HomeMy WebLinkAboutPB-05/03/2009PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYo~k 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
~NUTES
MAY 3, 1993
Absent:
Richard Ward, ~]airman
Mark McDonald
G. Ritchie Latham
Bennett Or!ows]{i, Jr.
Matt Kiernan, Asst. To?m Attorney
Valerie Scopaz, To~n Planner
Melissa Spire, Planner
Martha Jones, Secretary
Kemneth Ed%~rds
Jane Rousseau
Mr. Ward: First order of business is setting the next Planning Board meet--
lng. Board to set Monday, May 24, 1993 at 7:30 P.M., Southold To~fn Hall,
Main Road, SoutbDld, as the time and place for the n~ rc~3ular Planning
Board meeting.
Mr ~ Orlo~.;s]-:i: So r~Dved.
Mr. McDonald: Second.
Mr. Ward: All in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlo%;s~i, Mr. Ward.
Mr. Ward:
Mr. Ward:
secretary.
Opposed? Motion carried.
**********************************************
I'd just li~{e to ~ntroduce Martha Jones, our ne~.~ Planning Board
Welcome on board.
Southold To~ Planning Board
2 May 3, ~993
PUBLIC HEARINGS
Subdivisions - Final:
Mr. Ward: 7:30 P.M. West Mill Su~-Wivision {a.'~.a.M. Pal/]. Friedber.-/~-- ~is
major subdivision is for 9 lots on 22.]05 acr~s located on ~e west side of
West Mill Road; 1!02.15 feet south of N~ug]es Drive in ~[attituC~. SCTM$~
]000-109-9--p/o ~. Is there anybody here t~at would ]i?e to ad,tess the
Board, that ~;~ould be in opposition to ~%is project? If not, aaybody here
that had information they'd li'~e to present, either pro or con, all those in
favor? Anybody here in favor?
Dan Ross: Widdnam, Wic!d]am and Bress!er. On be]iai[ of ~e applicant, I
believe all of ~!e documents have ~een su~-mittef and ~%-2rything's in line
except for those matters that will be conditioned on your final approval. On
that basis, I ask that you approve the subdivision. ?~a~f you.
Mr. Ward: Any ot~%er cor~aents? ~]y comments from the Board? M/-. McDonald?
Mr. McDonald: No.
Mr. Ward: Mr. Latham?
Mr. Latham: No comments.
Mr. Ward: Mr. Orlows~i?
Mr. 0rlowa~i: No.
Mr. Ward: OK. All is in order t'~en to close this %earing.
Mr. McDonald: I move we close.
Mr. Latham: Second the motion.
Mr. Ward: Motion has been seconded. All those in favor?
~yes: Mr. McDonald, MI-. Lat}~m, MI-. Orlo~s~i, Mr. Ward.
Mr. Ward: Opzmsed? Motion carried.
Mr. McDonald: Mr. O~aiznnan, I'd like to ma~e a further motion.
WHEREAS, M. Paul Friedberg is the ~mer of the property ~cno~m and designated
as SCTM~.~ 1000--106--9--4.2, located at t%e %~st side of Will Road; 1102 feet
south of Naugles Drive in Mattituck; and
WHEREAS, this major cluster subdivision, to be Lmo~ as West M~ll Subd~vislon,
is for 9 lots on 22.10~ acres; nnd
Southold To~,,"a Planning Board 3
~y 3, ].993
~fHEREAS, the Southold To~n Planning Board, pursuant to the State Environmental
Quality Review Act, (Article 8), Part 617, declared itself lead a.2ency and
Declara,~lon April l, 1991; and
issued a Negative ~' on
__ ' ' ~u,~/lv~xon application at
~fHEREAS, a ~nal public hear!ng %~s closed on sa~d ~' ' '-'
To~Hall, Southold, New Yor~ on May 3, ].993; and
WHEREAS, all the requirements of the Subdivision Regulations of the To~ of
Southold have been met; and be it oherefor_,
RESOLVED that the Southold To?~ Plam%ing Board grant conditional final approvnl
on the surveys dated ~pril 12, 1993, subject to fulfillr~nt of the following
conditions within six (6) months of the date of this resolution:
Submission of five (5) paper prints and two (2) mylars of the final maps,
all containing a valid stamp of Health Department approval and a notation
that a Declaration of Covenants and Restrictions ~s filed pertaining to
the subdivision.
The draft Declaration of Covenants and Restrictions has been submitted to
the To~.~n Attorney for review. (~ce the docuraent is approved by the Plan-
ning Board and the ~o~n Attor~ey, it must be filed in the office of the
County Clerk and a copy of the recorded document must be submitted to this
office. The liter and page numar of the recorded dec,anent must be noted
on the final surveys.
Submission of the draft Homeowners Association for the proposed road. Once
t~ e document is approved by the Planning' Board and t%e To~.ul Attorney, it
must 17a filed and a copy of the recorded, document must be submitted to
this office.
4. SuL~ission, and acceptance by the ?o~n7 Board, of the Perfo~ance Guarantee
in the amount of $96,070.00.
o
6.
7.
8.
Submission of the inspection fee in the amount of $5,76~.00.
Submission of the park and ?ayground fee in the amount of $]8,000.00
~= lot).
($2,000.00 ~._r
tn= dedication pa,~_rs makiug the fifty (50) foot wide right-
Suhnission of ~
of--~ay available for future dec ~ca~on to the To~n in perpetuity.
Submission of a letter from each public utility company whose facilities
are proposed to ~e installed in the proposed subdivision. Sud~ letter
shall state that the utility company will make the installations necess-
ary for tho rum]shin0 of its services.
Mr. Orlowski: Second:
Mr. Ward: Motion seconded. .All in favor?
Southold To~.m Planning Board
May 3, ].993
Ayes: .Mr. McDonald...Mr. Latham, Mr. Orlo~;ski, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: 7:35 P.M. John S.McGe~ne¥ and Ed~rd F. Rodenbach, Tn]s. -- This
proposed lot llne cban~e is to suT~ract 1!,~85 square feet from a 65,966 square
foot parcel and add it to a 20,482 square foot parcel located on Fis!~ers Island.
SCTM~ 1000--6--2--5 & 6. Is there anybody here that would like to address the
Board that ~ould possibly L~e opposed to tbis project? Anybody that would,
neither pro nor con, like to make any comments at tT~is time? If not, is any-
body here in support of this application? If not, ~at is the pleasure of the
Board? I ~i~ all is in order to close this bearing.
Mr. Orlows!~i: So moved.
Mr. Latham: Second.
Mr. Ward: Motion has been seconded. Ail those in favor?
Ayes: Mr. McDonald, Mr. La:ham, M2~. OrlowsL~i, Mr. Ward.
Mr. Ward: Opposed? Motion carried. ~aat's the pleasum-e of the Board?
Mr. McDonal.: Mr. C~airman, I'd lJ3{e to ma~,~e a motion.
I~%IEREAS, Jobm S. McGeeney and Ed~.mrd F. Rodenbach, Trus. are the o~mers of the
property ~mo~m and designated as SCT~ 1000--6--2-5 & 6, located at Avenue B and
Crescent Ave. on Fishers Island; and
WHEREAS, this lot line, to be Jv21ol, al as proposed lot line change for Jo]m S.
McGeeney and Ed~ard F. Rodenbach, Tm~s., is for a lot line c]~ange to subtract
11,485 sc~are feet from a 65,999 sq~uare foot parcel and add it to a 20,487
square foot parcel; and
WHEREAS, a variance ~s granted bf the Zoning Board of Appeals on March J 8,
1993; and
WKEREAS, the Southold To~m Planning Board, pursuaut to the State Environmen%al
Quality Review Act, (Article 8), Part 617, declared itself lead aqency~a¢,-~' '
issued a Negative I>aclaration on March 1, 1993; and
WHEREAS, a final public hearing was closed on said su]~ivision application at
the Town Hall, Sou~,old, New ~or.c, on May 3, 1993; and
WHEREAS, all the r~quirements of *~ne~_ Su'~div',_ ~s~on' Regulations of the To~% of
Southold have been
m_., and .he_ it therefore,
RESOLVED that ~
t.a= Sou:bold To~.m O!ann]ng Board 8pprove and authorize the ~nair--
man to endorse the final survey dated February 2, 1993.
IlO
Southold To~.m Planning Board 5
May 3, ]993
Mr. Ward: Is there a second?
Mr. La,.am: Second the motion.
b~. Ward: Motion seconded. Ali. those in favor?
Ayes: Mr. Mcdonald, Mr. Latham, Mr. Orlowski, Mr. Ward.
Mr. Ward: Opposed? Motion carried. (Chairman endorsed survey)
Hearings Held Over From Previous Meetings
_Mr. Ward: Anna K. Ploc~:-- ~nis major subdivision is for 5 lots on 21.79
acres located on an existin~ right--of--way off North Bayview Road, approxi-
mately 935 square feet east of Reydon Road in Southold. The eifth lot is
a reserve-d area to be conveyed to the Peconic Land T~]st.
SCTMi~ ]000--79--5--20.2. Is there anybody here that would have any opposition
to this project? Anybody here that would just like to address the Board,
neither pro nor con, that may bare some general information that would !i!re
to address the Board? If not, is there an~oody here in favor that would
like to address the Board?
Tim Caufield: Tim Caufield with the Peconic Land Trust. ?~_ere were just a
couple of issues in the County Planning Deparment's letter to the Planning3'
Board. that we ~canted to discuss. There were some items that they put on
their reco~endation list which were _not a part of our origina~ plan and
if you have them, t%ey're items number 3,~,6 and 7.
Mr. Ward: 3,4,6 and 7?
Mr. Caufield: Yes.
Mr. Ward: OK. Six was easy. We were recommendin~3 to omit it.
Mr. Caufield: OK
Mr. Ward: ~"]aree, we were recommending to amend as follows:
As per the Southold To%~n Code, t[]e mimimum setbac~ for buildin£[s located
on lots adjacent to tidal water bodies is seventy five (75) feet. There--
fore, no new residential structure sh~ll be constructed or otherwise
located within seventy-five (75) feet of Southold Bay.
Mr. Caufield: That's what t]~e plan called for.
Mr. Ward: Number four is to '~- amendes as eollows:
.~.qe conse~zation or scenic easement ~s to have a minimum w~dt~ of seventy--
five (75) feet rather than one--hundred (!00) feet for the reason stated in
Number 3 above.
II/
Southold To~.m Planning Board 6 May 3, 1993
Dick La,c: That easement we were going to wo~c out in conjunction with
lot number 5, to the Peconic Land Trust, and %~e felt they would be tbs
better ones to hold that conservation easement over that strip of beach in
front of the two building lots there. We haven't word,ed out all the lan~uage.
Mr. Ward: We ~nderstand that. This is just in reaction to the County.
These are not the C&R's on it.
Mr. Lark: OK
Mr. Ward: Number seven is to be revised as follows:
The private road that serves as access to this property shall be inspected
hy tTae Engineerin~ Inspector. Any improvements deemed necessary by the
Engineering Inspector for proper access by emergency or service vehicles
shall be completed in conjunction with the improvements for the proposed
road. In addition, road identification si~3ns shall ~ installed if
necessary.
Mr. La~c: You did get the Engineer's report? You're talking abeut...
Mr. Ward: Yeah, he bas done the road within your plotting. ~e private
road is what's ~ing addressed here.
Mr. La,c: Yes, I understood that. ~e road outside of ~e property, we have
a right-of--way on the right. Are you ~oing 'bo do that then in conformance
with 239M of the ~eneral municipal law? We're going to need an override
because the majority plus one, and then you have to re-notify ~lem wi~lin 7
days after you ta~ce action.
Mr. McDonald: Notify who?
Mr. Lark: The Suffol~c County Pla~mnln§ Cormmission, that's what the law...
Mr. McDonald: Well, we're going to have a vote and see if we have the votes.
You'll find out along with us and then we will notify the~. We send every--
thing ba~c. Whether ~e override ~nem or not, we send o~rybhin§ back and
let them~ow what we're doing, just as a matter of policy.
Mr. Lark: Well, I'll explain this a little bit. I fecund out that tbs meet-
ing that they held, there were no representatives from the Tol,m of Southold
there. Because the ne~,~ly appointed one, he didn'b go to that meeting, nor
did be ~mow anythin~ about this property. And it's the age old situation,
those that voted on it, none of them have been to the property.
Mr. Orlo~ski: It's a shame, isn't it.
Mr. McDonald: I could have helped you, but I couldn't help you.
Mr. Orlows]{i: It's called i~litics.
Mr. Ward: Alright, anyt~in~ else for the applicant?
Southold To~.m Planning Board 7
~y 3, 1993
Mr. Lar]<: Yeah, the other thing that I ~¢anted to address - we're in the
process now, if the Board does grant preliminary apprcnral with ~at we just
tal]{ed about, to go get a...because ho~ we're going to govern the property is
with a homeowners association. So we'll get one filed and get it approved
by the AG be_fore we get bac'~ here for a final. And that's really
going to be the governing instrument as to how the lagoon, which will event-
ually be cut through, and everything will be administered in co~ection with
the property. So we'll get a copy of that to you just as soon as it's drawn
up and approved by the Attorney General's office. And just to bring you up--
dated, if you didn't get notice, the DEC gave us all the pe-rmits to 9'o ahead
so we're in good shape there. So, we're moving along, albeit a little slowly,
but we're still moving along.
Ms. Scopaz: Could you ma~e copies of the permit for us so we...
Mr. LARK: Yes, we will get you a copy. They just came in the other day.
knd, of course I thin~ you have copies of the Trustees permits.
Mr. Ward: OK, I'd li~{e to entertain a motion from the Board then regard-
lng Suffol'~ County Planning Commission.
Mr. Orlowski: I'll ma!~e a motion that
BE IT RESOL\~D to adopt the April 15, 1993 Suffolk County Planning Comm-
ission report with the following ~mendments (numbers correspond with to the
numbers in the report):
1. Is to remain as written.
2. Is to remain as written.
3. Is to be amended as follows:
As per the Southold Town Code, the minimum setbac~ for buildings located
on lots adjacent to tidal ~¥~ter bodies is seventy--five (75) feet. There--
fore, no new residential struct~ure shall be constructed or othen¢ise
located within seventy-five (75) feet of Southo!d Bay.
~. Is to he amended as follows:
The conservation or scenic easement is to have a minimumwidth of seventy-
five (75) feet rather than one-hundred (]00) feet for the reason stated
in Number 3 above.
5. Is to remain as written.
6. Is to be omitted.
7. Is to be revised as follows:
The private road that serves as access to this property shall .be inspect-
ed by the Engineering Inspector. Any improvements deen~ed necessary by
the Engineering Inspector for proper access by emergency or service
Southold Town Planning Board
8 M~y 3, 1993
l/3
vehicles shall be completed in conjunction with t?7e improvements for
the proposed road. In addition, road identification signs ~all be
installed if necessary.
8. Conditions 1 to 5, inclusive, must be presented ill a Declaration of
Covenants and Restrictions. ?aa second paragraph of N~lmber 8 is to be
included in the Declaration.
9. Is to remain as written. ?%e Libar and Page number of the recorded
Declaration must also ~ noted on the final map.
Mr. McDonald: Second.
Mr. Latbam: Just a question. We should consider changing ~!elter Island
Sound and all ~le other ones to Southold Bay, maybe. So there's no confusion
about that.
Mr. Ward: OK~ is there a second?
Mr. McDonald: Second.
Mr. Ward: All those in favor?
Ayes: Mr. McDonald, Mr. Latbam, Mi-. Orlo~ki, Mr. Ward.
Mr. Ward: Opposed? Motion carried. ~at is t~e pleasure of the Board
regarding the Engineering report?
~. Orlo~sFi: I ma~{e a motion to ad,pt the April 9, 1993 report from the
Engineering Inspector.
Mr. Ward: Is there a second?
Mr. Latham: Second.
Mr. Ward: All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward.
Mr. Ward: Opposed? Motion carried. All is in order riqht now to close the
preliminary hearing.
Mr. 0rlows!~i: So moved.
Mr. Latham: Second.
Mr. Ward: All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlows!qi, Mr. Ward.
Mr. Ward: Opposed. Motion carried. ~]is further coDd]tional preliminnry
approval is in order at this time.
Southold To~ Pla_nning Board
9 May 3, t993
Mr. Orlows]{i: I ma~e a motion that
BE IT RESOLIrED ~lat the Southold Town Planning Board grant preliminary
approval on the maps dated August !7, 1992, with the foll~{ing conditions:
A. The s_~venty-five (75) foot conservation easement described in Ntlmber 4
of the April t5, ]993 Suffolk< County Planning Co~ission report shall be
indicated on tlne final maps.
B. ~ne following term shall be included in the Declaration of Covenants and
Restrictions:
Any specific use or improvement to Lot Number 5 shall be subject to
review and a~proval ~y the Plat~ning Board and the To~m ~rustees.
C. ~7e final maps shall contain a note that t~e subdivision is a Cluster
S~odivision designed in accordance with Section 281, Totem La~¢.
~. Latham: Second.
Mr. Ward: All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlo~ski, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
~. Ward: Hillcrest Estates - Section 2 - This major subdivision is for 20
lots on 22.9 acres located in Orient. SCTM~f 1000--13-2-8.5. '~nat's the
pleasure of the Board?
Mr. McDonald: Mr. ~airman, I make a n~tion that
BE IT RESOLVED to bold the hearing open for the proposed su~3ivision of Hill-
crest Estates Section ~o %~hile ~%e client continues to pursue approx,! from
the Suffol]{ County Department of Health Services. I further state that they
should notify the Board, in ~zriting, prior to eac% rec~l~!arly scheduled meeting
as to the status of the application before the Suffolk{ County Department of
Health Services in order for the Board to determine ~zhether or not to con-
tinue holding the hearing open.
Mr. Latham: I'll second that.
Mr. Ward: All ~ose in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlows]~i, Mr. Ward.
Mr. Ward: Opposed? ~)tion carried.
Southold Town Planning Board
!0 May 3, ]993
MAJOR AND MINOR SUBDIVISIONS, IKYF LINE CHANGES AND SET OFF APDLICATIONS
Setting of Final Hearings:
Mr. Ward: Hanau~B_a~_~_e_y_zu_~_o__B3_e_~_e_jj~f~- ~is minor su~]ivision is for 4
lots on 7.956 acres located on the west side of Lighthouse Road; 4t9' sou~
of Sound View Ave. in Southold. This subdivision is an amendment to the
approved Too Bee Realty subdivision (4/]9/91), which will be abandoned.
SCTM~ 1000-50-6-4 & 5.
Mr.Orlowski: I make a motionth~a~ ~
BE IT RESOLVED that the Sout~old Totem Planning Board set Monday, May ?~, ]993
at 7:30 P.M. for a final public hearing on the maps dated January 4, 1993.
Mr. Latham: Second the motion.
Mr. Ward: Second to the motion. Ail those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Or!ows!~i, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: Harbes Farm - This proposal is for 4 lot line applications which
are being processed concurrently. Harbes Farm contains 5 single and separate
parcels. ~e proposed lot line changes are to reconfiLmre the existing five
lots. Additional lots are not being created. SCTM~ 1000--170-3-]].?, ]1.3,
!1.~, 11.5 & 1t.6. ~ats the pleasure of the Board?
Mr. Orlowski: I ma!{e a motion to set Monday, May 2~, 1993 at 7:35 P.M. for a
final public hearing on the maps dated February 5, 1993.
Mr. Latham: Second the motion.
Mr. Ward: Second. Ail those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: _E~_t3_t_e__o__f__Edv_a_n~_gzq~__i_n~__A_.__M~yer' - q~qis proposed lot line change is to
reconfigure two lots of 45,746 sg~are :feet and 41,246 square feet, both of which
~ave frontage on both Wunneweta Road and Nassau Point Rd. into two lots, one
~5,46! square feet in area having frontage only on Wunneweta Road, and the
other ~?,531 square feet in area having frontage only on Nassau Point Road.
Both lots have, and will have, existing houses. SCTM~ !000-!1]-8-5 L 6.
~nat's the pleasure of the Board?
Southold To,~cn Planning Board
11 May 3, 1993
Mr. Orlows!:i: I make a motion that the Southold To%~n Planning Board set
Monday, May 24, 1993 at 7:40 P.M. for a final public hearing on the maps
dated January 25, 1993.
Mr. Latham:
Mr. Ward: Motion seconded. All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: Harold Reese, Sr. et al & Otto Uhl, Jr. et al - This lot line
change between Harold Reese, Sr. et al and Otto ~71, Jr. et al is to convey
!0,093 square feet from Harold Reese, Sr. et al to Otto Uhl, Jr. et al, and
to convey 5,258 square feet from Otto Uhl, Jr. et al to Harold Reese, Sr. et
al. After the lot line change the Harold Reese, Sr. et al parcel will be
98.1563 acres and the Otto Uhl, Jr. et al parcel will be 12.~051 acres.
SCTM$~ t000--22--3--!5.1, 18.1 & 18.3. What's the pleasure of the Board?
Mr. Orlowski: I move that the Southold Town Planning Board set Monday, May 24,
1993 at 7:45 p.m. for a final public hearing on the maps dated February 28,
1992.
Mr. Latham: Second.
Mr. Ward: Motion seconded. All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
~{etch Determinations:
Mr. Ward: ~a~{ and Margaret Stern -- ~Tis proposal is to set off a 80,000
square foot parcel from an existing 168,252 s~]are foot parcel located at
Private Rd. ~2 in Orient. SCTM~ 1000-17--2-1.3.
Mr. McDonald: Mr. Chairman, I move that the Southold Town Planning Board
grant ~¢etch approval on the map dated February 18, 1993.
Mr. Latham: Second the motion.
Mr. Ward: Motion seconded. All in favor?
Ayes: .Mr. McDonald, Mr. Imtham, Mr. Orlows~¢i, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
17
Southold To~ Planning Board
12 May 3, !993
Preliminary Extensions:
Mr. Ward: _Anqel_ Sho____re__s - This proposed subdivision is for ~.9 lots on 92.74
acres located off Main BayvJew in SoutT]old. SC?h~ ]000-88-6--l, ~ & 5.
Mr. McDonald: Mr. Chairman I move that the Southold To'~m Planning Board grant
a SlX month' extension of preliminary approval from April ,_~,?~ !993 to October
27, 1993.
Mr. Latham: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. McDonald, Mr. Latbam, Mr. 0rlowski, Mr. Ward.
Mr. Ward: Opposed? Motion carrisd.
Review of Reports:
~. Ward: Andrew Cassid¥ & Sons - ~nis proposal is to set off a 4.5] acre
parcel from an ~dsting 62.5829 acre parcel located on the west side of Main
Road and the south side of Albertson's Lane in Greenport. The 4.5~31 acre
parcel is located in the LI District and the remainder of ~ne property is
located in the R-80 District. SC~ ~000-52--59.3 & 59.4. ~Fnat's tbs pleasure
of tho Board?
Mr. McDonald: Mr. Chairman, I matte a motion to be resolved to adopt the April
15, 1993 Suffol]~ Co~ty Planning Con~aission report with the following amend-
ments:
SM. Is to remain as written.
~2. Is to .~ revised as follo~.zs:
As per Section 100--213 of the To~.m Code a transition buffer area is
required along all boundaries of a nonresidential lot abuttin§ any
lot in a residential district. The minimur~ buffer area for Indus--
trial districts as r-~luired by this Section is thirty (30) feet.
A buffer area in compliance with th:-= minlm~tm standards of Section
100--213 will be required prior to the issuance of any building permit
for lot Number !.
~f3. Is to be revised as follows:
As per Section ]00-2]2 of Mne Tovm Code, in all nonresidential dis-
tricts, there shall be a landscaped strip in the front yard area.
The minimum area in the Li~t Industrial Districts is a strip twenty-
five (25) feet in width.
Soutbold Town Planning Board
13 May 3, 1993
A landscaped strip in compliance with'the minimum standards of Sec--
tion ]00--212 will be reqm. ired prior to the issuance of any building
permit for Lot Number 1.
~. Is to be revised as foll~.zs:
There shall be no further subdivision of Lot Nut,her 1 in perpetuity.
(mhe applicant has put forth a covenant and restriction on this lot
restricting it from any further subdivision.)
Lot Number 2 shall not be subdivided or its lot lines changed in any
manner at any future date unless authorized by the To~fn of Southold
Planning Board.
~5. Is to be omitted.
Mr. Latham: I'll second that.
Mr. Ward: Motion seconded. All in favor?
Ayes: _Mr. McDonald, Mr. Latham, Mr. Orlowski, ~. Ward.
Mr. Ward: Opposed? Motion carried.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS __ STATE
ENVIRONMENTAL QUALITY REVI~q ACT
Lead Agency Status:
Mr. Ward: Jack and Margaret Stern -- SCTM~ 1000-17-2--!.3.
Mr. Orlows]{i: I ma]{e a motion that the Southold T~.m Planning Board start
the lead agency coordination process on this unlisted action.
Mr. Latham: Second.
Mr. Ward: Motion seconded. All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Lead A~ency Designation:
Mr. Ward: Edith Dillon Edson -- ~]is minor subdivision is for 3 lots on 6.74
acres located on the northeast corner of Central Ave. & Munnata~et Ave. on
Fishers Island. SCTM~f ]000--6--3--8 and 6--4-7.
IIq
Southold To~ Planning Board
14 May 3, 1993
Mr. McDonald: Mr. Chairman, I make a motion t!~at the Southold To~vm Planning
Board, acting under the State Envirommental Quality Review Act, assume lead
agency status on this Type ] action.
Mr. Latham: Second the motion.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr.
Orlo,~s,1, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Determinations:
Mr. Ward: ~3_r__be_s__Fa__rn!-- SCTM~ !000-120-3-]] .2, !1.3, 11.4, 11.5 & 11.6.
Mr. Orlows]d: I ma~[e a motion that the Southold To~ Planning Board, acting
under the State Enviro~unental Quality Review Act, ass~e lead agency status
on this Type ] action, mattes a detem~ination of non-significance, and grant a
Negativs Declaration.
Mr. McDonald: Second.
Mr. Ward: ~tion seconded. All in favor?
Ayes: Mr. McDonald, ~. Latham, ~. Orlows]{i, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: The Estate of Evan~t~_A~_Me_y:7~ -- SCTM~ ]000-!]1-8-5 & 6. What's
the pleasure of the Board?
Mr. McDonald: Mr. Chairman, I maize a motion that be it resolved that the
Southold To~.rn Planning Board, acting under the State Envirom~ental Quality
Review Act, establishes itself as lead agency, and as lead agency makes a
determination of non-significance, and grants a Negative Declaration.
Mr. Latham: Second that motion.
Mr. Ward: Motion seconded. A1 those in favor?
0 lo~zo,,x, Mr. Ward.
Ayes: Mr. McDonald, Mr. Latham, Mr. r
Mr. Ward: Opposed? Motion carried.
Southold To~m Planning Board
15 May 3, ].993
SITE PLANS __ STATE ENATIRONMENTAL QUALITY REVIEW ACT
Lead Agency Coordination:
Mr. Ward: East End Marine SupplZ - This proposed site plan is to erect a
2,400 square foot storage building on a 67,124 square foot lot in the Light
Industrial District, located at Co~zin Street in Greenport. SCTM~.~ 1000--~8--2-!
and 44.1
Mr. McDonald: Mr. Chairman, I make a motion that be it resolved that the
Southold Town Planning Board acting under the State Environmental Quality
Review Act, start the coordination process on this unlisted action.
Mr. Latham: Second.
Mr. Ward: Motion seconded. All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlows~i, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
******************************
Determinations:
Mr. Ward: Pindar Vineyards -- This site plan is for a structure 2l'4" by 16'2"
to house toilet facilities. SCTM~ 1000--85--2--15.
Mr. Orlowski: I make a motion that the Southold To~ Planning Board, acting
under the State Environmental Quality Review Act, established itself as lead
agency, and as lead agency makes a determination of non--significance and grants
a Negative Declaration.
Mr. Latham: Second that.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlows!fi, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
LOCAL LAW PROPOSALS
Mr. Ward: Local Law on Certificates of Compliance. What's the pleasure of the
Board?
Mr. McDonald: Mr. Chariman, I make a motion that we send our comments to the
To%~ Board.
/2/
Southold To~n Planning Board
May 3, 1993
Mr. Latham: Second that motion.
Mr. Ward: Seconded. Ali. in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Or]ows]<i, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: Local Law on Certificates of Determination.
Mr. McDonald: I make a motion that ~.ze send our conmlents to the To~.al Board.
Mr. Latham: Second, again.
Mr. Ward: Motion seconded. Ail those in favor?
Ayes: Mr. McDonald, Mr. Latbam, ~. Or!o~zski, ~. Ward.
Mr. Ward: Opposed? bfotion carried.
OTHER
Mr, Ward: Mr. Lettieri and Mr. Gazza -- Appointment to discuss pending sub--
division proposals. SCTM~ !000--22--3--!9, 20, 2!, 22 and 31--E--1.2. Welcome.
Joseph Gazza: ~e Board may remember, I'm Joseph Gazza. .nLhis ,_~vening I have
Mr. Andrew Lettieri, and his wife~ Bernice Lettieri, in the orange sweater.
We, the owners of this property, bare been before your Board several times over
several years; it probably goes ba~< even longer than that. I brought along a
overall map -- maybe I could refresh ~]e Board's recollection of ~here we've
been and maybe the Board can thereafter, give us an idea about ~here we're
going. I don't ~<now if everyone can see - I'm cutting you off, hut we have a
series of parcels which are single and separately o~.med. This is the Andrew
Lettieri parcel, this is the parcel of Gazza, this is the parcel of Bernice
Lettieri, this is the parcel of Gazza, and this is the parcel of Lettieri and
Gazza, as partners. So, we have separate pieces, they are separate tax lots
and they predate zoning in Southold as single and separate lots, with the ex--
ception of this overall parcel, which %~s the subject of a prior Planning
Board approval ~zhere we set off a lot and the remaining approximatley ]4 acres
was conditioned on no more than three lots, at that time. I'm doing all your
wor~< Valerie.
So, we have_ minor applications which have been before the Board for six or
· seven years?
Mr. McDonald: Ten, fifteen.
Ms. Scopaz: It %cas before my time.
Southold To~m Planning Board
May 3, ]993
Mr. Lettieri: 1983.
Mr. Gazza: We've come quite a ~ys ~Tith the ot~er agencies, for example the
DEC has been involved with this project, and they have done extensive wetland
flagging, those are all the numbers that appear, and you can see the different
classifications of wetlands. ~!e Suffol~ County Health Dept. has reviewed this
in connection wi~7 groundwater supply and v~ater guality, and soil quality.
Some rather extensive wor~ was done in the m~d 80's pertaining to the avail--
ability of potable ~ter supply for the lots as proposed. A series of test
wells were driven and analyzed to determine if the water quality was good and
the engineer calculated that there ~s approximately four times the amount of
water available on the site than ~Te site would usa.
But despite the eight or nine years of review and a!ot of ~.~ork that went into
this we haven't received an approval on the map. 5ir. Lettieri }~eeps asking me,
maybe I'm doing something wrong and I ~on't have t~e answerer for him. Maybe I
am doing something wrong, q~ne pu~oose of this evenings meeting ~as to as!~ the
Board where we're going on this subdivision. Maybe we're loo~ing at it wrong.
Maybe we should be loo'{in9 a different direction. Maybe the Board can give us
some imput, some gl]ideance, so maybe ~e could bring this to a conclusion. Mr.
Lettieri has become 10 years older since ~e started, and I've lost slot of hair
since we s~arted.
Mr. McDonald: You don't get any sympathy from me.
Mr.Gazza: But maybe, with the Board's input we might maybe correct a path.
Maybewe've been going do%~n a wrong path, maybe ~{e need some advice from the
Board. And that's why we're here tonight to see if we miDht be able to call
upon you for that. We put the map .~fore you, I give you my pen. Give us an
idea; show us where we're going wrong'.
Mr. Ward: Well, maybe I'll call on Valerie just to give us a little background
as to where we're at and what we've given bac!~ to you on it.
Ms. Scopaz: Well, basically where this application is, we have five separate
applications before this Board and we have not been able to proceed because we
started the environmental review. We have not been able to proceed with the
environmental review. We're doing five separate applications and the SEQRA was
never concluded. The Planning Board's last letter ~.~ent out in March of !992
saying that we need to ma~{e a determination of significance to complete the
environmental review and that we were as~fing for payment of ~e env]ronmental
revie~ fee of $300~00 for each application, for a total of $]500.00. Basically
that's what we need. We need to proceed with the environmental review. The
DEC and the Health Dept. so far as my understanding, will. not proceed with
their review of the application because they don't have a SEQP~ determination
from the To%~. And t]nat's basically where we are.
Mr. Ward: So that's our next step, or your next step.
Mr. Gazza: Yeah, on the issue of SEQRA, ~en we started eight or nine years
a~o, there ~s an attempt by the DEC to have a coordinated review, and South--
hold Tow~ was invited to join in that coordinated revfew, but chose not to.
1.23
Southold To~zn Planning Board
May 3, 1993
Mr. Gazza: It seems li~e we're going to be pulled bac'~ into the SEQRA process
when there's already been q~ite an e~[tensive SEQRA wo~ done by the state DEC.
Mr. Ward: What application ~s that on?
Mr. Gazza: The overall subdivision requires DEC...
Mr. Ward: You're saying there ~,ms SEQRA review, was t%at on a particular
application you're referring to?
Mr. Gazza: The DEC co~enced their review on the entire subdivision appli-
cation. All of the lots, looWlng as a whole, the DEC SEQRA. And they invited
Southold to do a coordinated, my several letters, and Southold either declined
or didn't accept, I don't !~low how you would put it.
Ms. Scopaz: We bare a letter from the DEC where we questioned that. And
basically they came to the conclusion that the To?m s~ou!d conduct it's
environmental review. We have to reach our o~n determination of significance,
and we're having a separate action. ~no fact that the Town didn't take part in
the DEC review for it's permit apparently didn't preclude the To~n from doing
it's o~ coordinated review, including the DEC in with it as well. That l~s
outlined in a prior letter in February of 1992. So the DEC, so far as I am
aware, the DEC and the To!m are on the same wavelength. ?ne DEC ~pas no objec-
tion to the To~n conducting it's own review.
Mr. Gazza: I would agree t?~at the DEC would all~ you to further review it,
and you certainly have that right under SEQRA to cor~aence another review. But,
it has been revi~.~ed over a nine year period. Maybe ~¢e're not reviewin~ the
right things.
Mr. McDonald: Well, let me just offer you this. If all the data is all there,
you're all ready to go, the ~ling to do is get it together and let's start t'~e
review process, whatever we need, and then we can move this thing ahead. If
you'~e got all the data, let's get tb~s process...get all the data, put it
and maybe we ' re there.
Mr. Gazza: Well, from the revi~ with the DEC that's been conducted, they're
focusing on the issue of crossing ~e wetland area with the proposed road, and
they're very concerned about ~is area, as ~ll as the Southold Teton Trustees,
whom I've had a meeting with in the field, and this is sort of the focal point
of this subdivision, so to spea~. ~le DEC suDgested ~nat alternate access be
obtained for the peninsula. They're suggesting coming through and connecting
into ~ne Harold Reese subdivision access road. And the DEC is hesitant to
approve this configuration until ?~e have exhausted the possibility of obtaining
access for the peninsula, other ~an crossing this wetland area. Now, I recog-
nize that concern and that's going to be an important part of the review
process under SEQRA. And th~s one little focal point could m~and the SEQRA
and I could see the environmental impact study focusing on this and becomin~ a
few pages several inches high. Now, Mr. Lettieri and I recognize this, and
we're trying to get an alternate ~.~y in. Mr. Lettieri maybe you could e~la~n
to the Board about our efforts to...
Southold To~n Planning Board
19 May 3, 1993
Mr. Lettieri: Well, we've met ~'itb Harold Reese on several occassions. On the
last occassion I spo!~e with him he said well when I get appro~-al maybe we can
work out something.
Mr. McDonald: What's Mr. Reese's status rig~t now? He's got a preliminary
approval right, but no final.
Mr. Kiernan: We're ,~aiting for Health Dept. approval.
Ms. Scopaz: Right.
Mr. McDonald: So we still hold jurisdiction in the SEQRA over his project un--
til we grant the final approval, ri~t?
Mr. Scopaz: What do you mean, do we still have jdrisdiction?
Mr. McDonald: Until we grant our final approval, we hold jurisdiction over his
SEQRAreview. At any time we could re--open ~t to re-examine whatever aspects
of it were pertinent.
Ms. Scopaz: Tec%~nically, yes.
Mr. McDonald: So it's probably important that you move ahead now.
Mr. Gazza: Well, Mr. Reese is not obligated to grant us the access.
Mr. Ward: What the SEQP~ process is, to put all this on the table, and make
it a pa~:age and develop all the alternatives and lo~ at all the options,
environmentally, economically, everything; that's the pa~age that needs to be
put together. ~.ae faster you get going with ~at, the quic~ver you're going to
resolve this subdivision.
Mr. McDonald: As time goes by, just as you said, you're reducing your options
in the access. It creates new problems with the impact statement, if there is
one. Whether there is one or not, for that matter.
Mr. Gazza: Will there be one if...
Mr. McDonald: Who knows? We don't have the application, we don't have the
review, we don't have anything to !oo~ at to ma!~e a determination, which is
why we want to move ahead. I thiner if you got it in that you would strengthen
your hand about the access over the alternate route, rather than weaken it.
But that's just my opinion.
Mr. Kiernan: How did the DEC treat this matter?
Mr. Gazza: The DEC prefers ail alternate access route other than the crossing.
Kiernan: What was their SEQRA determination?
Southold Town Board
20 May 3, ]993
Mr. Gazza: It hasn't been final.
Mr. Kiernan: It's not final?
Mr. Gazza: They ~ant me to prove that I've e×hausted the other alternative
access route. Now, what is exhausted mean? Does it mean we met with him over
four years and been to his car dealership in Roc!~vJlle Center two or three
times. We sat do~.m with him. We offered to pay for }~alf of his road. We
offered to share in the development costs of utilities. We've offered to buy
a lot from him to get access in, we've...
Mr. McDonald: I think a determination from us would essentially solve your
problem with the DEC. If you had your determination, whatever it would be,
they're probably going to loo~ at that and go, well if the To~n is signed off
on that, we must move. So I thi~ the best thing you can do is move yourself
ahead here. Because every day that goes by, I don't '~ow what'll happen wi~
Mr. Reese, but if he finally does get his Health and 7~e's all lodged up, we no
longer have any jurisdiction over him and there's nothing I can do to help you.
Even if the study would indicate it, I won't have any ability to help you. I'm
uncertain about my power even with it, but it's more than it would be once he
has the final approval.
Ms. Scopaz: You have to 'feep in mind he is moving ahead with it. It ~ms on
the agenda; he's starting with his !or line change, so he's moving- ahead...
Mr. Gazza: He's like us, moving like...Can the Board give us any input on the
layout that we've proposed? (CHANGE TAPE)
Mr. McDonald: I would say the answer to that is the same thing. Without the
SEQRA, to talk about the layout, we're not...
Mr. Gazza: I ,~as hoping to extract a little bit more from you than that, you
~fnow this...
Mr. McDonald: I wish I could give it to you, but I don't have it.
Mr. Gazza: You ~nnow, the applications have been here awhile. I ~fno~¢ everyone
bas studied them and probably been on the property several times, and looked it
over. When we started it was one acre zoning-, now it's two acre zoning.
Mr. McDonald: Well, that's another reason to put a rush on it then.
Mr. Gazza: Three acre or five acre, what's next? But, are we as~ing for some--
thing that's reasonable by creating two acre lots, or do you thin~ it's un--
reasonable. We don't want to go down the wrong path. Some direction at this
point could save us time and money and maybe give the Board ~]at you're loo~{ing
for.
Mr. McDonald: Your yield is determined by your hul'{, that's...
Mr. Gazza: Well, we coul~ loolc at a formu]a and determine that, and I agree
wi~] you, but...
Southo!d To~.m Planning Board
21 M~y 3, ]993
Mr. McDonald: Until we even stake out the wetlands, how do we even ]CHOW what
the bulk is?
Mr. Gazza: We know where the wetlands are by DEC and by Town Trustee inspec-
tions and site...
Mr. McDonald: Our ewpert has to take a look at it. We're like everybody else.
we go out there, and as a layman I have an idea, right, but our expert is going
to go over it and say yes, X, Y and ~ that's OK. We agree with this line, we
don't agree, and if there's a fight, there's a fight; if not then we can go
ahead and figure your bulk and we'~e on our way. We've got to start about
where -we're headed. We really need to get into the process. I had thought
after the last meeting, ~s it a year ago the last time you were here?
Mr. 0rlowski: You have a tendency to show up every spring. Is there a reason
for that?
Mr. McDonald: I thought that that's where we were going to head then, but
obviously I crossed a wire in the ~y I mlderstood it. Really, the best
suggestion I can give you is, get into the SEQPJ~ on this and move it ahead.
That's the step that you need to take right now. Once that's behind us it's a
giant leap fo~.~ard.
Mr. Gazza: Would I be correct in assuming that this would become a Type I -
under SEQRA?
Mr. Ward: Because of it's location?
Mr. McDonald: I'm wondering, is that a CEA?
Mr. Ward: Yes, it is.
Mr. McDonald: ?hen it's a ~ype I, we have nothing to say about it.
Mr. Gazza: So as a Type I, we're tal~<ing...
Mr. McDonald: It's a long form.
Mr. Gazza: It's a long form and we're tal~.~ng about a supplemental DEIS as a
presumption. Do you thin~{ it's a good presumption?
Mr. McDonald: You do the long form and we'll see. It's been a year since I've
been out there.
Mr. Lettieri: T~ere's no ~ay we could possibly circumvent that, if we change the
conf igurat ion...
Mr. McDonald: The only thing I can 91ve you as a guide on that is, t~e people
that were in here before you, the Peconic Land Trust, had a similar application,
a Type I, and what they did to their subdivision, and you can get a loo~{ at it
in the file, ~{as such t]~at they mitigated all the potential problems in ad--
vance, in that subdivision, and they got a Negative Declaration. They were
Southold Town Planning Board
22 May 3, !993
Type I, and they submitted a long form, it ~,ms a long Part 3, but it ,~asn't
any impact statement, that's for sure, and they got a Negative Declaration.
Mr. Gazza: Well, going along with that idea, if ~{e overcome the hurdle of this
crossing, we might mitigate all the environmental concerns, or the majority of
them.
Mr. McDonald: Yeah, but that's ~dnd of inverted. Yes, if you can find a
to mitigate them, you solve one of your problems. And t%at's the kind of thin9
you're looking for. Maybe your plan should show the alternate access. I don't
know legally, maybe you need to get up to the To~.m Attorney on that, to see
what power we have in that respect.
Mr. Gazza: Well, we don't have a legal access..
Mr. mcDonald: I'm not talking what power you have; what power we have. I don't
]enow if we can give you something ~at you can't necessarily give yourself.
Mr. Gazza: Well, I ]~ave made prior requests to the Board to try to induce the
subdivision adjacent to ours to have a coordinated access or a coordinated road
system, rather than have two roads side by side. I have pursued that.
Mr. McDonald: We read your letter. Believe me we pay attention to these
letters, too, but we keep %Faiting...I believe everything you're telling me,
hut in our papen.zork, for our review, none of this is corroborated by our ex-
perts or anything else. We have a map, yes, hit our e:{perts haw~n't even been
out there to say, yes, X, Y ~, he's absolutely ri~nt. So that's w~y we need
to get into this process.
Mr. Ward: I thinz basically, to let a year go without getting involved wi~
your SEQRA process, and by now you would have been done; let's get in it
and get it going.
Mr. Gazza: We ~ere hoping to reach a settlement with the subdivision ne~
door to use their road system, to eliminate this, which ~.zould really save us
alot of work, the whole process, save the environment...
Mr. McDonald: Moving ~nead strengthens your hand. The more you wait, the
weaker your hand gets. Once that final approval, there's literally nothing
we can do.
Mr. Lettieri: He seemed to indicate, at least to me, that he was waiting for
his final approval and then we could discuss it, but then...
Mr. McDonald: Well, that's between you and him; maybe you can.
Mr. Latham: You tal~{ing to Mr. Reese, Jr.?
Mr. Lettieri: Yes, junior.
Mr. Kiernan: Have you spo]cen to Mr. Reese's attorney in an effort to try to
move this.
Southold Town Planning Board
23 May 3, 1993
Mr. Gazza: Yeah, I think I have. I'm going back a year or two ago, I don't
even remember his name anymore, but I did converse with his attorney. He has
complications. He has a bank mortgage on all the property. He's hesitant to
Grant us uny right of ~ay until he get's his subdivision {inalized. He's
afraid that it might jeopardize, to the slightest degree, his subdivision, and
he doesn't want to take that chance.
Mr. McDonald: Well, that's what would help you here. If we, in our review,
said that that was advantageous, it ta~'.es that argument away from him.
· Obviously, we're not going to stop his subdivision for that reason if we're
suggesting that that be done. Although, some people would think that that's
the way we work.
Ms. Scopaz: You should be a-~are that all of your papen~o~{ is at the environ--
mental consultants, and it has been there for last year. We're just ~aiting
for the check; he's ready to move on it. The hall's in your court.
Mr. McDonald: Is there anyway that we can...obviously, money is an issue too.
Can we ma]<e this one application?
Ms. Scopaz: They have chosen not to merge their property.
Mr. McDonald: If they made one application, would the fee be lower?
Ms. Scopaz: I don't ~.naow, because the consultant is already charging him less
than they usually charge. Usually, the fee is $400 per application. But be--
cause this is a group application and all the properties are contiguous to one
another, they've reduced the rate to...
Mr. McDonald: If he made one application, would he be payinG $400?
Ms. Scopaz: Right.
Mr. Latham: Well we don't know.
Mr. McDonald: There's an option. You've got to make your ~n decision, but if
you want to reduce the cost, you make one application and then you pay the Sq00
instead of paying...
MS. Scopaz: What they have chosen in the purchase of the property is in five
separate forms of ownership and they've chosen not to me_rge their properties.
Mr. McDonald: Well, that's OK too.
Mr. Lettieri: Mr. Gazza owned this property - that's how I met Mr. Gazza.
Ms. Scopaz: He's suggesting it would be cheaper...
Mr. l~ttieri: I ]u~ow and I appreciate that very much. ~,~y don't ~.~e try that?
Mr. Gazza: I don't want to merge my ]and with your land. Please, we'v~ been
trying for ]0 years to brea~ them apart, now you want to put them together?
Southold To~ Planning Board
May 3, ]997
Mr. Lettieri: Are we just merging an application? Wa're not merging land?
Mr. Kiernan: Does the o%~ershlp of the land have to be merged in order to
consider it an single application?
Mr. McDonald: I don't thi~ so.
Mr. Ward: I think you can com%]ne applications.
Mr. McDonald: Yeah, I thin'< you can combine the application without combining
the land. Essentially, you've done that already, you've come in as a group and
you're going...
Mr.Lettieri: Well, we did this to show the Planning Board at the time, ,because
I'm not a developer by any means, obviously you can tell; when Joe said to me
well, why don't we show the Planning Board exactly ~]at you want to do and what
I want to do within one application, to give ~em a better feel of what we're
trying to do here. ~Tat's why when we first submitted our applications and our
details, we showed it as one continuous application or blueprint or whatever
you want to call it. ~%eoretically, ~]ere are five minor subdivisions and even
with this here being right off the Main Rd., I could have applied as a minor
subdivision with no problem whatsoever, because there is no DEC approval that I
would require over here. But I thought, and Joe suggested, why don't we let
the Planning Board know what we're trying to approve so they can lo~ at it as
an overall picture. Unfortunatley, we %~eren't Bright enough to realize along
side of us that someone else vms doing, at that time I thi~ even Billy Joel
was buying the land. So we had no idea what anyone else was doing here other--
wise we would have tried to meet with the people that o~fned the land here to
try to go this way because we didn't know that we 9oing to have a problem.
Because there is a farm road that goes over the wetlands that has been used for
many years.
Mr. Latham: Yes, it goes right do~n near the bay, very low.
Ms. Scopaz: Marc, one thing to keep in mind, if they choose to come in as one
application, it then converts the whole application in the Health Departments
eyes from a minor to a major.
Mr. McDonald: Oh yeah.
Mr. Lettieri: That would create a problem.
Mr. Ward: It sounds Ii,Ce the $]200 ]s the cheapest ~ay out.
Mr. Lettieri: Yes, OK.
Mr. McDonald: You will be at the Board of Review up there?
Mr. Latham: This is your road adjoining Reese's? If you came in with this,
you could put your own road at least this far, without any problem, couldn't
you?
Southo!d Town Planning Board
25 May 3, ]993
Mr. Lettieri: You mean if we wo~zed out something with Reese?
Mr. Latham: No, right in here. You don't have to wor'c out anything to start
your o%~ road here, do you?
Mr. Lettieri: That's correct, right. (Everyone tal!cing)
Mr. McDonald: Yes, but their thi~¢~ng is, that if you're going to make the
road from here to here, why two roads, why not one?
Mr. Latham: It would .be less than paying Mr. Reese for it, but you have to
pay someone I guess.
Mr. Lettieri: Well, we thought he would save some bucks and...
Mr. McDonald: You could make a deal, sure.
Mr. Gazza: We offered to pay half. Not only the road but the utilities.
Mr. McDonald: I think you're probably going to take a hard look at that in
the SEQRA because that's one of the num~he.r one mitigations that you're going
to talk about. You're going to talk about not disturbing that wetland at all
for the road anymore. We're tallying about trying an alternative.
Mr. Gazza: The configuration of lots on the peninsula, can the Board just give
us a little input on that? I know you've all looked at it and I ~now this is a
very visible spot.
Mr. McDonald: I've got to go ba~f to the file and really dig in again. Be--
cause there's such a mass of different lots and everything else.
Mr. Ward: Generally speaking, is that I thief we'd be in favor of reducing the
length of the road even if it meant that wherever there were lots we'd have
some flag lots or something to eliminate some road paving and other problems.
But I think these are all things that would he addressed in the environmental
review. You're asking for an off the top of the head cor~nent there's one, the
cul--de--sac shouldn't be that far out on a peninsula, things li~e that. But
these are all things that would be addressed in the envirollmental review.
Mr. Gazza: I'm trying to clean up the map. If we can clean it up and ma~e it
better, it ma~es for less review and gets you something' closer to what you're
looking for as an end product. DO you find fault with three lots on the point?
Mr. Orlowski: We could give you all these answers tonight, but after we do the
environmental review it'll change the ~ole thing.
Mr. McDonald: I w~nt roma're another comment. We need to be very careful. If
this is a ~pe I action, and we are negotiating about ~at you ~rant to do, in ~
sense, obviously you're only listening, you're not agreeing to anything, you're
just getting con~ents. Are we conditional~zing your approval in such a way
that we make your SEQRA illegal? This is a Type I action. We cannot issue a
conditional approval, which means we can't sit down wit~ your map and start
making deals about this map to mitigate the impacts on it. You can submit
Southold Town Planning Board
26 May 3, ~993
whatever you want and try to minimize it, and you can read our experts report
and come ~.~a~c with a different application to try to take care of that. But if
we sit down and start trying to actually mitigate these; I'm not sure, but I
get the strong feeling that that's a condlt~onalization, in a sense, and not
16gal. I'm not sure of that, but everything I've read gives me that impress--
ion. It may not be formally conditional declaration, but it is in fact because
you've made all these decisions to mitigate it. I kT]ow it's technical.
Mr. Latham: 1%hi~f you're right.
Mr. McDonald: Because we've been sued about this and lost.
Mr. Ward: Can I make a suggestion? Do you still have some more you'd like to
go over?
Mr. Gazza: Well, there's one more point. We have on the peninsula now, four
separate lots that have access over a farm road right of way that's been in
existence since Wendel, before Tabor and Joubo~fen. ~ose four lots, would
they qualify for four buildin9 permits at this time?
Mr. Ward: Well, you'd have to prove access.
Mr. Kiernan: Four single and separate lots?
Mr. Gazza: We have four single and separate lots.
Mr. McDonald: With access, you'd be entitled.
Mr. Gazza: Would we have to come before your Board for determination as to the
improvement of that access road?
Mr. McDonald: No.
Mr. Kiernan: You make an application to the Building Dept., they grant it and
no one challenges %heir building permit; you're in. If they deny you, you need
to go the MBA for a 280A variance...
Mr. McDonald: Or whatever else he denied you for.
Mr. Gazza: Who would set the improvement criteria for the access road?
Mr. McDonald: ZBA.
Mr. Gazza: If we didn't have to go to ZBA, could the Building Dept. determine
crushed stone or...
Mr. McDonald: If you don't have access, you have to go to the ZBA, so if you
do have access then he just gives it to you. He just gives you your building
permit. That's all there is to it. It's either black or white.
Ms. Scopaz: Well, you have to have Health Dept. approval on that lot.
Scuthold Town Planning Board
27 May 3, 1993
Mr. Gazza: OK, so we're starting out with four lots on the peninsula, coming
to the table, which we have, and we're asking for nine. Is that too much to
ask for?
Mr. Orlowski: Four is better, if you're asking us.
Mr. Lettieri: I think what Joe is really trying to say and I don't thief he's
looking for a commitment, he's just saying do we have to go through this whole
thing and in your heart of hearts you're saying there's no way we're going to
approve this, maybe if you came in with less, the chances are...
Mr. McDonald: I used Plock as an example to the people who were just here.
There w~s some talk they were entitled to 14, no one ever figured it, but they
were entitled to at least ]0, I'm only guessing.
Mr. Gazza: That's the oyster farm?
Mr. McDonald: Yeah. They did four building lots; actually five lots. Now I'm
not proposing any ratio or any equivalancy there. I'm just telling you that
they did that and they got a Negative Declaration because what they did miti--
gated the problems they were facing. You need to look at it in the same light.
I can't tell you the number, because again that's conditionalizing it. You
need to make decisions about what is in your best judgement and what you think
from what you've read. You got alot of material from the DEC, you've done alot
of wo~c already.
Mr. I~tham: They won't let you bridge this in any way?
Mr. Gazza: They said a bridge ,~as their alternative two or alternative t~hree,
after we've exhausted an alternate access. They have a classification of
alternatives that...
Mr. McDonald: I hope it's two, because if it's three you've got another one
after this...
Mr. Lettieri: I guess you all ~now Fra~ Cichanowicz, because I have shown
this to Frank many years ago and he's a designer of beautiful things and he
said we could really do a nice job. You wouldn't disturb anything and for
whatever reason, the DEC seems to want us to go another w-ay until we can't
get...
Mr. Latham: There's a big hole down there with a fresh water pond in it, isn't
it?
Mr. Gazza: Right here.
Mr. Latham: A big deep hole. Very good %mter. North of you there were three,
four or five big lots. Are they still there?
Mr. Lettieri: I have no ~dea.
Mr. I~tbam: This isn't Harold Reese's here, or is it%
Southold Town Planning Board
28 May 3, 1993
Mr. Lettieri: Yes, that's his.
Mr. Ward: OK you fol!{s can stay a couple of minutes, I'd just like to close
the hearing and vet rid of our tape at this point.
Mr. McDonald: I ma'{e a motion to close this hearing.
Mr. Latham: Second.
Mr. Ward: All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward.
Mr. Ward: Motion passed.
There being no further business to come before the Board, the meeting adjourned
at 8:30 p.m.
Respectfully submitted,
Martha Jones
Secretary
Richard G. Ward, Chairman