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HomeMy WebLinkAboutPB-08/09/1993PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Oflowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES AUGUST 9, 1993 Present were: Richard G. Ward, Chairman Bennett Orlowski, Jr. Mark McDonald G. Ritchie Latham Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert Kassner, Site Plan Reviewer Martha Jones, Secretary Absent: Kenneth Edwards Mr. Ward: Good evening. I'd like to call the August 9, 1993 Planning Board meeting to order. The first order of business is the setting of the next Planning Board meeting. Board to set Monday, September 13, 1993, at 7:30 P.M., at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. Mr. Orlowski: So moved. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward Mr. Ward: Opposed? Motion carried. PUBLIC HEARINGS Subdivisions Final: Mr. Ward: 7:30 P.M.S.H. Friemann and Others - This minor subdivision is for 3 lots on 19.596 acres located on the north side of Main Road; 1658.7 feet west of Cox's Lane in Cutchogue. The subject parcel is located in both the Southold Town Planning Board 2 August 9, 1993 Agricultural Conservation (A-C) District and the General Business (B) District. SCTM# 1000-102-2-24. Is there a representative of the applicant here? (Representative was not present) There are some outstanding questions on covenants and restrictions on this particular subdivision, of which the Town Attorney and the applicant's attorney are discussing; therefore I think it would be in order here that we hold this open. Mr. McDonald: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Motion carried. Hearings Held Over From Previous Meetings: Mr Ward: Hillcrest Estates - Section 2 - This major subdivision is for 20 lots on 22.9 acres, located in Orient. $CTM# 1000-13-2-8.5. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman I make a motion to hold this hearing open. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: 'Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings: Mr. Ward: Jack & Marqaret Stern - This proposal is to set off a 80,000 square foot parcel from an existing 168,252 square foot parcel located at Private Rd. #2 in Orient. SCTM# 1000- 17-2-1.3. What's the pleasure of the Board? Mr. Orlowski: I make a motion that BE IT RESOLVED that the Southold Town Planning Board set September 13, 1993 at 7:30 P.M. for a final public hearing on the maps dated June 16, 1993. Southold Town Planning Board 3 August 9, 1993 ~o7 Mr. Latham: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Lieb Vineyard - This lot line change is to subtract 11.5850 acres from a 13.9735 acre parcel owned by the Society for the Propagation of the Faith and add it to a 20.8627 acre parcel owned by Lieb Vineyards, Inc.; and to subtract 1.3848 acres from a 5.6956 acre parcel owned by William M. Asip and Virginia M. Asip and add it to a 20.8627 acre parcel owned by Lieb Vineyards, Inc. SCTM# 1000-73-1-p/o 3.1, 1000-84-1-p/o 4, 1000-84-1-p/o 2. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I'd like to make a motion. BE IT RESOLVED that the $outhold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board 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. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I'd like to make a further motion. BE IT RESOLVED that the $outhold Town Planning Board set Monday, September 13, 1993 at 7:35 P.M. for a final public hearing on the maps dated July 6, 1993. Mr. Latham: Seconded. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Sketch Determinations: Southold Town Planning Board 4 August 9, 1993 Mr. Ward: Willow Terrace Farms~ Inc. - This minor subdivision is for 4 lots on 8.0084 acres located on the south side of King Street and the north side of Willow Terrace Lane in Orient. SCTM# 1000-26-2-39.10. Ms. Spiro: You skipped Mormile. Mr. Ward: We'll go back to that. Mr. Orlowski: I make a motion WHEREAS, the Southold Town Planning Board has accepted the yield map dated December 30, 1992; and, WHEREAS, the sketch plan dated July 20, 1993 has been designed as a cluster subdivision in accordance with Section 281a of the New York State Town Law; and be it therefore, RESOLVED that the $outhold Town Planning Board grant sketch approval on the map dated July 20, 1993. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr..Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. ****************************** Mr. Ward: Going back to setting of final hearings. Henrietta Mormile and Arthur and Marion Mormile - This lot line change is to subtract 2,322 square feet from a 6,935 square foot parcel and add it to a 7,500 square foot parcel; and to subtract 4,613 square feet from the same 6,935 square foot parcel and add it to a 10,648 square foot parcel, thus creating two parcels from three existing parcels in Laurel. SCTM# 1000-128-4-9, 15 & 16. Mr. McDonald: Mr. Chairman, I'd like to make a motion. BE IT RESOLVED that the Southold Town Planning Board set Monday, September 13, 1993 at 7:40 P.M. for a final public hearing on the maps dated November 9, 1992. Mr. Latham: Second. Mr. Ward.: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southold Town Planning Board August 9, 1993 Mr. Ward: Going further into sketch determinations. Thomas J. McCarthy - This minor subdivision is for 3 lots on 0.42 acres located on the northeast corner of King Street and Fourth Street in New Suffolk. SCTM# 1000-117-7-8. What's the pleasure of the Board? Mr. Orlowski: I make a motion that BE IT RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated July 28, 1993, subject to the following condition: Approval from the Zoning Board of Appeals of the lot line layout shown on the July 28, 1993 map since this layout contains an adjustment of the layout described in the June 30, 1992 Zoning Board of Appeals decision. Mr. Latham: Motion seconded. Ail in favor? Ayes:. Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Barry Savits - This minor subdivision is for 3 lots on 12.428 acres located on the east side of Soundview Ave. in Peconic. SCTM# 1000-68-4-16.1. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman I make a motion that BE IT RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated November 23, 1992. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Review of Reports Suffolk County Planning Commission Mr. Ward: Stevens Bluff - This minor subdivision is for 2 lots on 4.4603 acres located off a r-o-w approximately 600 feet east of Cox Lane in Cutchogue. SCTM# 1000-83-2-8. Is the applicant here? Southold Town Planning Board 6 August 9, 1993 Deborah Doty: I'm here on behalf of Nina Stevens. There seem to be two conditions on this that possibly present a problem. The first one and I'm not even sure it's a condition and I'm not sure of the language of it - it's the 100 foot set-back. The way I read what was proposed is that is the original 100 foot set-back and there's not another one coming back. Am I misreading that? Mr. Ward: No. There is a 100 foot set-back by code. Ms. Doty: OK. Is the Planning Commission requesting an additional 100 foot set-back? Mr. Ward: No. Not in addition to that. There is a question, our environmental consultant has made a recommendation, that there be a no disturbance zone for grading and severe work between 100 foot and that top of bluff area. Meaning that the building envelope would really have to be back a little further than 100 feet in order to allow bulldozers and other things to work. Ms. Doty: He's not adding an additional 100 feet? Mr. McDonald: No. It's the same 100 feet. Ms. Doty: OK. It's contiguous. (everyone talking) Mr. Ward: Yeah, you envision being out on the right of way. Ms. Doty: Yes. (laughter) My concern, with respect to the non-disturbances, I haven't been up there, and I don't know if you all have been up there, but it's undoubtedly covered with cats briar and'poison ivy and brambles, etc. We should, I hope, be given the opportunity to clear that and leaving various ecological plants such as bayberrys or something like that. It's a matter of waterfront property and not being (inaudible) to the water because of the over... Mr. Ward: I don't think the intent is to not do any pruning of trees or things, but I think there is the intent that's in writing right now is non-disturbance. I personally have not had a chance to go out and look at it and I can't really relate to it. If there's a problem with that statement, as it's stated, I believe we'd be willing to go out and take a look at it but it would put if off now until the September meeting. Ms. Doty: OK Mr. McDonald: There are two parts. The County Planning Commission report that we're on doesn't have any language about that at all, so we could proceed with that. Mr. Ward: With that portion, yeah. Southold Town Planning Board 7 August 9, 1993 Mr. McDonald: And if you want to discuss this again when we get to the other one and actually read that out... Mr. Ward: Well, did you have any further comments on that? Ms. Doty: Well, there was also a question about a single access staircase. I think that was the Planning Commission's recommendation. I would request, and my client requests, that each lot be given the opportunity to put a staircase down. It seems unreasonable in many ways to have the two lots forever linked. And that, in many ways, devalues the property. Mr. McDonald: What are you, about 125 feet there? 100 feet? Ms. Doty: Down? I don't know. Mr. Ward: Top of bluff is roughly 50. Mr. McDonald: Top of bluff is 50? Ms. Doty: I think it's 50. Mr. Ward: Yeah. Mr. McDonald: It's going to be hard to see anything because it's really densely vegitated. The only way we could is the adjacent property has got alot of construction going on and we might be able, if they're kind enough to let us go across. Ms. Doty: We'll be sinking a test well, and we're going to have to clear to get Krieger's truck in there. Mr. McDonald: But you're not going to get anywhere near... Ms. Doty: We'd get to the edge of the building envelope. The left side of the building envelope. That's where the test well is supposed to be sited. That might make sense to do it that way, as to clear that path so that you all don't get lost. (laughter). Mr. Ward: Alright. So at this point then you'd prefer if we were to hold it off, take a look at it and... Ms. Doty: Yes. Mr. Ward: Now, is there anything with the Planning Commission report that would be a problem with the document? Mr. McDonald: It's Stevens. They're asking for the single access in the County Planning Commission report. Mr. Ward: Alright, but that I think we could override if we felt...I think if it was a major subdivision of some sort where we were trying to get a community access to this, but I don't Southold Town Planning Board 8 August 9, 1993 think it's practical in this sense. Would the Board be willing to consider that, with just an override on that? And then we can at least get the Planning Commission out of the way this evening. Ms. Doty: Thank you. Mr. Ward: What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I'd like to make a motion to accept the Suffolk County Planning Commission report on this matter with the exclusion of number 4. Mr. Ward: Is there a second? Mr. Orlowski: Second. Mr. Ward: Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. What we'll do then is put this on again for the September meeting. Ms. Dory: And I'll notify the Board when the path is cleared. Mr. Ward: Alright, fine. Mr. Ward: Frances B. Rauch & R. Stewart Rauch - this minor subdivision is for 3 lots on 5.2 acres located off Equestrian Ave. on Fishers Island. SCTM# 1000-9-9-22. What's the pleasure of the Board? Mr. Orlowski: I make a motion that BE IT RESOLVED to override the July 7, 1993 Suffolk County Planning Commission report for the following reason: The Southold Town Trustees reviewed the proposed subdivision and determined that the existing and proposed retaining walls are not bulkheads per se and are essentially a soil retentive feature protecting the steep slopes as opposed to a "sea-keeping" structure. Section 100-239.4 A of the Southold Town Code precludes the need for a 75 foot building setback from this type of retaining wall. In addition, the proposed building is located at least 75 feet landward of the wetland line. Mr. McDonald: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Southold Town Planning Board August 9, 1993 Mr. Ward: Opposed? Motion carried. Bond Release: Mr. Ward: Adam Associates - This approved subdivision is for 4 lots on 7.6797 acres located on the south side of a r-o-w off of Cox Neck Lane and on the north side of County Road 48 in Mattituck. SCTM# 1000-113-12-10. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman I make a motion that BE IT RESOLVED that the Southold Town Planning Board recommend that the Town Board release the Letter of Credit for the above mentioned subdivision in accordance with the report dated July 23, 1993 from James Richter, Engineering Inspector. Mr. Latham: Second. Mr. Ward: Second on the motion. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Bond Reduction: Mr. Ward: Francis Greenburqer - This major subdivision is for 4 lots on 15.581 acres located on the north side of Eugene's Road; 381.541 feet west of Bay Ave. in Cutchogue. SCTM# 1000-97-3-18.1. Mr. McDonald: Mr. Chairman, I make a motion that BE IT RESOLVED to recommend to the Town Board that the $40,000 cash bond for the approved subdivision of Francis Greenburger be reduced to a total of $4,000.00 as recommended verbally by James A. Richter, Engineering Inspector, and modified by the Planning Board. The reduced total covers the remaining improvements which consist of regrading the road shoulders and seeding. These improvements will be completed at the end of September when the weather permits. Mr. Latham: I'll second that. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Orlowski,. Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southold Town Planning Board 10 August 9, 1993 MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Ward: Willow Terrace Farms, Inc. - $CTM# 1000-26-2-39.1 Mr. Orlowski: I'll make a motion. BE lead agency coordination process on this Type action is classified as a Type 1 action since within a Critical Environmental Area. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Thomas J. McCarthy - SCTM# 1000-117-7-8. Mr. McDonald: Mr. Chairman, I'd like to make a motion. BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Barry Savits SCTM# 1000-68-4-16.1. Mr. Orlowski: I make a motion that BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor? IT RESOLVED that the Southold Town Planning Board start the 1 action. This it is located Southold Town Planning Board 11 August 9, 1993 Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Determinations: Mr. Ward: Stevens Bluff - SCTM# 1000-83-2-8. We'll hold that one over. Francis B. Rauch & R. Stewart Rauch - SCTM# 1000-9-9-22. What's the pleasure of the Board? Mr. Orlowski: I make a motion that BE IT RESOLVED that the $outhold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency status, and as lead agency makes a determination of non- significance and grants a Negative Declaration. Mr. Latham: I'll second that. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Joseph Gazza - This minor subdivision is for 2 lots on 5.393 acres and is located north of an extension of Dam Pond beginning at a point 534.7 feet west of a point, 1,170.81 feet north of Suffolk County Control Monument No. 10-1243 on NYS Route 25, East Marion, between the proposed minor subdivisions of Bernice Lettieri and Grundbesitzer Corp. & Andrew Lettieri. The applicant is here. Joseph Gazza: Mr. Chairman, members of the Board. Joseph Frederick Gazza, Ogden Lane, Quogue. We met a month ago, and I believe the Board was on the edge of making a determination as to either positive or negative on the SEQRA. I had expressed to the Board that I needed a month to find a way out of getting a positive determination and I have been doing a little bit of homework. I had a meeting - I'll present to the Chairman a letter from the Peconic Land Trust. I had a meeting with the members of the Peconic Land Trust. Actually, we had three meetings and I asked'them to study the proposal of the various minor subdivisions and to come up with an idea. And they came up with the property - the Old Oyster Farm - that was on the Peconic Bay, and received a negative declaration from this Board. I asked them if that same reasoning could be applied to my subdivision in East Marion, and if so, could they Southold Town Planning Board 12 August 9, 1993 come up with a plan that might be acceptable to present to the Board to receive a negative declaration. That was the first meeting. Then we had a second meeting, and then a third meeting. And they came up with a plan. They inspected the property. They had their own environmentalist look at it. And they have a reduced density idea, shrinking the number of my lots way down preserving substantial open space, predominantly on the peninsula, and the north side of the peninsula. They have coordinated their plan with a plan which they prepared for this Board, in connection with the Cove Beach Estates subdivision. They showed me a rather elaborate plan that they developed for open space and public property. The only problem with the plan is that it involves public funding to acquire that portion of the peninsula that they would like to see remain undeveloped and used in conjunction with the open space or public property on the Cove Beach Estates subdivision. And they asked for a month to see if that funding has the possibility of being obtained. They recognize, and they explained to me, that no decision would be made within a month; but they had a month to approach their different prospective funders, I guess one of which is going to be the Town of Southold, in connection with their overall plan. They said they would have some direction for me. Now, I expressed to the Board a number of times, I don't want positive declaration. I want to work with the Board to overcome the subdivision hurdles to get a map that everybody likes. And, I think the map that the Peconic Land Trust is developing is sure going to be like by everyone from the environmental and land use point of view. It would be liked by the owner/developer, myself and Mr. Lettieri, coupled with public funding for the acquisition of a portion of our property. That's my case. If you want to give the Peconic Land Trust a month to pursue that, I have no problems with giving the Board the additional time under SEQRA. Mr. McDonald: Are you asking us for something? Mr. Gazza: I'm asking for another month to give the... Mr. McDonald: You would like us to give you another month. To hold this in abeyance another month? Mr. Gazza: That's correct. Mr. McDonald: Let me ask you a further question. If you proceeded on this along these lines, you would withdraw these and make application with a new application, on the basis of whatever discussions you had with the Land Trust. Mr. Gazza: The Land Trust development plan, which is only a sketch, involves a subdivision, and it goes along with the minor Southold Town Planning Board 13 August 9, 1993 subdivisions that I had proposed, to a degree, but to a much less density. Mr. McDonald: You would withdraw these and submit that in place of these? Mr. Gazza: I won't say withdraw. I will say amend, based on the Peconic Land Trust ... Mr. McDonald: If you don't withdraw these, we'll be negotiating with you, and I won't negotiate with you. I, personally I won't speak for anybody elses vote. I won't negotiate on this.. Because the law says we're not supposed to. Mr. Gazza: I don't understand what you mean by negotiate. Mr. McDonald: You're going to say you're going to amend your plan, to make a more environmentally sensitive plan. That's negotiating with us over these plans. You have an application in front of us, and we're ready to make a determination. 'Now you want to make some changes so we don't give you that determination. That's negotiation. And the law says we're not supposed to do that. So, if you're prepared in the future to withdraw these applicaitons to make that application, I could justify saying, "What's another month", because you're requesting it. But if you're saying that you're never going to withdraw these, all we're doing is wasting a month because, come a month we're going to go ahead and make our determinations, if the votes are here. If the votes aren't here then... Mr. Gazza: Well, I'm attempting not to get a positive declaration determination. And if I can amend the map to the satisfaction of everyone, to win your confidence, as the map that was prepared for the Oyster Farm property, why not proceed along those lines? Mr. McDonald: Because the best we can make out, it's illegal. You have to withdraw the application and make a fresh application on the basis of these new plans. Mr. Gazza: Well, maybe when the new plans become available, the Board could look at the new plan compared to the old plan and determine at that time whether a new application would be necessary or a modification would be necessary. Since I haven't created the new plan, it's being prepared by an organization that's in between the two of us, so to speak. Mr. Latham: Can they do that in a month? Mr. Gazza: Well, they have a sketch ready. But the sketch and the layout involves the acquisition of a substantial portion of our property. And if the funding is available for the acquisition, I will proceed and work with them towards obtaining this goal. And they said within a month they'd have a better Southold Town Planning Board 14 August 9, 1993 idea if the funding would be available or not. I'm just going by what they stated, and they wrote a letter to the Board concerning that topic. If they come back to us a month from now and say the funding is not going to be available. There is no interest on the part of the Town or the County or other agencies, in utilizing available funds for the acquisition of this property, then we will proceed with the application that's before you, and take it as it goes. Mr. Orlowski: Looking at the last report of the Open Space Committee, they don't have any money left. It would probably have to be funded through the County. Mr. Gazza: They mentioned something about a Laurel Lake... Mr. McDonald: Yeah, but there's no way you're going to see any of that money. That's watershed money. You don't qualify. Mr. Gazza: See, I'm not the expert on obtaining money, but... Mr. Ward: But you realize that doing it tonight's another 30 days, or roughly, that this project is going to get postponed, if in fact we don't make a determination tonight. Mr. Gazza: An additional 30 days nothing will happen. Mr. Ward: And you realize, the record is going to state you requested that. Mr. Gazza: That's correct. Mr. Ward: Alright. How's the Board feel about that? Mr. Orlowski: It's been eight years'already so 30 days.. Mr. Ward: I know, that's what I'm saying. Mr. McDonald: The problem I have is, if he doesn't withdraw these, say it doesn't work out, the plan doesn't work out, the money is not there, we just lost 30 more days. If it does work out he has to withdraw these anyhow. The best I can make out, he has to withdraw these no matter what. Mr. Latham: We can't look at two plans... Mr. McDonald: So, six of one. Mr. Orlowski: Yeah, but he doesn't know yet. Mr. Ward: He doesn't know whether he's withdrawing or not. Mr. McDonald: My feeling would be to go ahead with the determinations. Because it doesn't make any difference. Either Southold Town Planning Board 15 August 9, 1993 he's going to withdraw them and then the determinations don't matter any more, or he's going to be 30 days ahead. (change tape) Mr. McDonald: I'm appreciative of what you're trying to do because I think you're going in a great direction. I do. You may not think that, but I think that what you're doing is great. And we're finally beginning to move ahead with this thing, and I'm appreciative of that. But I don't think we're doing you any favors, to tell you the truth, to give you the 30 more days, because it doesn't matter one way or the other. Mr. Gazza: Well, if I get a positive declaration, then my next step is to go to environmental consultants to have a report prepared... Mr. McDonald: No, you do the exact same thing you're doing. You wait to see how the plan comes out, and if it works, if plan works, then you just withdraw these and make that application, which you'll have to do anyhow. the Ms. Scopaz: I think that's a very important point. The determination of positive declaration does not mean that you automatically have to go through with the environmental impact statement. You can still continue exploring your options and make a decision whether you wish to withdraw the application that's been given a positive declaration or submit this new application that you will get with the Land Trust. This forced determination doesn't put you under a gun or a time frame to act, but the Board is in a difficult position by not acting. Mr. Gazza: When the Board acted on the Oyster Farm subdivision and you gave that a negative declaration, it was based on the layout and the plan being so acceptable and so proper, that the impacts had all been addressed. Am I correct in making that assumption? Mr. Ward: That's essentially correct. Mr. Gazza: OK. So, if my plan can be modified or a portion of the lots acquired with public funding, wouldn't that be along the same lines? Mr. McDonald: Yes. If you make a new application. We're in a technical aspect of the law. That's the problem. It may not be the most sensible part of the law, but it is a part of the law. Because you're a type 1 I know you're going to say you weren't a type 1 when this started - and that's in the record from last time. So, we've kind of settled that. We're not agreeing, I know you don't agree... Mr. Gazza: We don't agree on that. Southold Town Planning Board 16 August 9, 1993 Mr. McDonald: But because of that, we can't sit down and say, "Well, if you do X, Y and Z then we'll give you a negative declaration." We're not allowed to do that. And that's what happens - if you come in with this plan and try (inaudible) on these applications, that's what it's going to be. You're going to say, "If I do this, this and this will you change your minds and not give me a positive declaration?" Mr. Gazza: I'm not asking you to change your minds. give me a positive declaration, then I'd ask you to mind. But, you haven't made a decision yet. If you change your Mr. McDonald: No, but we are negotiating it has every appearance - and it is in reality a negotiation for a negative declaration. Mr. Latham: Right now it is. Mr. McDonald: And you're not supposed to do it. Mr. Ward: If you were to come back a month from now, or two months from now, whenever it's resolved, with a new plan, what it would need, if we give it a positive declaration tonight on the plan that you've given us, you would withdraw the plan that you have in tonight and resubmit a new one. Mr. Latham: Just clear the decks. Mr. Ward: But you're going to lose another month by doing this. Mr. Gazza: I've studied that. Suppose that the plan that I come back, is the same plan but the understanding is that every other lot or the lots on the north side of the right of way are to be acquired for public purpose. So, the plan would be the same but I would not be the owner or developer of half the lots on the maps because they would be going for a public purpose, acquired by either the County or the Town as lots. The plan stays the same. It gets a negative declaration with the stipulation that the County or the Town is going to acquire those lots designated X, Y and Z. Mr. Ward: Well, I think at this point if the applicant is willing to state for the record he'd like a postponement, I don't know that we'd oppose that. I don't know how the rest of the Board feels. Mr. McDonald: I think we're wasting his time, but it's his time. Mr. Ward: I agree. Mr. McDonald: I make a motion that we hold this for another 30 days at the request of the applicant. Mr. Orlowski: Second. Southold Town Planning Board 17 August 9, 1993 Mr. McDonald: Rather, let me amend that, to our next public meeting. Mr. Ward: September 13th. 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. Let the record show that it's for the four applications before us which is Joseph Gazza I, Joseph Gazza II, Bernice Lettieri, Andrew Lettieri. The motion addresses all four applications. Mr. Latham: What about Grundbesitzer? Mr. Ward: Yeah five. It's five blocks. SITE PLANS Final Determinations: Mr. Ward: Linda Taqgart - This proposed site plan is for a 930 square foot retail antiques and decorative gift shop located on Main Road in Southold. SCTM# 1000-53-2-2. 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, established itself as lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Mr. Ward: Is there a second? Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I'd like to make a further motion. WHEREAS, Linda Taggart is the owner of the property known and designated as Linda Taggart Retail Gifts and Antiques Store, SCTM# 1000-53-2-2 located on Route 25, Greenport; and Southold Town Planning Board 18 August 9, 1993 WHEREAS, a formal application for the approval of this site plan was submitted on May 8, 1992; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, and issued a Negative Declaration on August 9, 1993; and WHEREAS, a variance and special exception was granted by the Zoning Board of Appeals on August 18, 1992; and WHEREAS, this site plan was certified by Thomas Fisher, Building Inspector, on August 3, 1993; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it'therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated August 5, 1993, subject to a one year review from date of building permit. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. (CHAIRMAN ENDORSED SURVEYS) SITE PLANS STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Ward: Dunkin Donuts Retail Store - This proposed site plan is for a retail food store in an existing building on Route 25 in Mattituck. SCTM# 1000-122-6-11. Mr. Orlowski: 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 in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Southold Town Planning Board 19 August 9, 1993 Mr. Ward: Opposed? Motion carried. Mr. Ward: Burt's Reliable Fuel Oil This site plan is to replace above ground storage tanks that were removed in 1991 with above ground storage tanks of the same capacity conforming with current Health Department standards. SCTM# 1000-60-1-6. Mr. McDonald: I make a motion that BE IT RESOLVED, that the $outhold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. Mr. Latham: Second that motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Mattituck-Laurel Veterinary Hospital - This site plan is for a 3,656 square foot Veterinary Hospital on 1.377 acres in Laurel. SCTM# 1000-127-2-5.1. Mr. Orlowski: I just want to state for the record I'll abstain from any discussion or any vote on this application, since I am doing work for the applicant. 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: I second that. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Richard W. Corazzini This site plan is for a 12,600 square foot office, storage and repair building on a 6.910 acre site located on Cox Lane in Cutchogue. SCTM# 1000-84-1-26.2. Southold Town Planning Board 20 August 9, 1993 Mr. McDonald: I make a motion that BE IT RESOLVED that the Southold ToWn Planning Board, under the State Environmental Quality Review Act, coordination process on this unlisted action. Mr. Latham: Second. Mr. Ward: Ail in favor? Ayes: Mr. McDonald, Mr. Ward: Opposed? acting start the Mr. Latham, Mr. Orlowski, Mr. Ward. Motion carried. *********************************** Determinations: Mr. Ward: Fishers Island Development Corp. - This site plan is to create retail stores in a 16,000 square foot existing ex-military building located on 1.280 acres on Fishers Island. SCTM# 1000-12-1-5.1. Mr. Orlowski: I make a motion that BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlwoski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: What's the pleasure of the Board regarding local law proposals on landmark preservation law? Mr. McDonald: I move we send our comments to the Town Board. Mr. Latham: Second. Mr. Ward: Seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southold Town Planning Board 21 August 9, 1993 Mr. Ward: Law in relation to yard sale permits. Mr. McDonald: I move that we send our comments to the Town Board. Mr. Orlowski: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Is there no further business before the Board tonight? Mr. Orlowski? Mr. Orlowski: No. No comments. Mr. Ward: Mr. McDonald? Mr. McDonald: No. Mr. Ward: Mr. Latham? Mr. Latham: No. Mr. Ward: Ms. Scopaz? Ms. Scopaz: No. Linda Levy - North Fork Environmental Council - I'm the Southold coordinator. I do just want to put on public record that, while the NFEC would be very pleased to see any kind of development done with the Peconic Land Trust on the property that Mr. Gazza discussed with you tonight, which we know as the Dam Pond property, we feel very strongly that as it now stands should have a positive declaration. And whether he comes back again next month, with another reason to delay the positive...I mean this is month after month and we need another 30 days, another 30 days...this plan as it stands right now should receive a positive declaration and if he wants to come in with something else and withdraw the plan, we would love to see that. That would be the best of all possible worlds as far as we're concerned, is to see this plan withdrawn and a new plan come in that does preserve the wetlands...public acquisition would be wonderful...preserves the open space. But as this plan stands right now, it needs to receive a positive declaration. And there's nothing he can do to make that change, and I would really hope that 30 days from now, or whenever the next meeting is, no matter what he comes in with, if this plan is going to stand as it does now and he doesn't withdraw it, that he receive a positive declaration. I just thought I'd get that on the Southold Town Planning Board 22 August 9, 1993 record so Thanks. Mr. Ward: Mr. Orlowski: So moved. Mr. Ward: Moved. Second? Mr. Latham: Second. Mr. Ward: All in favor? Ayes: Mr. McDonald, Mr. if anything comes up in the future, you've got it. Is there a motion to adjourn? Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. There being no further business to come before the Board, meeting adjourned at 8:15 P.M. Respectfully submitted, Richard G. Ward, Chairman Martha Jones the