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HomeMy WebLinkAboutPB-10/13/2009PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail 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, October 13, 2009 6:00 p.m. Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member George D. Solomon, Member Joseph L. Townsend, Member Mark Terry, Principal Planner Tamara Sadoo, Planner Kristy Winser, Planner Carol Kalin, Secretary ] 0 2009 .. :.,, So~?~ol,"l Town Clerk SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the October 13th Public Meeting of the Southold Town Planning Board. For our first order of business, I would like to set Monday, November 9, 2009 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next Planning Board Public Meeting. William Cremers: So moved. Geor.qe Solomon: Second. Martin Sidor: Motion made and seconded. All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Plannin.q Board PaRe Two October 13, 2009 PUBLIC HEARINGS 6:00 p.m. - Seven Eleven~ Mattituck - This site plan is to convert an existing 1,950 sq. ft. gas station/convenience store to one use for retail (convenience store) and add a 685 sq. ff. addition, having a 2,635 sq. ft. building on a 24,829 sq. ft. parcel in the Business Zone located at 9945 NYS Route 25, on the n/e corner of Factory Avenue & NYS Route 25, Mattituck. SCTM#1000-142-1-27 Martin Sidor: I would just like to state now that this public hearing on this site plan application before us is to hear from the applicant regarding their proposal and merits of the application. It is a work in progress, and we are at a point where we would like public comment to take into consideration as part of the review process. After the public hearing tonight, the next step is for the Planning Board to review the public testimony for information we should consider in our decision making. If there are significant changes to the proposed site plan, the Board may have an additional public hearing. As soon as the review is completed, there will be a resolution at a monthly public meeting with the Planning Board's decision on the application. I would like to remind everyone that this is a public hearing and we need your cooperation to get a good record. We realize that many in the audience would like to have the opportunity to speak; I am going to ask for you to step up to either podium at either side of the aisle and state your name and address for the record, and please make your comments to the Planning Board. At this time I will turn it over to George (Solomon); he wants to also read a statement. Geor.qe Solomon: Good evening everybody. I've heard many concerns in the community about this application: "Do we need a 7-117" "Do we need an outsider bringing business into our town?" "Will it bring an adverse effect to our community?" "Will it hurt the existing business in town?" All these are questions we have heard. Every application we undertake has its due process. The purpose of the process that we are about to undertake this evening is to listen: and I want to emphasize "listen" to the public's comments as to the community's input to this application. I want to remind the public that I am both a business owner, past president of the Matittuck Chamber of Commerce, and a resident of the community and have always had the best interest of the place that I call my home, as well as my fellow Board Members. The process being undertaken this evening is to listen to the public and weigh the public's concern as it applies to the law and the Code, to which this application must comply. We are instructed to follow the Code when we make our decisions. We, as a Board, do not make the law or the Code, we apply it to the best of our ability and we will do so with this application as we hear from all of those that are before us this evening and those that will come before us, after. Thank you. Martin Sidor: Thank you. I would think it would be best if the applicant and their representatives would tell us about their application. Southold Town Planninq Board Pa.qe Three October 13, 2009 Patricia Moore, Esq.: Good evening Board and residents of Southold. We are here today to make the proposal for the convenience store for their existing properties at the corner of Main Road and Factory Avenue. With me tonight I have George Abizeid, who is the President of Gaz Realty, Inc., who is here on my left. We are shortly going to have Diego Steisel, who is the project coordinator and architect; he is on his way. I also have with me today the 7-11 Representative, Sean O'Neill, and finally we have Gene Kempey from Kempey Engineering, who assisted in the design of the site plan. To begin with, as you know, we have an existing site that has been improved with a gas station, service station bays since 1969. An accessory convenience store and gas station canopy were approved in 1991 and 1995 respectively. The proposed redevelopment of this site with single use will eliminate the gas station and service bays and close out the underground gasoline tanks. This fact alone will be a significant environmental benefit to our community. The improvements to the existing conditions are only feasible by the proposed redevelopment of the property with an owner and tenant who is willing to make a significant investment on this site. As we will go over, the site plan as I said is a significant investment here because there are modifications to the site to correct existing conditions from other properties and traffic issues that have been long a problem from other existing facilities. Until each property in this corridor is redeveloped, you and the Town do not have an opportunity to make changes to a property. In this instance, this redevelopment makes it possible for many things to be done to this site. The redevelopment of this site will result in several significant improvements to the property. At the request of the NYS DoT and Planning Board, the existing intersection of Main Road and Factory Avenue will be redesigned to relieve the existing tight turning radius. That is an existing condition. And an easement is going to be granted from the owner to NYS to open up the curb on the n/e corner of Route 25. The existing curb cuts on Factory Avenue will be relocated away from the intersection. The two curb cuts on Route 25 from the site will be reduced to one directional curb cut. The existing curb cuts are contrary to good management practices of NYS DoT policies. These improvements, being made due to this redevelopment, make significant traffic improvements to the site. In addition, a traffic signal will be relocated and a pedestrian countdown timer installed. This should improve pedestrian crossing which has been an issue that I believe has been raised along the way. Sidewalks are provided on Factory Avenue. There are existing sidewalks on Route 25. So again, pedestrian movement will be accomplished here on the site. The speed limit remains as posted: 35(mph). An issue which came up again in the press is the trash container which is located on that n/e corner of the property; it's enclosed and on a pad. So there will be no trash issues; it will be contained on site. All these improvements will be of benefit to the community and address the traffic safety concerns which are within this corridor. In addition, there are several aesthetic improvements which benefit the community as well. Significant landscaping will be added to this site. In addition to the existing landscaping, there will be additional landscaping which calls for 290 plants on this site. The building will also be renovated and enhanced with the recommendations of the Architectural Review Committee. The existing building remains, but with architectural improvements, including the new 685 sq. ft. front addition with large windows, a covered porch with stone wall accents. I have heard lots of comments about the building, which is really a very lovely building. That is the building that will be renovated from this project. There Southold Town Planning Board Pa.qe Four October 13, 2009 will be carved signs which are proposed for this site. There is also a lighting plan which complies with both the Town Code through proposed goose neck lighting, which complies with the Dark Skies Requirements. We have lighting that is shown on the site plan which the Board has suggested that we actually reduce because of the ambient lighting that is in this intersection. There really is not a need for as much lighting as the Code requires; and that is something that the applicant certainly is agreeable to. Comments like that we entertain, we certainly will consider reasonable comments to make improvements to the site. In addition to the removal of the gas tanks, obviously, there will be sanitary improvements. That will be up to the Health Department, but we anticipate that there will be upgrading or improvement to the existing sanitary system. Those in brief are some of the changes that have been made here on our site plan and our architect as well. Thank you very much. We also have a floor plan that was provided in the file and it may not be clear to those that aren't as familiar as you are with the site. The proposed building is 2,670 sq. ft. However, the sales floor area is 1,795. We actually have the required parking and we have also proposed additional parking which is based right now on the square footage wall to wall exterior but in fact we have a selling floor area based on our floor plan of 1,795. We comply with the Code, but additional information for the Board. I think it would be helpful at this point; did we want to wait and see what the comments are? We will be happy to respond to comments. We have been reviewing this with the Planning Board for some time. Martin Sidor: Pat, I would think it best to go through your team, and then questions afterwards. Pat Moore: I happened to notice the sign posted right outside which has some commentaries here with respect to this rally and certain things that have been stated that I want to clarify. With respect to the operation and ownership of this facility, I would like to have Mr. O'Neil who is from 7-11 to explain briefly how the selection process goes for the ownership and operation of this particular site. Sean O'Neill, 7-11 Corporation, 115 Broadhollow Road, Melville, NY: I've been working with 7-11 for eleven years, and our real estate for three years, and I'm Real Estate Rep for Long Island. Currently, like every store in Long Island, this will be a franchise store. What happens is, probably close to the Building permit process, we are put on a list for existing franchisees and also to outsiders that are going through the franchising qualifications. I do real estate, so I don't do franchising. What happens is: you go to multiple stores; they will go through a process. Now if you own an existing store, for instance, if you owned a store in Riverhead or another store, you have to go through a process. It usually takes about between 3 and 4 months and if someone from the outside, will have to go through a training process and everything else. I personally know someone who lives in Mattituck who owns multiple 7-1 l's that was actually going to apply for this existing store. Again, I don't handle the franchising process, so I can't tell you today if you would get it or not, but that's also under consideration. Pat Moore: Just to pin down some questions I had for you out in the hallway, does the quality of other stores and how they are managed influence the selection process? Southold Town Planning Board Pa.qe Five October 13, 2009 Sean O'Neill: Of course, they have to maintain (inaudible) because if run one store, it doesn't mean you can run two stores. So you have to go through a hard process. And we have operations folks and our franchising folks to go through a testing process to get another store. Audience member: Could you use the mike, please? We really can't hear. Sean O'Neill: I'm sorry, OK. Can you hear me now?. Maybe I'm a little too tall. Repeat the question. Pat Moore: Essentially the question was: how do franchise applicants manage another store; does it influence the selection process for this particular or any store? Sean O'Neill: Yes, because they run a good store now doesn't mean they will run multiple stores. So they have to go through a multiple guideline process with the operations folks and the franchising folks. So just because they have one store now does not mean they get another store. And the same thing for an outside person who we have to know what they do so they have to go through a process, a training process. And kind of a franchising process; it takes roughly a good six months, it could take a while. Pat Moore: More specifically, if a particular franchisee location receives many complaints from neighbors with respect to the way it is being operated, is that something that will influence .... Sean O'Neill: Of course. We wouldn't give them another store. Definitely not. And they'd have to go through again the guidelines, where that's all part of the process, of their store cleanliness and everything else is all part of it. It's called "the five fundamentals" that they go through. Each existing franchisee. And of course the new people, too. Pat Moore: Thank you. Mr. Kempey, do you want to go? Maybe for the benefit of the people who are here, do you want Mr. Kempey to walk the public through the site plan as far as where the traffic is going and so on? I apologize. You are very familiar with the property, but in fairness to those that are here. Eugene G. Kempey, P.E., Kempey Engineering, 4 Brunswick Drive, East Northport, NY: The primary entrance to the site will be from Route 25 from the eastbound direction, with the westbound access from Factory Avenue. The parking access is through the front in the front of the store. The vehicles would drive either into the westbound (inaudible) which is on the east side of the site on 25 and park in front of the building, or on the east side of the building and then have a choice of exit of either back in a westbound direction onto 25 or if they needed to go eastbound, exit to Factory Avenue and then make a left turn. There will be no left turns onto 25 due to DOT restrictions. It's a one-way in and one-way out at that curb cut. Truck access will be from 25; the Board has reviewed that at the last work session and agreed that would be the only point of access. They would pull onto the site; pull in front of the building and then back Southold Town Planning Board Pa.qe Six October 13, 2009 into the loading area that's located on the east side of the building for unloading and then pull back out and go westbound on 25. That's pretty much how the site circulates. Martin Sidor: Thank you. Georqe Abizeid, Gama Properties: I think I've been in front of the Board for about 3-1/2 years. I feel I'm part of the community right now, even though I don't live here, I've been to Mattituck enough times. I know there's a concern. There's a number of leaflets were distributed in the neighborhood. One of them is regarding really the local ownership. I might have an accent, but I have been working with people for the last 35 years in this beautiful country. Mark and Ed are the two operators of the site; I've built a friendship with them, I trust them blindly with that site. We are going to try and make sure (there's no guarantee) Mark and Ed who show interest to work for the franchisee of 7-Eleven: even though my agreement is with 7-Eleven Corp. for the lease. Like Mr. O'Neill suggested, they really go for the process to reward this site to a local operator. The only reason you get rewarded for the site is if you are a good, clean operator. They are not going to give you additional sites, especially when they have a list of almost maybe 20-25 people who might be interested in a particular site. I am not sure if the site is put to bid right now for a franchisee, or not to the 7-Eleven. But I know the process is very, very extensive. I have a number of sites for 7-Eleven; the most prominent one is the site we are building presently at Newark Liberty International Airport, right next to Terminal B. So, we are really very careful for the people who spent the last 15-20 years of their life running this site. We know this is a tired (?) site; we are trying to fix it. We gave into the community; we really gave them some of the property so that the turn right now when a truck turns on Factory Avenue from Main Street, it's really they have to slow down, make a u-turn over the sidewalk or back up to really make a full turn. We are here to improve on the site. We are spending a lot of money. When I'm sitting outside, I know one of the individuals looking at the site says "Oh yeah, they're going to build a site like this, my__ I'm not going to say what the word was. But this is the site we are proposing to build. I know some of you believe this is the Ritz-Carlton; we are not building the Ritz-Carlton. This is the new look of the 7-Eleven. Some of us have really very negative impression; I'm talking to the Board of course, I'm sorry. I'd like to look at you! Some of the people have a negative image of 7-Eleven. Then you sir, I request anybody to go out and check the new 7-Eleven that they are building throughout Long island. It's no secret, Long island is the best market for 7- Eleven and they work very closely with the community. We are building something that the Board put some requirements on us to build a site like this; it's not cheap to build a site like this, it's very, very expensive. But we are building a site like this to appease the local community. Some of us are here to object to 7-Eleven; hopefully they will be our best customers. I have about 12 sites that I operate; not 7-Eleven, different sites. The people who are the most vocal against our sites, when they see the kind of sites we build, they become our best customers. That's what I have to say. Martin Sidor: Thank you. Southold Town Planning Board Page Seven October 13, 2009 Diego Steisel, Architect: I want to keep it brief, but just point out how careful and what a painstaking process this was for us to come up with a design that is really very sensitive to the area. We are not by any means ignoring of course the requirements of the Board, or the quality that is already in place in this neighborhood. As Mr. Abizeid mentioned, this is above and beyond what a typical 7-Eleven requires, and he is going through a lot of expense in the way of materials, design and the look. But of course it's important to all of us to make it seem like it's something that belongs, and not something that sticks out like a sore thumb in this area. I personally am very pleased with the look of this building whether it's a 7-Eleven or any use, and I would just like to point out the fact that it took us a very long time and a lot of hard work; not only myself, but the staff in my office, to come up with such a look so that again it's something that really belongs and looks nice and enhances the neighborhood. Thank you. Ken Edwards: Thank you. Martin Sidor: That concludes your presentation? OK. Anyone from the public who wants to put anything on the record, please step forward to either microphone, state and write your name. Make all comments to the Board. Art Tillman, Mattituck: Mr. O'Neill, I too had a real estate license. A word pops into my mind that I learned while taking the course. And that's "puffery". I kind of like that word. In real estate it kind of means "making a fine silk purse out of a sow's ear". This is not a sow's ear; this looks like Monticello. But that could be part of the puffery, too. I notice even that when you get the rendition of a school, it looks lovely. Any building looks lovely. And then when you get the building, somehow it doesn't quite look like that, or other things happen. I notice one rendition seems to have some very high trees. It looks like the one on the upper left. And there seems to be a buffer to the east and to the west. I don't know, I think you might be obscuring the point I am trying to make, Mr. Abizied. No, it's the way you are placing the pictures that I have objection to. George Abizied: My apologies. Art Tillman: Now, are those three pictures the same? George Abizied: Yes, they are the same. Art Tillman: It seems that there is more landscaping in that upper left-hand one. And then on the other ones, the landscaping seems to be of smaller stature. Can you account for the disparity in the size of the trees, bushes whatever? Patricia Moore: I think you should ask the question to the Board. Art Tillman: But they didn't render the architectural drawings, so I don't know. Marry, can we get an answer on that? Martin Sidor: What was the question? Southold Town Planning Board Page Eight October 13, 2009 Art Tillman: My question is: some of the pictures have some rather large trees and other ones seem to have small trees. At least from my vantage point, and my eyes aren't that great. Am I seeing correctly? Georqe Abizied: If I may, it's the same picture. It's the angle of the way the picture is taken. We are committed to build this site and this is the permission that.., we are not going to get a CO unless we build the site that we are rendering. Art Tillman: What I and other members of the community are concerned with, if your application is approved, we are wondering about a buffer between your gas station and Factory Avenue where there are quite a few residential areas and a church. And that buffer is important to those people living on Factory Avenue and the church. Joseph Townsend: Why don't we take it from here: We all know that renderings sometimes don't end up looking like what's built. What will end up looking like what's built is what's been approved for the buffers. Maybe Pat wants to outline the requirements that we've made them comply with so far. Pat Moore: I don't know if you can see from that distance, but I'll describe it. As you can see, behind the building is existing natural vegetation. That area, to the extent that we can preserve it just as it is, will not be touched. There is the possibility that the sanitary, which is in the corner, may need to be modified. If that's the case, then it is our obligation to replace any existing vegetation that is affected. Right now, the existing natural vegetation remains. I believe that area is very densely vegetated; you don't see anything at this point from my memory. There is also additional landscaping that is provided where you see the Factory Avenue entrance and exit from the site. On the south side of the property is additional landscaping going around the building. Then you have the corner of the property, which is Factory Avenue and Route 25, which is being provided with additional landscaping as well. That area right now, I don't believe has much landscaping as I recall. Most of the landscaping is on the corner; this triangle here is the area that the DOT has requested that the owner grant an easement of that corner in order to cut the property back and give the State the turning radius that they requested. So that whole area will also then be changed and landscaped as well. Art Tillman: I'd also like to know who is paying for this enhanced corner. I know you're seeding the land. George Abizied: I am. We are. Art Tillman: The State is not paying a nickel for this? George Abizied: We are still going back and forth with DOT. There are certain things we are going to pay for, and certain things the DOT is going to pay for. We are offering the land for free, we offer the easement for free. I think we are putting in sidewalks. I think there's two or three posts. We're still going back and forth who's going to pay for what. Some of them might or might not charge; I don't know yet which utility will charge us. But the cost is born by us as the developer. Southold Town Planninq Board Pa.qe Nine October 13, 2009 Pat Moore: Specifically, I think you should hear that the land: he is donating it in a sense. If the State has to go and condemn this area to make the corrective measures for the benefit of the Town, they would have to go through a condemnation proceeding and they would have to pay fair market value for that intersection. That is not a requirement in this instance because the applicant is willing to donate it at no cost to the taxpayers. Art Tillman: Well, that's very nice, but we don't want 7-Eleven anyway. A few other things: I would just ask the members of the Board: pretend you're not here, you're home in bed, and you say "7-Eleven". What connotation comes into your mind? Is it the connotation of the Southampton 7-Eleven, which has become a quasi hiring hall with hundreds of men hanging around all day long? Is it that one? Is it the connotation of 7-Eleven in Cutchogue which--I don't know what happened there--it was approved but there are all kinds of problems with cars getting in and out. I don't know what happened to those parking spaces there. That one is a mess. Is it the connotation of quality food? Last night on NPR there was a little special on the City of Los Angeles. I don't know if they've done it or they're contemplating banning 7-Eleven because of the obesity problem. 7-Eleven likes to locate in Iow income areas and the quality of food speaks for itself. I think we should give some thought to that. I mean, do we care of the nutritional value of a Slurpee? Does that enter into your mind? I don't know. It enters into my mind. Obesity is a problem, and the food that they serve there is just not healthy. Period, end of story. It's junk food. Although the managers are nice, I have no complaints against the people who work there; they're wonderful people, they're hard working, God knows how many hours they put in a week. It's not that. It's the food. Is it the connotation of litter?. They talk about dumpsters with lids on them. We know that story: dumpsters with lids on them but the lid is never closed. (inaudible) has a problem with the A&P dumpster. They've got a nice dumpster there. They put a fence around it; it looks good. The dumpster is always open, the seagulls, the dogs and cats are picking around and they deposit the stuff all along Factory Avenue. Who's going to guarantee that the top of the dumpster is closed all the time? I doubt it. Also I notice when I go to the local mom & pop stores, I see people from the community, kids from the high school. I talk to friends of my daughters, their parents. What is it about the local mom & pops? They seem to employ local people: the housewife putting in her 4-5 hours a day. How come when I go into a 7-Eleven I don't recognize anybody? What's the story there? What's the employment thing there? They get these people that are willing to work--God bless them--12 hours a day? And therefore to keep it open 24 hours you only need two shifts, not three. Because you got these people, so anxious to make it good in America, and God bless them, they'll put in their 12 hours a day. And you only have two shifts. That's why they're not hiring generally local people. You know there's a lot of people who have a lot to say. I have a lot more to say but I don't want to steal somebody else's thunder and I'm sorry if I did already. Thank you. Martin Sidor: Thank you. Catherine Harper: Good evening. For the past 20 years I have been a full-time local person. We have been restoring a local landmark on New Suffolk Avenue in Mattituck. Southold Town Planninq Board Pa.qe Ten October 13, 2009 And I'd like to know: Why do we want to look like Centereach? We already have a McDonald's, a Starbucks, a CVS. Why do we need the incongruity of yet another franchise store welcoming all to our charming town with its quaint Love Lane, its corridors of historic homes, its farmlands and vineyards. To permit a 7-Eleven at that intersection is to invite an unnecessary redundancy in services, traffic nightmares and to designate the area as a hangout and worse, and it's to muck up the gateway to our community so seriously that you might as well just rename the place "Mattimuck". Please, no more franchises for Mattituck, certainly nothing the likes of 7-Eleven. Thank you. Martin Sidor: Thank you. Marie Dominici: Good evening. I live in Mattituck. I have grave concerns for the 7- Eleven. I'll use this as an example: yesterday, my husband and I went to the ice cream parlor across the street. We never go there, but we happened to go there. Trying to pull out of there was a nightmare. You couldn't back up your car. Once you nosed in, you were there until maybe someone would allow you to back out, but in most cases we waited awhile. In fact, my ice cream was melting. So, just that alone; the fact that there is the traffic that exists there already and for you guys to think about putting in this institution to make it look nice and touchy feely kind of thing isn't going to make it better. To the gentleman earlier: no, I will not be a customer. I already boycott CVS and I will boycott that until I die. I will also incorporate 7-Eleven in that boycott. The question I have is: let's just say one of you gentlemen own an insurance company. How happy would you be if GEICO came in? Any thoughts on that? George Solomon: Last I remember this is America and it's a free enterprise system. Marie Dominici: Understood. But, when someone from corporate America is going to come in and put the local guy out of business, what do you feel about that? Let's think about that for a moment. Truthfully, we're taking corporate America and their greed, corporate America as you can see with CVS there on every other corner. They would build a CVS in your backyard if zoning allowed it. OK? So now you're talking about a 7-Eleven. The other concern that I have is: we can only assume that maybe a local person would own that 7-Eleven. But if not, then you are competing with all of our local places: the deli on Love Lane, the other deli on the Main Road, the Handy Pantry. You are taking all of that revenue away to give to corporate America. We are a small community. In our community we like to keep the local guy working. When you bring in 7-Eleven in corporate America, all that is is greed. It has nothing to do with making it pretty and looking nice and all that other stuff. Also my concern is environmental impact. I guess, and you tell me, we don't know what the tank situation is going to look like once you try to transition from a gas station. Who will be responsible for the environmental cleanup? Joseph Townsend: Do you want to address that? There are strict guidelines. Does anybody want to deal with that? About removing the tanks and so forth? Martin Sidor: Why don't you want until you finish your points? Southold Town Planning Board Pa.qe Eleven October 13, 2009 Marie Dominici: OK. Ail right. So that's a concern. And then, does anyone here have the history of accidents that occur on that corner in the last year? I meant to get that information today. I do not have it, but do any of you know what the historical accident information is? Martin Sidor: We do have that information, but I do not remember. We did this two years ago, I believe? Three years ago? For the same applicant, different application. So that is available. Marie Dominici: OK, and who should I call to get that information? Martin Sidor: Staff. Marie Dominici: OK. All righty. Now, so the lighting is going to be a dark skies lighting, correct? Martin Sidor: Right. Marie Dominici: Dark skies. An ordinance that the Town of Southold has adopted, which means there won't be glare and it won't look like a baseball field. Martin Sidor: The lighting is going to be dark sky compliant, where the glare will be reduced, the foot candles .... Mark, do you want to help me there? Mark Terry: Well, we have lighting plans submitted during every site plan submission that show you foot candles in relation to property boundaries. It's against Town Code to what we call "light trespass" over those property boundaries. However, (with) an operation such as a retail establishment, you need sufficient lighting: also, to I guess promote safety and safe use of that site. So, there is a lighting plan in the file that you can come and FOIL and look at if you're interested. Marie Dominici: So it's not going to look like the dentist on the Main Road who looks like a baseball field lit up at night. Mark Terry: No. Marie Dominici: OK. Carting. Where does that garbage from that covered dumpster go? Does it have an impact on our local transfer station? Is that going to add to the transfer station load? Is that going to be a cost to the taxpayer? Martin Sidor: I don't know who is going to be in charge of removal. Mark Terry: Usually retail businesses hire contractors, such as Matittuck Sanitation. So, if they get that, the destination of that solid waste would be the Town Landfill or even carted out in our transfer process. But you know the contractor is responsible for payment to the Town on dumping fees, and weights and things like that. Southold Town Planning Board Page Twelve October 13, 2009 Marie Dominici: Ultimately, if the transfer station needs to be renovated because we have maxed out due to contributions to stores like 7-Eleven. I don't want to pay for that. Taxes here are already what they are and getting worse. So, I don't want to have the Town bestow any additional taxes on me because the Transfer Station may not facilitate at some point. Now, this gentleman, Sean, you are the franchise person? .Sean O'Neill: Real Estate. Marie Dominici: The Real Estate. OK. Because I would like to know if the franchise does not stay compliant, and it gets kind of grungy and disgusting in there, who do we call at 7-Eleven? I want somebody's phone number so I can call them up. What's your number, Sean? Sean O'Neill: 631-278-6769. I will definitely help you out. Marie Dominici: OK. And I will sell that to everyone in the audience, that number, later on. Now, the landscaping aspect: it's going to be really nice when you finally get in and you do all of that stuff which I'm opposed to. But anyway, so you have the landscaping all done. Who maintains that landscaping? Because I've seen landscaping start out nicely and ends up overgrown. So my question to you is: who is responsible for maintaining the landscape two years down the road. Georqe Abizied: Any landscaping is our responsibility. Marie Dominici: OK. My last question is: I guess that would really... I was just going to actually close. So, this gentleman is going to answer the question about the tanks. OK. So, I want to go on record as opposing this, I don't care how pretty it looks, because "pretty" isn't going to do it for me. Thank you. Martin Sidor: I just want to simply say while you are up there, I agree with everything you said in your opening statement. The crux of the problem comes when you say "zoning permitted". That's where now you have to balance. OK, he's got a permitted use in a zoning designation. That becomes now where we balance and how we fit the kind of use that we are talking about here. So in other words we are dealing with traffic and the flow of traffic and landscaping and drainage and lighting and all the things that we do here on the Planning Board. But there is a designation that's been given by the Town Board to this particular property, and that's what we are dealing with. Joseph Townsend: We can only deal with social issues obliquely. We can get into the context of the buffers and lighting and parking and the way it's signed: the way it looks. You can deal with some issues that affect the social aspect of the use, but it's difficult If it's permitted in the zone, we can't outlaw all fast foods. What we did was change the way they appear in town, with McDonald's and that sort of thing. So, we are working within constraints; we are doing our best within constraints. But property has rights, so we have to deal with an application in the best way we can. The applicant, in this instance, has worked with us for the last few months to present this application. Before that, it was another application, which there was never any agreement. So that's what Southold Town Planning Board Pa.qe Thirteen October 13, 2009 we are dealing with. As far as the social issues--how do you keep kids from hanging out, how do you have them serve more healthy food--those are things that are hard for Planning Board to deal with. We understand they exist, but it's hard for a Planning Board to deal with that. The way to deal with it would be through policing and also through changes in the Code if they are viable. Marie Dominici: As the lady previous who said, this area is the last frontier. OK? People come out here and the reason why tourism is so great here is because we don't look like Huntington or Centereach or Selden. OK? But as soon as we start to look like that, nobody has to drive out here to go to a vineyard when you can go to the local liquor store because this place is going to look like the places that they are leaving to come here. OK? So, we could prostitute ourselves to this. And then maybe 5, 10 or 15 years down the road maybe you know Costco would want to come in or maybe a downsized Costco, maybe half a building or something. So you're really jeopardizing the future of Mayberry. This is Mayberry, folks. And we are going to continue to progress; we are going to be putting up more cell towers and things of that nature, but that's not for this conversation. And you're going to ruin it for the people who live and work here because corporate America is coming in. CVS I'm sure has taken away business from the guy on Love Lane and the locals. So how do we keep a small town working when we prostitute ourselves to corporate America. Joseph Townsend: The only thing that I can say relative to that is that there are examples of successful formula organizations. I have seen successful 7-Eleven's on Cape Cod and certain areas on the Maine coast where they actually don't appear to have had a negative impact. We are going to respond to what you say here to our ability. We are going to make this an application that works in the community, but you can't just say that it cannot work, I don't think. I think you have to try to make it the best you can if that's what the zoning requires. Marie Dominici: OK. And the last thing; we talked about the traffic and you said you had the information. Who did you say I should call? Martin Sidor: Staff. Marie Dominici: Mark Terry? Martin Sidor: No, Kristy. Georqe Solomon: The entire file can be FOIL'ed at the staff office so you can get every piece of information that's available to us that's in that file can be yours as well if you want to come up and through the Freedom of Information Act and receive a copy of the file. Marie Dominici: I would love to but I work Monday through Friday in Southampton. So, Kristy, can I have your phone number, please? Kristy Winser: The Planning Office. 1938 Southold Town Planninq Board PaRe Fourteen October 13, 2009 Marie Dominici: Thank you all for your time. Martin Sidor: There were two questions on the table I believe: tank removal and maintenance. Geor.qe Abizied: First, when in Rome, do what the Romans do. We are in Mayberry, we are building beautiful sites. We really went through a painful expense to build and design such a site. The tank question: When we bought this property about 3-1/2 years ago, we did a phase 2 testing, which is really the process to test everything, over ground and underground. In addition, when we got the permit, we decided to move the tanks. We had to go submit an application to the Town; we have a licensed company who will come and send a crew to remove the tanks. We sent the soil to a lab to be tested before they allowed us to close the ground. So if anything is found in the soil, which we know and believe that the soil is clean because we just tested 3-1/2 years ago. If the soil is dirty it is my responsibility, it is GAMA Property responsibility to really replace all the soil on the ground and then cover it. As far as the maintenance of landscaping, I think Ms. Moore addressed it, but it is our responsibility to maintain the landscape. I invite all Board members, I invite all attendees in here to visit any of the properties that I run, and you can check my properties at GAZRealty.com to see all my properties have zero mortgage on it, so we have money, effort and time to spend to maintain them. We have fountains working, they're green as it was the day we opened. One of the reasons the Port Authority wrote me the RFP to build at Newark Liberty Airport was that one Board member statement was: "GAZ Realty site in West Babylon on Sunrise Highway opened three years ago; it looks like it was opened yesterday." We maintain our sites. Thank you. Martin Sidor: Thank you. John Condon: Good evening. I am a licensed professional engineer. My partner is also a licensed professional engineer and he had sent a letter to you folks with regard to a review that both of us had done with regard to the site plan. The site plan as shown on this particular drawing here differs from the one that we FOIL'ed. The one that we FOIL'ed had the entrance from Factory Avenue and the exit to Factory Avenue separated by a partial island. The exit onto Factory Avenue had it curved so it gave the trend of somebody that was coming out of this property to go right and not left. Now I've lived in Mattituck on Sigsbee Road, which is right across the street from Factory Avenue for 30 years. So I've seen what goes on at this particular intersection. You have to understand what goes on here as well as what goes on in 7-Eleven's. I've been at several 7-Eleven's throughout Long Island. I've used their services and everything else. I guess when you take a look at lunchtime, particularly in places like Cutchogue, what do you find out in front on the Main Road? Trucks with all of their workers going into 7-Eleven. They're not from out here; they're going to deliver something, they're used to going to a 7-Eleven; they see a 7-Eleven. Can't get the truck into the parking lot, park on the Main Road, go into 7-Eleven. Are we going to have the same thing here? It's a bad spot. 7-Eleven in Cutchogue at least you're not at an intersection. Southold Town Planning Board Pa.qe Fifteen October 13, 2009 Here, you have an intersection. Are we going to have a situation of trucks parked on the Main Road in front of 7-Eleven contributing to the traffic issues associated with the Main Road. Georqe Solomon: Mr. Condon, as you well know, a site plan is a work in progress. So when you did get your copy of what was in the plans, obviously there has been some changes to it since then. One of the things that you'll find in the plans is there's a truck template that requires all trucks be able to come in and park on site. This is something that was given to us and has been reviewed in the process. So, no, there will be no parking on the Main Road of trucks. There should be enough room within the site to cover any kind of truck that comes in and out. John Condon: Well, I haven't seen the current site plan. Will there be enough signs out on the Main Road indicating that to stop it? George Solomon: Again, that's a DoT requirement for signage. Obviously DoT will be putting up signs as they feel needed. John Condon: The second issue has to deal with Factory Avenue. Right across the street on the corner, we have an ice cream parlor. It's a very popular ice cream parlor. There are times where the parking lot is filled. The way people get out of the parking lot is to back onto Factory Avenue. Factory Avenue is used as the exit for the shopping center. So a lot of traffic goes out onto Factory Avenue because there's a light there. They don't have to make a left hand turn across the Main Road. This is their route to go east. To add additional traffic by allowing a left hand turn out of this property onto Factory Avenue is terrible. I'll give you an example: fortunately the gas station that's there today does not do a zooming business. But I have sat at that light waiting to go across to Sigsbee Road and there have been trucks or care that have come out of the gas station that have blocked traffic that were making a left hand turn onto Factory Avenue from the Main Road to go the shopping center, that were backed up onto the Main Road. The only way they could go is to have that car move and they can't move because now there's traffic blocking the Main Road when the light turns green. To make a left hand turn out of that property given the increase in traffic that's going to be associated with a 7-Eleven is only going to create a similar situation that's eventually going to result in somebody getting hurt. I really think that there should be some sign saying "no left turn out of this property". In fact, one of the suggestions my son had made in a letter that we had sent to you when we first looked at this site and were talking about traffic issues together, was to have some sort of an exit from this property into the parking lot of the shopping center. Georqe Solomon: I think that the gentleman over here would love to have that, but that's not something that has been offered by the shopping center. They have offered up a cross easement to the shopping center, but the shopping center has denied that. That's something that we as a Board would like to see, obviously, we would love to see that, but it's not something that has been offered nor can we force to offer. Southold Town Planninq Board Page Sixteen October 13, 2009 John Condon: I have to tell you from traveling so much on Factory Avenue, to allow left hand turns to go right onto Factory Avenue from this property, given how much additional business that's going to be generated as a result of being a 7-Eleven is going to be terrible. George Solomon: So what you're telling me is that the preference would be to send the traffic to the neighborhood. John Condon: Sending the traffic to the north. George Solomon: Through the neighborhood. John Condon: Nope. If they want to go out on the north road, they go out on the exit going out onto the Main Road. George Solomon: And then they would not be able to head east from there. John Condon: If they have to go east they go down into the parking lot or go whatever. Georqe Solomon: So what you're saying is you've got to send them into the neighborhood in order to head east, and I don't think that's what the people that live on Factory Avenue would like to see. John Condon: Well, I have to tell you one thing: to tie up and create a traffic jam on Factory Avenue as a result of traffic from that is not doing anybody any good. George Solomon: I don't disagree with you one bit, Mr. Condon. I live in the neighborhood myself and I understand the restraints of the Magic Fountain and the parking in the area because I too am in that position where I get my ice cream and have to back out from time to time. But again, this is somebody else's property that is creating a problem for another piece of property. When we look at again the usage and what's allowable by use, we have to have some sort of ability to work around problems. John Condon: Right. And this is a problem. Work around it. George Solomon: We are working on it. John Condon: OK. But this is a significant problem. And you are experienced at seeing this. You should be able to relate to this. Sit yourself on Factory Avenue trying to go across. George Solomon: I have. I've actually sat on that corner for hours. John Condon: Now picture the traffic being doubled and tripled of what it is today going left hand turn blocking the traffic onto Factory Avenue from that property. Southold Town Planning Board Pa.qe Seventeen October 13, 2009 Georqe Solomon: I think that with the improvement of the comer, that will change somewhat. John Condon: I don't agree with you. Thank you for your time. Martin Sidor: We are well aware of the traffic. The DoT's comment (if I could paraphrase, Kristy?), was that they thought the softening of that curve would be sufficient enough to answer all the questions that are being brought here today and all the questions that we had as far as traffic flow. Kristy Winser: Right. John Condon: Wait a minute. Taking care of that curve will make it easy for people making a right hand turn. It's not taking care of the traffic that makes a left hand turn from the Main Road onto Factory Avenue. George Solomon: Yes it will. John Condon: How? Georqe Solomon: Because it's widening that corner. John Condon: No, but it's not making the street wider. Georqe Solomon: Of course it's making the street wider if you're cutting the radius of the corner ..... John Condon: I understand what you're talking about. The fact of the matter is that once you get back 50' from that corner or 30' where the exit of that property is, Factory Avenue is the same width as it is today. If somebody's gonna come out of there to make a left hand turn, their car is going to occupy the entire lane of people that want to come onto that lane going north. Think about it. The only thing that easing of that curb is to make it easier for people to make a right hand turn. And quite frankly, after CVS, they should have done the same thing. Unfortunately, CVS didn't have the property across the street. But I have to tell you, making a right hand turn from the Main Road, Sigsbee Road, going south, is the same type of angle, and it's very difficult. So I think it's a good idea that they improve that curve. But it didn't do anything--just picturo somebody coming out of this parking lot making a left hand turn. Nobody's coming from the south. They go out there and they see everybody backed up at the light. So they are going to make their car go right into the lane. The light turns green for the people making a left hand turn. They start to go down Factory Avenue. This guy is in the center of the street. What do they do? They can't go through him; they stop. People are making a right hand turn from the Main Road onto Factory Avenue. This guy is in the way. He can't go anywhere because the light is red for people on Factory Avenue. So now the light turns green. Everybody is backed up in the intersection. So where does the traffic go? It's a mess. And right now fortunately the gas station Southold Town Planning Board Page Eighteen October 13, 2009 doesn't get that much business that dumps onto Factory Avenue. They people that do, they get onto the Main Road and whatever, and you don't see that happen. But I have to tell you I've gone out of Factory Avenue several times. Every time somebody came out of that property, they run across and block the lane of traffic going north. It's a bad situation. You have to think about it. It really needs to be addressed. Martin Sidor: I just received your letter today. I take it all this will be in it. John Condon: When my son and I looked at it, it looked like there was some attempt to try to rome the traffic to go north. What our question was: will there be a sign that says "no left turn". That's a critical item associated with this property. Martin Sidor: And that cross over agreement will be burdened on this property. Somewhere down the line, if there has been a change of heart on the land owner, it would become available. John Condon: Thank you very much. LeRoy Heyli.qer: Good evening. I am a resident of Mattituck. I live on 1585 Wickham Avenue. I am a deacon at the Unity Baptist Church, which is located approximately 250-300 yards from this site. Several of our members live on Factory Avenue. They also live in The Cottages. The Cottages has expanded; they've had two births, that's four children since the Cottages were put there two more children have been born. They said there's a sidewalk. There is a sidewalk on the side coming down Factory Avenue where the mall is. But by our church, the sidewalk ends. Then you have to walk in the road. I have seen them come out of the Cottages to utilize the mall and there's no sidewalk for them to walk on; they have to walk in the road. Now I don't know if you've been down on Factory Avenue any morning during the week between the hours of 9 and 11:00. You see the bread trucks, you see the 18-wheelers. When that railroad bridge was demolished (it had to be raised) 15 years ago, the truck traffic had to go around Laurel up to Sound Avenue down Old Sound Avenue Road and come in on Factory Avenue. They've been doing that ever since. That used to be a little country road, but now it's a major thoroughfare. You talk about social issues, I'm here trying to represent our church, the residents that live on Factory Avenue, especially that section there where those trucks come down and also the people who live in the Cottages who have to come out of the Cottages and walk down to use the mall. I have seen them have to dodge trucks and cars that come across that railroad track. I have been before the Board and I have asked them about lowering the speed limit: can't do it. It's 35 mph speed limit. Other places here in Town the speed limit is 30 mph on roads that hardly get any traffic at all. I talk to them about the traffic; we had a funeral at our church a few months ago. The truck driver comes in there and tells us: "Move that hearse from in front of the church so I can back in". Those are the kinds of things we have to put up with. I have pictures here showing the damage that was done by trucks---can I bring this up to you--that ran over our property. And they come out of New Jersey and Massachusetts. We are getting fed up on Factory Avenue. The residents are getting fed up and African Americans who live on that street and go Southold Town Planninq Board Page Nineteen October 13, 2009 to that church are getting fed up with the way we've been treated. The road has never been paved. You go down Skunk Lane, they got Skunk Lane is all paved. Go down Cox Lane; it's all been paved. They tell me "we can't do anything with Factory Avenue because we don't have it in the budget." But they can pave the other roads: Cox Lane Skunk Lane. They can take care of the other parts of Town, but what about Factory Avenue; what about us who live and reside and worship on Factory Avenue. I'm appealing to the Board; consider it. Someone is going to get killed on that street, and hate to see a little child get run over coming out of the Cottages trying to get to the mall. The Cottages are situated in an ideal place where they could walk and go shopping and bring shopping carts. I don't understand why we're being picked on on Factory Avenue. Thank you. Martin Sidor: One question: wasn't it: maybe because of the Cottages recently that sidewalk was either expanded or upgraded, or no? LeRoy Heyliger: No. Martin Sidor: It was asked for, but it wasn't ..... LeRoy Heyliger: When you come across the railroad tracks, it's dirt; you can't go through dirt on that side. When you come out with the carriages, or strollers, they grab their children and pull them right back and the cars come flying over; they don't stop. Just go there someday and observe what is going on on Factory Avenue. What about our quality of life on Factory Avenue? What about the residents and their quality of life? You talk about it's not a social issue; it is a quality of life issue for the ones who live there. I thank you. Martin Sidor: Thank you. Melanie Norden, Greenport: Next Tuesday at 4:40 p.m., the Town Board is holding a hearing on a Local Law in Relation to Amendments to the Zoning Code Article 10 entitled Hamlet Business District and Article 11 entitled General Business District. These amendments address concerns that the Town Board has held for some time regarding convenience stores. I wonder if you could qualify for me the contribution either of the Planning Board or the Planning Board Staff in these amended zoning regulations. In other words, who wrote them; were there contributions that the Board or the Staff made to these? Martin Sidor: That usually comes out of the Code Committee where the Town Board, Attorney and Planning Board members and Staff attend at their discretion and time. Melanie Norden: OK, so could you define the Planning Board's role with this, please? Martin Sidor: I made I believe two meetings: probably the first one where it was brought up and I don't know if really much took place at that meeting, and the latter part where it was discussed to be for accessory use. Southold Town Planning Board Page Twenty October 13, 2009 Melanie Norden: Because it just seems to me extraordinarily curious and quite upsetting in terms of Town planning and forward thinking that the Planning Board would be holding a hearing this evening on this application and the Town Board next week would be addressing issues vis ~ vis convenience stores. Somehow the planning and the timing seem strange; but I do want to read into the record some of the wording so that we are all aware of the concerns of the Town Board with respect to convenience stores. Addressing Mr. Townsend's comments, I'd like to say that from everything I can see, both with respect to the role of the Planning Board and the Town Board addressing social, economic, and environmental issues is very much a part of your role. So let's read the purpose of these local laws so we are all clear that the Planning Board does have a social and economic and other perspective role to play. "The goals of the Town of Southold (and that does include the Planning Board) are set forth in numerous planning documents over the past 20 years, and include the preservation of land, preservation of the rural culture and historic character of the hamlets, preservation of the Town's natural environment and natural resources, promotion of a range of and business opportunities that support a socio-economically diverse community and an increase in transportation efficiency, while preserving the scenic and historic attributes of the Town." I am not sure we have achieved any or certainly not all of this. But in any case: "In consideration of these goals, the Town has found that certain retail uses have characteristics that can cause an adverse impact on the public health, safety and welfare. Convenience stores, because of their proximity to similar uses, and their operation characteristics including increased traffic generation, long hours of operation, bright lights and the noise and litter problems associated with such uses tend to be more intrusive to the community and have the potential to cause adverse impact. This local law is intended to mitigate the potential impacts of convenience stores by ensuring through the appropriate revisions of the Town Code that convenience stores are located on sites that have adequate on-site parking ..... "and bla bla bla. Anyway, it does go on to address in about 8 pages, there is amendments, to the Code. Now my question really is: why is it that you say that you cannot anyway make changes to the law, make decisions, when in fact the Town Board and the Planning Board can work on a Code that seeks these amendments. Oddly enough, all these amendments address small convenience stores, mostly attached to gas stations, that don't have anywhere near the kind of impact that we are talking about that this 7-Eleven will have. And yet, the Planning Board and the Town Board are ruling to talk about the impact of those convenience stores, but somehow the impact of this convenience store is left out of the dialog. So I don't really understand, Mr. Townsend, when you say that the Planning Board doesn't have the social economic role. That is in violation of everything that presumably in terms of master planning the Town of Southold puts forth as their overall and overarching goals: Number One. And Number Two: I just don't understand why, if you can address issues having to do with small convenience stores, why it is that the Planning Board cannot work, as you did, Mr. Sidor, by attending these meetings--- cannot work to address the issues of much larger convenience stores by amending the law. So what I'm really suggesting is that we need to expand the law and the hearing next week to include issues that have to do with much larger convenience stores. Otherwise, it seems to be completely useless that we would address the issues of very tiny places that actually might close at 5 or 6:00 at night and wouldn't have lights on, Southold Town Planning Board Page Twenty-One October 13, 2009 and we won't address the issues of much larger stores that will really have an incredible impact on traffic, safety, health, the environment, and everything else we've talked about tonight. Martin Sidor: It makes a lot of sense to me, but I was given one piece of advice Melanie Norden: Excuse me; I just want you to speak from the perspective of where the Planning Board's role is in this change to the Code and why that role wasn't expanded to address these issues for larger convenience stores. Martin Sidor: The Town Attorney's advice was that you simply must work under the Code that is present today. Melanie Norden: Are you saying that the present code does not address issues of large convenience stores? Martin Sidor: (inaudible) to get to this point; and we are addressing some public concerns now; the other pieces to put this thing and how it's going to fit. If there is any lawyer in this audience who will tell me otherwise, that we basically must work under the restraints or what have you of the code today, Melanie Norden: No, I understand you have to work under the restraints of the current Code. But I am saying to you why couldn't you, as the Planning Board or certainly the Planning Board person that attended these meetings, why couldn't the Planning Board have had a wider vision to include amendments to the zoning law that would address issues of larger convenience stores? That's what I'm asking. I mean, how could you address the issues or even how could the Town Board at all raise these issues next week; how can the Town Board address the issues of small convenience stores: everything from signage to advertising to lighting to a whole host of concerns, and not address the concerns of larger convenience stores? I'm just asking from a Planning perspective that makes to me virtually no sense. Mark Terry: Melanie, as you know, the Planning Board is not the legislative body of the Town. Melanie Norden: I am well aware of that. Mark Terry: The Town Board is the legislative body of the Town. We react to the direction of the Town Board when we amend legislation. Their direction was to design a law to incorporate design standards for accessory convenience stores to principal uses such as gasoline stations. Not to say that the Planning Board did not discuss and/or draft certain design standards for other convenience stores. So we are part of the process. However, we do not dictate the process and the Chair does not dictate the process; we react to Town Board requests. Southold Town Planning Board Pa.qe Twenty-Two October 13, 2009 Melanie Norden: OK, but does the Planning Board have any responsibility for envisioning the future of the Town? In other words, you're not just a responsive body that sits there willy hilly when the Town Board says "do this" or "don't do that" and you don't do anything? In other words you're not just a reactive body; you are a proactive body also creating and responding to the law. I don't understand how this role becomes the role that the Planning Board just does what the Town Board tells it to; is that what you're saying, Mark? Mark Terry: No, I'm saying we were directed by the Town Board to develop a law for design standards for convenience stores, and that's what the Town Planners did... Melanie Norden: It's not just design standards; I mean this addresses much larger issues Mark Terry: No, we're talking about zoning. (inaudible) that was not the charge by the Town Board. Melanie Norden: I understand that, but what I'm sort of asking, I guess, is why the Planning Board couldn't have played a more proactive role and included large convenience stores with small convenience stores. That would have made some sense to me. The other question that I did have had to do with parking. I understand that apparently there is 2,645 sq. ft. of retail storage space or whatever. So how come they only have to address parking for 1,750 sq. ft. They have to provide parking for 1,750. Pat Moore: We are providing parking for the entire building. It's based on one space per 200 sq. ft. And the 200 sq. ft. is not based on the floor area of the retail, it's the entire building. So we have to provide by code: 14. We are providing in fact 24. Melanie Norden: Right. OK. The other thing to look at in this proposed amendment for the Town Board to address is the one parking space per 100 feet. So basically the small convenience store, which actually has fewer resources, is going to have a larger burden to pay than the larger convenience stores. If I were the owner of a smaller convenience store, I'd sue you guys. And I'd say you're actually providing a double standard. You're saying that large convenience stores have to provide less parking than small convenience stores. And in many ways there is an incredible relationship between all of the issues and this law between large and small convenience stores. That's why there should be a vision that incorporates all convenience stores going forward. I will make the same comments at the Town Board, but I am very disappointed because obviously you can see, Joe, that social, economic, rural, environmental issues are a part, not just of the Town Board, but they're the charge of the Town of Southold in its entirety, which includes all of its committees. Joseph Townsend: May I respond? Melanie, we are here to review a site plan. I didn't say we couldn't address social issues; that's our job. I said we can't address such issues as what kind of food restaurants serve or where people stand outside. That sort of thing we can't do; we can only, when I say obliquely address them, we can address them because we have guidelines. We can increase the buffer, we can reduce the Southold Town PlanninR Board PaRe Twenty-Three October 13, 2009 buffer. We have discretionary powers to protect any community against unwanted use or undesirable consequences. That's why the comments by the engineer before were perfectly appropriate within this venue; because they address the specific issues of this venue, and that's when you are talking you want to focus on this site plan. You're talking about things that are within the power of the Town of Southold to accomplish to change the way we zone; to change what uses are there. But we can't do that here. And when the Planning Board does do that, we review all the documents that come out of the Planning Department. We look at, we review, and we make our comments. Sometimes we attend a Planning and Zoning Committee Meeting. Sometimes we have input on these things. And that's true, while you're saying social concerns and that in those instances are paramount; not that they are not paramount, but we have very defined ways that we can deal with them. So that's what we are trying to do. I think in terms of a productive use of everybody's time would be to focus on this particular site plan and figure out how we can improve it. Melanie Norden: Well I think what many people here are saying that we need to have the Planning Board focus more broadly on those diverse issues. And I think that actually is within your charge. I think it's within the charge of all committees in the Town of Southold. So when we address economically diverse community Joseph Townsend: It's not the purpose of this meeting. The purpose of this meeting is to review the site plan Melanie Norden: I understand. Joseph Townsend: and there are a lot of people that want to discuss this site plan. We should probably get on with it. Melanie Norden: Anyway, that's my point: that you do have the power and the authority to address the economic, social and all the other issues that go into--it's not just the site plan-it's the building of the 7-Eleven itself. We don't want to just discuss the plan because many people don't believe this building should go up. We want to discuss all the other things as well: the socio-economic and all the other implications of having a 7- Eleven at that site. And I would purport that you have the power to discuss those things. And if it's not going to be immaterial-in other words, if we are going to limit the hearing to a discussion of just the site plan, then we either have another hearing where we discuss all these other implications-and I would propose that the Planning Board hold one of those and that we don't simply discuss the site plan but we discuss all the other issues that many people have raised that I think are germaine, much more germaine to this issue than just how the traffic will flow or how the parking will work. Thank you. Martin Sidor: just want to add one thing: it's not as simple as it may sound to get the proper definition on whether Handy Pantries are put into this type of definition. There's much more to it. And I'll speak for myself, this is not passing the buck to the Town Board. Southold Town Planninq Board Pa.qe Twenty-Four October 13, 2009 Melanie Norden: But I think the reality is that if we can't define it, we need to change that and we need to be able to define it. And you're telling me that the zoning doesn't allow you to define what a Handy Pantry is or what a CVS is or what's a small convenience store or what's a large convenience store, then we really need to address that. And that would be a much better role for the Planning Board to play because it's visionary, it's forward thinking, it's planning for the future. Thank you very much. Martin Sidor: Thank you. Benia Schwartz, Cutcho.que: Good evening. I thank the Planning Board for posting this hearing tonight. I thank the applicant for coming with such a full crew of talent, and all the public for showing up. It's very important that we're here and that we focus on the issues but not too narrowly. To briefly address the point of the speaker before us, this is not the Planning Commission. The Town of Southold formed a Planning Commission to create a Comprehensive Plan, and I don't know if they finished or not. But then it turned them into a Planning Board, which is not a forward-thinking legislative or quasi- legislative body; it's a quasi-judicial which looks at the application before it and the laws that have been passed in the past. They really don't have the authority or the jurisdiction to do planning. Two days from now there will be a meeting: the Town Board will be having a meeting here at the same time (6:00) presenting the Master Plan. Unfortunately the Planning Board is not the Town Board; neither is the Planning Dept. the Planning Commission, and the Town Board is not a Planning Commission either. They have legislative power, but we don't have a Planning Commission, and we're approaching this new master anyway. That's all tangential. Today, we are here to give you input so you can make a judgment call. I appreciate the fact that you're listening. I also appreciate the fact that you've already made a lot of decisions along the way to get here. But the final decision, whether you approve this plan or not, that is more important than what the zoning permits or does not permit. We are not here just to determine what's permitted or isn't permitted under zoning; we're here to determine whether or not to approve this site plan for this applicant. Now, granted the CITGO Station that's there now is not like one of these old barns or some of the other lighthouses or a rural gem. A CITGO station is a gas station. It happens to be one of the most favorite gas stations in Southold Town; a lot of people love it. It could use improvement. I don't believe that somebody said this evening that the Town cannot make any improvements until a proposal for a new development arises. A couple of things: this application--it's a judgment call. To say that they're going to make traffic improvements--and yet we all know we're talking about more traffic and faster traffic. I question whether that's an improvement. As you all know, the Main Road was improved not too long ago. Now we have the suicide lane right in front of Pequash. I live down Pequash Avenue, and every time I come and have to make a left turn there, I have to sit because there's always oncoming traffic nowadays. I have to sit there facing the traffic head on. I've had Hampton Jitneys, especially because the Town does not maintain Pequash Avenue where there used to be a white stop line. But there are so many cars these days that they've totally worn away the white stop line. People pull out in the middle of the road because the neighbor's property is blocking the view. But that's in Cutchogue; let's get back to Factory Avenue. The south end of Factory Southold Town Planning Board Pa.qe Twenty-Five October 13, 2009 Avenue I believe is called Railroad Avenue. First of all, this drawing here, I don't know where it is. It's a beautiful fantasy land, but it's not Factory Avenue. Those trees are not and never will be Railroad Avenue or Factory Avenue. There is a shopping center around there and it's on the Main Road. I'm very familiar with that location; I drive a truck into that gas station on a regular basis. I know we're looking at this specific property, but we need to look a little bit around. Just today I was there, and the North Shore Yacht Sales on the Main Road just west of this corner, they are using the shoulder of the Main Road as a display room and advertising. They've got big boats there with huge signs on them "Boats" in the public right-of-way. Now that could end tomorrow on the initiative of the Planning Board or the Town Code Enforcement Officer, enforce the law. On the side of the Mattituck Shopping Plaza, when I came down there today, the exit onto Factory Avenue, on both sides of it there are signs that say "Parking Prohibited at all Times". There's a Coca-Cola truck on one side, a Pepsi truck on the other. Then comes the beer truck. But they didn't park, they pulled right in. The other trucks were waiting to get into the loading dock; they were all parked in "no parking zones". I actually had a cell phone with me; I tried to call the police, but they were more interested in my birthday than coming down there and looking at the problem. So it's not going to get any better until we all stand up. There's also one other issue that I think the Planning Board or somebody in the Planning Department. Also I forgot to thank the Planning Department for hosting this forum, and I appreciate all the hard work and the good work that you are doing. But there are some things I think you miss, so we try to help you plan them out. The Yacht Sales also has eight trailers parked on the lawn of what looks like the house next door. Maybe they own those residences, but it seems like that's zoned residential; it's also being used commercial. So this application here-the applicant is saying they're gonna take a 2,000 sq. ft. building and add on a couple hundred square feet, make it 2,600 sq. ft. roughly. But really, the convenience store that's there now looks to me like something like 100 sq. ft. where you could buy soda and cigarettes; that's about it. And they're going to a 1,790 sq. ft. sales floor. So the convenience store is not going to be getting a little bigger, it's going to be getting 10 or 15 times as big, and I think that's going to be intensifying the use on this property. Pictures are mostly the Triangle Yacht Sales and the trucks on Factory Avenue. Also if you go down the street a little bit, the sidewalk stops at the end of the shopping center plaza and when that development was done, the Planning Board at the time required them to put in a sidewalk. The Planning Board should have known that sidewalk wasn't going to do much good, just going to put people in harm's way unless it would go--the fact that they just did that affordable housing development and didn't connect the hundred feet is really sad comment on our planning in Southold Town. Hopefully next Thursday we are going to get started in a different direction. But if you keep going up the road past the church, you get to Sound Avenue that goes into town there. Again, there are no sidewalks up until you get to the railroad track. The lines in the middle of the road wave and the people all speed there. God help you if you have to work there. Of course you don't have the train coming at you like you do on Railroad Avenue, but that's a small benefit. In one of the reviews, there was a determination that the 7- Eleven would not create more solid waste than other retail uses. Why are we comparing it to other retail--what other retail use? There's a gas station there; the 7- Eleven's going to make a lot more solid waste than a gas station. Again, I want to thank everybody here tonight, but I say "No thanks" to 7-Eleven. Southold Town Planning Board Pa.qe Twenty-Six October 13, 2009 Martin Sidor: Thank you. Mary Helen Crump, Pastor, Cutcho,que United Methodist Chumh: Good evening, Mr. Chairman. I do have parishioners that do live on Factory Avenue. I was at the Mattituck/Cutchogue Clergy Association this morning when the deacon came and brought his concern. What struck me is the amount of anecdotal evidence about the concerns about the Factory Avenue pedestrian conditions, truck traffic and the concern that the road really isn't up to safe travel. My question is: has there been a traffic study done to quantify what the conditions are on Factory Avenue? Do you have one to produce? Joseph Townsend: There's one in the file. Georqe Solomon: When the applicant in front of us tonight had proposed a carwash and a convenience store and the gas station--all 3 uses on there--there was a traffic study that was submitted to us. I'm sure that's still around. The owner of the study was the applicant, and they gave it to the Planning Board as we requested. Mary Helen Crump: Has that been handed out or made available? Did we even know that existed? George Solomon: It can be made available. It's FOILable. Mary Helen Crump: What I hear is a pretty heartfelt appeal to hear what it's like to live on that road--the traffic on that read. I think that a comprehensive study is overdue. Because that looks to me like a little country road, and it's handling a 4-lane traffic kind of situation because of the trucks trying to park, the hearses are being ordered off--I have never heard that--I am shocked. Georqe Solomon: That's a first for me too. Mary Helen Crump: That curb in front of a church is an exclusive place for the pastor and any religious vehicles like a hearse or a wedding; it's exclusive use for that. They do that in Brooklyn; they do that in Lindenhurst; they do that in Bethpage to honor that community service by a chumh. We provide a service and should not have to content with commemial traffic (inaudible). Obviously there are no signs out there, there's no enforcement. Personally I have negotiated some trucks going down there and I was shocked. I had to go in the opposing lane because a truck is parked apparently legally next to the shopping center. I had to go in opposing traffic in order to proceed north. To me, that has to appear and be quantified in the traffic study: to what extent are you forcing regular traffic into illegal situations? To what extent are you forcing ladies with baby carriages to pull their kids out of the way? And not just offer compassion. I'd really like to see the numbers and I think that might be of interest to the public. In order to be able to knowledgeably understand what we're talking about in judging the merits of the application, or maybe this is just the cart before the horse, and the store has given us a blessing to finally bring up certain concerns that were very serious before this application came out. Southold Town Planning Board Page Twenty-Seven October 13, 2009 George Solomon: I don't disagree with you at all on that. There are many times and, as I said before earlier, I've stood on that corner for hours at a time watching the situations. I live in the neighborhood and not far; I live just on the other side of the North Road, and I travel that street quite often. But again, the truck traffic that you're talking about now is not being influenced by this application. It's being influenced by the shopping center, by the Waldbaum's, by the bank, by the Rite-Aid and all the other pre-existing situations. As I said earlier, one of the things that this applicant has shown us with their application is a truck template. That shows that all truck traffic will be contained within their site. This is something that was very important to the Board and we looked at this from a very varied point of view. I've sat on that corner and watched, as you said, double parked trucks on that road. But again, this is not something that we have to take on because of this applicant; this is something that we should take on because it needs to be done. Mary Helen Crump: Well, what is in this traffic study? Does the study look at the addition of the traffic on Factory Lane? Did they look on the quantified pre-existing use of the road? Does that study say that? Joseph Townsend: The traffic study as I recall dealt with the numbers; it was accidents and it wasn't as detailed as say the one we did at Heritage, where you have 300 or 400 houses; but it did deal with the usage of the existing gas station and what it would have been with the gas station and the carwash. It's felt, although the gas station apparently is not that busy, though, that an active gas station will generate the same kind of traffic as a 7-Eleven. I know that it may not be the case now, but if that gas station and convenience store were normally used, it would generate the same kind of traffic. George Solomon: Drop the price in the gas there to $2.50 a gallon and see how much Joseph Townsend: One thing I did want to point out about the traffic study and the work that we did on that was that corner. I know the engineer mentioned that "well, that's not gonna solve a lot of the problem" but in fact what happens now if you stand on that corner is people coming from the east turning north, they actually have to go in the other lane because it's more than a 90 degree angle. So quite frequently, that slows and stops traffic, and brings traffic into the other lane. So that will have some effect on the Mary Helen Crump: I call them speed turns. And it's very hard, once you put a speed turn in, watch out being a pedestrian. Joseph Townsend: And the other thing that's happening in terms of traffic in that area is not having any one way going in and one way going out, as opposed to having somebody pulling out onto the Main Road. That's the other thing. Right now, you have traffic going in and out on the Main Road. Southold Town Planninq Board Pa.qe Twenty-Eight October 13, 2009 Mary Helen Crump: I understand that the application addressed the specifics of that site and alternative uses. It's really about that piece of property I think is what you're saying, and the applicant was required just to address comparative uses or something like that. But that's not what the folks are saying that I hear. I'm asking that the record show that I've asked for a traffic study that would really address the kinds of things people are saying they are already living with and shouldn't be required to live with and how this application they feel may actually worsen that situation. That's my request. Martin Sidor: And I believe this has been an ongoing problem for several years now. So whether or not this is going to exacerbate this particular problem, I just think this is probably something that should be looked at period. So somewhere down the road a general recommendation may be Mary Helen Crump: In this process of this public hearing, that that information, provided if it's in the files or generate it, because that's what I hear people saying is we need, I would like see the numbers. If the numbers are great, fine. Let's look at the numbers so everybody can say see maybe certain hours of the day we have to do this little thing. Let's quantify it and get it off the anecdotal charts. George Solomon: I think one of the things that really needs to be processed here as opposed to the problems that are happening on Factory Avenue, it seems to me that this is an enforcement problem that's not being done either at the Town Police Dept. or the Town Highway Dept. level. Mary Helen Crump: But let the traffic study say that. That's what they're asking for. I think that's what we need. Georqe Solomon: I don't believe we have the right to ask this gentleman to bear the cost of that. We can ask him to give us a traffic study to what will affect his piece of property and how the surrounding area. Mary Helen Crump: Let the people then know that is what the basis of your decision is; that you're going to disregard any precondition on the Factory Avenue and their concern that this may make it worse. Geor.qe Solomon: I don't think we're gonna disregard that Mary Helen Crump: Well if you cannot quantify it, who's talking about what? That's apples and oranges. George Solomon: Well like I said there is a traffic study that you can FOIL. Mary Helen Crump: Let's see it. Let's see it. Thank you. Martin Sidor: OK. That will be made available. Thank you. Southold Town Planninq Board Page Twenty-Nine October 13, 2009 Beth Stearns, Si.qsbee Road, Mattituck: I don't know what all the formal institutions are within the Town to address particular questions of any issue. If there was another venue for the public to express their concerns about this issue, I wasn't aware of it and I apologize. But I think that if the public comes and presents points of view, it seems to me that the issues that are being raised tonight would come prior to the specific issues that you are considering. If it becomes obvious that the broader issues were not met before the specific issues are addressed, then perhaps the specific issue should be put on the back burner and the broader questions be addressed. Because the people, you call it a public forum, and therefore the implication is that you want to hear what the broader questions are. I don't think that when you say a public forum you imply that there are going to be people here who have special insight as to buffers and engineering problems. There may be some people who can address those issues, but the public, I think, are speaking about some other issues in general. And I think that the traffic plan that's presented may be better than another traffic plan, but I think everyone knows that it's not going to make less traffic than there is right now. That's just obvious that's not going to be the case. You cannot say that a few feet down the road where the church is and the Waldbaum's exit is not going to be affected by 7-Eleven. Of course it's going to be affected. The place is just too small. It just can't handle what a street has to handle. It's not fair for this organization to take on all the burdens of the area, but it is up to the Town to protect its citizens. Not just this person; and obviously he is trying to make his business work and he has a right to do that. But to say that the concerns of the citizenry are set aside because of one business is just not right. I think the public servants always have the obligation to look at the needs of all the people in the town before one particular business. I would like to see this. If you can't address certain issues until a property is making a change, well now we've got a property making a change. So whatever is needed by whatever arm of the Town to take advantage of this opportunity to improve things for the citizens of Mattituck; it should be done. If you cannot do it, my humble opinion is that one of you should go to that arm that can address these problems and say: it's not time for us to be doing what we are doing because we've got other things to do. It's a safety hazard; there are issues in that whole area with people hanging around. I feel that unless you can demonstrate we can manage what's already there, why would we think that we could make the problem bigger and it's going to be OK? If 7-Eleven is in a position to not have problems with people coming in and out of their site and people hanging around, let them demonstrate that at their other site. If you've got 7-Eleven's right on the North Fork that have these problems, why should we believe that this site, even though I'm sure these people have a wonderful record for their particular sites, nevertheless, it's 7-Eleven--that's the name that's up there. We have no reason to believe that it's going to be better. I'm assuming the DoT was involved with doing the transportation plan around the CVS. It's not good. It's not good. The traffic light is an improvement because there were trucks parked in front of the (inaudible) and it was very hazardous making a left hand turn out of Sigsbee Road; that's an improvement. But now you come around that corner from the Main Road to make a right turn onto Sigsbee Road, you have someone coming into that middle lane--I guess it's a turn lane or something coming out of CVS--and then you've got all these vehicles parked next to the marina. That is hazardous. It's not OK. So to say to the people: we've got the Department of Transportation and we've got a plan and we've got this and that. The demonstration is that as wonderful as the plan may be, it Southold Town Plannin.q Board Pa.qe Thirty October 13, 2009 doesn't translate into an easier harmonious situation for the citizens that live in that area. Martin Sidor: Thank you. Is there anyone else who wishes to address the Board? Dan Durett, 505 Wiggins Street, Greenport: I go on record straight up saying I oppose the 7-Eleven and if to sound contradictory, I actually love the plan that you have come up with, the architectural part of it, having served as an architectural historian with the National Park Service, so I do applaud the tremendous amount of work that has gone into this. I apologize for the fact that my town has invited you in here to look at a site to build a 7-Eleven when there is so much, as the prior speaker mentioned, there's a lot of cleanup that needs to be done. I won't go into all of my specific concerns about the site plan, but I will echo the remarks of the deacon. For too long, certain communities in this town have borne the brunt of progress. Ironic that the door should open when the deacon mentioned he was asked to move a hearse. ~ will only close by saying that maybe there are times that come when certain communities need to stand up, need to question to commissions, the compositions, the diversities and maybe search for some voices that will give due honor to business as we need it expanded in the Town but also will recognize some of the historic facts of participation or lack thereof. I implore you if your plan is approved that you take it matter of corporate responsibility to look at those sidewalks and encourage your drivers to never ask any church to move a hearse. If you do that, your business will be dead in Southold. Martin Sidor: Thank you. Nancy Sawastinowicz, Cutcho.que: I oppose this plan of a fourth 7-Eleven on the North Fork. I think three strikes and you're out. We have three. I reviewed your number five on the Planning Department review, and it says "a retail use requires no special maneuvering". Well I never go to 7-Eleven but I needed a paper. I went to the Cutchogue 7-Eleven and it was like the worst thing I ever experienced: this huge 16- wheeler truck just crosses across the Main Road, stops traffic on either end, doesn't care if there are cars passing and going, just pulls in front of everybody, goes into the 7- Eleven and if you're in there, you're stuck. If you want to get in there you can't. It was so hazardous, I will never go back to one again, I don't care about getting the local paper, I'll go somewhere else. So I'm very concerned about that thinking there's not going to be any maneuvering. I saw it happen. These huge trucks come in, and they come in way more than the gas station gets delivery of gas; it's the nature of the beast. They get these big deliveries. We can't even handle the trucks that are going down there now and parking illegally. So I think that we should address the problems that exist there right now, which is really an insult to the people that live on Factory Avenue. I think it's disgusting for our Town to treat those people that way and let the trucks park there. You can't see; it's like when you're gonna pull out of that A&P parking lot, or I think they call it Waldbaum, you can't see with those illegal parked trucks. So then it will be an impact on our police department, but they never come. So there's an impact on taxpayers right there if they start to (inaudible) on these illegally parked trucks. So I would like to have you keep that in mind that it will be an increase in our taxes because the police department is a very highly paid position. I am concerned about the solid Southold Town Planning Board Pa.qe Thirty-One October 13, 2009 waste also. It will generate more than the gas station and that's a big concern. I know this is really a great plan, but I just don't think we need a fourth 7-Eleven and that corner is dangerous. I just want you to really think about the rural character of our town that we all fight for-rural character. Not four 7-Eleven's. Thank you. Martin Sidor: Thank you. Is there anyone else who hasn't spoken before? Linda Bollback, Palm Beach, FL: i'm a visitor here. I've been coming to these charming beautiful places here for about 30 years. We have 7-Eleven's, we have a lot of convenience stores, but we have a lot of crime. It's not only 7-Eleven, but it's the convenience stores, and they're horrendous. I mean people don't survive. It just would be a real shame. I think the people that live here privately really have some true issues and I just hope and pray that you really think about this. Don't change this beautiful place. I grew up in Boynton Beach in Florida and we were a little place, too. It's not that way anymore. Don't let that happen here. Thank you. Michael J. Confusione, PhD., Clinical Psychologist: I have practiced in Rocky Point, Ridge and Miller Place where there are other 7-Eleven's and lived in Mattituck for the past four years. My concern, specific to this site plan, although it concerns a social issue, is the youth and the teenagers that have the availability to hang out in the corner of the back of this building. There is no fence that can be put up with another structure or woods or something that prohibit the youth from being back there as there is in Cutchogue. In Rocky Point, there was a 7-Eleven that had the same situation and, although we have no scientific data that that will cause youth to hang out, observation says that when there is a back yard of a parking lot and a corner that's dark, to hang out with the teenagers, we're asking for trouble. There is a heroin epidemic on Long Island; Mattituck youth are very good for the most part, but in any community we have problem youth. This is inviting problem youths to hang out in that corner where they sell cigarettes, beer, all kinds of things that attract the youth to go to that dark corner, park their cars or just hang out. Specific to this site is the fact that you cannot prohibit the people from going into that corner. Whereas in places like Cutchogue you can; there's some things behind it to prohibit it. In Riverhead, you have a driveway going in back of the 7-Eleven, so the only place they can hang out is on the side. And they do. But not bad, because the driveway is in the back. Here we have a parking lot by Waldbaum's where a movie theatre where they all go and an ice cream parlor where they all go. But a dark corner?. I don't think we want them going. And I ask the Board to consider that social issue specific to this site plan. The building is not right for that site by traffic and by the social environment that it will create. Thank you. Martin Sidor: Thank you. Are there any other first-timers? Lynn S. Summers, I've lived for the last 40 years at 1100 Bay Road, Mattituck: I am the wife of the Reverend George Summers who would be here but he's teaching a religious class. I am here to support our friends at Unity Baptist Church, to speak to our congregation utilizes Factory Avenue. We are against having the 7-Eleven there based on everything that everybody has said. We have in this community tolerated McDonald's, CVS and now this. When I came here members said: "We're moving to Southold Town Planninq Board Page Thirty-Two October 13, 2009 Maine; it's terrible." This was 40 years ago. I'm ready to go to Maine. I'm ashamed I live here. And I'll tell you why. I think people have sold us down the river. Big time. The other thing is safety of all citizens. Just like everybody else said. Are you going to do that? We have an election coming up. People in our churches talk. All the pastors got together from Mattituck and Cutchogue. They know about this. I hope you consider this wisely. I hope the Town Board considers this wisely. This is serious to all of us. The door did not open for no use at all. Thank you. Martin Sidor: Anyone else? Michael T. Burke, 155 Woodcliff Drive, Mattituck: Good evening. I'm looking at the site plan and what I'm hearing is that for the trucks, the beer trucks and all the deliveries that are coming in from the east side have to make it and swing into the parking lot. So we have this big truck, it's a one-lane road, right? It splits out just after the entrance to the driveway there--that left turn to go into the CVS area. So I'm looking at this, and I have this big truck that's going to make the turn in there. However, the delivery truck can't get in because there might be another delivery truck or the parking lot may be too full or there might be snow on the ground that's been piled up on site. So they can't get in there and maneuver around and then they have to back up and make their delivery. Then when the truck leaves, the only way the truck can leave--they can't go back out onto 25, they have to go out onto Factory Avenue. For a big tractor trailer truck to turn left, as the gentleman and everybody has been indicating here, they have to swing out onto the other side of Factory Avenue, blocking the people going left. Likewise, deliveries that might be coming in from the west heading east making a left onto Factory Avenue, they have to swing far wide and get into that turn and I don't see how it's even possible. I just ask you: maybe somebody gave you a little car or two or a pickup truck diagram or whatever you want to call it. But in reality if you actually had an axle length of what it is, I'm just looking at it; it doesn't look too good for me. That's a terrible intersection. It's a great business intersection, but I don't believe for a 7-Eleven. Maybe it should be another gas station or something like that. But the amount of traffic that all 7-Eleven's just draw, and that's good for 7-Eleven, I'm happy for you, but it's just not a good spot. You've heard so many reasons why tonight. In regard to the traffic: you tell me how a truck trying to get in there is going to be able to get in and maneuver around. That means you got traffic on 25 behind you all backed up. Thank you. Martin Sidor: Anyone else for the first time? Roberta Lee, 26850 Main Road, Cutcho.que: I live too close to the 7-Eleven. I'm the one complaining all night long about not being able to hear, and I'm not using it myself. I'll repeat myself or has everyone heard me? You've heard me. OK, good. Most of the people who spoke tonight have addressed the very same issues that I am very concerned with. This is only one of them that is affecting our community for the worse. What does a franchise company do for a town like ours? Do they support our Town events-baseball teams, school festivals that the mom and pop stores do because their children or their grandchildren are going to those schools, playing on those teams. There's not enough interaction. The money gets put in 7-Eleven; it gets put in a bag, it gets taken back to never-never land. They're not giving anything back to the Southold Town Planning Board Pa.qe Thirty-Three October 13, 2009 community that is supporting them. It's a two-way street. Unfortunately, that doesn't really apply. It doesn't really happen that the back and forth should go. You're here, you should be lucky to be here. You should be able to enrich our community, not deplete us. We want our children to be able to stay in our own communities. How can they; when large corporations can outbid our own people? Why can't our own kids get jobs in the 7-Eleven? Why is it always people who don't come from--God knows where they're from--God knows where they're going. Also, there's not enough interaction between the employees of your store. It's just like, you go into the store and it's very gruff and then you're outta there and you feel like maybe you're not going fast enough--it's uncomfortable. It's not a comfortable experience. These people are not giving anything to our community and they're taking everything. As far as the landscaping goes on any of these convenience stores or places like McDonald's that look like Hershey Park--we don't need that either. That does not apply to our area, to our neighborhood; it does not enhance the rustic nature of our beautiful nature. We do not need any of that. That's all I have to say and I just hope that this can be defeated. Martin Sidor: Thank you. Art Tillman: I just want to thank the Board for listening. I have never in the 30 or more years that I have been here, seen an issue that so many people are so passionate about in the Mattituck rural area. We lost to McDonalds. We lost our bowling alley. And now 7-Eleven wants to come in. I get around a lot. I want to remind you if you don't know, and some of you may not know that Deacon Heyliger and myself gathered-- I think it was around 1,260 signatures against 7-Eleven. Back to the Board, I want to thank you for listening. But I gotta say I'm disappointed in some of you because some of you I believe were bringing in pre-existing ideas before you got here. George, I too am for the site to be of property rights. But when they interfere with the pursuit of happiness and the safety of the people, then I take issue with you. I don't know if you were really listening or you were more in the defensive mode of this application. If you would reread the transcript if you've got it, I think you may agree with me. Joe, you said a few things too which I think you brought into this meeting certain ideas. I'm hoping you and all of you will be more objective if you truly are here in a listening mode. Thank you very much. Martin Sidor: Thank you. Marie Dominici: Just let me state that I don't envy what you guys have to go through to listen to all of us. But obviously that's what you get paid the big bucks for. Martin Sidor: You sit up here on occasion too, do you not? Marie Dominici: I used to. A couple of things. And please correct me if I'm wrong. That traffic study: that was done two years ago? Three? Geor.qe Solomon: Approximately. Marie Dominici: Was it done before the Cottages? Southold Town Planninq Board Page Thirty-Four October 13, 2009 George Solomon: Just about the same time. Marie Dominici: I would like to recommend that that study be done again because just like with anything, it changes rapidly. The technology changes rapidly and I don't think an old study is going to suffice for this very volatile topic. So I would implore you to encourage--who is going to foot the bill--these guys? OK. If you want me to buy coffee at your 7-Eleven, I think you need to do a new study. The other thing: is this going to be a 24/7 operation? Georqe Solomon: I believe so. Made Dominici: OK. So then that has concerns for the loitering aspect. Now, if we're going to have people loitering there, that poses a safety problem for the people of the community. My tax dollars are going to have to have the police department out there. ~ don't want to be a partner with 7-Eleven. I just want to live here and not pay more taxes than I absolutely have to. So if this is going to become a tax liability, and we have 1,200-some-odd signatures of people who said we don't want this. Then if you guys go ahead and pursue this, and you raise the taxes of all those other people: don't raise mine. The other thing is that on Sunday, we had a little rally there, oh Saturday. We had a little bit of a rally there. It would have been very interesting if you had been there, because there was a sign that said "Honk if you oppose". It sounded like you were on the freeway stuck in traffic because the noise was outlandish. People were honking like nobody's business. You should have been there. But more importantly, you should have seen the traffic that bottlenecked as a result of that. Just because we were standing there with signs; we're not talking about bringing in 18-wheelers, and we're not talking about making that big wide turn onto Factory Avenue. So just by virtue of the distraction of having people there, it made a very significant impact on the traffic. And I have to say if you're gonna be turning in off of 25 and going into the 7-Eleven, wait until you see the kind of accidents you're talking about there. Seriously, people don't drive the speed limit. And you might even have a momentary, "oh, quick, here's a 7-Eleven" you go turn in there; you could see the chaos that comes out of that. And God forbid, the injury that would come out of that. And as far as people who live on Factory Avenue who indicated that the road hasn't been taken care of, and I don't know if this is do-able, but maybe you need to put some speed bumps down there to encourage people not to come flying from either end of that road because, you know, they want to catch the light or they don't want to catch the light and maybe the train might be coming twice a day. So there are some considerations that you really have to think about. Like everyone else said, we already have the problem. Corporate America does not care about our community. They care about dollars and what the dollars are going to bring and how profitable they are. At the fact that they are worried about profit and we are worried about living in our community; I don't think there should be a way there; there should be like, community first. These guys come here, they make do like nice, no disrespect; they are very polite people and they're probably very nice people and you know maybe we could do a barbecue sometime, but not until the store has been passed. Anyway, I think that we shouldn't have outside influences come and have a major impact on our community. Southold Town Planninq Board Page Thirty-Five October 13, 2009 George Solomon: May I address what you are saying in regards to that? I do believe that a businessman has a right to open a business. If it was me that was opening a convenience store on the corner there, would you be reacting the same way as if it was a 7-Eleven. See now, all right, I've got "no's" and I have "yeses" here. Marie Dominici: If it's going to have a negative impact on the community, Yes. George Solomon: But I think that, now I think that we need to judge the application on what it is. On what it is. What's in front of us. We don't know who the businessman who's going to own it. It could be your neighbor. Marie Dominici: It doesn't matter inasmuch as the impact that it has on being there. It could be Sal & Angela's Deli. George Solomon: If Mr. Bremer decided to move his deli to that corner, would we have as much an impact on what we are talking about right now, or is it the fact that it's 7- Eleven? Marie Dominici: You need to ask the people of the community that are sitting here. George Solomon: As a Board, we have to look at what's in front of us. We have to look at the application that's in front of us and hope that the owner, like Mr. Bremer, has done a beautiful job with his site plan, and his deli is a beautiful place; I frequent it often. But the same thing is, we gave him the benefit of the doubt that his business would run and look nicely in our town. When we have something in front of us, we have to look at what's in front of us. Marie Dominici: Mr. Bremer is a local resident. Georqe Solomon: Well, if I owned that 7-Eleven, I'm a local resident too. Marie Dominici: We're talking about Corporate America here. George Solomon: We don't know that. And I could tell you for a fact because I have a friend that owns two 7-Elevens on the south side, that they do donate to the community. They are local Rotarians and they donate tens of thousands of dollars a year to the community. So we don't know that that's not going to happen here. We don't know that this 7-Eleven is not going to sponsor a Little League team. We don't know what's going to happen with the owner of that property. And to be fair to that man that's sitting there and wants to bring a business to our town, we have to listen. We have to listen to you and we have to listen to him, too. That's all I have to say. Marie Dominici: That's fair. One other thing: are there any green initiatives built into this building? Or is it just going to suck the electricity out of the walls and then have LIPA want to build a nuclear power plant in our back yard? I think with a new building we should look at more green options. Just to keep the electric bills down. And all of Southold Town Planninq Board Pa.qe Thirty-Six October 13, 2009 the lighting around that building, is that going to be 7-Eleven's lighting bill and not Southold's lighting bill. Geor.qe Solomon: Yes. Joseph Townsend: One of the things you will not see that you may associate with-- and this is long overdue-one of the things you will not see if this application goes through and that's not guaranteed; we have to evaluate what has come up here. But one of the things the Town Board has done; they've eliminated interior lighting. Most 7- Elevens have light that comes out; that will not be the case here. We have reduced the height of lighting. The premises will be lighted so that it's safe, but there are a lot of things that you can change from that corporate logo, I mean that corporate way of presenting, you know, cookie cutter kind of thing. We hope to address those issues; those are the issues that are very important to us because within what we can do, we are going to do it. I think this applicant is painfully aware of that already, so far. Even with McDonalds which, you know, I was never a fan of McDonalds, but we did eliminate a lot of things and they were not very happy with that, you know, the drive-through and so forth, and the lighting and the signage. All those are pretty restrictive. A lot of the people who have business now don't really comply with that; technically they should, but they consider themselves sort of pre-existing, so they don't. So, some of the neighbors aren't quite as compliant with our current code as they should be. And that's one of the things that's come up that I think, at this hearing, that we really do have to have a conversation about that whole area, about illegal uses in that area, and about how we can bring some people into compliance in that area, and I think that will help. It's a very important thing and that has come up at this meeting although specifically we are here to discuss that. Marie Dominici: Does the Town have the resources to do compliance? To go out to everybody who is not code compliant? Let's use Radio Shack in the Waldbaum's Shopping Center; did you ever go there in the middle of the night? The guy's lit up like a Christmas Tree like he's open for business. It is a well-lit place to break into. Why are they having such extraordinary lighting? But that's not about this. On that note, anything else? William Cremers: If you're interested in the rally, Suffolk Times has the video on their website. You can see the whole rally. Marie Dominici: OK. All right. Thank you for your time. Melanie Norden: I just want to address one quick question, Mr. Solomon. I (inaudible) the committee of Eastern Long Island Hospital, I am a certified fundraising executive, and we do know, because it is a public record, the contributions the 7-Eleven has made, and the corporate contributions are dismal. The idea that we don't know is absolutely specious because this is part of the public record. 7-Eleven gives virtually nothing back to communities. If you don't believe me, just do the research online yourself. So the bottom line is this is not (inaudible) corporate giving and maybe Southampton is an exception, I don't know. But the idea that we don't know is Southold Town Planninq Board Pa.qe Thirty-Seven October 13, 2009 absolutely not the case; we do know, it's public record and you can check it out anytime you want. This is not a corporation that gives back to communities and that is absolutely unequivocal. Martin Sidor: Thank you. Dan Darett: With all due respect Mr. Solomon, I would like to reiterate what Artie Tillman said, that you take a look at whether or not you're being defensive because before with Mr. Bremer, I think you were comparing apples and oranges. His delicatessen is not open 24 hours. His delicatessen does not have 16-wheel trucks coming in dropping off a million cases of beer. I'm sure he would love it if they did. His delicatessen is not selling porn, cigarettes and everything else Geor.qe Solomon: 7-Eleven doesn't sell porn either. Dan Darett: at the extent that 7-Eleven is selling those kinds of items to youth and everyone else. The extension of 7-Eleven and seeing that logo is very, very different to all the traffic that's going through Mattituck than mom & pop's delicatessen. So I really ask you to take an objective look at whether you're being defensive with preconceived ideas or whether you are representing the people of Mattituck and the North Fork. Martin Sidor: Thank you. Benia Schwartz: I will try to be very brief. Don't sell yourselves short. You have more power than you think. And if you indicate that the application might be disapproved unless a cut through is worked out with the owner of the Mattituck Shopping Plaza, maybe this owner could talk to them; I don't know. But anyway, I'd just like to give you a couple of very poor print-outs and ask you why the Zoning Board of Appeals uses the digital projector at their meetings and you don't. And also at least if I can't project them hem I could provide you copies in e-mail. Is them a particular e-mail in the Planning Department to get to the Planning Board, or is there a way to e-mail the Planning Board? Do you all have e-mail on line? Kenneth Edwards: They have it in the office. Benia Schwartz: I'll call Carol in the morning. Do you want to take these print-outs? Kenneth Edwards: Yes, sure. Thank you. Benia Schwartz: It's just a feeling that I'm not sum you're getting the picture. We're talking a lot. Martin Sidor: Last time around: anyone? Georqe Abizeid: I want to thank all the speakers, especially Deacon Heyliger and I think Mayor Schwartz. We addressed a lot of issues in here and I am very happy to see that most of the issues are not related to that particular site. We have to keep in Southold Town Planning Board Pa.qe Thirty-Eight October 13, 2009 mind that the site right now is zoned and authorized to be a 3-in-l; it's a gas station, it's a small c-store, granted, and an auto repair. We don't do auto repair right now. The location itself is troubled financially. We will be, if we are allowed to build such a site, we are taxpayers. A lot of people are complaining about trucks. When you see the shopping center behind us, that's where the trucks come from. We have two large deliveries at night twice a week at that site. Most of the delivery is during the day with small trucks. The big trucks, you see the gas trucks, that's the big truck. The gas station right now when you see the gas truck deliver, that's really the largest truck you're going to see. We have to also mention here, everybody's talking about traffic, especially I think about the left turn. We are building only 11% of the property. The building itself will only take about 11% of the property; we are not building 25-30% of the property. We have a lot of parking spaces available. People have the opportunity to line up on our property before they turn left. The trucks could line up on our property. There's a lot of property in here; there's more property in here on that site than the Code required. That's all I have to say unless anybody has any questions for me. Martin Sidor: No, thanks. Kenneth Edwards: If ~ could, I'd just like to thank everybody and all the speakers that came on. We certainly have a lot to digest and we have important decisions to make. There's a couple of things came up that, if I were in your community, that seem to be code enforcement and police enforcement. I don't know whether you called the police department and code enforcement and got no results. If you haven't, then you need to go to Town Board with that. But again, I'd like to thank you for coming. We listened; and I'd like to entertain a motion to hold this hearing open. I'd like to add that we have a time limit of 14 days for written comments to the Planning Board. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? William Cremers: I'd just like to add that we can reopen this again. Martin Sidor: Right. We have the discretion to reopen the meeting. All in favor? Ayes. Martin Sidor: OK. Motion carries. I too want to-this is the first time I've done this-- thank you. This is a key component, this public input. And it's informative and very important as far making a decision. Georqe Solomon: I'd like to make one more comment before everybody leaves. It seems to me like a lot of people in this room thought that I had a preconceived notion of what or what should not be. That is further from the truth. Really what I do believe is that there is due process in this Town. And that the process comes at these hearings and at the work sessions before these hearings and after these hearings. And it is important that we understand that there is due process in the Town and that we, as a Southold Town Planning Board Page Thirty-Nine October 13, 2009 Board, have to take the right steps in order to do the right things. So, again, I hope that you all realize that this is not a preconceived notion on my part; it's just knowing what the Code says, and what's allowable in the Town, and how we can make that fit with the community. And that's what we're all here to do. Thank you. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Amend Conditional Final Determination: Onufrak, Peter & Gloria - This proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.84 acres and Lot 2 equals 5.20 acres, inclusive of a 1.19-acre building envelope and 4.0096 acres of subdivision Open Space that will be permanently preserved by Covenants and Restrictions. The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. SCTM#1000-114-5-1 Kenneth Edwards: Mr. Chairman, I would like to offer the following: WHEREAS, on July 13, 2009, the Southold Town Planning Board granted Conditional Final Approval for the action; and WHEREAS, the description of the action was found to be incorrectly referenced; and WHEREAS, the correct description reads as follows: This proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.84 acres and Lot 2 equals 5.20 acres, inclusive of a 1.19-acre building envelope and 4.0096 acres of subdivision Open Space that will be permanently preserved by Covenants and Restrictions; be it therefore RESOLVED, that the Southold Town Planning Board correct the record of the Conditional Final Approval decision to reflect the amended, correct description of the action as referenced above. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Forty October 13, 2009 Conditional Final Extensions: Torell, Arthur - This proposal consists of a lot line modification to transfer 2,430 s.f. from Pamel 1 (SCTM#1000-33-2-10), reducing it from 21,458 s.f. to 19,028 s.f., to Parcel 2 (SCTM#1000-33-2-11 ), increasing it from 24,756 s.f. to 27,186 s.f. The property is located at 365 Westwood Lane, 300 ft. n/o Homestead Way, Greenport. Joseph Townsend: WHEREAS, this lot line change will reduce Parcel 1 (SCTM#1000- 33-2-10) by 2,430 sq. ft. in order to create as far a setback as possible for the proposed dwelling from the wetlands. After the lot line modification, Parcel 1 will decrease in size from 21,458 sq. ft. to 19,028 sq. ft. and Parcel 2 (SCTM#1000-33-2-11 ) will increase in size from 24,756 sq. ft. to 27,186 sq. ft. These parcels are located in the R-40 Zone; and WHEREAS, on March 9, 2009, the Southold Town Planning Board granted Conditional Final Approval on the surveys prepared by John T. Metzger, Land Surveyor, dated November 21,2006, subject to the following condition: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission ora copy to this office; and WHEREAS, on September 8, 2009, the applicant requested that Conditional Final Approval be extended for 90 days from the date of approval to meet the above-listed condition; and WHEREAS, on September 14, 2009, the Southold Town Planning Board reviewed the request and agreed to grant the extension requested; and WHEREAS, Conditional Final Approval expired on September 9, 2009; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant a retroactive 90-day extension of Conditional Final Approval on the surveys prepared by John T. Metzger, Land Surveyor dated November 21,2006, from September 9, 2009 to December 9, 2009. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Forty-One October 13, 2009 Conditional Preliminary Extensions: Adipietro~ Robert - This proposal is to subdivide 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 at 2980 Peconic Lane on the e/s/o Peconic Lane, approximately 333 ft. s/o County Road 48 in Peconic. SCTM#1000-74-3-16. George Solomon: WHEREAS, this proposed standard subdivision is to subdivide 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; and WHEREAS, on April 14, 2009, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro"; and WHEREAS, on September 2, 2009, the applicant requested a six (6) month extension of Conditional Preliminary Approval granted on April 14, 2009; and WHEREAS, on September 14, 2009, the Southold Town Planning Board reviewed the request for the extension and agreed to grant the request; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant a six (6) month extension of Conditional Preliminary Approval upon the map prepared by Peconic Surveyors, P.C. dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro" from October 14, 2009 to March 14, 2010. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Plannin,q Board PaRe Forty-Two October 131 2009 Setting of Preliminary Hearings: Morrel~ Owen -This proposal is to subdivide a 12.03-acre parcel into 2 parcels where Lot 1 totals 80,285 sq. ft. and Lot 2 totals 127,686 sq. ft. with an existing single-family residence and associated accessory structures in the R-80 Zoning District. The remaining acreage will remain as open space. The property is located at 3945 Sound View Avenue, on the n/s/o Sound View Avenue, 1,700 ft. e/o Diamond Lane in Peconic. SCTM#1000-68-1-15.1 William Cremers: be it RESOLVED, that the Southold Town Planning Board set Monday, November 9, 2009 at 6:00 p.m. for a preliminary public headng on the Preliminary Plat prepared by John C. Ehlers, L.S., dated February 11, 2004 and last revised August 26, 2009. Geor.qe Solomon: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southview Preserve - This proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as open space. The property is located on the s/s/o Main Bayview Road, approximately 900 ft. e/o of Cedar Drive in Southold. SCTM#'s1000-87-5-21.7 & 21.9 through 21.1 Kenneth Edwards: I will offer the following resolution: be it RESOLVED, that the Southold Town Planning Board set Monday, November 9, 2009 at 6:05 p.m. for a preliminary public hearing on the Preliminary Plat prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson & Pope dated January 18, 2006 last revised on April 2, 2009. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Forty-Three October 13, 2009 SITE PLANS Set Hearings: Joint Industry Board of the Electrical Industry - This site plan is for the proposed construction of an 18,000 sq. ft. meeting/conference facility and interior alterations of an existing motel, restaurant, pool and pool house on a conforming 12.3-acre site partially located in the Resort Residential and Agricultural Conservation Zoning Districts. The property is located at 3800 Duck Pond Road on the e/s/o Duck Pond Road, approximately 450' e/o Depot Lane in Cutchogue. SCTM#1000-83-2-17.3 Joseph Townsend: RESOLVED, that the Southold Town Planning Board set Monday, November 9, 2009 at 6:10 p.m. for a public hearing on the Site Plan prepared by Louis Paul Giacalone, PA, dated August 18, 2008. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. .Martin Sidor: Motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Harbes Family Winery - This site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The plan provides for existing parking of 28 spaces (Parking Area No. 1), new parking of 7 cars (Parking Area No. 2), and a seasonal overflow parking area (Parking Area No. 3) for 43 spaces along with a new loading area for trucks. The overall property is 15.61 acres in the A-C Zoning District located at the n/w corner of Sound Avenue and Hallock Avenue in Mattituck. SCTM #'s 1000-120-1-4 & 1000-112-1-7.1 Martin Sidor: for business reasons, I will be recusing myself from this Action. Georqe Solomon: WHEREAS, the applicant, Edward Harbes, submitted a Site Plan Application on January 23, 2008 for the addition of retail winery and wine production facilities to an existing farm stand; and WHEREAS, this site plan is for the addition of retail winery and wine production facilities to an existing farm stand as follows: The existing farm stand (Bldg. One) consists of a retail area, roof-over area, display preparation area & walk-in storage area Southold Town Planning Board Page Forty-Four October 13, 2009 of 3,522 sq. ft. The proposed retail winery and wine production facilities will be incorporated into existing agricultural buildings as follows: Bldg. Two - wine tasting Room No. 2 of 373 sq. ft., Bldg. Three - wine-making facility of 572 sq. ft., Bldg. Four - wine-tasting room No. 3 of 3,198 sq. ft. having a deck addition of 4,431 sq. ft., and Bldg. Ten - wine tasting Room No. 1 of 326 sq. ft. Other existing buildings on the site include: a farm office of 292 sq. ft. (Bldg. Five), storage shed of 192 sq. ft. (Bldg. Six), restrooms of 121 sq. ft. (Bldg. Seven), a frame shed of 68 sq. ft. (Bldg. Eight), a farm office of 102 sq. ft. (Bldg. Nine), and two greenhouses of 3,007 sq. ft. each (Bldg$. Eleven & Twelve). In addition, the site provides existing parking of 28 spaces (Parking Area No. 1) and provides new parking of 7 cars (Parking Area No. 2) and a seasonal overflow parking area (Parking Area No. 3) for 43 spaces along with a new loading area for trucks. The overall property is 15.61 acres in the A-C Zoning District located at the n/w corner of Sound Avenue and Hallock Avenue in Mattituck. SCTM#1000-120-1-4 & 1000-112-1-7.1; and WHEREAS, on January 28, 2008, the Planning Board accepted this application; be it therefore, RESOLVED, that the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3), has determined that the proposed action is a Type II Action, and not subject to review under SEQR. William Cremers: Second the motion. George Solomon: Any discussion? All in favor? Ayes. APPROVAL OF PLANNING BOARD MINUTES Martin Sidor: I need a motion to approve the Planning Board Board minutes of September 14, 2009 regular meeting. William Cremers: So moved. Kenneth Edwards: Second. Martin Sidor: Moved and seconded; any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Before we close this meeting, anybody on the Board wants to get anything on the record? Going once, twice, three times? Southold Town P annin.q Board Pa.qe Forty-Five October 13, 2009 Martin Sidor: I need a motion for adjournment. Kenneth Edwards: So moved. Joseph: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. The meeting is closed. There being no further business to come before the meeting, it was ADJOURNED at 8:40 p.m. Respectfully submitted, L~n~ Randolph, Tr~'~scribing i~ecretary - Martin H. Sidor, Chair R~CEIVED //.',,,_~ ,~/~ 0 2009 Southold'Town Clerk