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HomeMy WebLinkAboutPB-12/08/2008PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: PUBLIC MEETING MINUTES Monday, December 8, 2008 6:00 p.m. Jerilyn Woodhouse, Chair George D. Solomon, Vice Chair Kenneth L. Edwards, Member Martin H. Sidor, Member Joseph L. Townsend, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Kristy Winser, Senior Planner Tamara Sadoo, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Welcome to the December 8th meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, January 12, 2009 at 6:00 p.m. at the Southold Town Hall, as the time and place of the next regular Planning Board Meeting. Ken Edwards: So moved. Geor.qe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Southold Town Planning Board Page Two December 8, 2008 Chairperson Woodhouse: Tonight we have two hearings scheduled. There will be an opportunity for the public to address the Board; I just would ask that when you want to talk, you come up to the podium where there is a piece of paper; if you would sign your names so we would be able to read it when we transcribe the records later on. I guess there is only one that we will use this evening. There will be plenty of opportunity for anybody who wants to address us to speak. PUBLIC HEARINGS Final Hearings: 6:00 p.m. - Scoff, John - This is a standard subdivision proposing 3 lots on a 6.5539 acre parcel, with a 3-lot yield in the R-80 Zone. Preposed Lot 1 would be 80,000 sq. ft. (this excludes 52 sq. ft. of wetlands); Proposed Lot 2 would be 80,010 sq. ft. (this excludes 26,235 sq. ft. of wetlands) and Preposed Lot 3 would be 82,932 sq. ft. (this excludes 16,314 sq. ft. of wetlands). The preperty is located on the e/s/o Wells Road and the s/s/o Main Road, e/o Peconic Lane in Peconic. SCTM#1000-75-6-3 Chairpereon Woodhouse: Is there anyone who would like to address the Board on this application? Jeffrey Andrade: I have preperty on the Main Road. It's prebably a stupid question, but I remember being here this summer, and I thought all this was approved. I'm just trying to figure out what's the process between now and then; has something been changed? I thought it was all good to go then? Chairpereon Woodhouse: Well, there are just many different steps that have to go through until we get to a final hearing. Jeffrey Andrade: I thought that's what he called us for the last time. Chairperson Woodhouse: There was an envirenmental review, there was a preliminary hearing and this is the final. Jeffrey Andrade: That's what I'm saying; it wasn't a real question; I was just curious about the process. Thank you. I'm sorry. Chairpereon Woodhouse: OK. Thank you. That's OK. Ms. Moore? Patricia Moore: Thank you. ,As actually he points out, this is our second public hearing; we had the preliminary public hearing which I don't believe there were any comments, or very minimal comments. We are here for the final public hearing, and the one Southold Town Planning Board Page Three December 8, 2008 comment I would make is that I would ask you, I understand that as of today you have a policy that you don't adopt the resolution on the night of the hearing, which ordinarily makes sense if you have comments. But for someone like John Scott, who this is his second public hearing with the final map and it's been thoroughly reviewed, it just delays the owner for another month when all of the processes have been completed on the final map should be technically with very little changes between the preliminary and the final. So, if it is at all possible to approve the map tonight that would be wonderful for Mr. Scott. I know he was very; we are all looking forward to having the final public hearing tonight so that we could get the maps signed as soon as we get them from Howie Young and we can file it and allow him to continue his life. Other than that there really are; this has been thoroughly reviewed and you've described the subdivision perfectly in your initial opening. If you have any questions, Mr. Scott and I are here. Chairperson Woodhouse: While you might not anticipate comments, I must say that there are many times when we get comments at the last minute. So we just need to be prepared and we will draft the resolution after the meeting. But we don't have a resolution right now. Patricia Moore: I understand that. I think it's helpful that if you have a draft resolution and you get no comments, at least you know what your bare bones approval can be. obviously there are comments and they can't be incorporated on that night, then it's reasonable to accept a delay to be able to incorporate reviewed comments. But, as a matter of course, to delay it for a month would be a hardship for most clients. If Chairperson Woodhouse: OK. We'll take that under consideration. Thank you very much. Is there anyone else who would like to comment on this application? Hearing none, I will entertain a motion to close this hearing. Joe Townsend: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Motion carried. Southold Town Planning Board Page Four December 8, 2008 Preliminary Hearings: 6:06 p.m. - Adipietro, Robert - This proposed standard subdivision is for a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. The property is located on the e/s/o Peconic Lane, approximately 333 ft. s/o County Road 48 in Peconic. SCTM#1000- 74-3-16 Chairperson Woodhouse: Is there someone here who would like to address the Board on this application. Patricia Moore: Yes, thank you. I have Mr. Adipietro here to answer questions. As you've pointed out, this is a three-lot subdivision. There is an existing house on Peconic Lane at present. It had experienced a fire and it's in the process of being renovated at this time. The lots are actually oversized under the Hamlet Business Zoning District. So, each of these three lots: the front lot that has the house is conforming to the 20,000 (sq. ft.) minimum size, but the back two parcels are oversized, they exceed the minimum requirements. Also for the record, and I am sure the people here would like to know this: the Board had asked that the part that the owner covenants that the back properties would be developed as a residential use rather than commercial use. Our access road is intended for residential purposes so that those uses in Hamlet Business and residential uses are the uses that are proposed for the back two parcels. Chairperson Woodhouse: Thank you. Would anybody else like to address the Board? Harvey Arnoff, Esq.: 206 Roanoke Avenue, Riverhead, NY. Good evening Ms. Woodhouse. I am appearing on behalf of the Beninati's who I think might want to make a few statements as well. Before I start, there were two neighbors who had sent us letters that we want to hand up. I won't take the time tonight to read them into the record; I think if I hand them up the Board can review them. I'm sure they will do that. Chairperson Woodhouse: OK. Thank you. Harvey Arnoff, Esq.: I kind of wrestled with what I wanted to say tonight, but l think I have to start by saying that I believe that Mr. Adipietro believes that laws are more applicable to be breached than to adherence. His creative either advertently or inadvertently a blight on the community of Peconic and I need to comment on that in detail. Two and a half years ago there was a tire. Since that time, Mr. Adipietro has done virtually nothing to repair that house. He has created what to any passerby appears to be a junkyard. There are several photographs which my clients provided me with, which, if they don't say junkyard, they certainly shout of something else. Now I'm going to hand them up to the Board. And perhaps maybe a junkyard isn't appropriate, perhaps landfill adjunct to the Southold Town Landfill would be appropriate. Southold Town Planning Board Page Five December 8, 2008 In the series of photographs, I don't know how much the Board is familiar with the property, but they're very graphic. Now the Beninati's live immediately next door to the property, to the north. Now, I said to you that 2-1/2 years ago there was a fire. Now we have secured from the Fire Department a statement in regard to that fire from the Southold Fire Department. And I think it's interesting to note, and I'm going to hand this up as well to the Board. Mr. Adipietro, according to the Fire Department, was running a six-unit residential structure. Six apartments! I don't think that property was approved by anybody for six units. I don't think it's approved for more than one. But clearly, if he thinks he can run a multiple dwelling, then he needs 40,000 sq. ft. He doesn't need 20,000 sq. ft. And he's totally ignored the law up to this point, so why isn't he going to ignore it after it; nobody's done anything about it. In furtherance of this disregard, and without any approval from anybody, and we all know he put a curb cut in. I have searched records, I don't see any approval from this Board or anybody else; he just willy nilly put it in. And he's gonna probably say: '1 did it, so just let it sit there'. I submit if you look at the curb cut, it doesn't provide room for adequate screening along the side in accordance with our Town Code. And yet, nobody really inquired as to the access that exists on the south. Now I recognize the driveway can only serve two lots under our code. But roads can serve more than one. So why do we have two modes of access to Peconic Lane when one would have sufficed? It might have cost him a little more money to put one road in that would have served his house as well as the two lots in the back. But no, he just went ahead and put it in. And he says: 'Here I am, approve it'. I don't think that's the way our laws are designed to be followed. Now, when you look at what he has done with the two lots, it's interesting also to note that the survey you have is not accurate. The survey that you have in front of you shows the existing driveway ending, I believe if you look at it, at the front part of the house. If you have a photograph in your files, (by the way, while we are on photographs, and we are going to continue with them for a little bit longer, this will give you an idea of the visual aspect of (inaudible). Similarly, I will show you some photographs of where the driveway actually ends. And I can assure you it doesn't end at the front of the house. Here are three more photographs to show you of the driveway. The photograph which I believe is in your file and if you don't have it, I have a copy of it for you, shows this driveway continues to the rear of the house. Take a look at your survey. It shows the driveway in the front of the house. I can't explain it. But somebody should. Mr. ^dipietro additionally, in addition to all the other things that he has done, has chosen to live, we all know he had a fire, it's a tragedy. They put a mobile home on his property for a year, two years. Now he's living in a camper on the property. A camper that has above ground wells, above ground sewage, above ground water. Is this what Southold has become? Two and a half years later are we to permit this and just ignore it in the course of this application? rve got photographs to show you the lines going to this travel trailer. Additionally, there is something in the application that says there's this beautiful barn that we are going to relocate. Well, when Mr. Adipietro started that, this was a two-story barn. Guess what? It's no longer a two-story barn. God or somebody Southold Town Planning Board Page Six December 8, 2008 else intervened. It is now a one-story barn, because it's kind of been lowered by the force of gravity and rot. So this is what essentially the Beninati's are looking at next door. And Mr. Adipietro says: 'Give me three lots' and what am I going to do, work a miracle here? It's going to create the same problem but three of them instead of one. Now, additionally, I don't think there is anything in, I don't see anything in the file about lot coverage on Lot #1. So I am not sure how much lot coverage there is for the house in relationship to the size of the lot. So that's another thing which the Board has to consider in this application. Now, if the driveway were permitted to be put on the south side of the property where it probably belongs, means of ingress and egress would be from one spot on Peconic Lane, not creating additional traffic problems of now three driveways in a row, much like row houses with individual driveways. If that's what you want to create, I don't think that's what our Code was intended to create. No one has looked at the drainage issues and I submit to you that the way the curb cut was installed, without anybody's approval again, is creating drainage problems for the Beninati's as well as on the street. If you were to leave the driveway where it is, there is no effective way of Mr. Adipietro creating a buffer. Much is made on the survey and I believe somewhere else in the application, about a hedge. The hedge is the Beninati's hedge. The Code requires the applicant to create the buffer, not the next door neighbor. All in all I think the Board has to take another hard look at this application. I don't know how this Board can rest knowing that Mr. Adipietro ran this multiple dwelling and is literally running a landfill. I take it back, it's not a junkyard, it's a landfill. And now comes and says 'give me a three lot subdivision.' I submit that this Board take a deep hard look at this and consider it and perhaps put some very stringent rules and regulations that he has to comply with in order to even consider his application. I believe that Mr. & Mrs. Beninati may want to address you as well. Thank you. Chairperson Woodhouse: Thank you. Is there someone else who .... Pat Moore: Why don't you give me a chance to respond before I forget half the things that he said, and then Chairperson Woodhouse: Certainly, you can make your comments. Pat Moore: To begin with, Mr. Adipietro, this is his home. He is doing the work himself. He is his own QC, and he is not a millionaire. It is obvious from this property that he doesn't have a million dollars to work with to instantaneously create a beautiful home or reconstruct this home. So he has been doing it on his own and with his own labor, materials, and at the (inaudible). The Planning Board did take a great deal of time to get to this point in designing a subdivision that conforms to our Code. And the fact that the hedge; according to the surveyor, the hedge must be partly on our property as well because otherwise he wouldn't show it. Harvey Arnoff: Take another look at the survey. Southold Town Planning Board Page Seven December 8, 2008 Pat Moore: Well, the surveyor shows a hedge. There is no obligation on a residential subdivision to screen another resident. If they do not want to see this property, then by all means it doesn't make sense to take down this hedge. But otherwise, they are homes and residences and it is screened, and it will continue to be screened. He can certainly make an effort to provide for additional dumpsters and so on, but every point that was made here are Building Department issues, not Planning Board issues. Certainly this is an opportunity for all grievances to be aired. In fact, we have to look at the jurisdiction of the Planning Board to see if this is an appropriate subdivision, and we think that we have reached a point where it is an appropriate subdivision. Again, this subdivision conforms to the Code and exceeds the limitations of the Code. Originally, we talked about (and you know from our work sessions) what we are going to do with this barn. And it would be very nice to have been able to pick it up and relocate it but it is structurally not in any condition to pick it up and relocate it. In addition, it was partly in the way of the access and it did not make sense, other than to take it apart. This barn has a significant amount of material, wood, barn wood. It is being taken apart and it is being stored for reuse. It has value and the hope is that any one of these houses that - and Mr. Adipietro wants to have the lots I think in the back for his kids--hopefully this barn can be reclaimed and reused as part of the homes that are going to be built in the back. So, again, it is something, material that is reusable. Most of us, if you think back in the olden days when we didn't have instant gratification and we had to reuse materials, we looked at the materials we had and we reused them to the extent that you can. And that is precisely what he is doing. I think I have addressed the comments. As far as drainage, there has been, I believe the Town Engineer looked at the drainage, because again it's a residential development. We have looked at the drainage and it's being considered. Each home here has to provide its own drainage as well. It is not, it's going to be a lesser road that only serves the two lots, and therefore the road specs are certainly minimized and various drainage that each of the homes has to provide on- site. So, really, there are no drainage issues that are relevant here. If you feel that there is additional drainage, we will certainly look at it. But that's not an issue here, there's no problem, there's no evidence of a problem on drainage. If the complaint is that he doesn't see something that Mr. Arnoff feels that he should see in the file. I'll wait for any additional comments. Lee Beninati: 3070 Peconic Lane, Peconic. rd like to ask Mm. Moore if she ever at least once visited the property we are talking about. Pat Moore: Oh yes, I have been there. Lee Beninati: OK. About 6-7 years ago, Mr. Adipietro came to me and said that he needed money because he had to do some sort of surgery in his eye. I asked if he was thinking about selling the barn, because we need a barn. Maybe we could relocate it. He says 'you know what, I'm gonna go for surgery to my eye and I need money, yes, I'll sell it to you.' So we worked out a price. Southold Town Planning Board Page Eight December 8, 2008 I walked the property with a gentleman who was going to move the barn. Mr. Adipietro says 'what are you doing here?' I said well, we came here to look at the barn. He says: 'No I don't want to sell it, I'm fixing it.' Now, Mrs. Moore just said that they are going to use the wood to, reuse. Well, I have bad news. There is nothing to be saved in the barn. It has a metal roof, and everything is rotten. There's a foundation filled with so much garbage you have no idea. I walk in my back yard and I see rats this big. They chase my dog. If you know my house and you see the kind of house I have, the way I like to live, next door it shows. In Rockville Center we have plaques, knights of town acclaiming us for the work we do for the house and beautify the environment. Well, I live next to a junkyard. Mrs. Moore said something about (inaudible) and I agree with that. Nobody should have (inaudible). We never had (inaudible). In this house here, I need a wall like the Berlin Wall. Because it's disgusting; it's totally atrocious. From my bedrooms upstairs, I see nothing but mud, cars, tires, toilet bowls, nothing but a junkyard. And now we are going to have three more; we're gonna have three junkyards. I'm a good neighbor. I never ever argue with neighbors. But this is not a neighborhood. It's the pits. People walk and everybody says to me 'what's this, a junkyard?' 'No they had a fire.' Didn't you say they had a fire two years ago? 'Yeah.' Why don't they fix it? I don't know for sure, I heard that Mr. ^dipietro got money from insurance. So the fact that Mrs. Moore says he has no money to fix the house, I'm pretty sure... Pat Moore: I said he's building it himself. He has to take the money to rebuild. Just one point I'd like to make as far as the construction: understand that when you have a fire, because I know I had to work with him right from the beginning, it takes a very long time. You first have to get Health Department approval; now because of the fire, the Health Dept. permit that you have is not grandfathered; you have to go back into the Health Dept. and get a permit for reconstruction. You need to reconstruct the house after a fire. The Health Dept. takes the opportunity to bring sanitary into compliance. Then we also have to get surveys and we need an architect to draw up the plans. They (Beninati's) have a beautiful house, don't get me wrong, we all appreciate they have wonderful taste and they have a beautiful home, and I am mindful of the wait that you've had in getting this project, giving them the time to reconstruct. But understand that they are, again, he's doing it himself. He needs to get the insurance payments in order to do the reconstruction. So, again, because of his financial condition, he doesn't have a private banker that he has to rely. I don't want to say he's poor; he's land rich, I guess. ,And he is able to get the money and build. But it has to be done in a more reasonable time frame, not in an instantaneous time frame. Chairperson Woodhouse: I think, Ms. Beninati, that you would like to address the Board and there are some questions that I think some Board members have also. So if you'd like to come up, please. Southold Town Planning Board Page Nine December 8, 2008 Marie Beninati: 3070 Peconic Lane. I am a neighbor of the applicant. I compliment you, Ms. Moore, in defending your client. But I don't think you can have your cake and eat it, too. We are talking about, you talked about residential subdivision and yet this is Hamlet Business. Hamlet Business has different rules. Hamlet Business does require a buffer zone. So, are we talking Hamlet Business or are we talking a residential subdivision? Also, with one drive, and that's the way his property was, he would be entitled to one lot, not two. The second drive was put there so that he could get approval. And the way it's presented in the survey as Mr. ^rnoff said, and you didn't address that, Ms. Moore, is that that drive is the original drive which is in your files by the way as an aerial that shows where the original drive is, and it doesn't show the second new drive. That drive is illegal. According to your rules, you're not supposed to start working on the project until it gets approved. There should be a fine, there should be other things. There are stanchions now that are practically on our property line. So, no buffer, and stanchions on the property line. In addition, I mean one of the issues that you guys have to consider is how does it affect the neighborhood. Well you see in the letters from the other neighbors, it's not just us who have the issue; there are neighbors that are looking directly at the house. I am sorry that Mr. Adipietro can't do a quick renovation/restoration you know whatever you want to call it, but I don't think that 20 ladders need to be posted up against the house for two years. And that's exactly what it is. I don't think that all the garbage that's in the back needs to stay there for two years. I don't know what that costs, but it's got to be less than $1,000. He certainly could be a good citizen and take care of things like that. So, I think to the point that, if he's doing it this way now, what's it going to be like later, when you give him the subdivision? I also notice you keep saying 'residential,' but at the same time we see that it says 'multiple units/multiple dwelling, apartments.' So now we are going to have three lots with multiple dwellings and apartments on them. I don't understand this. I thought that there was a limit as to how much you could do, but there doesn't seem to be a limit. My understanding, and I'm not really that expert in the Code, is that based upon the amount of land he has, he should only have four units. I think four for two acres. And yet, in the Fire Department report it said he had six units, or six individual apartments. So he was already doing something that was not allowed under any circumstances, and he certainly didn't file a site plan or request to turn a single family house into six multiple units. So that's what exists. So how could you allow, if he already has six, and he should only have four, how could you allow him two more? That part I don't understand. Chairperson Woodhouse: First of all, we do not recognize six units in that building. Marie Beninati: Well, I don't know; how could you not recognize it if the Fire Department said that's what was there? And his application says one family, initially one family. It was a multiple dwelling unit. We witnessed people going in and out. We know people who lived there; there are people in the Town who lived there: multiple dwelling. Whether or not he did it, so what you're saying is, because he did it illegally it's not recognized, so it doesn't count. The fact of the matter is he didn't say... Southold Town Planning Board Page Ten December 8, 2008 Chairperson Woodhouse: What I'm saying is that because it operated a certain way doesn't automatically give that building the status of a six-unit building. It still retains its original status. Marie Beninati: I understand that. But what I'm saying is that it operated as a multiple dwelling. Mark Terry: The purpose of this hearing is for the subdivision of land under Chapter 240 of the Town Code. These particular issues that you are speaking about are Code Enforcement issues. Right now, subdividing this property, there are numerous permitted issues, some more intense than others, and many of them business-related. What the applicant has done has covenanted to residential use, which is a less intense use than many different uses that could be applied to that particular property. However, I think what the Chair was trying to say was not that she didn't recognize or believe that there were six units; it's that before this Board, we are charged in subdividing parcels, not particularly entertaining what uses are on those parcels, because there is a whole list of permitted uses once a subdivision is created. We will try to design the infrastructure and access to comp those uses pursuant to the Town Code. But that's where we are at. Marie Beninati: Now Mark, I talked to you about the application and the application says initially one family. And yet it was multiple families. So therefore, the subdivision and how it could be subdivided would actually be different if the application were correct; and properly represented what was there and how the property was being used. Mark Terry: So the application proposed for all those parcels you're saying... Marie Beninati: If you look, it says: number and type of housing units and it says initially one family. That was not a one-family home. Joe Townsend: It is a one-family home. It may not be used that way, but it is a one- family. I wanted to ask a couple of questions at some point, not related necessarily to what you are saying. I certainly understand where neighbors confronting a situation like this are coming from, and I understand why you would be upset. That situation, as Mark pointed out, really should have been addressed by the Code Enforcement Officer some time ago. Marie Beninati: We did address. We're not talking about the issues, we're talking about the fact that this subdivision, because he put in an illegal driveway, is now allowing him to have an extra lot that he wouldn't have otherwise. So how do you look at this if you don't look at the multiple unit, you're not looking at the illegal driveway, and you're turning your back on what's actually there. There are two driveways there. Southold Town Planning Board Page Eleven December 8, 2008 Joe Townsend: The conditions at the site may or may not have some influence on this application. But what we recognize as a Planning Board is what is allowed. And if he put something in there that's not allowed, then it doesn't relate to this application; it may relate to other legal action that you might take, but it doesn't relate to this application. I want to ask a couple of questions when you're finished that relate to the application as I see it. Marie Beninati: The other issue is that, and you need to consider, I know, how it affects the neighbors and how it affects the neighborhood. By putting a driveway up along our property with no buffer, there will be four, six, who knows how many cars will go up and down the drive along our property line: something that we have not experienced, something that we wouldn't experience if that illegal driveway were not there. The driveway was on the other side of the property and was and is being used that way. So in terms of our quality of life and our enjoyment of our property, this is going to have a major negative impact on us and our property. Also, we have historic home. I think that needs to be looked at and so does Mr. Adipietro have a home that could be historic if it were properly restored. How does putting a driveway along his house, how does adding a flag lot behind the property affect the historic home? I don't know. How do cars going up and down and exhaust fumes and everything else affect our 1860 home? Those are things that I don't see considered in the file that I saw. And certainly important to us, important to everyone is the value. This will definitely: the condition of the house has and will negatively impact the value of our property. There is no question of that; we've already had people comment on the value. You have letters from two other neighbors. And basically Peconic Lane was kind of sleepy and forgotten and a number of people are taking pride now in their property and trying to change the nature of Peconic Lane. By allowing this subdivision, you are going to have a negative impact on that. I really think that you are changing what is a beautiful little hamlet street and Jeri, you have a store right across from this house, so you know what I'm talking about, you must see it every day when you go to your store. It's definitely not having and will not have, it'll have even more negative affect on our property. The drainage is an issue despite what Ms. Moore says. If you come to our house any day of the week you'll see a puddle of water at our drive that comes from his drive and also goes to the neighbor across the street, so there is an issue. That driveway was not put in properly and as I said it's not legal as far as I know, having a second driveway as part of the project where he started to do the work before he was actually approved the project. I think that's it. Thank you. Harvey ^rnoff: Mrs. Woodhouse, if I may, I have one comment which I think I'd like to make, and that is that perhaps the Board should take a hard look at this application. Not that they won't anyway, I'm not implying that you would not. And perhaps consider this as a two-lot subdivision with the driveway on the south side of the property. There is no absolute right, that they have the right to put another road or another driveway on the Southold Town Planning Board Page Twelve December 8, 2008 northern part of their property in order to enable them to get maximum yield; the Board doesn't always have to accommodate maximum yield. And perhaps it might be in everyone's best interest and in the interest of the community, the Hamlet of Peconic, to instead of making a three-lot subdivision here you do a two-lot and give him a large lot in the back and take care of this project in that manner and that way the existing driveway, well the previously existing driveway, there are two, there is one that was just added that I don't know if you want to call it legal or illegal, I think technically you can pave your whole property if you want to, but the existing part of the driveway could be expanded up to the rear lot and it's not going to have any impact on anybody. So that's another way of looking at it, and perhaps the Board might want to look at it in that fashion. It might not be as economically viable for Mr. Adipietro, he might not make as much money off of this project, but that isn't always the determining factor. I have to take issue with something. Ms. Moore said Mr. ^dipietro is not a millionaire. Mr. ^dipietro can afford taking things to the landfill. He is certainly not going to recycle the couches, the toilet bowls and all the other garbage that you see in those photographs. It is no home. If he is, I don't know if anyone remembers the old Colliers; they were a very famous family that collected stuff in their home and they couldn't move. Chairperson Woodhouse: I think just keep your comments to the application. Harvey ^rnoff: I think just commenting on what Ms. Moore said, I couldn't resist rising to that. But based on that, I think the Board certainly has sufficient latitude to do the right thing. Chairperson Woodhouse: I think the Board has some questions. Could we just... Pat Moore: Sure, go ahead. Joe Townsend: This doesn't relate to you. I mean it relates to you, but the question is not directed to you. There was some comment about the survey, and do you have reason to believe that the survey that we looked at is incorrect? I'd like to have a copy of your survey that shows. Pat Moore: (inaudible) Joe Townsend: We'll be able to...That'll all be public record, you have access to it. Pat Moore: (inaudible) Chairperson Woodhouse: If you want to speak, you need to come up and identify yourself. Southold Town Planning Board Page Thirteen December 8, 2008 Joe Townsend: Let me finish and then maybe you can address everything. You said lot coverage of Lot #1 is going to be greater than has been indicated in ..... ? Harvey Arnoff: I don't know; I can't; there no way, there's no calculations done for anyone to intelligently make a ....... I don't know. Joe Townsend: Let us know what you think the lot coverage would be based on the 20,000 sq. ft. that we had set aside in the plan. Lastly, I'd like to make a comment: a lot of you talked about buffering and you're right, the Planning Board has the option of requiring buffers on commercial properties that we don't normally require on residential properties. Given the fact it was a residential property and covenanted as such in perpetuity, we had thought that the buffer that we would normally require was a Hamlet Business type of retail business, would not be as necessary. But we can revisit that, given your concerns. We can look at that and see if that's - in my opinion, I'm speaking just for myself--we can look at that given the testimony and the way the configuration, especially if the survey is wrong. Harvey Arnoff: Joe, if I can: the survey that's outside on the wall, and the survey that I have here is exact, this is just a portion of it. And if you just take a look at the survey that the Board has in front of it, you'll see it says gravel driveway, and it ends literally at the front corner of the house on Peconic Lane. If you take a look at those photographs, it doesn't take a rocket scientist, and that's not being sarcastic, to see the driveway is going all the way to the rear. I can't explain why, I'm not sure who did the survey and when it was done, I don't have that. But the driveway extends all the way to the rear. Take a look at the front of this. So I mean I don't know how to answer your question: what am I looking at? I'm looking at their application, their survey and the demarcation on it which clearly shows driveway and then it says gravel drive (inaudible). But parallel line to Peconic Lane and it's parallel to the front of the house. Mark Terry: Do you know the timing of that driveway? Pat Moore: That driveway, gravel driveway was there in '04/'05 when it was originally surveyed. Since then, because it's under construction, the work crews to get a new sanitary (inaudible) have had to go around the east side of the property primarily. So what looks like now a third driveway is really just the activity of the construction workers. Imagine that these lines (inaudible) we're dealing with a house that's in the midst of construction. So there has to be some understanding that the driveway that you are seeing here is not a driveway; it's dirt. It's a dirt pathway that is going to essentially around the house, because the (inaudible) has to get there some way. Harvey Arnoff: Well the Board can certainly take a look at it and make their own determination. But, you know, my client has just advised me he hasn't seen a worker Southold Town Planning Board Page Fourteen December 8, 2008 there in over a year; so I don't know what this under construction stuff they're talking about is. Chairperson Woodhouse: Obviously we have some information that we need to check. Pat Moore: Just for the record, Mr. Adipietro tells me that before the roadway was started, preliminary (inaudible) already done. He had met with Pete Harris to talk about the entrance and the access. So prior to cutting the access, he had met with Pete Harris so that to coordinate with him. So this is not something he did independently without any verification or authorization. Chairperson Woodhouse: Is there anyone who has some new information they would like to share with us? Marie Beninati: The driveway that we're talking about that Ms. Moore says is really the driveway has a car parked in it and you have the pictures there. At least, when I first took the picture it was August. It hasn't moved since August. It is not being used as a driveway. The other driveway is what is being used as a driveway on a regular basis all the time. The cars go in and out of that driveway. It is not a construction road; it is the true driveway that Mr. Adipietro uses and you can see in the pictures that it's actually there. The other thing I would ask the Board to reconsider is the width of the driveway because you're allowing him to have a much narrower driveway than the Code permits. And so, not only are you now allowing, not giving a buffer zone, but you're giving him I think almost 9-10' less in terms of width of the driveway that he should have according to the Code. Now you have the right to do that, but I would ask you to reconsider that in terms of the impact on the neighbors in the neighborhood, and especially since there is another driveway. Thank you. Chairperson Woodhouse: Let me just see if I understand you: you're saying you would prefer a wider driveway rather than a narrow driveway? Marie Beninati: No, I'm saying that you can't have a wider driveway there; you're allowing him to have a narrow driveway so that he can get the third lot. If he didn't have two drives, he would only be allowed one extra lot. By having the second drive, he can have the third lot. So, that particular additional driveway is what's giving him the ability to have the third lot. Pat Moore: I don't believe that's the case. Actually, I think we, when we met, the reason was that it made sense to narrow the driveway so you could put a limitation on the commercial use of this property. It is actually specifically spelled out that the Planning Board (inaudible) has a smaller narrower driveway, but in light of that, we have limitations on the usage of this property. If a large driveway were to be (inaudible) then, Southold Town Planning Board Page Fifteen December 8, 2008 as Mr. Terry pointed out, we could actually conduct commercial uses in the back. The fact that there are two lots as they are going (inaudible) residences. If you have one large lot in Hamlet Business and a large driveway, then theoretically you could have any of the uses that Hamlet Business would allow. And some of them are much more intense, non-residential, and more intrusive. So that's the purpose the Planning Board did consider that, and they did (inaudible) at a work session during sketch plan, to narrow the driveway, make it residential and, in a sense, we have to covenant that it will remain residential. So there was consideration of the neighborhood and keeping it as a residence, rather than allowing the Hamlet Business uses that would otherwise be permitted. Just for the record, that was an issue that the Board did consider. Chairperson Woodhouse: Is there anyone else who would like to address this Board? Is there anyone on the Board who has any questions? I am going to entertain a motion to hold this hearing open to give us an opportunity to look at some of this information. George Solomon: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Unanimously the Board votes to hold this hearing open. Thank you. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Final Determinations: AyIward/Akscin - This application is for a lot line modification per a Stipulation of Settlement, dated July 1, 2008. Mr. Aylward will receive a deed to a parcel of land on the westerly and northerly boundaries of his property containing .73 acres (SCTM#1000-89-1-3.1) to be merged with his residence parcel of 1.84 acres for a total lot size of 2.57 acres. Mr, Akscin will receive a deed for the northerly 3.48 acres (SCTM#1000-89-1-1) which will require access approval over an existing and improved 30.5 foot wide easement across land owned by Suzanne Sullivan Fraser. The properties are located 650' w/o the intersection of South Bayview and Cedar Beach Road in Southold. Southold Town Planning Board Page Sixteen December 8, 2008 Joe Townsend: WHEREAS, this proposal is for a lot line modification transferring .73 acres from Lot 1, a 4.21 acre lot (SCTM#1000-89-1-1) to Lot 2, a 1.84 acre lot (SCTM#1000-89-1-3.1). The resulting total lot size for Lot 1 is 3.48 acres and the resulting total lot size for Lot 2 is 2.57 acres; and WHEREAS, Lot 1 (SCTM#1000-89-1-1) would now require access approval over an existing and improved 30.5' wide easement across land owned by Suzanne Sullivan Fraser (SCTM#1000-88-2-17.5) belonging to the pre-existing "Minor Subdivision Plan for Raymond J. Akscin and Stella M. Akscin Plan at Bayview, Town of Southold, Suffolk County, NY"; and WHEREAS, this lot line change is in accordance with a Stipulation of Settlement per the Supreme Court of the State of New York, County of Suffolk, Appellate Division dated July 1, 2008; and WHEREAS, as stipulated by the Court in this settlement agreement, Mr. W. Aylward would receive a deed to a parcel of land on the westerly and northerly boundaries of his property, from Mr. Akscin, containing .73 acres to be merged with his residence parcel of 1.84 acres for a total lot size of 2.57 acres (SCTM#1000-89-1-3.1). Mr. Akscin would receive a deed for the remaining northerly 3.48 acres (formerly totaling 4.21 acres) (SCTM#1000-89-1-1) which would require access approval over an existing and improved 30.5 foot wide easement across land owned by Suzanne Sullivan Fraser (SCTM#1000-88-2-17.5) belonging to the pre-existing "Minor Subdivision Plan for Raymond J. Akscin and Stella M. Akscin Plan at Bayview, Town of Southold, Suffolk County, NY"; and WHEREAS, access approval over the existing easement on Suzanne Sullivan Fraser's lot has been granted by Ms. Sullivan Fraser; and WHEREAS, the Town of Southold Planning Board reviewed the application at their October 20, 2008 Work Session; and WHEREAS, based upon this review, requests were sent to the Town of Southold's Engineer and Highway Superintendent for a determination as to the appropriate width of the existing easement on Ms. Sullivan Fraser's land; and WHEREAS, the existing 30.5 foot wide easement currently provides access to the pre- existing Minor Subdivision of Raymond J. Akscin and Stella M. Akscin 4 lots which is in compliance with Town Code. (See Town of Southold Code Article III - Roadway Construction, §161-15- Construction Specifications); and WHEREAS, as a result of this lot line change, Mr. Akscin's lot would require access via this easement as well, resulting in the easement serving a total of 5 lots; and Southold Town Planning Board Page Seventeen December 8, 2008 WHEREAS, The Town of Southold Code requires that an easement serving 5 lots or more in the AC Zoning District must be a minimum of 50 feet wide. (See Town of Southold Code Article III - Roadway Construction, § 161 - 15 - Construction Specifications); and WHEREAS, a determination and recommendation were made by the Town of Southold's Engineer and Highway Superintendent to allow the existing width of the easement to remain as 30.5' in width so as not to disturb and to continue to protect existing wetlands on the properties and avoid having a road go through the wetlands; and WHEREAS, it was further determined and recommended that waiving the Code requirement of a 50' wide easement (§161-15) for this particular instance was in the best interest of this proposed lot line change so as to expeditiously settle a long-running land dispute; and WHEREAS, this recommendation was presented to the Town of Southold Planning Board on October 31, 2008; and WHEREAS, the Town of Southold Planning Board agreed with the recommendation; and WHEREAS, the Southold Town Planning Board has the ability to waive the public hearing for this lot line change pursuant to Southold Town Code §240-56 for the following reasons: This proposed lot line change is transferring a small amount of land from one parcel to another to satisfy a Stipulation of Settlement per the Supreme Court of the State of New York, County of Suffolk, Appellate Division; and This lot line change has no significant negative environmental effects, and does not impact future planning of the affected parcels or surrounding area; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency and, as lead agency, performs an uncoordinated review of this Unlisted Action; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Eighteen December 8, 2008 Ayes. Chairperson Woodhouse: Motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board makes a determination of non-significance and grants a Negative Declaration; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson VVoodhouse: Motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval upon the survey map, dated July 29, 2008, prepared by Barrett, Bonacci and Van Weele, PC, subject to the following condition: §240-57 (D): Each parcel created by re-subdivision shall be shown on a survey prepared by a licensed surveyor and filed in the Office of the Planning Board. Any land being transferred by such rs-subdivision shall be deeded to the owner of the property in identical name so the new area merges with the existing parcel and shares therewith a common identification number on a Suffolk County Tax Map. The deed and legal description for any re-subdivided parcel shall be recorded in the Office of the Suffolk County Clerk. Ken Edwards: Second the motion. Chairperson VVoodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you very much. Southold Town Planning Board Page Nineteen December 8, 2008 Sketch Determinations: Sutton, Alexander & Tracy - This proposal is for a subdivision of a 2.444-acre parcel into 2 lots, SCTM#1000-78-09-54 and 1000-78-09-78. The lots had been previously merged. The zoning is R-40. Lot 1 would be 61,899 sq. ft. and proposed Lot 2 would be 44,587 sq. ft. The properties are located 111.56 feet n/e of Liberty Lane and Victoria Drive, a.k.a.1160 North Bayview Road in Southold. Ken Edwards: I will offer the following resolution: WHEREAS, this proposal is for a standard subdivision of a 2.444 acre parcel into 2 lots: SCTM#'s1000-78-09-54 and 1000-78-09-78. Proposed Lot 1 would total 61,899 sq. ft. and proposed Lot 2 would be 44,587 sq. ft., in the R-40 Zoning District; and WHEREAS, an application for sketch approval was submitted on May 20, 2008, including the sketch plan prepared by Nathan Taft Corwin Ill, Land Surveyor, dated June 15, 2007; and WHEREAS, on October 14, 2006, the applicant submitted a Letter of Opinion from Mr. Kenneth Zahler, Principle of Aquebogue Abstract Corp. Title Company to the Southold Town Planning Board indicating that the existing easement of ingress and egress running along the northeast boundary of the subject property is fully within the discretion of the owner as to its placement and location due to its lack of a description regarding specific dimensions; and WHEREAS, on October 14, 2008, the Southold Town Planning Board agreed with the Title Company's assessment of the easement issue; and WHEREAS, on November 26, 2008, the Southold Fire District determined that there is adequate fire protection in the area and fire access is sufficient; be it therefore RESOLVED, that the Southold Town Planning Board grants Sketch Approval on the map, prepared by Nathan Taft Corwin III, Land Surveyor dated June 15, 2007. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you very much. Southold Town Planning Board Page Twenty December 8, 2008 Chairperson Woodhouse: Are there any other questions, comments, concerns? Hearing none I will entertain a motion to adjourn. Ken Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. Thank you. There being no further business to come before the meeting, it was adjourned at 6:50 p.m. Lihda Randolph, Vl'ranscribingl/Secretary ~' /~'~house, Chairperson RECEIVED m~-~--~ ,~ FEB 10 2O09