from the State Road. Mrs. Tiedke: No, I am not talking about State Road drainage. I am talking about natural drainage patterns north of the state road up through that woods. It's a major drainage area and it runs into Hortons Creek eventually. Mr. Raynor: I don't see how. The property in question from the Main State Road and the New Main State Road and the Old Main State Road actually dips right into the center of the property. The lowest pro- file on the property is dead center. Mrs. Tiedke: Yes, I know. Mr. Raynor: Ail the water retention would be on the property from this. Mrs. Tiedke: Well, I can't remember of the other hearing or even if it was a public hearing or just a proposal, but there was considerable question about that low drainage area well west or north of the Main Road and South all the way to the pond. of the creek. . Hortons Creek. Mr. Raynor: I'll check and review the records on i-t Jean, but I don't recall it. Is there anyone else that has some information that should come before this board concerning this proposed subdivision? (negative) Do any of the members of this board have any questions? Mr. Mullen? (negative) Mr. Orlowski? (negative) Mr. Wall? (negative). Hearing none, alright there being no further questions, we will declare this hearing closed and thank you very much. On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED to set April 12, .19~2 and April 26, 1982, 7:30 p.m. for the regular meetings of the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Raynor, Mullen, Orl~ski, Wall pg. (4) 3/22/82 On motion made by Mr. Wall, seconded by Mr. Orlowski, it was RESOLVED to set April 26, 1982 8:00 p.m., Southold Town Hall, Main Road, Southold, New York as the time and place for a public hearinq on the question of approval of the minor subdivision entitled James W. Dawson~ located at Southold. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall Mattituck Holdings Co. It was the concensus of the Board to hold this proposal in abeyance until a disclosure statement, listing the names of the Directors of the Board, Corporate Officers, and Stock- holders is submitted to the board. The Board will field inspect this property prior to the next Planning Board meeting April 12, 1982. On motion made by Mr. Orlowski, seconded by Mr. Wall, it was RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of property entitled Hubert and Catherine Harren, located at Mattituck. An initial determination of nonsignificance has been made. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall Hubert and Catherine Harren - The board will make a field inspection on this property prior to the next Planning Board meeting April 12, 1982. Because this subdivision deals with substandard lots, this proposal will be done in conjunction with the Zoning Board of Appeals. 7:45 p.m. Public Hearing on the question of the approval of the minor subdivision of Charles E. and Beatrice T. Ward, located at Southold. Mr. Raynor read legal notice and presented proof of publica- tion in the Suffolk Weekly Times, and Long Island Traveler-Watchman. Mr. Raynor: In the file, correspondence from the Suffolk County Depart- ment of Planning: After due study and deliberation it resolved to approve said map subject to the following conditions deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Shelter Island Sound: No lot shall be subdivided or its lot lines changed ~n any manner at any future date unless authorized by the Southold Town Planning Board. No new residential structure shall be constructed or otherwise located within 100 feet of the top edge of the bank along the shoreline of Shelter Island Sound. pg. (5) 3/22/82 No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bank in any manner or discharged directly into Shelter Island Sound. Clearing and cutting of vegetation within 50 feet of the top edge of the bank shall be limited to that necessary for maintenance. 5. No sanitary disposal facility shall be installed or con- structed within 100 feet of th~ top of the bank. No grading shall be permitted within 50 feet of the top edge of the bank except that that may be necessary to con- trol or remedy erosion or to prevent stromwater from flow- ing over the edge of the bank. The above conditions shall be filed as covenants and re- strictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Very truly your, Lee Koppelman, signed by Charles G. Lind, Chief Planner Subdivision Review Section. Reviewing the file; copy of the deed, short environmental assessment form, signed by the applicant, legal notice of hearing, resolution for same from this board. Letter from the Suffolk County Department of Health Services: This Department has no objection to your designation as lead agency. It appears that the area has a limited water supply. However, based upon the size and elevation of the proposed parcels, it is expected that an adequate water supply and sewage disposal system can be designed. Signed by Royal R. Reynolds, Public Health Engineer; General Engineering Services. Correspondence from this board to New York State DEC with regard to SEQURA action and this boards declaration as lead agency in that action. Correspondence from this board to the applicant in regard to SEQURA. Copy of the applicant's application for approval of plot, correspondence from various county agencies, correspondence from this board to Suffolk County Department of Planning, Description of the metes and bounds of this property. Correspondence to the applicant. This is a minor sub- division of two lots so we would have no correspondence from the Super- intendent of Highways. As is the procedure with this board, we will ask this evening if there is anyone present who would like to speak in opposition to the proposed minor subdivision of Charles E. and Beatrice T. Ward? (negative) Hearing none, is there anyone present this even- ing who would like te speak in favor of this proposed minor subdivision? (negative) Hearing none, is there anyone present this evening who has some information that may be neither pro nor con but should come before this board concerning this proposed subdivision? (negative) Hearing none, questions from the board, Mr. Wall? (negative) Mr. Orlowski? (negative) Mr. Mullen? (negative). No further questions, we will deem this hearing closed. pg. (6) 3/22/82 On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the minutes of the Southold Town Planning Board meeting held March 8, 19.82 be approved. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall On motion made by Mr. Wall, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of property entitled Paul Kaloski, located at Cutchogue. An initial determination of nonsignificance has been made. Vote of the Board: Ayes: Mullen, Orlowski, Wall Abstained: Raynor (family relative) James Kavanauqh (North Fork Equities) - It was the concensus of the board not to take any action on this proposal until an application, filing fee of $50, and the necessary forms are submitted to the board. Norman C. Boos - The board discussed correspondence from the acting attorney, requesting this subdivision to be reopened as they have obtained approval from the Department of Environmental Conservation. Mr. Raynor informed the board that prior to this evenings meeting he spoke to the attorney on the telephone, at which time he requested all information and approvals given regarding this property to be sent to the Planning Board. Such information was not in the attorney's file. Mr. Raynor requested a letter from the attorney stating such. No action was taken on this proposal. The following was introduced by Mr. Orlowski, seconded by Mr. Mullen: Pursuant to Article 8 O~ 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 hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Joseph Krupski is a two lot subdivision located at Southold. pg. (7) 3/22/82 The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environ- mental Conservation it is assumed that there is no objection nor comments by that agency. Because there has been no response in the allotted time from the Suffolk County Department of Health Services it is assumed that there is no objection nor comments by that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold, Town Planning Board, Main Road, Southold, New York 11971 Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall The following was introduced by Mr. Wall, seconded by Mr. Orlowski: 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 hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Outback Restorations~ Inc. is a two lot subdivision located at Orient. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment were likely ot occur should the project be implemented as planned. pg. (8) 3/22/82 Because there has been no response in the allotted time from the New York State Department of Environ- mental Conservation it is assumed that there is no objection nor comments by that agency. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designa- tion. Based upon existing data, this area has a his- tory of a limited water supply. Water quality problems such as nitrates and pesticides should be expected. Prior to approval by this Department, a test well and test hole will be required to insure adequate conditions for the water supplies and sewage disposal systems. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall The following was introduced by Mr. Wall, seconded by Mr. Orlowski: 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 $outhold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of John and Nancy Pearson is a two lot subdivision located at Souhtold. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environ- mental Conservation it is assumed that there is no objection nor comments by that agency. Applicant should be aware that a permit may be required because of the proximity to the wetlands. pg. (9) 3/22/82 The Suffolk County Department of Health Services has indicated its agreement with the lead agency designa- tion. It is recommended that a test well be installed on the property and clearance from the New York State Department of Environmental Conservation prior to any approval, be obtained. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Jospeh Krupski, located at Southold, was submitted to the Planning Board on February 17, 1982, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on March 8, 1982 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Joseph Krupski for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated July 16, 1969 and amended November 17, 1981, be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following conditions: Ail stromwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of Main State Road. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Approval of this subdivision shall be made subject to the subdivision's meeting the requirements and standards of the Suffolk County Department of Health Services. pg. (10) 3/22/82 The question of the substandard lots shall be resolved by application to the Zoning Board of Appeals before this sub- division is granted approval. 5. The proposed lot line shall be modified so that the two story frame building will not encroach into Parcel 1. Conditions 1-3, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall On motion made by Mr. Wall, seconded by Mr. Mullen, it was RESOLVED that whereas, a formal application for the approval of a minor subdivision plat entitled Minor Subdivision of Outback Restora- tions, Inc. was submitted to the Planning Board on January 15, 1982 and an application fee of $50 was paid on January 18, 1982, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on March 8, 1982 at 8:00 p.m. and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Outback Restora- tions, Inc., for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated November 30, 1981 be approved and the chairman be authorized to endorse approval on said subdivision map. Vote of the Board: Ayes: RaYnor, Mullen, Orlowski, Wall On motion made by Mr. Orlowski, seconded by Mr· Mullen, it was RESOLVED that whereas, a formal application for the approval of a minor subdivision plat entitled M~nor Subdivision of John and Nancy ~earsQn was submitted to the Planning Board on September 8, 1981 and an application fee of $50 was pais on September 11, 1981, and WHEREAS, a public hearing was hel~ on said subdivision application and plat at the Town Hall, Southold, New York, on March 8, 1982 at 7:45 p.m. and pg. (11) -_t 3/22/82 WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of John and Nancy Pearson for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated AUgUSt 5, 1981, and amended December 8, 1981 be approved and the chairman be authorized to endorse approval on said subdivision map subject to the execution of the covenants and restrict- ions as approved by the Town Attorney and the following eight con- ditions within a six (6) month period from date of resolution: No residential structure shall be constructed within 100 feet of the upland edge of the tidal wetlands along Richmond Creek. No sanitary disposal facility shall be installed or con- structed within 100 feet of the upland edge of the tidal wetlands along the shoreline of Richmond Creek. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Richmond Creek and the tidal wetlands that border the Creek. No stormwater runoff resulting from the development of the subdivision or any of the lots shall be discharged directly into the adjacent body of water. A conservation or scenic easement having a minimum width of 50 feet shall be established along the shoreline of Richmond Creek to insure that no development adverse to the aesthetic attributes of the shoreline will take place along the shoreline. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Approval of this subdivision shall be made subject to the subdivisiion's meeting the requirements and standards of the Suffolk County Department of Health Services. The above conditions shall be filed as covenants and re- strictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall pg. (12) ~-J 3/22/82 Mr. Mullen reported on a field inspection made on the property of Greenbriar Acres. In 1976, 33 lots were proposed. 12 have been sold, and eight dwellings have been erected. The bond for road im- provements is held at $242,000, which after 5½ years, has expired. The applicant has requested a release of the bond with the under- standing that he would like to file a minor subdivision. The board stated that requirements such as firewells, hydrants, and park and playground should be met. It was the concensus of the board to discuss this matter with the applicant at the next available board meeting. 8:00 p.m. Public Hearing on the question of approval of the final subdivision map entitled Grand View Estates~ located at Orient. Mr. Raynor read legal notice and presented proof of publication in the Suffolk Weekly Times and Long Island Traveler-Watchman. In review of the file copy of the legal notice, resolu- Mr. Raynor: tion setting this time and place for public hearing, correspondence from the Town Clerk's Office: Thw Southold Town Board at a regular meeting held on December 22, 1981 adopted a resolution approving the amount of $325,000 for one year bond for roads and improvements in the subdivision known as Grand View Estates at Orient. Mr. Reese and Mr. Tuthill were at the work session on December 22nd and dis- cussion was held concerning a possible change in the road layout. Board asks that the Planning Board expedite the process should the road layout be changed. Very truly yours, Judith Terry. Day of January 12th, in the office of the Highway Department: Gentlemen: approve of the road layout at this subdiVision. Very truly yours, Raymond C. Dean, Superintendent of Highways. January 14th letter to the board from the Town Engineer: Gentlemen: I have reviewed the Alternate Road Plan of Grand View Estates at Orient, dated December 30, 1981 and offer the following comments: The We 1. Grand View Drive has been relocated as requested. 2. It is assumed that the profile and drainage of Mulford Court will be as previously shown. It is recommended that drainage at the end of the turnaround at Mulford Court be piped to recharge basin as noted on maps reviewed by Suffolk County Planning Board. Respectfully submitted, Lawrence M. Tuthill. Correspondence from the Orient Fire District; The Board of Fire Commissioners in this subdiv- ision request two wells; one on Grandview Drive park and playground area south corner of the recharge basin and the other at Petty's Drive adjacent to lot 17. Our recommendation is that any well with more than an 18 foot draft must be submercible pump with six inch casing. Correspondence from the Suffolk County Department of Planning. (Mr. Raynor searched the file for their resolution of conditions) I will read the comments but this was on an older map. I don't see a resolu- tion from them with regard to this. We will have to review that. pg. (13) ~j 3/22/82 Require a 100 foot setback from the top of the bluff or bank for residential structures and sanitary dis- posal facilities. 2. There should no be any grading within 50 feet of the top edge of the bluff. No stormwater runoff from development should be dis- charged down the face of the bluff or into any body of water. 4. Access to the beach should be restricted to a community access. They go on to make some stipulations and considerations with regard to the preliminary map which has been sent to them, which has since been revised. Receipt of the short environmental assessment form; compliance with the State Environmental Quality Review Act. We have an application from the applicant showing the name of the subdivision under the name as "East End Estates" for some reason. That will have to be taken up later and there is additional correspondence with re- gard to the revisions that were noted in the Town Engineer's communi- cation along with revisions from the superintendent of Highways Department, New York State DEC, remainder of which is correspondence under the State Environmental Quality Review Act. As is the procedure with this board we will ask if there is anyone present this evening who would like to speak in opposition to the proposed ma]or subdivision of Grand View Estates? (negative) Hearing none, is there anyone pre- sent this evening who would like to speak in favor of this proposed major subdivision? (negative) Hearing none, Board members, Mr. Orlowski do you have any questions? (negative) Mr. Wall? (negative) Mr. Mullen? (negative) Being no further questions, we will deem this hearing closed. Mr. Raynor instructed the secretary to inquire about the name of "East End Estates" on the application in this file. Mr. Mullen informed the board that he made an attempt to field in- spect the property of Kontokosta~ located at East Marion, but was unable to do so because of the mud. It was noted that the board had made a field inspection on the property of Nicholas Fontana. This is an approved subdivision but question had been raised on the location of a right-of-way. The board stated that his roadway had been staked and there may be a possibility that the applicant will amend his filed map. (14) ~J 3/22/82 7-Eleven site pt~n - Mr. James Meany, a real estate representive for Southland Corporation addressed the board regarding this proposal. The proposed site is to be located at the Corner of Main Road and Locust Lane in Southold. (formerly Amaco Service Station) The board stated their concern for the ingress and egress location on this property, the traffic circulation, and screening and buffering on the site. The plan submitted did not show a traffic flow. Mr. Meany stated they intend to use two curb cuts; one on Locust Lane and the other on the Main Road. The board noted the rear yard to be insuf- ficient footage for this B-1 District and stated such would require a variance from the Zoning Board of Appeals. Mr. Raynor opened the floor to the public for their comments on this proposal. Mr. William Albertson, neighbor to the proposed 7-Eleven, addressed the board stating opposition to this proposal. On behalf of those in oppisition, Mr. Albertson read a petition bearing approximately 650 signatures which read: "We the undersigned residents of Southold Township strongly oppose the proposal to permit a 7-Eleven store to be erected on the corner of Locust Lane and Route 25 in the historic hamlet of Southold. We consider this type of business out of character with the adjacent setting of colonial homes and shops, and not tending to promote the quiet, peace, beauty, health, and safety of the surrounding neighborhood nor the general welfare of the Town of Southold." Mr. Albertson: For myself, I think that we have had enough evidence. We have police reports and an unusual number of calls to the 7-Eleven that are in operation now in the Town of Southold. I think we are trying to create, or trying not to create, I should say, some public nuisance which seems to come from being open, I would guess, 24 hours a day, I don't know. They sell beer and I don't think Southold needs 24 hours of it. As I have acknowledgeed, there are already two of them. I think two within 3.8 miles is more than is necessary also. I don't know, we have a list. Do we submit this to you or what now? Mr. Raynor: If you would like to. I am not sure that it doesnt go well outside this board's realm or jurisdiction. Mr. Albertson requested that any correspondence or actions taken on this proposal be sent to him on behalf of the concerned citizens of Southold Town. The following questions were asked of Mr. Meany: What do you anticipate the sales volume to be? $600,000 per year How many employees do you plan to have? About six, one manager and two people on each shift. Who will manage it? We hope to get a local person to franchise it. pg. (15) ~-~ 3/22/82 How much money will stay here, or will all the money leave this area? How much money to insure this building? It will cost about $340,000 to build this building and about $5,000 will be paid in taxes. Are you ready to start on it? We will build the store after all is settled. Jean Tiedke expressed concern for the traffic. Mr. Meany stated that studies were done in August and January, which were well below normal. Mrs~ Tiedke did not think two studies done during a one year period was sufficient to make a determination. Judith Schnieder stated she has a 19 year old daughter born and bred in Southold Town, and Founders Landing is packed with teenagers. "I think you are looking for a lot of trouble .... You are not far from being a teenager". (directing statements at Mr. Hawk, present owner of the property; Strong Oil Company) Mro Raynor brought the meeting back to order. Jean Tiedke: Henry, I don't think any of us objects to that present use of that building under the present building which is business. Is that correct? Mr. Raynor: That is correct. Jean Tiedke: But we think there is a much more suitable use to that property, small professional building, small offices of the sorts. Something that doesn't draw large numbers of cars at one time and will not be open all night. I don't think that we are opposed to using the property as it is zoned now in a satisfactory manner. Mr. Hawk: There hasn't been a profitable situation in the present manner. Mr. Raynor: Excuse me sir, if you would like the floor, it will have to go through the chair up here. Mr. Hawk: I am sorry. May I go through the floor? It hasn't been a profitable situation in its present state or within the last ten years. I am just saying, you want to make a professional out of it and anybody, in that area that has presented themselves are not will- ing to obligate themselves to the value of that property. Barbara Albertson: I think there were a number of objections through the township. The social issue and the management of the premises of 7-Eleven, the high incidences of disturbances at night has disturbed a number of people. It's a gathering place and appears to draw an ~ndesirable kind of element with the 24 hours a day and the availability of beer. Again on another issue, particularly in this that was just mentioned is the . having a more harmoneous blend. . meaning the type of business that is at the interface between a residential area and a business district of something that wasn't opened after the normal pg. (16) -~ 3/22/82 Barbara Albertson con't - hours 9-5, which would be much more preferable there, where we have a large residential area. There are many other objections, I don't know whether this is goint to a public hearing. I spoke with the Southampton Town Village Planning Board this morning and there is a 7-Eleven there that has had a high number of disturbances and the residents have objected to it and they are moving to another location where there are still other residents and business people that are. Mr. Meany: We are trying to solve a problem and we are getting a lot of resistance to solve the problem in that particular case. I would just like to dwell on the nagative. Having a 24 hour store in the neighborhood doesn't have to be negative. You can control it with the right people and the right attitude and the right support from the community. Most of the kids that hang out are kids who live in the community, and wherever we get the support of the community we crack down and try not to make it a hangout and give the support to the parents, the town officials; we usually are able to cure such a problem. As far as ~the problem with beer, we have ~ our option to raise the age to 21 to buy beer at 7-Eleven stores with double proof required. So these concerns, I can address them, I don't know if I can convince you, but the benefits . . How many times in the middle of the night you get up and an upset stomach and no drugstore open. There is always some place to . Guest: There are two others very close by to go. Mr. Meany: It does have some other plusses. Guest: What are some of the plusses? Mr. Albertson motioned to speak. Mr. Raynor: Mr. Albertson? Mr. Albertson: If I may . just one word to cover what the gentleman said about 21 year old drinkers. Bullshit! Mr. Raynor: Mrs. Schnieder? Mrs. Schnieder: Yes, I do agree with him because again I say, my two girls, my son could never relay to me to much about whether he was too pooped or not, but my girls often told me when they were given beer and liquor in town, by people knowing who they were and they were handed. they were allowed to buy the things, the drinks within the premises. So that doesn't mean a thing. These teenagers are very smart. Smarter than you are and smarter than I am. They know how to get around all these little curves that we are talking about. Mr. Meany: I am well aware of the problem . Mrs. Schnieder: Don't think that we parents don't work with our children. The children don't want to work with the parents at that age. pg. (17) ~- 3/22/82 Mr. Raynor: Thank you. Guest: Well that's your personal problem. Albert Stone: One other comment if I may? Mr. Raynor: OK (directed to Mrs. Schnieder) Mr. Stone: My name is Albert Stone. I am a close by resident to this area. I have at least one friend in the Driftwood Cove apartment down in Greenport, next door just directly east to the 7-Eleven down there and I understand from this person that more than one person has moved out of the Driftwood Cove apartments because of the verminous down there; the rat infestation of that area caused by the 7-Eleven. Now this is a problem. A sanitary problem as well as traffic problem, as well as many problems. The sanitary problem is one of the important ones. Mr. Meany: I would have to dispute that sir. We have frequent in- spsctions by the Department of Health and they are very tough on us... Mr. Stone: HOw frequently? Mr. Meany: Pardon me? Mr. Stone: How frequently? Mr. Meany: Every store in Suffolk County each month. Mr. Stone: On a specific day of the month? The first? The second? the fifteenth or whatever? Mr. Meany: No, they surprise you Mr. Stone: Then you can have it cleaned up by that day. Mr. Meany: No they surprise you. They don't give you advance notice of when they are coming. Mr. Raynor Stated that it would be advantageous for the applicant to furnish the board with a traffic study as well as a separate planting schedule. He noted the disturbances at the Greenport 7-Eleven where the police had to be summoned 41 times during the 1981 year and 17 times at the Cutchogue location. He ~tated the plan would be forwarded to the Building Inspec%or for certification and the petition and a copy of the minutes would be forwarded to the Town Board for their review. Mr. Mullen asked if Mr. Meany could give an idea of the volume done with regard to the Greenport and CutChogue location, the number of employees, what the taxes are under the same situation as that pro- posed for Southold. Mr. Mullen also asked if this store would be open 24 hours a day with the exception of Christmas. Mr. Meany stated he would supply the board with tax information and the opening hours were stated correctly by Mr. Mullen. Pg. (18) ~ 3/22/82 Discussion being closed, Mr. R~ynor thanked everyone for their input. Mrs. Judith Schnieder approached the bench to advise the board that prior to this proposal, the applicant offered to purchase half of her business property for the same amount she paid for the entire parcel. She stated that because she did not want to see such a proposal in Southotd, she declined the offer. Zaino - Rudolph Bruer, Esq. met with the board to discuss this sub- division. Mr. Raynor stated the maps should be referred to the Superin- tendent of Highways for approval on the road layout. The board did not anticipate any problems. Mr. Bruer stated that the applicants have already spent too much time and money on this subdivision and he did not think they would consider giving money to the town in lieu of park and playground area. Manos Rudolph Bruer, Esq. stated he would apply to the Zoning Board of Appeals for a 280-A on this subdivision for access to lots 1,2,3, &4. He stated he would rather do this than put an access road through lots two and three. The board requested that he amend the maps eliminating the flag lot. Hill Crest Estates - Mr. Harold Reese was informed that this subdivision is scheduled for a preliminary hearing on April 12, 1982. Harbor Lights IV - Mr. Harold Reese submitted maps with revisions on the road layout of this subdivison and asked the board if he could proceed with section five. The board stated that the bond for section four has not been posted and they would not entertain consideration on section five until this was done as they are contingent parcels. pg. (19) -~ 3/22/82 Baxter Properties - Bob Wendell met with the board concerning the violations on this minor subdivision. He stated he was unaware that the board wanted to discuss the matter with him. He stated that the Building Inspector was to write the Planning Board concerning this area being in good condition. The board noted a letter from the Building Inspector dated the day of this meeting. Mr. Wendell presented the board with an estimated cost for improvements on this property to be in the excess of $25,000. Approximately $2,000 for shrubs. Also dis- cussed was the inventory and evaluation done by the United States Department of Agriculture Soil Conservation Service, stating the property appeared to be fairly~stable and most stormwater runoff flows away from the bluff. They suggested .that Rugosa Rose, Bayberry and Russian Olive trees be planted along the bluff. Mr. Wendell submitted maps of the proposed improvements which included sprinkler heads for irrigation on the sod and new plantings. He stated work would commence the following day. The board stated they would field inspect the property approx- imately two weeks f~om this date and the matter would be placed on the agenda for the following meeting of April 12, 1982. Long Island Cauliflower Association - Abigail Wickham, Esq. and Ed Dart met with the board to discuss the curb cut on this property. Ms. Wickham asked the board to reconSider their resolution requiring the curb cut to be located no more than 250 feet from the southwest corner of the property to be 308 feet from the corner, thus enabling the applicant to possibly subdivide the western portion into two lots if he should choose to do so in the future. She submitted sketches of the possible future subdivision. Ms. Wickham stated that Mr. Lundberg would send a letter to the Planning Board stat£ng that she is the acting attorney for this subdivision, representing Ed Dart. The board said that upon receipt of the correct number of maps, the proposal would be forwarded to the Suffolk County Planning Commission for their determin- ation. Sal Caiola - David Kapell met with the board regarding the subdivision of this property. The northerly section is to be filed as a minor and the southerly portion of the property will be filed as a major. Mr. Raynor asked that two separate applications be made; Minor Section I and Major Section II with the lots numbered appropriately. On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board override the Suffolk County Planning recommendations ~1 and ~2, dated January 11, 1982, on Minor Subdivision entitled John Simicich, located at Mattitucko Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall pg. (20) 3/22/82 On motion made by Mr. Wall, seconded by Mr. Mullen, it was RESOLVED that whereas, a formal application for the approval of a minor subdivision plat entitled Minor Subdivision of John Simicich was submitted to the Planning Board on August 12, 1981, and an applica+ tion fee of $50 was paid on September 8, 1981, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hlal, Southold, New York, on February 8, 1982 at 8:00 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of John Simicich for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated July 6, 1981 and amended November 27, 1981 be approved and the chairman be authorized to endorse approval on said subdivision subject to the following conditions: No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. Approval of this subdivision shall be made subject to the subdivislon's meeting the requirements and standards of the Suffolk County Department of Health Services. The above conditions shall be filed as covenants and re- strictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. The 12½ foot wide strip reserved for possible future construc- tion of a Town road should be extended across the tract~s entire frontage on Camp Mineola Road to insure that the property is available for highway use when the need arises. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall On motion made by Mr. Orlowski, seconded by Mr. Wall, it was RESOLVED that the Southold Town Planning Board forward the site plan of Stephen Shilowitz to the Building Inspector for certification. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Wall PG. (21) ~ 3/22/82 Settlers at Oysterponds - John Raynor discussed his proposed cluster to be located at Orient. Six test wells were done and samples were analyzed (not for pesticides). Mr. Villa had informed Mr. Raynor that the preliminary results appeared to be sufficient for ground- water supply. One third of this area is proposed open space, with a net yeild of 55 lots on 67 acres. Mr. Raynor then presented pic- tures of existing homes in Orient, which he plans to use for design. The board stated the maps would have to be forwarded to the Town Board for approval of the cluster concept, the Superintendent of High- ways and the Town Highway committee for review of the road layout and cul-de-sacs. The board will make a field inspection on this property and advise Mr. John Raynor of a time so that he may be present to answer any questions. The board requested Mr. Raynor to submit the calculations used to arrive at his lot yield. Ruth Oliva asked the board what guarantees does the board have that the improvements made to the Baxter Properties will eliminate the erosion. The board stated that much consideration is being given to this problem with a possibility of posting a bond on thiS area. Being no further business to come before the board, Mr. Mullen made a motion, seconded by Mr. Wall, and carried to adjourn. Meeting adjourned 9:50 p.m. Respectfully submitted, Susan E. Long, Secretary Southold Town Planning Board HENRY E. ~YNOR, RECEIVED AND FILED BY THE $OUTHOLD TO~ CLERK DATE ~-~ HOUa/~.~P. Town Clerk, To~-n of ~o~nold