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HomeMy WebLinkAboutPB-09/13/1993PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OF..J=ICE TOWN OF SOUTHO[D SeptemBer 13, 1993 Town Hall, 53095 Main Road P, O, Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Present w~re: Richard G. Ward, Chairman Mark McDonald '~ G. Ritchie Latham Kenneth Edwards B~nnett Orlowski, Jr. Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert Kassner, Site Plan Revie~.ier M. Jones, Secretary Mr. Ward: Good evening. I'd Iike to call the SeptemBer 13, 1993 Planning Board meeting to order. ~e first order of business, the setting of the next Planning Board meeting. Board to set. Monday, October 4, 1993 at 7:30 p.m., at the Southold Town Hall, Main Rd., Southold as the time and place for the next Planning Board meeting. Mr. Ed~.~ards: So moved. Mr. Orlows~.i: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. PUBLIC HEARINGS Subdivisions -- Final: Mr. Ward: 7:70 p.m. 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. Is the applicant here tonight? Would you like to address the Board? Margaret Stern: Well, I thi~ I'd better. I don't ]~now if I want to. It's been a long day, and I thought we 1.~re all set. 1%~s told by the Water Co. - I went up there today - 1%~as there and I was told that if I cam~ with every.- thing necessary, they would help us get through this. Because I've moved OUt ~r~y home, all the furniture I've ~one. A twelve room house. I live in a and I've got everythin~ piled in there. The house is ready to ~o. Southold To~n Planning Board 2 SePtember 13, 1993 They'v~ sold their home and because I was supposed to have everything ready; we have the papers all there at the Water Co. -- and the gal went on vacation, and they have sat there for 10 days, 11 days, and I went in today with the understanding from the gentleman, a Mr. Maloney,~that if I had papers they would look through them, the papers that were there they would check, when the girl came back from her vacation, were there. ~nd he came out of his office, he saw me and he said I don't have good news fo~ you. And I said,"oh?" Because everything was supposed to be complete.I And he said to us, Suzanne was with me, he said to us that they couldn't do it!because they didn't have the well covenants. I said those carm~ in hand deliveredi9, 10 days ago. I now they were there. And he said alright, sit there. Which we did. And about 20 minutes later, they said they got the papers, they were there, they'd .been cubby--holed. Then, on top of this, this ~as supposed to be all we needed. They announced they needed an easement release from the bank that's holding our huge mortgage, and I need to get,rid of it. We've been paying in-- terest for years on the darned thing, and I finally found a wonderful person who loves the house as well as I do, and is b6ying it -- an admiral-- and they love it. They've got their ship in dry do~, I tell them. And it is beauti- ful. But here I am, with a house ready to go, they have their mortgage, ~hey were ready to close the first of the month, and we've been held up by a gal on vacation and not checking this out. And we were going to the attorney today and I couldn't do it because of this easement thing, that is completely new. Mr. McDonald: What is the... Ms. Stern: I don't Pa~ow. Suzanne (last name inaudible): I've been a friend of M~rgaret's for !5 years, I'm also her neig~hbor, and I'm the broker involved. What Suffolk County Health Dept. told us they wanted was an ac~owledgment notarized by the bank. An ack- nowledgment to be accompanied by the easement. They had all their easement agreements. It ~as just an acknowledgn~nt. So we had that faxed to the bank attorney and to the bank officer. We had a messenger waiting this afternoon to bring it back to Mr. Msloney and Ms. Sasota at the Suffolk County Health Dept. and they said that's all they needed to put the stamps on. And this we were just told about today. Mr. McDonald: What's the easement for? Mr. Kassner: The well is on the other lot. Everyone talking. Mr. McDonald: How long will it take you to get what you need, together? Ms. Stern: Tomorrow or the next day, I think. Suzanne: Within 48 hours. We have either a messenger or an overnight.. Ms. Stern: But I can't wait another month; it means mere money, mere every-- thing. Ms. McDonald: Is there anything else? I missed the discussion on this earlier, is there anything else that's a problem? 22? Southold Town Planning Board 3 S~ptamber 13, 1993 Mr. Kassner: No. Ail she needs Mark is Health Dept. :approval. What this easement is about is that the main house that MrS. Stern is selling; the well for it is on the other property in the house where she is -- the barn. What we're doing tonight is approving the Suffolk County Planning Commission report and keeping the hearing open. Just as soon as Mrs. Stern gets Health Dept. approval, this Board can approve it. " Mr. McDonald: Unless there are other problems~ I suggest that we ma?ce a motion, normally we don't, but do it conditionally. O~ the filing of the declaration of covenants and restrictions as the County has". requested, and then the Health Dept. approval. I don't want us weiting three 9eeks or a month. You won't have to do that, unless there's other problems. Everyone talking. Mr. Ward: There's too many conversations going on here at once. Our secretary doing the dictation is going to have a big problem. Suzanne: Are there any questions you'd likeUs %o an~¢er for you? Mr. McDonald: No, I think we're ready to go. Suzanne: It's just the main thing, that time is really...every day counts. Mr. McDonaald : Well, let's finish the hearing. You haven't had the opposed? Mr. Ward: Is there anyone else that would like to address the Board regarding this application, either pro or con? If not, any comments from the Board? Mr. Orlowski? Mr. Orlowski: No comment. Mr. Ward: Mr. Latham? Mr. Latham: No Mr. Ward: Mr. McDonald? Mr. McDonald: No. Mr. Wards: Mr. Edwards? Mr. Edwards: No. Mr. Ward: If not, all is in order then to close the hearing. Mr. OrlowskI: So moved. Mr. Edx~ards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr.0rlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Further, we should address the Suffolk County Planning Commissions report. Southold Town Planning Board September !3, 1.993 Mr. McDonald: Mr. Chairman I'd like to make a motionthat we adopt the Sept- ember 1, ]999 Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1. Is to be omitted. The right of way is outsi~e of the proposed set off. 2. Is to be omitted. The existing radius curvqs are adequate for emergency vehicles. 3. Is to remain as written. 4. Is to remain as written. 5. Is to remain as written. 6. Is to remain as written. Second paragraph must be included in the document. 7. Is to remain as written. Numbers 3, 4 and 5 must be presented in a Declaration of Covenants and Re~tric-- tions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the To-~n Attorney. Once approved, the document must be filed in the office of the County Clerk and the Liber and Page number of the recorded document must be noted on the final maps. Mr. Ed%~rds: Second the motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I'd like to make a further motion that the Southold Town Plan-- ning Board approve this subdivision conditionally on the filing of the Declar-- ation of Covenants and Restrictions and approval of ~ealth Dept. Mr. Latham: Second that motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: The second public hearing for this evening is Lieb Vineyar~ -- This lot line change is to subtract 11.5858 acres from a ]3.9735 acre parcel owned by the Society for the Propagation of the Faith and add it to a ?0.8627 acre parcel owned by Lieb Vineyards Inc.; and to subtract 1.38~8 acres from a 5.6956 acre parcel owned by William M. Asip and Virginia M. Asip and add it to a 20.8627 Southold Town PlanniNg Board 5 September 13, 1993 acre parcel owned by Lieb Vineyards Inc. SCTM~ 1000-73-1-p/o 3.], !000-84-l- p/o 4, 1000-8~-1-p/o 2. Is the applicant here tonight? Is there anybody here that would like to address the Board, either pro or con, on this particular application? If not, what's the pleasure of the Board? Mr. M~Donald: Mr. Chairman, I'd lille to ma,~e a ~otionthat whereas, two lot line changes being reviewed concurrently, lot l%he change one is between Lieb Vineyard Inc. o%zner of the pro~rtyknown and d~signated as SCTM4~ !000-84-!-- p/o 2, p/o n and SCTM$ ~000-73--1--p/o 3.1 locate~ on the south side of Oregon Rd. in Cutchogue and William M. Asip and VirginiB M. Asip, owners of the prop- erty known and designated as SCTM$ 1000--84-1-p/o~ ~ located on the west side of Bridge Lane in Cutch~ue; and lot line change two isbetween the Society for the Propagation of the Faith, owner of the property !<nown and designated as SCTM~ 1000-73-1--p/o 3.1, located on the south side of Bridge Lane in Cutchogue, and Lieb Vineyard, Inc. owner of the property kno~m and designated as SCTM~ 1000-84-~--p/o 4 and SCTM$ 1000--73-]--p/o 3.1, located on the south side of Oregon Rd. in Cutchogue; and WHEREAS, lot line change number one is to subtract 1..3848 acres from a 5.69~6 acre parcel owned by William M. Asip and Virginia M. Asip and add it to a 20.8627 acre parcel owned by Lieb Vineyards and lot line change number two, is a lot line change to subtract 11.5850 acres from a 13.9735 acre parcel owned by the Society of the Propagation of the Faith and add it to a ?0.8627 acre parcel owned by Lieb Vineyard, Inc.; 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 final public~hearingwas closed on said lot line change application at the Town Hall, Southold, New Yo~ on September 13, 1993; and WHEREAS, all the requirements of the Subdivision Regulations of the To%a~ of Southold have 10een met; and, be it therefore RESOLVED, that the Southold To,~n Planning Board grant conditional final appro- val on the surveys dated September 9, 1993 and authorize the Chairman to en- dorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the date of thls resolution. The filing of a new deed pertaining to the merger of the ].38~8 acres from the 5.6956 acre parcel (SCTM$ 1000-8q--1-p/o 4), with the ?0.8627 acre parcel (SCTM~ 1000--73-1--p/o 3.1 and 1000-84--!--p/o 2 & p/o 4) and the filing of a new deed pertaining to the merger of the 2.3884 acre parcel from the 13.9734 acre parcel (SCTM~ 1000--73-l--p/o 3.1), with the 0.q017 acre parcel owned by Mr. Edward Jaeger (SCTM~ 1000--8q--1--3.1). A copy of the recorded deeds must be presented to the Planning Board prior to endorsement of the final survey. Mr. Or!owsl~i: Second. Mr. Ward: Motion seconded. All in favor? Southold Town Planning Board 6 September 13, 1993 Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. O~low~i, Mr. Ward. Mr. Ward: Opposed? Motion carried. ******************** Mr. Ward: 7:40 p.m. Henrietta Mormile and Arthu~ and Marion Mormile -- This lot line change is to subtract 2,3?2 square feet fr9m a 6,935 square foot parcel and add it to a 7,500 square foot parcel; and td subtract 4,613 square feet from the same 6,935 square foot parcel and add i'% to a 10,648 square foot parcel, thus creating two parcels from three existing parcels in Laurel. SCTM~ 1000--128-4-9, 15 & 16.Is the applicant here this evening? Rudolph Bruer: Rudolph Bruer on behalf of the applicant. Gentlemen, ladies, I believe all the arguments have been set forth before the Board and I think you're all a~re of them. If you have any questions I'd be happy to answer them rather than waste the Board's time. I thin~< it's all there. We've dis-- cussed it. We've been to the Zoning Board of Appeals. I thief everything meets your conditions and respectfully request that you wrant the application. Mr. Ward: OK, anybody else li~e to be heard on this application? If not, the Board? Mr. Orlowski? Mr. 0rlows~i: No questions. Mr. Ward: Mr. Latham? Mr. Latham: No. Mr. Ward: Mr. McDonald? Mr. McDonald: None. Mr. Ward: Mr. Ed~ards? Mr. Edwards: None. Mr. Ward: OK, all is in order then to close the hearing. Mr. Orlowski: So moved. Mr. Edwards: Second. Mr. Ward: Seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlows'~i, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: Mr. Chairman, I'd li~e to ma!~e a motion that WHEREAS, Henrietta Mormile and Arthur and 5~rion Mormile are the owners of ~e property L~nown and desi~nated as SCTM~ 1000-]28--~--9 ]5, & ~6 located on Peconic Bay Blvd; and Southold Town Planning- Board September !3, ]993 WHEREAS, this lot line change, to be ,<nown as lot line change for Henrietta Mormile and Arthur and Marion Mormile is for a lot line change 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 ~rom the same 6,935 square foot parcel and add it to a !0,648 square foot parc~t, thus creating two parcels from three existing parcels. ~ WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 61.7, declared itself lead agency and issued a Negative Declaration on March 22, !993; and WHEREAS, a final public hearing was closed on Said lot line change application at the Town Hall, Southold, New York on Septembe~ ]3, ]993; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final appro- val on the surveys dated November 9, ]992 and authorize the Cb~airman to endorse the final surveys subject to fulfillment of the following condition. ~fT~is con- dition must be met within six (6) months of the date of this resolution. The filing of new deeds pertaining to the merger of the 2,3?2 square feet from the 6,935 square foot parcel SCTM~ ]000-]28-4-]5 with the 7,500 square feet parcel SCTMSf 1000--128--4--9 and the merger of the 4,6]3 square foot par- cel from the 6,935 square foot parcel SCTM~f !000-]28-4--15 with the 10,648 square foot parcel SCTM~ 1000--128--4--16. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlows~ci, Mr. Ward. Mr. Ward: Opposed? Motion carried. Hearings Held Over From Previous Meetings: Mr. Ward: S.H. Frlemann & Others - T~is minor subdivision is for 3 lots on ]9.596 acres located on the north side of Main Rd.; ]658.7 feet west of Cox's Lane in Cutcho~]e. The subject parcel is located in beth the Agricultural Conservation (~-C) District and the General Business (B) District. SCTM4f 1000-107-2-2~. We had been ~.~iting for a response between the applicant's att- orney and the Town attorney, but I see the applicant is here. Would you like to address the Board at all? Applicant: No, not at this time. Mr. Ward: OK. Based on this that they haven't gotten together, we'll proceed to hold the hearin~ open until such time. Is there a motion to that effect? Mr. Edwards: So reeved. Southold Town Planning Board 8 September ]3, 1993 Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwmrds, Mr~ Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. ~ Mr. Ward: Next hearing held over from previous !meetings Hillcrest Estates Sec- tion Two -- This m~jor subdivision is for 20 lots on 22.9 acres located in Orient. SCTM~ 1000--13--2--8.5. Mr. Latham: What are we doing on it; what's happening on this? Are they gett-- lng anywhere? · Ms. Spiro: The last time we spoke to them they were supposed to notify us by October 25, so we've just been holding it open until October. Remember we agreed... Mr. McDonald: Oh that's right, they ~nted mere time so we're going to do it one month at a time. Mr. Ward: So we'll just hold this open. Is there a second to that? Mr. 0rlowski: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Latham: You can put the well in, in the meantime if he wanted to do that. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Mr. Ward: Nicholas Aliano - This major subdivision is for 8 lots on !6.83 acres located on the south side of C.R. 48 in Peconic. SCTM~ 1000--74-4--4. What's the pleasure of the Board? Mr. Orlowski: I ma]ce a motion that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated September 24, 1991. Conditional final approval was granted on March 22, !993. Ail conditions have been fulfill-- ed. Mr. Latham: Second. Mr. Ward. Motion seconded. Ail in favor? Southold Town Planning Board September 13, 1993 Ayes: Mr. Ward: Opposed? Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlows~i, Mr. Ward. Motion carried.(Chairman endorsed surveys) Final Extensions: Mr. Ward: John & Joan Petrocelli - This minor subdivision is for 2 lots on 9.8+ acres located on the east side of Paradise Point Rd. in Southold. SCTM~ ~000-81-3-]9.5. Mr. Orlowski: I make a motion that the Southold Town Plannin~ Board §rant a 90 day extension of conditional final approval from September 22, 1993 to December 22, 1993. Conditional final approval was ~ranted on March 22, ]993. Mr. Ed~ards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. ~Bonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Preliminary Extensions: Mr. Ward: Surmnit Estates, Sections 2 & 3 - ~ais major subdivision is for 35 lots on 40.8223 acres located on the southwest corner of Main Rd. (NYS Rt.25) and Shipyard Lane in East Marion. SC'rM~ 1000--35--8--5.3. What's the pleasure of the Board? Mr. Ed~ards: Mr. Chairman, I'd like to entertain a motion that the Southold Town Plannin~ Board 9rant a six month ex-tension of approval from August ~5, 199~ to February 25, 199a. Conditional preliminary approval was ~ranted on February 25, 1991. Mr. Orlows~i: Second. Mr.Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Petrol Stations - This major subdivision is for d lots on 5.8~6 acres located on the north side of Main Rd.; 26~ feet west of Alvah's Lane in Cutch- o~ue. SCTM~ 1000--109--1--23. What's the pleasure of the Board? Southold Town Planning Board 10 September 13, 1993 Mr. Latham: I'd like to offer a resolution that the Southold Town Planning Board grant a six (6) mDnth extension of preliminary approval from September 14, 1993 toM arch 14, ]994. Conditional preliminary approval was granted on Sept-- ember !4, 1992. Mr. Orlowski: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Sketch Determinations: Mr. Ward: Dunlap & Gray - This minor su~bdivision is for 2 lots on 5.62 acres located on Fox Ave. and Sappho Rd. on Fishers Island. SCTM~ 1000--6--5--13.]. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion that the Soutbold To~ Planning Board grant sketch approval on the map dated December 12, 1992, with the follow-- lng conditions: Stephen L.Ham, III, the Attorney for the applicant has stated in a letter dated July 2, 1993 that Parcel Number 2 is to be conveyed to Mrs. Dunlap and then conveyed by her to the Henry L. Ferguson Museum with the intent to prohibit development of the parcel. However, due to a gift Mrs. Dunlap made in 1992, she will not be able to make a full charitable deduction un-- til 1998. In light of the above mentioned intent, the Planning Board has ~ecided to stay the park and playground fee and to postpone any further archeological review subject to the recording of the following covenants and restrictions: If at such a time in the future an application for a building permit is requested on the 4.03 acre parcel (Parcel Number 2), a park and play-- ground fee, in accordance with the park and playground fee schedule required at that time by the Town, must be submitted. If at such time in the future an application for a building permit is requested on the 4.03 acre parcel (Parcel Number 2), prior to the iss- uance of a building permit or the commencement of any construction on the parcel, the exact building site must be inspected by a professional archaeologist. Such results must be reviewed by the Planning Board and the Building Dept. Based on the results, the Planning Board may re- quire that additional studies be conducted or that during any excava-- tion, a professional archaeologist be present. (Note this restriction may be waived upon results from the environmental review which has not yet been conducted.) Southold Town Planning Board 11 September 12, 1993 2. It must be stated on the final subdivision map that the subdivision has been designed as a Cluster subdivision in accordance with Section 281 of the New Yo~f State Town Law. In addition, a covenant and restriction must be filed for Parcel Number 2 stating that there is to be no further sub- division of this lot. 3. The final maps must be presented at the required scale of 1"=100'. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. ******************** Mr. Ward: Charles Lewis -- This minor subdivision is for 2 lots on 2.2612 acres located off a right of %~ay off Lighthouse Rd. in Southold. SCTM~ 1000-50~-3-14, 15 & 16. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion that the Southold To~.~a Planning Board grant sketch approval on the map dated August 17, ]993 subject to the following conditions: 1. 280-~a approval from the Zoning Board of Appeals. 2. There is to be no disturbance or alteration of the soils or vegetation with- in the 75 foot buffer area adjacent to t~e wetland. This restriction must be contained in a Declaration of Covenants and Restrictions. As indicated on the map there exists a dirt road which provides access to Lot Number 2. It is suggested that an easement be provided over Lot Number 2 for access to Lot Number 1 over the existing dirt road. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Review of Reports: Engineering Mr. Ward: ~iqhpoint Woods at East Marion - This major subdivision is for ]0 lots on 20.5668 acres located on the north side of Main Rd. in East Marion. SCTM~ 1000--22--3--5 and 1000-31-4-]5.3, 15.4 & ]6. What's the pleasure of the Board? Mr. 0rlows!{i: I make a motion to adopt the Engineering Inspector's report dated August 20, 1993. Southold Town Planning Board 12 September 13, 1993 Mr. Latham: Second. Mr. Ward: Motion seconded. Ali. in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Review of Reports: Suffolk County Planning Cor~lission Mr. Ward: Willow Terrace Farms - SCTM~ !000--~6--2--39.10. What's the pleasure of the Board? Mr. Orlows~i: I ma~e a motin to adopt the September 2, 1993 Suffolk County Planning Co~nission report with the followin~ amendments (numbers correspond to numbers in report): Number !: Is to remain as written. Number ~: Is to be omitted. T~e right of way, Majors Pond Path, serves as access for only two of the four lots in the proposed subdivision. Each lot has been de-- signed with individual access. Numbers 3, ~ and 5 are to remain as written. Number 6: The second paragraph of Number 6 is to %e included in the Declaration. Number 7: Is to remain as written. In addition, the Liber and Page number of the recorded Declaration must be indicated on the final map. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, .~r. Edwards, Mr. Orlows!{i, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, IX)T LINE CHANGES, SET OFF APPLICATIONS _ STATE ENVIRONMENTAL QUALITY R~gIEWACT Lead A~ency Coordination: Mr. Ward: Dunlap & Gray -- SCTM~ 1000--6--$-13.1. What's the pleasure of the Board? Southold Town Plamning Board 13 September 13, ]993 Mr. Orlows~¢i: I maize a motion that the Southold To~ Planning Board start the lead agency coordination process on this Tlrpe 1 action. This action is class-- ified as a Type l action since it is located within a Critical Environmental Area (Fishers Island). Mr. EdwRrds: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlows'fi, Mr. Ward. Mr. Ward: Opposed? Motion carried. Determinations Mr. Ward: Willow Terrace Farms -- This minor subdivision is for 4 lots on 8.0084 acres located on the south side of King St. and the north side of Willow Terr- ace Lane in Orient. SCTM~ !000--76--2--39.10. What's the pleasure of the Bohrd? Mr. Orlows'~i: I ma!~e a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status, and as lead agency, ma~es a determination of non--significance, and grants a Negative Declaration. The proposed project is not expected to cause a significant environmental im-- pact. ~e project will result in the division of 8 acres into 4 lots in accordance with zoning. ~qe site does not contain any unique natural or human environmental resources. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlows!zi, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Thomas J. McCarthZ -- This minor subdivision is for 3 lots on 0.42 acres located on the northeast corner of King St. and Fourth St. in New Suffolk. SCTM4~ 1000--117--7--8. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I maple a motion that the Southold To~ Planning Board, acting ~der the State Environmental Quality Review Act, assume lead agency status, and as lead agency, ma~[es a determination of non--significance, and grants a Negative Declaration. This proposed project is not ~,~pected to cause a significant environmental im-- pact. The project calls for a reduction of the existing density. In addition, the lots are consistent with ~he area. ~e site does not contain any unique natural or human environmental resources Southold Town Planning Board 14 September 13, ]993 Mr. Latham: Second. Mr. Ward: Second to the motion. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. 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. What's the pleasure of the Board?(Change tape) Mr. Orlowski: I make a motion that the Southold To'~ Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status, and as lead agency grant a conditional Negative Declaration. The subject property contains steep slopes irare~diately south of the "top of the bluff". In order to protect the natural resources of the site a seventy--five (75') foot buffer shall be established land-~ard from the area designated as the "top of the bluff". There shall be no alteration of the soils within this area. Clearing shall be limited to pruning and establishing stabilized foot trails. In lieu of the above mentioned general condition, a specific landscape plan for the buffer area may be submitted to the Planning Board for review and approval. Mr Ed%~rds: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr.McDonald, Mr. Latham, Mr. Edwards, Mr. Or!ows'ci, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Barry Savits - This minor sub lVlSlOn is for 3 lots on 12.428 acres located on 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 the Southold To~] Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency maizes a determination ofnon-- significance and grants a Negative Declaration. Mr. Ed~ards: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlows!ri, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southold Town Planning Board ]5 September !9, 1993 Mr. Ward: Joseph F. Gazza -- I -~ This minor subdivision is for ~ lots on 4.9]5 acres and is located west of Dam Pond beginning at a point 1,414.51 feet north of Main Rd. that is 1,950 feet east of Stars Rd., East Marion. SCTM~ ]000-22-- 3--19. Mr. McDonald: Mr. Chairman, I'd like to make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a determination of significance, and grants a Positive Declaration. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Tmtham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Joseph F. Gazza -- II -- This minor subdivision is for 2 lots on 5.393 acres and is located north of an extension of Dam Pond be]inning at a point 534.7 feet west of a point, !,170.87 feet north of Suffolk County Control Monument No. 10--1243 on N¥S Route 25, East Marion, between the proposed minor subdivisions of Bernice Lettieri and Grundbesitzer Corp. & Andrew Lettieri. SCTM~ 1000--22--3--?1. Mr. Edwards: Mr. Chairman, I'd like to make a mDtion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a determination of significance, and grants a Positive Declaration. Mr. Lathum: Second the motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Bernice Lettieri - This minor subdivision is for ? lots on 4 acres and is located northwest of an extension of Dam Pond beginning at a point 186.]5 feet east of a point ],4]d.5] feet north of Main Rd. at a point ],950 feet east of Stars Rd., East Marion. SC'~M~ ]000--22--3--20. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion ~hat the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a deter- mination of significance and grants a Positive Declaration. Mr. Latbam: Second the motion. Southold Town Planning Board ]6 September 13, 1993 Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Andrew Lettieri - This minor subdivision is for 3 lots on 10.67 acres and is on the north side of SR 25, 1900 feet east of Stars Rd. in East Marion. SCT~ 1000--31-5--].2. What's the pleasure of the Board? Mr. Ec~ards: Mr. Chairman, I'd like to entertain a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a determination of significance and grants a Positive Declaration. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Grundbesitzer Corp. & Andrew Lettleri -- This minor subdivision is for 3 lots on 6.3 acres and is located on a western point of Dam Pond, primarily west of a point ],]70.81 feet north of a Suffolk County Control Monument No. ]0--1243 on NYS Route 25, East Marion. SCTM~ ]000--22-3-22. What's the pleasure of the Board? Mr. Orlowski: I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, makes a determination of significance and grants a Positive Declaration. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: Mr. Chairman, I'd like to just say for the record that although we've gone through five of these, each of these projects is obviously related and I would expect that whatever environmental rev]ew was done was really done as a pa~age rather than five separate ones, although we have issued {ive separate declarations. Southold Town Planning Board 17 September 13, 1993 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEWACT Lead Agency Coordination Mr. Ward: D & D C~cles -- This site plan is for a 3,138 square foot motorcycle repair and sales building on the 2.6 acre Limited Business portion of a 7.845 acre Limited Business and Agricultural-Conservation District on County Rd. 48 in Southold. SCTM~ 1000--59--]0-2. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I'd like to entertain a motion that the Southold Town Planning Board, acting under the State Environmental Quality ReviewAc~, start the coordination process on this unlisted action. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latbam, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried ******************** Mr. Ward: _Bur~er Kinq -- This proposed site plan is for a 3,000 square foot fast food restaurant on a vacant 3 acre parcel on Route 25 in Mattituck. SCTM~ 1000--122--7--3.1. What's the pleasure of the Board? Mr. Latham: I'd like to make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. Mr. Orlowski: Second. Mr. Ward: There's a second to the motion. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Dunkin Donuts ~- This proposed site plan is for a retail food store in an existing buildin~ on Route 25 in Mattitu~. SCT~ ~000--]~?--6--~]. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead a~ency status on this unlisted action. Mr. Latham: Second. Mr. Ward: There's a second to the motion. All in favor? Ayes: Mr. McDonald, Mr. Orlows]¢~, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southold Town Planning Board 18 September 13, 1993 Determinations 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. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I move that the Seuthold 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. Ail in favor? Ayes: Mr, McDonald, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: I just want to note for the record that I abstain for reasons previously given. Mr. Ward: Richard W. Corazzini -- This site plan is for a ]2,600 square foot office, storage and repair building o~ a 6.910 acre site located on Cox Lane in Cutchogue. SCTM~ 1000--84--1-26.2. What's the pleasure of the Board? Mr. Orlowski: I make a motion 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. Edwards: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. 0rlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Burt's Reliable 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--6-l. What's he pleasure of the Board? Mr. Orlowski: I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency, ma!~es a determination of non-significance, and grants a Negative Declaration. Southold Town Planning Board 19 September 13, 1993 Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. APPROVAL OF PLANNING BOARD MINUTES Mr. Ward: Board to approve the April 12, 1993 minutes. Mr. Orlowski: So rmDved. Mr. Ward: Is there a second? Mr. Latham: Second. Mr. Ward: All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Board to approve the May 24, 1993 minutes. Mr. I~tham: Move it. Mr. Orlowski: Second. Mr. Ward: Moved and seconded. All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. OTHER Mr. Ward: Further tonight we have before us, under Other Miscellaneous, we have Indian Shores -- Applicant to discuss proposed major subdivision with the Plan-- ning Board. SCIN~ Charles Cuddy: I'm Charles Cuddy, I represent Mr. Baxter and the estate of William A. Baxter who are the owners of this property. It's a 106 acre parcel, you are familiar with it I thin]c, but it runs from the south side of the Main Rd. in Cutchoc3%]e through to New Suffolk Ave. We delivered to you last week the copies of the plans and the application, but we thought it worthwhile, Mr.Baxter, Mr. Abruzzo from Young and Young, and myself maybe address some of the reasons that we've worked out the lot configurations we have. There's a yield map, there's also a cluster map. We'd like to show you those maps and explain to you the motivation behind the layout and propose some things to you. If we may, I'd like to have Mr. Abruzzo come up and discuss with you the map. DO you have the copies of the map before you? If not, I $outhold Town Planning Board 20 September 13, 1993 Ken Abruzzo: Good evening. Without me going through alot of rhetoric on the yield map, I think there's a plan developed showing 42 lots that are 80,000 square feet or above, including the park and recreation area and the recharge basin, and I believe this map does conform to the Town of Southold's criteria in the fact that we established that this property can yield 42 lots. We then went in and tried to develop under the cluster map, taking into consideration Down's Creek, and the natural beauty of the woods on this site; a development plan that would also yield the 42 lots. If you look on the westerly part of this property you will see two very large parcels that we left. There's a 12 acre parcel and a 20 acre parcel to be left as lots that will support a vineyard. I understand that there are potential purchasers for these parcels that do wish to put vineyards on this property. We've also left an approximately 5 acre parcel on the southerly end on New Suffolk Ave. for some horses and paddock area in there. The rest of the site we've developed, taking into account Down's Creek and the woods row and of course the Indian Fort and develop what there would be some larger lots along Down's Creek. That enabled us to have some setbacks away from the wetlands and that area to have suitable building envelopes and yet make the building setback requirements as require under your code and also the DEC code. The road we proposed runs from Main Rd. right through to New Suffolk Ave. with a tap street going to the west. We've left approximately a 5.4 acre park and recreation area and we have some scattered drainage areas throughout the site that would pick up any stormwater that might flow. Along the vineyard site is just about the area where the natural woods line runs. As you can see we've also left a 50 foot buffer in the rear of all those lots in order to keep a separation between what would be a vineyard area and a residential area to leave some of that natural woods buffered in there as a retention area. If there are any questions regarding this design maybe I can answer them at this time. Mr. Cuddy: The design is that good? That's good. Mr. Ward: What other alternatives did you look at in terms of layout? Mr. Abruzzo: Well, you've done land planning; we've probably done four or five different things that we put in the heap and scrapped along the way until we develop a plan that we think is feasible to do, not only economically but environmentally, and this plan we feel takes into account some of the natural area of the woods, the setbacks and the wetlands, so this was one of the plans that we thought met with the most merit. Mr. Cuddy: When you say alternatives, you're suggesting a different type of layout? Southold Town Planning Board 2.1 September 13, 1993 Mr. Ward: Well I'm just saying that basically what's ~eveloped here is you're putting into the most sensitive areas, in my opinion any~ray, the housing. Whereas, if we use more of the open space and the fields and that for the hous- ing and preserve the mmre sensitive areas it would obviously be a different lay-- out than what we see. Mr. Cuddy: It would be an entirely different l~yout, but I thine there's a reason for doing it the way we did and that's m~ybe what you're asking. We're preserving, as the code suggests that we do, th~ areas that are agricultural areas and I think in clustering that's one of t%e things that you ask us to do. But we're also preserving I think the integrity!basically of the wetland areas and the tree areas because we would certainly go into those areas (inaudible) economically and on practical basis' you couldn'tavoid going into those areas even if you put everything up in the agricultural area. But, we think those areas are presently open. What's showing here, vineyard areas, are open areas right now, and we have people that are interested, as Mr. Abruzzo indicated to you, in using those areas as vineyards. We also,have people that are interested in using the area that's near New Suffol~f Ave.~ for horses, so that we're pre-- serving, we think, the best of beth parts. Preserving that area which is currently dormant land but is open land. We're taking large, and they ar~ significantly large lots, alon9~ the ~,~terfront, bac,~ from the wetland area and - those are only a few lots that are along there, not an enormous number of lots. We didn't know the ~ay we would have more lots. So, I understand what you're saying but we thought about that and we thought thi s ~as the best ~ay for both sides. Mr. Ward: Does the Board have any questions or comments? Mr. McDonald: Fort Corchaug has been in the news for about ]2 million years, long before I was around. ~ne problem I'm facing with this is, of course you want to get to a sketch so we can get into the SEQRA on this, but by the same extent without the SEQRA, it's hard to know...I mean you put the fort site here and I have no reason to doubt you, but I don't ]enow where the fort site is. Mr. Curry: Well, maybe Mr. Baxter who is here would be happy to talk to you about the fort site. He ~onows it better than me. Mr. McDonald: Sure, he knows it better than me, that's for sure. Mr. Baxter: The fort site isn't very easy for anyone to spot; visually there's no tip off to anyone. I've been there with v~rious archeologists over the years and there is an excavation pit which is mar'fed on the archeologists survey and Howard Young's company transformed the perimeter of the fort ~.mll that the arch-- eologists felt were there into the small dotted area in here. So what we have tried to do is to preserve the actual fort site as well as an appropriate buffer zone surrounding it. I don't thin~ anybedy...I mean if you ~lk down there tomorrow you still wouldn't see the fort site unless I went with you. It's not going to be something that's going to stand out for anyone. We're really preserving what's under the ground, whatever may be under the ground. And ~hy are we preserving it? Basically for future archeological studies, I thin~f that's the main reason and to also just to plain set it aside because this ~as the site of Indians, so I think we have preserved the most important part of the fort site. Southold Town Planning Board ~2 September 13, ]993 Mr. Edwards: Have there been digs on other areas of the property? Mr. Baxter: At various times there have been other digs. (inaudible) was the most important one and the monographs have been written by his excavation and he's the one that determined that this was where 'the actual settlement was. This was around 1640 or so, so there were peopl~ here then and it's probably a little easier to pinpoint the site than something hundreds of years before there were settlements. : Mr. McDonald: The other studies didn't show anything or they were inconclusive? Mr. Baxter: I don't recall offhand what some of the other studies showed. There ~¢ere various ones and I've got records of them and over here the museum has copies of them as well. We are well at, re that in the process here there will be a requirement for an archeological study made and I think anything relevant will come out of it and... Mr. McDonald: Thats's where I'm coming from. : .The problem is you need to move ahead, you need the sketch to move ahead but by the same extent you're trying to get a sketch that's going to be the best sketch you can get close to the preliminary, though we don't have any idea what's under the ground here. We have some idea, I shouldn't say we don't have any. We have some rough idea but there's a lot of uncertainty. Did you thine that the fort site actualy added something to your subdivision in the sense of saleability or...this is just a curiosity, you don't have to answer that. Mr. Baxter: Time will tell, I guess. Some people may say it's an obstacle. I was just taking a few notes before coming here and one was I ]CHOW that in Dec-~ ember of 1988 Gregg Blass and Steve Englebright submitted a bill to the County to go ahead and aoguire it. In January of '89 we signed a contract with North Fork Bank Development Corp. for them to acquire the property -- a six month con-- tract. The negotiations continued on with the County and the Town throughout that six monthperiod. At the end of the period we let lapse the North FoCI Development Corp. contract, we didn't know it was for a higher price than either the County or the Town was offerin~ in combination, because we decided to cast our lot with the Town or County because we were as interested as other people are in preserving it. We felt it was a unique resource for the residents of the Town of Southold. We've done eve~gthing we can to preserve it, suing the County to make them preserve it. They're ignoring us. The Town of Southold made an offer to acquire a significant portion of the 30 acres. The Town has turned their ba~ on us. So, I'm a co--executor of my father's estate; the estate owns 75% of the property, I own 2~. The North Fork Bank is the other co--~xecutor. I have a fiduciary responsibility, the North Fork Bank has a fiduciary respon- sibility to turn the land into revenue producing investments. My mother is still alive, she is the immediate beneficiary and we must do something with the prop- erty. I cannot, as my o~n personal investment standpoint...I ~ant to keep hold-- lng it but as a fiduciary I must take whatever actions are necessary to convert this vacant land into an income producing asset. So we are beyond the peint of I've done everything I can to preserve it; we've come forward now with what we think is an environmentally sensitive and sensible plan. We are a%care that there will be much discussion and we're interested in (CHANGE TAPE) the input from the Planning Board or the North Fork Environmental Council. Southold To~n Planning Board 23 September 13, 1993 Mr. McDonald: We have fairly free reign to, I take it by the application we automatically have permission to go do'~n there and inspect the site, is that a correct assumption? Mr. Cuddy: I thin~ we would like to kno~ that you are going do~ there. Cer- tainly part of the process is for them to go do~n and loo!f at the site so we mi§hr be able to find things easier if you con.t~ct us. Mr. Baxter: I'd ~e glad to take you on a tour.I Mr. McDonald: Clearly we're going to have to git a good loo~ at this. Mr. Cuddy: You should. Mr. ~bruzzo: I might want to add Mark, Bill said that when be '~s talking about the fort he mentioned a ~all. You're not going to see a wall. A slight mound is about all you can identify. Mr. McDonald: He made it clear, we're not going to find it. Mr. Abruzzo: You might not see it if you're standing on it. Mr. McDonald: Could I have your topographics? Mr. Baxter: I would li'fe to reiterate on~ thing' that Ken said and this is why did -ce put the homes where we put them. An important fact of preservin~ the agriculture is the visual impact and whether it's ~0 homes or 30 homes or 25 homes, every house would be within the woodland. People driving up and down Bay Blvd. or Rt. 25 really would not see houses. If you placed ~em on out in the farmland this 'gould be another big (inaudible). There are ~¢all to wall houses development and I don't thi~ that's what anybody ~¢ants on the North For'~. Mr. Cuddy: Are there any other questions we could answer? Mr. Ward: I would just li?¢e to arrange for a site visit. Mr. Cuddy: ~at's fine. I would just ].i~e to add one thing. I thin, most of you, probably as I did, read the Suffolk Times and I l~as somewhat concerned that the Supervisor of this town seemed to say that the environmental process was virtually a bludgeon that could ~ used to stop the subdivision. I've always assumed that everyone came in on a level playin~ field, and ! would just like this Board to confirm to us that no matter ~at the process brings, and certainly it will bring forth a number of things, that we come in certainly on that level playing field, because that's important to us and I t'~i~ the Supervisor pe~]aps at a .had time, said something ~]at shouldn't hay9 been said. I assume, Mr. Chairman that the environmental process will go along as every environmental process does in that there's no predjudice to us, even by his statements. Mr. Ward: I thin'f you can be safely assured t~at this Board will loo'~ at it in the light of what it is and the conm~nts from any elected official is not going to stray us as it hasn't in the past. Southold Town Planning Board 24 September 13, 1993 Mr. Cuddy: And again, we encourage you to come to us And to let us !~ow what your concerns are. We'd be happy to address those concerns. Ken Abruzzo is available, Howard Young is available, Mr. Baxter's here, I'm here. We have other people that can provide answers if we don'~ have an answer, so thank you for the hearing. Mr. Ward: Is there anybody else this evening t~at would have any questions or would like to address the Board?. Linda Levy: I'm Linda Levy, the Southold coordinator for the North Fork Emvir-- onmental Council and I wanted to just speak wit~ the Board briefly tonight about the Burger Kind and the Dunkin Donuts applications. I note that you took lead agency tonight on both of those. We would like to take this opportunity to re-- quest once again that a full SEQRA review be initiated on the Burger King application. While we are aware that this is an unlisted action, and therefore doesn't require that you do a full SEQRA review, we believe that the potential impact to our core, unity of a fast food restau'rant demands an environmental im-- pact study. As we stated in our memo to you Of August 5, we believe that there are many sections of the law that apply to the determination of significance of this action. These include substantial changes in noise an~ traffic levels, an increase in solid waste production, impairment of neighborhood character and change in intensity of use. In addition, the consequential significance of this action needs to be assessed. We are fully aware that the ZBA has ruled-this is the same application as that of the 1990 application for a McDonald's restaurant on the same site. However, that application was withdrawn before many of the issues raised were addressed by the Planning Board. We do not believe that these applications are the same and in any case, we believe that a hard look must be ta!{en before any determin- ation on the current application is made. ,The New Yor~f State legislature has directed that SEQRAbe administered to the fullest extent possible. Given the overwhelming co~m~nity response to the 1990 McDonald's application, a full SEQRA review must be applied to the new proposal so that the impact to our commUnity may be completely understood. We are concerned about the DunkinDonuts application before you as well. We believe that many of the same issues, traffic impact, storm runoff, etc. apply to this proposal. Most important, however, is the change in intensity in use of the site. The burden of such increased intensity must be assessed. Regardless of rulings by other agencies, and here I'm referring to the ruling by the Build- lng Dept. that permits the second use on this site, we believe that the Planning Board must require that impacts on our co,unity and environment be mitigated. Recently we've been made aware that a building is being constructed without a site plan approval at the Mattitudf Airport. We all know that a used car lot has been allowed to operate despite the fact that it's not permitted under our zoning code and now we have these two applications, Burger King and Dun!~in Donuts, to be situated on the already danggrously congested Main Rd. in Mattituck. These are the types of actions that led to the destruction of the rural character of all the towns west of Southold. Tonight we request that the Southold Planning Board use its legal authority to fully review these two applications. The law states the lead agency shall ma!ce every reasonable effort to involve applicants, other agencies and the public in the SEQRA process. Only through a full review can this charge be met. Tha~ you. Southold Town Planning Board 25 September 13, 1993 Mr. Ward: Anybody else like to address the Board thisievening? Ann Lowry: Good evening. I'm Ann Lowry, president of-the North Fo~ Environ-- mental Council. I would iike to really reiterat~ a couple of the things Linda spoke about, particularly in asking for the environmental review for both Burger King and Dunkin Donuts. We have nothing ~gainst these businesses and we do partake of both of them from time to time bu~ we believe that the two, as proposed, do not fit into the rural character of the town, the rural d~aracter that we're trying to protect. At least they wiil not fit in as proposed at present. We're especially concerne~ about the proposed Burger King. This is deja vu all over again. When McDonalds proposed its fast food business and then backed out after the windowwas not permitted by the ~BA, there was a pr~mise to the people of Southold that the code would be changed so that this kind of fight would not be necessary again. That was two years ago and it has not happened. We are, to put it mildly, very disappointed. There are many other ways we would use our energies if we did not have to fight the same fight over again. Also at that time, again as Linda mentioned, therewere questions posed by the ~BA about the project which were never answered an~ so the ~lanning Board is left to make decisions with no closure on some issues. This is inefficient at best and we hope that this process will get closure and settle this matter once and for all. Thank you. Mr. Ward: Anyone else like to address the Board? Debhie Sidlauskas:' Hi, my name is Debbie Sidlauskus. I'm from Mattituck and I would also like to spea~ about the proposed Burger King and the Dunkin Donuts and please beg someone to do something abeut this. I ],~now Mr. Arnoff has said that it is illegal to ban them. I don't really know that that's a fact because to my understanding there are some to%ms in which they have disallowed fast food franchise establishments. If it's true that you can't ban them then there are ways I'm sure that you can make it so difficult and costly for them to come in that they won't want to. I think it's unfortunate that nothing's been done. I have had a Board member tell me, well bring me something. I don't have the time nor is it my job to research other town's codes. I think you have more resour-- ces here and mere know how, I don't have the ~now how to do that but I wish that someone ~,ould initiate something and see what we can do so that we again don't have to go through this. I don't thi~ any of us wants to see Rt 25 turn into a Rt. 58 in Riverhead. I don't ~,~now how to stop it except to ask for your help in changing the zoning in this to%m. Mr. Ward: Anybody else like to address the Board this evening? Mr. Cuddy? Charles Cuddy: Since I represent those two applicants, Burger King and Dunkin Donuts and I'm here I certainly wouldn't t~ant to let this go by without saying a couple of things. One, I don't think that this is the appropriate for~ for lobbying for a change in zoning, which is apparently what these people are doing. Two, I haven't heard a single factual allegation ~at changes anything from what has be-en presented to the Board either through McDonalds, the Burger King application or Du~fin Donuts. I think the factual concerns are being addressed environmentally, I thi~ you're .bering addressed through your consul-- rants, I thiW~ that's the right process. If there is going to be a time When further should be heard about the environmental determination then I'll address Southold Town Planning Board 76 ~eptember 13, 1993 Mrs. T~f's concerns, I'll address the president's concerns of the North For~f Environmental Council, but I really don't thi~ that this continuing, and it goes on at wo~¢sessions and it goes on here, I guess this is a worksession at this point, but that it serves any purpose except to let everybody know that virtually these people do not like those applications. Bu~ these are site plans and I don't know how to get through to the people whoiare opposing them, but this is not a change of zone, it[s simply a site plan. :These people are entitled to use their property that way. And I would ask t~at you continue the process that you're going through, just as you have. T~ank you. Mr. Ward: Anybody else this evening that wouldlike to address the Board? Mr. McDonald: I'd like to ma~e a conm~nt. Someone said that the Town Attorney told you that it %~as illegal, I never heard that, but I do remember that the Supervisor promise~ that he would change the code on this. Have you spoken to the Supervisor? Ms. Sidlaus~,~us: Yes, well... Mr. McDonald: I would suggest that Mr. Cuddy's co~nent is to the point. The Supervisor, I re~nember be made a promise. Ms. Sidlausklls: Yes, Supervisor Harris did make that conm~ent that he would change it. He went to Mr. Arnoff and Mr. Arnoff said it's illegal, it's im-- possible, you can't do that. Now, I think with a little initiative there is a way around it. I mean we're not the first town in the country to ~o this, or the state. Mr. McDonald: Then I would say that the place where that's going to have to happen, must happen, is with the Town Board. Ms. Sidlauskus: Well, I d0n't have to tell you Mar,{, we've been to them time and time and time again and there's one of the Board m~mbers who told me, bring me proof, bring me...and I told him, that's not my job, it's your job to pro-- tect the character of this town, not my job. I mean, I do what I can as a citizen, and I help anyway I can but I have my limitations and quite frailly I have a life and I'm not getting paid for this. I think it's about time the To,,~ starts doing their job. And I don't know where else to go. We have been to ~Te Town Board numerous times. We've been everywhere, and nothing has been done, everything is stonewalled. And I thief if the Town Attorneys can't find a way, or do what the citizens want in this town and the Town Board can't then...I just read about a to~n who fired their whole Town. They hired a con-- sultant and the consultant fired everybody, l.gone. They started from scratch. (everyone talking). Mr. Ward: Well, for those who are for it, ~ose that are opposed to it there's always a frustration level but rest assured that the Planning Board in terms of the reviews and the loo'{ing at the environmental reviews and that, we'll do a thorough job in our best opinion and certainly to mitigate any concerns that are there in the community, at least to address them. So, we are moving ahead with the applications. -~hey will be reviewed and carefully looked at by the Planning Board and we march on. Southold Town Planning Board 27 September l?, 1992 Mr. McDonald: How long does it nsually take for our transcripts to get done? We're looking at probably a couple of months, aren't we? Is there some_ way we could synopsize what's been said and send the comments to the Town Board? I mean, these people want to .be heard. The best we can do is let tbs Town Board know that they ' re talking. Ms. Sidlauskus: Then you've got to get them to read it. Mr. Orlowski: I've been here for ~ years and McDonalds was number 3; Friendly's %~s here first and we went through that whole round. And you're right, during this whole thing a co~m~ent was made by the Supervisor that we are going to eliminate it, but the Town Attorney has since said be doesn't know how it can be done. I think Mr. Cuddy's right, this is not the place to do it but you're going to have to take your group and ~o to the Town Board and ask them as a citizen, you want something done. It has to be_ done in code committee and that's where you have to get it to. And once you get it there and they work on it, they've done many things there, many different things, many highly unusual things. I tbi~c this would be very simple for them. But this Board cannot do it. We have to loo~ at what's in front of us and act on it and the way it's written in the code, in a fair way. But you have a good case and I thine ~ou should ~o to the Town Board and make the noise and get it on the code committee agenda and ~o there and worW on ~t. I've sat in many of those, and we've ~one like I said, many different things. Mr. McDonald: You never thought they could ..he done. Mr. Orl~ki: Never thought they could be done. And one of them that was hashed out over there was site plan. Who makes the determination? It used to .be the ~lanning Board. That's exactly pro~ably why we went throu§h some of these things and have some of these problems because that decision was taken out of our hands. We don't go along with it but we don't have that control anymore. I feel for you, I appreciate it. I've been here for a long time, !5 years and what's ~oin~ on now ~s amazing to me sometimes, but you've got to go to the other Board now because they want to take over ~e Planning process on some of these issues and some of these things so go see them and let them listen to you. You're a ta~cpayer. Ms. Sidlauskus: Thank you. Mr. Ward: No further comments? Do we make a motion to adjourn? Mr · Orlows'~.i: So moved. Mr. Edwards: Second. Mr. Ward: Ail in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southol~ Town Planning Board ~8 Sgptember 13, 1993 There being no further business to come before the Board, the meeting adjourned at 8:45 p.m. Richard G. Ward, Chairman Respectfully .~ubmitted, Martha A. Jo~es Secretary ~