HomeMy WebLinkAboutPB-11/15/1993PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett O~lowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 76~-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MINUTES
NOVEMBER 15, 1993
Present were:
Richard G. Ward, Chairman
Bennett Orlowski, Jr. (late)
Mark McDonald
Kenneth Edwards
Valerie Scopaz, Planner (late)
Robert Kassner, Site Plan Reviewer
Martha Jones, Secretary
Absent:
G. Ritchie Latham
Melissa Spiro
Mr. Ward: Good evening. I'd like to call this Planning Board
meeting of November 15, 1993 to order. The first order of
business is the setting of the next Planning Board meeting.
Board to set Monday, December 13, 1993 at 7:30 P.M., at Southold
Town Hall, Main Road, Southold as the time and place for the next
regular Planning Board meeting.
Mr. Edwards: So moved.
Mr. McDonald: Second.
Mr. Ward: Motion seconded. Ail in favor.
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed?
PUBLIC HEARINGS
Motion carried.
Subdivisions - Final:
Mr. Ward: 7:30 P.M. Hiqhpoint Woods at East Marion - This major
subdivision is for 10 lots on 20.5668 acres located on the north
side of Main Road in East Marion. SCTM# 1000-22-3-5 & 31-4-15.
Is the applicant here and wish to address the Board?
Southold Town Planning Board 2 November 15, 1993
Richard Israel: I believe everything is in order with the
application for approval. If the Board has any questions or
anybody else has questions, I'll gladly address them.
Mr. Ward: Is there anybody here that would like to address the
Board regarding this application? If not, what's the pleasure of
the Board?
Mr. McDonald: Mr. Chairman, I'd like to make the following
resolution that we close this hearing.
Mr. Edwards: Second.
Mr. Ward: Motion to close the hearing seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. McDonald: I'd like to make a further motion.
WHEREAS, Lorraine E. Mandel and Marion Woods Associates are the
owners of the property known and designated as SCTM# 1000-22-3-5
and SCTM# 1000-31-4-15.3, 15.4 & 16, located on the north side of
Main Road, 624 feet east of Stars Road in East Marion; and
WHEREAS, this major cluster subdivision, to be known as Highpoint
Woods, is for 10 lots on 21.5584 acres; and
WHEREAS, the subdivision has been designed in accordance with
Section 281 of the Town Law and Article XVIII of the Code of the
Town of Southold; 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
17, 1992; and ~
WHEREAS, a final public hearing was closed on said subdivision
application at Town Hall, Southold, New York on November 15,
1993; and
WHEREAS, upon fulfillment of the conditions of this approval,
requirements of the Subdivision R~gulations of the Town of
Southold will have been met; and be it therefore,
all
RESOLVED, that the Southold Town Planning Board grant conditional
final approval on the surveys dated October 28, 1993 subject to
fulfillment of the following conditions within six (6) months of
the date of this resolution.
Five (5) paper prints and two (2) mylars of the final maps,
all containing a valid stamp of Health Department approval
and a notation that a Declaration of Covenants and
Southold Town Planning Board 3 November 15, 1993
Restrictions was filed pertaining to the subdivision must be
submitted.
Items numbered 2 and 3 of the Engineering Inspector's August
20, 1993 report must be addressed. If this necessitates a
revision to the final road and drainage plans, five (5)
copies of the revised plan must be submitted.
The draft Declaration of Covenants and Restrictions has been
approved by the Planning Board and the Town Attorney. The
Declaration must be filed in the office of the County Clerk
and a copy of the recorded document must be submitted to this
office. The liber and page number of the recorded document
must be noted on the final surveys.
The Performance Guarantee in the amount of $221,675.00 must
be submitted and accepted by the Town Board. As stated in
the Declaration of Covenants and Restrictions, prior to the
release of the performance guarantee, a maintenance bond for
the road and recharge area, in an amount equal to ten percent
(10%) of the performance guarantee, is required.
5. The dedication forms for the potential trail system must be
submitted.
6. The inspection fee in the amount of $13,300.50 must be
submitted.
7. The park and playground fee in the amount of $18,000.00
($2000 per vacant lot) must be submitted.
Curb cut approval from the New York State Department of
Transportation must be submitted, or a letter from that
agency must be submitted stating that curb cut approval
not required.
is
A letter from each public utility company whose facilities
are proposed to be installed in the proposed subdivision
must be submitted. Such letter(s) shall state that the
utility company will make the installations necessary for
the furnishing of its services.
Mr. Edwards: Second the motion.
Mr. Ward: All those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Hearings Held Over From Previous Meetings:
Southold Town Planning Board 4 November 15, 1993
Mr. Ward: Hillcrest Estates Section 2 This major subdivision
is for 20 lots on 22.9 acres located in Orient. SCTM#
1000-13-2-8.5. What's the pleasure of the Board?
Mr. Edwards: I move that we hold the hearing open while the
applicant pursues the Suffolk County Health Services approval.
Mr. McDonald: Second
Mr. Ward: Motion seconded. All in favor?
Ayes: Opposed? Motion carried.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF
APPLICATIONS
Preliminary Extensions:
Mr. Ward: Bayberry Estates - This major subdivision is for 18
lots on 50.0171 acres located on the west side of Laurel Ave.;
140 feet south of Yennecott Dr. in $outhold. SCTM# 1000-55-6-35
& 36, & 1000-56-1-1.
Mr. Edwards: Mr. Chairman I move that the $outhold Town Planning
Board grant a retro-active one year extension of preliminary
approval from June 14, 1993 to June 14, 1994.
Mr. McDonald: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Setting of Final Hearings:
Mr. Ward: North Fork Country Club - This lot line change between
North Fork Country Club and Frances Rogers is located on Main
Road and Alvah's Lane in Cutchogu~. ~CTM# 1000-109-4-7.1 & 8.
Mr. Edwards: Mr. Chairman I move that the Southold Town Planning
Board set Monday, December 13, 1993 at 7:30 P.M. for a final
public hearing on the maps dated August 16, 1993.
Mr. McDonald: Motion seconded. All in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
$outhold Town Planning Board 5 November 15, 1993
Sketch Determinations:
Mr. Ward: Edith Dillon Edson - This minor subdivision is for 3
lots on 6.74 acres located on the northeast corner of Central
Ave. and Munnatauket Ave. on Fishers Island. SCTM# 1000-6-3-8
and 6-4-7.
Mr. McDonald: Mr. Chairman I'd like to make a motion that
BE IT RESOLVED that the Southold Town Planning Board grant sketch
approval on the map dated October 12, 1993 with the following
conditions:
Prior to any excavation of any lot, the excavation site
must be inspected by a professional archaeologist. In
addition, during any excavation, a professional archaeo-
logist must be present.
There shall be no disturbance, other than that of an
archaeological nature, within the limits of the archaeo-
logical easement shown on the subdivision map for Edith
Dillon Edson.
There shall be no disturbance of any kind within the 100
foot buffer area around the wetland shown on the subdivision
map for Edith Dillon Edson.
This subdivision has been designed as a clu~ter subdivision
in accordance with 281 of the Town Law and Article XVIII of
the Code of the Town of Southold. This must be so noted on
the final subdivision map.
Mr. Edwards: Second the motion.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: Steven & Donna Dzugas-Smith - This proposal is to set
off a 31,808 square foot parcel from an existing 29.042 acre
parcel located on the southwest corner of County Road 48 and
Tucker Lane in Southold. SCTM# 1000-59-10-6.1.
Mr. McDonald: Mr. Chairman I'd like to make a motion that
BE IT RESOLVED that the Southold Town Planning Board grant sketch
approval on the map dated November 9, 1993 with the following
condition:
$outhold Town Planning Board 6 November 15, 1993
This subdivision has been designed in accordance with Section 281
of the Town Law and Article XVIII of the Code of the Town of
Southold. If Lot Number 2 is subdivided in the future, the yield
shall be determined after first subtracting 31,808 square feet in
area from the total lot area, because said land represents the
clustered open space for Lot 1 of this set off application.
Mr. Edwards: Second the motion.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Sketch Extensions:
Mr. Ward: John & Marqaret Guest - This minor subdivision is for
3 lots on 13.7 acres located on the west side of Crescent Ave. on
Fishers Island. SCTM# 1000-6-1-5.
Mr. Edwards: Mr. Chairman, I move that the Southold Town
Planning Board grant a six month extension of sketch approval
from November 30, 1993 to May 30, 1994.
Mr. McDonald: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr.'Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Review of Reports: Engineering
Mr. Ward: Anqel Shores - This major subdivision is for 49 lots
on 92.74 acres located off Main Bayview in Southold. SCTM#
1000-88-6-1, 4 & 5.
Mr. Edwards: Mr. Chairman, I move that the Southold Town
Planning Board adopt the Engineering Inspector's report dated
October 22, 1993.
In regard to Number 3 of the report, one street light is required
at each intersection with Main Bayview Road.
Mr. McDonald: Second
Mr. Ward: Motion seconded. Ail in favor?
Southold Town Planning Board 7 November 15, 1993
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Bond Determinations:
Mr. Ward: Francis Greenburqer - This ~ajor 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. Edwards: Mr. Chairman, I move to recommend to the Town Board
that the $4,000.00 cash bond for the approved subdivision of
Francis Greenburger be released. All required improvements have
been completed.
Mr. McDonald: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF
APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead Agency Coordination:
Mr. Ward: Steven & Donna Dzuqas-Smith.
Mr. McDonald: Mr. Chairman, 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. This
action is classified as a Type 1 action since it is located
within the Special Groundwater Protection Area.
Mr. Edwards: Second.
Mr. Ward: Second. All in favor? ~
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Uncoordinated Reviews:
Mr. Ward: North Fork Country Club.
Southold Town Planning Board 8 November 15, 1993
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, 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. Edwards: Second.
Mr. Ward: Second. Ail in favor?
Ayes: Opposed? Motion carried.
Determinations:
Mr. Ward: Edith Dillon Edson.
Mr. Edwards: Mr. Chairman, I'd like to make a motion that the
Southold Town Planning Board, acting under the State
Environmental Quality Review Act, make a determination of
non-significance, and grant a Negative Declaration.
The property contains a documented archaeological site of some
reputed significance. A Stage 1 Cultural Resource Assessment has
been conducted for the site and the sensitive archaeological
areas have been flagged. An archaeological easement has been
indicated on the subdivision map, and all proposed building
envelopes have been located outside of the easement.
Mr. McDonald: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Ward: Peconic Homes - This mino~ subdivision is for 2 lots
on 45.9741 acres located on the s6uth side of Sound Ave. 1917
feet east of Farmveu Road in Mattituck. SCTM# 1000-121-3-7.1
Mr. McDonald: 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.
Southold Town Planning Board 9 November 15, 1993
Mr. Edwards: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
SITE PLANS
Final Determinations:
Mr. Ward: D & D CyclesI Inc. - 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 Road 48 in Southold.
SCTM# 1000-59-10-2. What's the pleasure of the Board?
Mr. McDonald: Mr. Chairman, I'd like to make a motion that
WHEREAS, William Droskoski and Steven DeFriest are the owners of
the property known and designated as D&D Cycles, Inc.; SCTM#
1000-59-10-2, located at County Road 48 and Kenney's Road; and
WHEREAS, a formal application for the approval of this site plan
was submitted on August 20, 1993; 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 October
25, 1993; and
WHEREAS, this site plan was certified by Thomas Fisher, Building
Inspector In Charge, on November 13, 1993; and
WHEREAS, all the requirements of the Site Plan Regulations of the
Town of Southold have been met; and be it therefore,
RESOLVED, that the $outhold Town Planning Board approve and
authorize the Chairman to endorse the final survey dated November
4, 1993, subject to a one year review from the date of building
permit. ·
?
Mr. Edwards: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Southold Town Planning Board 10 November 15, 1993 ~/
Mr. Ward: Mattituck-Laurel Veterinary Hospital - This site plan
is for a 4,598 square foot Veterinary Hospital on 1.377 acres
located on Rt. 25 in Laurel. SCTM# 1000-127-2-5.1 What's the
pleasure of the Board?
Mr. Edwards: Mr. Chairman, I move that the Southold Town
Planning Board authorize the Chairman to endorse the final
surveys dated September 30, 1993. All conditions of final
approval have been met.
Mr. McDonald: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried. (CHAIRMAN ENDORSED SURVEYS)
SITE PLANS STATE ENVIRONMENTAL QUALITY REVIEW ACT
Determinations:
Burqer King Restaurant - 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 I assume that some
of you here or maybe all of you are here to address the Board on
this issue. I didn't see anybody leave yet because of the other
issues, so at this point I leave the floor open to anybody that
would like to address the Board. We are looking tonight at the
possibility of a passing on the environmental review. That is a
step in the process of doing a site plan. If the Board makes a
determination tonight on the SEQRA process, the process would
extend into a review of the site plan. Before a determination is
made, a final site plan would have to be approved by the Planning
Board. So the floor is open if anybody would like to address the
Board on this issue tonight, please address by giving your name.
Greg Palast: I'm a member of the Southold Town Stewardship Task
Force. Our Chairman, Tom Samuels, couldn't be here tonight.
He's preparing for our own public hearings on this Thursday,
which we hope you'll have the opportunity to attend, to discuss
the recommendations which I lust handed out to you, which I m
sure you've all seen before, but I wanted to make sure you had a
copy. Tom couldn't make it tonight, but I thought it would be
appropriate for me to come in - he's asked me to.
As you know, the Southold Town Task Force has issued 34
recommendations after a year of work. 34 preliminary
recommendations to the Town, after much long deliberation. One
of our recommendations, in specific, is that there be no fast
food establishment outside the hamlet centers. I'm looking for
the specific number in here. Maybe you thought we were kidding,
Southold Town Planning Board 11 November 15, 1993
but we really have given a lot of thought to this matter. It
almost doesn't matter what number it is in here, I could find it
for you. What's important that it's part of a general overall
very thoughtfully, carefully considered program that we have,
which is aimed towards placing development within the hamlet
centers. It is part of the overall program of the Task Force to
determine ways to maintain the rural character of Southold.
Specifically, keep in mind that, like your Board we are an
appointed agency of the Town Board.
Our jurisdiction and our mandate is under resolution to consider
the code and zoning map and to conform it to the Master Plan and
the precepts of the US/UK report as adopted by the Town. What
we'd like to do is make sure that we work together so that we
aren't working at cross purposes. I understand that the law
requires that any EIS, or in this case an LEAF, consider the
character of a Town, in our case a rural character. That concern
has been designated to be reviewed by the Town Task Force. We've
given it a lot of thought. My understanding is that it's not
been addressed in the LEAF presented for Burger King here. One
of the problems being that this cannot be ignored. We've given
this a lot of thought. Maybe you can disagree with the Task
Force's findings or maybe you have alternatives that you'd like
to present to us or discuss with us, but I think its always been
a problem that we've had that these proposals have not given due
concern. That there has been no hard look given to the matter of
rural character.
And I think that before there is some Negative Declaration here,
that the applicant, with the Planning Board, give very careful
concern and consideration, take a very hard look at whether this
application fits in with the rural character of the Town. And
it's been the finding of the Town's Task Force that it would not
be within the rural character of this Town. We are not targeting
Burger King nor even fast food establishments. We're trying to
aim, as you know, development within the hamlet centers. We have
a particular recommendation as to fast food. We, in addition to
failing to look at the question of rural character, would hope
all applications will now begin to address rural character as
required by law. And the Task Force is trying to give some
guidance on a format to do that.
But, we would ask the Planning Board to consider the entire
Planning process. And we understand ~nder the law that there is
no delay considered in speedily r~viewing an application if we
are in the midst of a careful review of the Planning process. We
are far down the line. After one year, we have given this 16
page set of recommendations. They will be, in many cases, filled
out by (inaudible). Some of these have multi-paged details which
go behind each paragraph of the 34 recommendations. What we're
hoping is that in coordination with the Planning Board we can
make sure that your decisions dovetail with ours, and the Town
Board's decisions.
Southold Town Planning Board 12 November 15, 1993
In consideration, the entire planning process, which is to reform
the code and bring it in line with the Master Plan - and keep in
mind that the applicant's been aware that we've been in this
process for one full year, so it's not like they have not been on
notice that this matter should be addressed. We would hope that
the Task Force and the Planning Board could work together, not
only as to matters such as this application, but the entire
process so that we're not at cross-purposes and that your actions
can dovetail with ours. And we can also make sure that the code
is corrected so that can be no disparity in our actions.
So, once again, we would hope that you would have the opportunity
to join us this Thursday on the 18th and go over the entire
planning process. This is one recommendation, to not have fast
food establishments outside the hamlet centers. I think that
therefore, the failure of applicant to take a look at this
matter, which is required by law, and especially in light of the
recently released findings of the Task Force would mean that
there has to be a second hard look taken at this application.
Thanks for your time. See you Thursday. Any questions?
Mr. Ward: Just that, in your opinion, what do you say is rural
character? What do you mean by that?
Mr. Palast: Well, we have a beautiful description, I hope you'll
come Thursday. But, Southold is unique. Southold is unique.
I've been all over the country, as many of our Task Force
members, and what you see in every town is a Jiffy Lube, a
McDonalds, and neon signs, etc. You see them in every town, but
you don't see them in our town. Now, it is not our purpose to
create absolute prohibitions. And, in fact, what we are trying
to do is direct development, as you are. In fact, we share
of the time of Valerie Scopaz is dedicated to your efforts, and
50% to our efforts. So we have a lot in common, including our
great experienced help.
So, when we talk about rural character, we are talking about
maintaining open space, and maintaining growth within small town
hamlets. So by rural character we mean no sprawl. We mean no
businesses, in the ideal world, no businesses spread across like
a broken smile across the North Road and across the Main Road and
just willy nilly pock marks upon the open vistas. And so what
we're trying to do is consolidate businesses into these central
areas. And in particular, certain t~pes of businesses, we have
determined in fact by consensus of all 16 members, we actually
have a statement which we agreed on that fast food
establishments are not within the character of Southold Town,
period. However, what we have determined is that in light of our
total program, that there would be a way if such an application
came forward, to integrate them into a hamlet development plan.
And we're not talking about a big delay here. We're not talking
about holding people up forever. We're talking about a program
that we are completing now working that we, like I say, presented
Southold Town Planning Board 13 November 15, 1993
as you know to the Town Board already. And we expect it to be
acted on pretty quickly.
So, no sprawl, no businesses willy nilly across the Main Road or
North Road, maintenance of the open vistas and in particular
encouraging businesses which have traditionally have been here,
because there will be harm. We have made a determination which
is our scope, under our authority (inaudible) that there will be
harm if you have businesses which are not within the character of
the Town. And the harm comes from the fact that, not only do we
like it this way, but we live and die by tourism and by
maintaining the beautiful vistas. That's what we have to sell.
We lose that - we lose the small town character, and we are out
of business. So that's where we find harm. 'Cause this is as
much a business proposal for the Town as it is something just to
keep it nice. Any other questions?
Mr. McDonald: You've said that, if I understand it, that they
haven't addressed the specific problem of maintaining rural
character. Is that correct?
Mr. Palast: Yes.
Mr. McDonald: And that's why the environmental form is not
complete? The environmental review is not complete?
Mr. Palast: Well, my understandings that the character of a
locale must be taken into consideration. In specific, what we've
determined through Task Force, is that we have a rural character.
This is not a big leap of research for us, obviously we have a
rural character. Once you make that determination that we have a
certain type of character which is characterized by small towns
within our towns, which we call the hamlets, and open spaces,
which basically would exclude such things as fast food
establishments between hamlets, and would be out of character.
There are certain types of businesses which we do not allow, even
now, to some extent we discourage.
We are trying to tighten up the rules to make sure that rules
which should discourage these things are a little bit clearer.
I'm not sure that these types of establishments are necessarily
allowed under current law. But we want to clarify that code.
And because this was not addressed - you know some EIS's and
LEAF's look at questions of like "Are' we going to lose an
endangered species?" - well our c6ncern is not maintaining
whether the spotted alligator is safe here. The species that
could be extinct is the Southolder. The small town person. And
that must be addressed. It's not a question - frankly, it's not
a question of whether it would be a good idea to address this
matter, it is required. An as far as I know...I must admit I
haven't seen the latest papers presented today, maybe they do
fully address this matter, so I could be wrong on that, but...
Southold Town Planning Board 14 November 15, 1993
Mr. McDonald: I'm still confused about what it is that they're
supposed to address.
Mr. Palast: They're supposed to address rural (change tape).
They are required to address the character of the community. And
in this case, the Task Force has determined that the character is
rural.
Mr. McDonald: What specific things would they do, in your mind,
to address the rural character of the area. What are the
elements that they would do in their review that would allow them
to address this question?
Mr. Palast: Well, we would determine for example,
whether...that's a good question in and of itself, and I'm not
going to claim to be exhaustive on this. In fact, as you know,
the Task Force has its own attorney, Michael Simon, who is
looking at this very issue, and I hope that you would have an
opportunity to speak with him on it. He is researching this very
issue of fast food, etc. And so I hate to preempt him. He's the
lawyer, I'm not, I'm an economist...
Mr. McDonald: Well, traditionally the elements would be things
like appearance of the building, the appearance of the signage,
the nature of the lighting, the location of the building, the
amount of grading on the site, the amount of landscaping and the
placement of the landscaping. What are the elements that you
have in mind that he would address. I shouldn't say he because I
don't even know that - but the applicant would address to answer
this question in your mind.
Mr. Palast: We have Bob Bayley also from the Task Force here,
who is an architect and looking at these matters. We also, have
to look at the traffic, we are looking at issues such as
advertisement of off-brand items through signage that would be
prohibited, we would have to look at such things as whether there
would be a lot of traffic in and out, whether this is mainly a
take out establishment or eat in establishment and we do not have
dedicated take out establishments. We do not want them between
the hamlets. The question is whether ...I'm not quite sure,
frankly, that this applicant can immunerate (?) the problems.
Mr. McDonald: Those elements that y~u just mentioned were all
answers. Would that be sufficient?
Mr. Palast: Again, I don't want to say that I would know it's
sufficient. I would want to talk to both the Task Force people
and our attorney. In fact, Bob Bayley probably would have more
to say on this than I do, on specifics of what we would look at.
So it's more than look. One of the things we're trying to do
frankly is to move these businesses, especially with heavy
traffic, especially where they may be dedicated to take out food,
into the hamlet centers and if it's going to be a business
dedicated to take out, or mostly by dollar volume or traffic
Southold Town Planning Board 15 November 15, 1993
volume by take out, then we may have a serious problem with it.
Can we ameliorate it and keep it at the site? That I don't know.
Has it been addressed through architectural amelioration? I
don't know. Has it been fully addressed I can't tell you right
off hand myself. Also, we want to know if it affects the
businesses in town and whether it would take away business from
the hamlet centers so that we end up with more vacancies and
sprawl by removing businesses from the hamlet centers. So it's
not an exhaustive list. I can't tell you right off hand. Any
other questions.
That's the answer. We'd like to sit down and go over, like I say
there's a long list about what is rural character and what are
its elements and we still have some way to go, but thank you.
Tom Flater: From Mattituck. I was just curious what Mr. Palast
defined as the hamlet center for Mattituck.
Mr. Palast: That's a good question. What we are doing is - come
to the meeting on the 18th - we are going to hold a meeting for
every hamlet, for every school district. The people who attend
will be asked to, in fact, draw a line to define their hamlet.
As you know, in the code their are certain definitions, for
example 1/2 mile, a mile from the post office. We have certain
areas that are designated hamlet business zones. So we have
certain definitions on the zoning maps right now, but we are
actually working on that question to...part of the the mandate
given to us by the Town is to try to correct the zoning map so
that we have a very good idea what we mean by hamlet center, so
come the 18th. And I should let everyone know we are going to
have hamlet by hamlet meetings, asking people to actually draw
their lines and say, this is what we consider the center and
we're we'd like to see development, as we understand lt.
Mr. Flater: OK, thank you.
Mr. Ward: Is there anyone else that would like to address the
Board as this point?
Linda Levy: I'm the Southold coordinator for the North Fork
Environmental Council. I'm speaking tonight on behalf of the
North Fork Environmental Council and this is, I think, the third
time that we have addressed you on the issue of the Burger King.
As you probably are aware, we believ~ that there should be a
Positive Declaration on this prop6sal, because we believe that it
requires an Environmental Impact Statement before a decision can
be made. We have two specific reasons for that, that I wanted to
go over with you tonight.
The first, which may seem minor, but the more you think about it
the less minor it seems, has to do with our new garbage law. Up
until now, for example back when McDonalds came in, we were
worried about how was the establishment itself going to get rid
of it's own garbage. And that has been addressed I understand in
Southold Town Planning Board 16 November 15, 1993
the documents that have been provided, that Burger King is going
to ship out their garbage and it's going to be out of town. But,
our concern is about the trash that is going to be littered on
the streets and there is a big difference now between now and
when McDonalds' application came in about what the impact might
be on our community in terms of the garbage. And the difference,
of course, is that we now have a fee for garbage. Now, if
somebody goes to the Burger King and picks up their hamburger and
their french fries, and takes it into their car to drive and eat
on their way to the ferry, for example, they can't just stop at a
garbage can and throw the stuff away. They have to somehow locate
a yellow plastic bag with the Town logo, shortly, to make sure
that it's disposed of properly. I thin that one of the concerns
that we've all had about the new garbage law has been illegal
dumping in the town, and I think that the fact that we have this
law is going to increase trash and garbage on our streets in all
cases, and in particular in something like a fast food
restaurant. Just because they don't have a drive through window
doesn't mean that people are going to be eating in the
establishment. For example, in New York City, in Manhattan,
there are no drive through windows at any of the fast food
restaurants, but people don't sit and eat in the restaurant, you
find trash all over the street. And they don't have to pay for
their garbage to be removed. So we feel that in light of the
change in our Town Code regarding how we dispose of our garbage,
this is an issue that should have been addressed in looking at
this application.
More importantly is the question as to whether or not the public
has had an opportunity to really address this. The controversy
that's generated by the building of a Burger King in Mattituck -
and I think the number of people here tonight is witness to the
fact that there is a controversy - is not unexpected and I don't
think that it's unexpected to you and I don't think it's
unexpected to the developer. Only two years ago, the public
outcry against the McDonalds was so great that our own Town
Supervisor, on record, in the newspaper, stated that he was going
to do whatever he could to re-write the Town Code to prevent fast
food restaurants from being in the Town of Southold. Now, as you
just heard the US/UK Stewardship Task Force, which is an official
committee of the Southold Town Board, has recommended that the
code be changed so that these types of businesses would only be
permitted in the hamlet business zone. And as you know, is
currently zoned general business in t~e location that this would
go up. ~
This concept that we want this, both businesses and high density
residential units, to be in the hamlet centers has been endorsed
by all of our elected officials, as well as, I believe, you
yourselves, the Planning Board. The proposed development of the
Burger King flies in the face of this planning concept and of
this recommendation. The impact of this unplanned use on our
community character has to be assessed under SEQRA law. In
determining the significance of unlisted actions, the SEQRA law
Southold Town Planning Board 17 November 15, 1993
states a whole list of criteria of what has to be looked at and
one of them is the impairment of the character or quality of
existing community or neighborhood character. Now Mark asked
before, how would you measure this, what would they check other
than does it look nice or is it a garish sign or a pretty sign
or...I think that unfortunately, and one of the reasons that we
need an Environmental Impact Statement so that we can thoroughly
look at this question, is that it isn't something that can be
measured just by whether or not it goes along with the
architectural design of the rest of the town. It's something
that's somewhat intangible but I think that we all have a sense
of what. we mean when we say that Southold has a ~ertain character
and that a fast food restaurant may not necessarily conform with
that character. We would like to see this addressed, and thus
far the issue specifically about the community character has not
been addressed. We feel, at the NFEC, that by issuing a Negative
Declaration what you're telling us because there is not even one
single comment in either the Environmental Assessment Form or in
your own consultant's report about the impact on this community
character, we feel that what you're telling us is that there
isn't any impact. But in fact, we don't have any fast food
restaurants in Southold right now, so to say that having the
first fast food restaurant in the history of this town, 353
years, that that will have no impact on our character seems to me
to be a rather ingenuous statement. I don't think that you
believe that and I would like to see it addressed. I believe
that there has not been a hard look taken at the issue of the
impact on our community character. In light of that, we believe
that if you were to issue a Negative Declaration at this time, it
would be in violation of SEQRA. We have to take a hard look at
these issues, there will be trash on the streets, and our
community character will be affected. Only the Environmental
Impact Statement can adequately assess to what extent this will
be affected. We can't answer tonight what those issues are,
that's the whole purpose of the Environmental Impact Statement.
SEQRA requires that any agency that declares itself lead agency
make every reasonable effort to involve applicants, other
agencies and the public in the SEQRA process. In this case, we
believe that that mandate can only be carried out by issuing a
Positive Declaration. Thanks.
Mr. Ward: Would anybody else like to address the Board?
before the applicant.
Anybody
Linda Fletcher: I'm here tonight~'also on behalf of the North
Fork Environmental Council. It appears that the core issue here
is the community character of the Town of Southold and I would
like to expand a little bit on what Linda said as regards that.
First of all this issue of the community character is of
paramount importance to me and to hundreds of other residents in
this community. And it directly relates to the Burger King
application which is before you. I'm going to try to refer to,
as much as I can, to issues and to facts and things that are
Southold Town Planning Board 18 November 15, 1993
stated within the SEQRA law and other documents that you have at
your hand, that you're able to get a hold of.
A stated purpose of SEQRA is to involve the public in the SEQRA
process. And Linda just said this, that agencies are charged to
initiate communication early on in the process to identify areas
of controversy relating to environmental issues requiring indepth
analysis in an EIS. If you issued a Negative Declaration for
this application that would effectively subvert this process by
removing the opportunity for public concern and identification of
relative issues and public scrutiny. Secondly, the determination
of significance of an unlisted action is made by application of
stated criteria in State regulations. Several of those criteria
are relevant to this application. Now, on August 5th I presented
to your Board a memo that stated the criteria taken out of NYCR
Part 617 that I know you are familiar with, and I took out about
4 or 5 of the criteria that I felt were relevant to this
application. I would only like to talk about the impairment of
the character of the existing community, at this time. But there
are others, and I provided you Board with a copy of this and
there were pictures that went with it and I hope that it was sent
to Cramer and Voorhis. I don't know. Anyway, that business
about the community character, which is in part of that list,
that criteria, is certainly relevant here because there exists no
major chain fast food restaurant in this town. And, if the
presence of this type of business appears, we all know that it
would alter the face of this community forever. And yet nowhere
in the Cramer and Voorhis report and review of this application
is this factor mentioned. And this is a factor which is part and
parcel of the SEQRA review, but it's never mentioned there. So I
thin~ this is inadequate. I don't think this report is
comprehensive enough.
Also, I'd like to remind you, and it's also in my report, that
the failure of the lead agency to consider whether the character
of a community would be altered by a proposed action, was held to
be arbitrary and propitious by the New York State Board of
Appeals. So, that is an important consideration for your Board
to look at. Finally, I would like to direct your attention to
the LEAF for this project - Part 2 and question number 19 which
is found on the last page of the LEAF. I would like for you to
note that your chosen consultants, Cramer and Voorhis, have
answered yes to the question of the actual existence or
likelihood of public controversy related to potential adverse
environmental impacts of this application. They said yes, there
is public controversy. But once again, it was never addressed in
their review. They don't say anything about it. They say
there's controversy and they just let it go. This Board is
required by law to take a hard look before issuing a
determination. The North Fork Environmental Council calls for
your Board to do exactly this. You can do no less and no more,
than what the law requires. To do otherwise would constitute a
failure to comply with the intent of the State Environmental
Quality Review Act. And in the interest of good government and
Southold Town Planning Board 19 November 15, 1993
prudent planning, we trust this Board to do the right thing.
Thank you very much.
Ronnie Wacker: I'm from Cutchogue and I'm a member of the North
Fork Planning Conference. I have a distinct feeling of deja v~e
here tonight. It was only two years ago that we were up here
talking to you about McDonalds and we were promised at that time
that the Town would see to it that there would be some limits
placed on fast food operations and nothing was done of course.
Well now we have a new administration, brand new that's coming in
January and we all have been busy in the last couple of weeks
filling our the Task Force questionnaire to see what people in
Southold Town really want the future of Southold Town to be. I
propose that we wait until the questionnaire's have been
tabulated and the new administration has had a chance to assess
them and to act on them. Let's not be hasty, by any means at
all. I hope that whatever action¥ou take, you will wait until
after we have our new group in place and in any event I do think
that we have to have a Positive Declaration, whether its done now
or later or whenever, because there are a number of questions
that have not been answered to date% So I hope that you will
postpone action. Thank you.
Mr. Ward: Anyone else like to address the Board?
Jean Mariner: I live in Mattituck and Mattituck is the gateway
to the $outhold Town and as such it should be kept in such a
manner that our major economy - tourists and the second
homeowners - have the ambiance that they want and that's why
they're coming here. And by allowing this strip zoning to have
continued in Mattituck, you are destroying the gateway to
Southold Town, destroying the character of the town and there is
nothing wrong with taking some time out. The Town's of Oyster
Bay (inaudible) there's legal precedent for just taking time out.
You'll be upheld in court. You can just put this in abeyance for
a short while until the people of the town have spoken through
the planning process with the US/UK recommendations and I urge
you to think on that and please don't destroy the character of
Mattituck anymore. It's already been fairly well destroyed.
Maybe we can turn it around and think that this is the gateway to
the Town of Southold one of the last great places in the
western hemisphere - and perhaps we could all work towards
keeping it that way. Thank you.
Linda Miselborski: I'm seventeen~years old. I'm in favor of
Burger King. I don't eat meat and chances are you won't find me
in that place. But I feel that it would be great because it will
produce jobs for us kids maybe, and maybe get off the streets
where you go and eat. It will be good economically. As far as
the problem with the trash, I called Burger King in Riverhead and
I called McDonalds in Riverhead and they say they have garbage
around their place of business but they take care of it. They
have people who go out there and take care of the trash. I
called Riverhead Town about their trash problem and they said
Southold Town Planning Board 20 November 15, 1993 ~/
it's not as bad because they have people who go around taking the
trash. They have kids, older families go around communities and
take the trash, pick it up, dispose'of it and he said - Joe
Janoski, I talked to - he said it was basically kids were willing
to pick up after the trash and get rid of it. (CHANGE TAPE) I'm
sure we could have people help pick up the trash. People are
concerned about the environment now, I mean there are some people
who litter, but I'm sure a lot of people have stopped littering.
I know people who littered and they don't litter anymore because
of the environment. I just think it would be a good idea to have
a Burger King. Thank you.
Mr. Ward: Is there anybody who has not addressed the Board yet
who would like to talk?
Bruce Isaacs: I have one very specific concern about this
application. Maybe it's been addressed, I don't know, but
somewhere along the North Road there is going to be a sign, or
two signs, one from the east and one from the west, directing
people to turn south to the Main Road to come and get their
Whopper, or whatever. The poor unfortunate lane or street where
this sign is directed is going to change dramatically,
particularly in the summer and particularly at times when the
ferry comes in. Living on Alvahs Lane, I certainly do not want
that direction to come down Alvahs Lane, because I don't want my
street to be turned into a thoroughfare. I was wondering has
anybody looked into this aspect of the application?
Mr. Cuddy: I'll address that.
Mark McDonald: Do you want to wait until the very end and do all
of it?
Mr. Ward: Yes. Is there anybody else that would like to address
the Board before the applicant addresses the Board? OK, Mr.
Cuddy, I guess we're ready.
Mr. Cuddy: I first want to thank the young lady who got up and
spoke. I go to a lot of meetings and I'm the sole speaker. I
want to address the gentleman that just spoke. You indicated
some fear and apprehension, I guess, about signs being posted.
The owner has indicated to me, and I state here on the record,
before all of you, and into the tape, that there will be no signs
posted on the North Road, there will be no advertising signs for
Burger King. If you want to know/- you asked - that's the
answer. No.
I would like to go through a little bit factually, before I get
to the law. Factually, I think there are some errors that are
being made and I think that maybe some people in the audience
have been misled. First, let's take a look at what we're talking
about as far as that particular area. To the west of this
location is a gasoline service station. Across the road is the
Southold Town Planning Board 21 November 15, 1993
Suffolk Times and right next to the Suffolk Times is a used car
lot.
Audience: Illegal used car lot.
Mr. Cuddy: It hasn't been illegal yet. It's been there for a
year. Right next door is an insurance agency; right after that
is GNS. Across the road from that is the North Fork Bank. This
is hardly a non-commercial area. And I think factually, we
should recognize what'it is. But I think more importantly, let's
take a look a little bit at the law. Unfortunately, we don't
really address the right Board; and I've said this before and Mr.
McDonald has commented on it before. What you're asking tonight
is this Board to take the speculation from the Stewardship Task
Force and convert it into zoning. That can't be done. It can't
be done here, and it's not done. It may be done someday. I
don't know if it will ever be done, and neither do you, quite
frankly. But what we're looking at is zoning that's business
zoning. We're looking at a business zone that permits this type
of use. We're looking at a three acre lot and I think three
acres is a good size business lot. We're looking at a piece of
property that's going to have a building 140 feet back from t#e
road and there's no fast food restaurant that's 140 feet back
from the road. You can look anyplace you want, it just isn't
done. But here it is going to be done.
There's going to be 3,000 square feet, which is relatively small.
It's smaller, in fact, than McDonalds. But this applicant has
been before this Town for close to two years. The applicant is a
real estate partnership, and that real estate partnership has
owned this land for years and years and years. And the only
difference is that there's now a Burger King instead of a
McDonalds. Burger King is before the Board the same way
McDonalds was before the Board. McDonalds received from you a
Negative Declaration and there's no reason that this application
shouldn't. To talk about the impairment of the character of the
community is quite surprising to me, because we have done
everything that we can to make this a decent building and a
decent operation in this particular location.
I've been through the facts before, and this is an area that's
appropriate to have it. The Town has zoned this property this
way. You can't undo zoning. And wh~ you're here tonight asking
them to do is NOT consider the zoqing. The zoning is there and I
think these people, after two yea~s, are entitled to have a
Negative Declaration. They have addressed every concern that the
consultant has brought before you. They have addressed every
concern that this Board has asked for to be addressed. And I
would ask you to approve the Negative Declaration. I think they
are entitled to it and I think the time is correct. I think this
is the time to do it. I'd be pleased to answer any questions
that you have.
Mr. Ward: Does the Board have any questions for the applicant?
Southold Town Planning Board 22 November 15, 1993
Are there any other questions or concerns from the audience at
this point?
Debbie Sidlaukis: I live in Mattituck. I would just like to
comment on Mr. Cuddy's remarks about the other businesses that
are in the area. You do need a gas station. These are all
necessary things. You need a gas station. You need a bank. The
newspaper is a local business and has been for years. The only
thing we don't use is that stupid used car lot. We don't need
and we don't want fast food franchises on our Main Roads. I
think this was made quite evident back when McDonalds was trying
to get in. Unfortunately, we had a Board that obviously didn't
care about what the majority of the citizens of this Town want.
I hope you will give this more consideration because it will
change the character. It will change the character of our Town.
I'm not saying that the Main Road in Mattituck is heaven on
earth, there certainly could be a lot done. But what is there
are necessary for everyday daily living and I don't think a fast
food franchise fits into the same category.
Mr. Ward: I don't want to limit conversation, but if they're
issues that have been addressed by either side at this point, I'd
like to limit it at this point to anything new to be brought up
to the Board for consideration.
Linda Fletcher: I'd just like to ask one question of Mr. Cudd¥
when he mentions that the owner is ready to certify that there
will be no signage. Who is the owner?
Mr. Cuddy: Cofam Realty is the applicant.
Mr. Ward: I'm going to have trouble with this conversation on
the tape. If we're going to have a back and forth, I'd rather
have it addressed to the Board, and Mr. Cuddy if you would stand
at the microphone, if you're going to have to answer a couple of
questions, let's make sure it's on the tape.
Linda Fletcher: So therefore, is it to be understood that Cofam
Realty will own the Burger King, or do they just own the
property?
Mr. Cuddy: Cofam Realty owns the property it will have also an
interest in the Burger King. I repr~.~ent the applicant. The
applicant is Cofam Realty. It is going to have a Burger King
franchise. I have said before when we talked about the signs,
that there will not be signs. I spoke for Burger King and I
spoke for Cofam. I speak for them now. For both. So there
should be'no mistake.
Linda Fletcher: I didn't understand who the owner was. I think
that's important to clarify that.
Mr. Cuddy: Well that's who the owner is. The owner has been the
same person since...
Southold Town Planning Board 23 November 15, 1993
Linda Fletcher: I know that, but Burger Kings
franchised out to other people who maybe it is
this property to sell it to a contract vendee.
are often
their contract on
Mr. Cuddy: No. I didn't say there was.
Linda Fletcher: No, I know you didn't say there was. I was
asking if there was.
Mr. Cuddy: May I add just one line, if I could just have a
minute. There was concern about fast foods in this town, and I
find that an odd concern when we have 7-11's and dells but more
importantly, I didn't go far enough west. Perhaps Subway isn't
well enough known, but Subway is sitting in Mattituck, in the
shopping center, and it's a fast food chain.
Mr. McDonald: Mr. Cuddy, I want to make sure I understood.
There is going to be no off site signage.
Mr. Cuddy: That's right.
Linda Fletcher: I have just one more point that I wanted to
make. In the report that I gave you, I would like to emphasize
that although Mr. Cuddy was emphasizing one side of the
application, the North Fork Environmental Council here is asking
for a harder look for a Positive Declaration to take a closer
look at this application. We are not asking for a ban on fast
food restaurants. I would like to make that very very clear. We
want more scrutiny. And to that end, another part of the
regulations says that the lead agency must consider reasonably
related long term, short term and cumulative effects. I think
this is something that hasn't come up tonight, but it's in the
law again. Cumulative effects of this action are devastating.
We know what it means and it was to that point that I included
pictures in my report which I don't have to include. You can all
take a drive to Riverhead for cumulative effects on Rt. 58. We
all know what they are, and the lead agencies are charged with
looking at that in making their determination. So I think we need
a harder look. Thank you.
Jim Small: From Cutchogue. Even if you were to succeed in
putting up a nice cozy little Burger King, something not
offensive, within five years I know we would have Wendys,
Friendlys, Pizza Hut, McDonalds. It'% obvious this trend would
follow.
Bruce Isaacs: I'm not a lawyer. He said that they won't put up
a sign but how is that enforced? What if they change their mind
six months down the road. What guarantee is there that this would
last in perpetuity, as they say?
Mr. McDonald:
process. If
ordinance.
He's on the record. It's part of the SEQRA
he violates it, he's in violation of the site plan
Southold Town Planning Board 24 November 15, 1993
Bruce Isaacs: And what's the penalty?
Mr. McDonald:
would...
That's a good question. The Building Inspector
Bruce Isaacs: Yeah, but that doesn't help Alvahs Lane for
instance as far as the sign. Our street is ruined at that point,
or whatever the lane happens to be.
Mr. Cuddy: Just for the record, if I may Mr. Chairman. This
type of operation requires three acre lots because of the Health
Department concerns. You have to also be in the right zone. I
believe in this Town looking at the zoning. There probably are
less than three other places that could contain any possible fast
food operation at any time, and they're not all together. So
when somebody says that there are going to be a myriad of fast
food places here, it's just not zoned that way. It couldn't
happen.
Tom Flater: I'll be quick. A little bit of repetition. Ail I'm
asking is, after listening, particularly to the North Fork
Environmental Council, there are obviously some concerns about
properly addressing some of the SEQRA requirements and
guidelines. We just want to make sure we take some time here.
There's obviously some controversy. We either maybe want to see
a postponement of your declaration; a better case would be a
Positive Declaration. Let the town speak for what they want.
And in addition, Mr. Cuddy had mentioned, that for McDonalds
there was a Negative Declaration, is that correct?
Mr. Ward: Yes.
Tom Flater: Just because two years ago McDonalds got negative, I
don't think that's got any impact whatsoever on this. Things
change over time. So I really think that's got very little to do
with it. Thank you.
Mr. Cuddy: In light of the postponement, it is simply to give in
to a group from the North Fork Environmental Council. To delay
is precisely what people wish when they want to obstruct. This
isn't a question of entitlement in zoning. We have the right
zone. This isn't a question of coming before you in the last few
weeks. This application by itself has been pending for month
after month after month. The same a~plication essentially
occurred before. This is an application that has gone before the
Zoning Board of Appeals. It was approved before the Zoning Board
of Appeals. This is an application that has had an infinite
number of hearings. And whether this hearing is correct tonight,
and I have some doubt that there is this type of hearing, but
we've had it and everybody has been democratically allowed to
talk, which is fine. But it's wrong for any applicant, whether
it's Burger King or anybody else in this town, to be delayed
inordinately because some people feel that this shouldn't exist.
That's all that's really being said. We don't like this
Southold Town Planning Board 25 November 15, 1993
application. But the zoning is for this application and it's
been for this application for years, and it's wrong to do
anything but to have it approved tonight.
Barbara Volper: I live in Mattituck. I am involved with no
organization. I am not a member of the North Fork Environmental
Council. I am here as a tax payer; as a person who cares about
the town. I had no idea of getting up and talking. I have to
address Mr. Cuddy and a few members. First of all, the seventeen
year old girl who is here, I give her a lot of credit for getting
up and speaking her mind. Especially knowing that she was
amongst a lot of opposition. As far as Burger King getting kids
off the street, if they got the kids off the street, if they got
the kids off the street there wouldn't be help wanted signs in
every single fast food store that you pass, especially in
Riverhead. As far as being a kids hangout, I don't think anybody
wants that. The businesses that are surrounding the Burger King
property, none of them promote excess traffic with the exception
of possibly the gas station. Burger King will definitely promote
traffic. You are not going to be able to get kids to work there.
They don't want to work for minimum wage. I have three children,
the youngest is 15, she does not work for minimum wage. I really
don't think too many kids will today. The impairment of the
character of this town is...you've got to keep the character of
the the town the way it is. That's why people come here. I
worked in one of the larger vineyards, approximately 3 years ago,
and I worked there for four years. And all the people who came
to that vineyard, not once did they say to me, "Gee Barb, where's
there a fast food restaurant?" They asked me where there was a
cozy quaint little restaurant. They come here because they want
cozy and quaint. You put in Burger King, you're going to have
McDonalds, you're going to have everything else. There goes
cozy, there goes quaint. There's nothing left, we can all go to
East Marion. Thank you.
Carrie Zenkowski: I'm seventeen years old and I live in East
Marion. There is absolutely nothing there. There's nothing from
Orient to Southold. I may seem lucky, but when I go and hang out
with my friends, I don't like to see them drinking, sitting along
the side of the road near a beach somewhere, passed out. I'd
rather see them at a Burger King or a McDonalds. It may seem
ridiculous, but when you proceed to sit here and say our rural
construction of our town and this and that, no matter where you
go there is going to be something rural about it. There is
absolutely nothing in Orient. I ~orked at Terry's Farm Stand,
that's, at the minimum, blast of the Island. There's nothing
there. People come by and say what's to Orient Town? There's
nothing to Orient Town but a little deli, a little antique store,
a church. There's nothing there. When people want to come to
our town and say oh Orient is such a great place, it's because
it's just houses and a little community. There's nothing there
for kids. Kids from Orient have to travel all the way to
Mattituck to visit their friends. If there's someplace between
Orient and Mattituck, sure kids are going to find a place to stay
Southold Town Planning Board 26 November 15, 1993
and hang out anywhere. But it's kind of ridiculous to be sitting
here arguing about fast food restaurants, when you're subdividing
land and property that isn't even being developed. There's
property across from Porky's Restaurant in Greenport that's been
sitting there for I don't know many years, and it's supposed to
be a mini mall, but you don't see that being built. I don't see
any small businesses being put in there. There's places across
from North Fork Deli and Bagels Plus and Davals. Those
businesses went out, they're all closed up. There's a billiards
place, kids used to go down and play pool, now there's nothing at
all. I go and I hang out in Riverhead, now there's a Taco Bell
opening up. You'll see the majority of Greenport, Southold and
Mattituck students going there to hang out with friends that they
meet from other places because there is other stuff to do on the
south fork and up the Island.
Mr. Ward: I would like to just take a minute, for those that are
present, for Bob Kassner, the Site Plan Reviewer, just to go
through the...there are a number of issues that did arise and the
applicant did address, and I thought at least for the record
tonight that, Bob if you would, just run through those particular
issues that were addressed by the environmental review and the
Planning Board and others in terms of what has been done by the
applicant.
Mr. Kassner: As you all know, we did a coordinated review on
this. So all the involved agents had input and we sent it to our
environmental consultants for their recommendations. The
environmental consultants came back to us after due consideration
of all the inputs, including a cumulative traffic study, and
stated that a Negative Declaration was in order, with the
following provisions and. extra data. And what they asked for was
sign details. As we all know, the standard Burger King sign is a
very large, plastic, internally lit sign. The proposed sign that
Burger King intends to present is a wood carved sign with flood
lighting. Not the standard plastic Burger King sign.
We had some concerns, and they had some concerns about garbage
disposal. We have a letter from the applicant stating that all
garbage will be trucked out of the site, not going to the
transfer station at the landfill.
We had some architectural concerns about the building. It has
four doghouses; it's very colonial. Recently, we asked for
double hung windows to give it a ~ore colonial, more
architecturaly significant compatible facade, and that was
incorporated into the plan.
We had some concerns about the slope. As you all know, if you've
gone by this, there's a very steep slope in the front. And we
were concerned about some of the erosion into the Main Rd., that
is State Rt. 25. The applicant has provided ground cover and has
reduced the slope and other types of mitigation measures to
Southold Town Planning Board 27 November 15, 1993
reduce this, and during construction will put hay bales and other
types of things to prevent the erosion into'the Main Rd.
Our environmental consultants had some concerns about the number
of trips in the traffic study. And incidentally, it was brought
out before, we did a cumulative traffic impact study. We not
only included Burger King, but we included Dunkin Donuts and we
included North Fork Bank in this cumulative traffic study, to see
what the total impact would be on Rt. 25, and that was
considered. The major thing was that the 86 seats in this
restaurant, there was some controversy whether that was used in
the traffic study, and it was.
We had some concerns about lighting. Ail lighting is going to be
colonial lantern type lighting on 12 foot stanchions and the
signs will be lit by floodlights, not internal lighting. So
these were some of the concerns that the environmental
consultants presented to us and I presented to the applicant and
received, what I think, was satisfactory input.
Mr. Ward: Bob mentioned a little bit about the architecture and
the architect is here,I don't know Mr. Cuddy if you want him to
address any of these issues while he's here.
Donald Denis: My office is in Aquebogue. I don't know if you're
familiar with my office, but it's in character with the community
of Aquebogue. And I'm also conscious of what the people in the
community are talking about. We've done everything possible
within the confines of the site to make the building appropriate
for the area. It's a very small building, I think some of you
people may live in a house that's bigger than the building. It's
3,000 square feet. It's not a large structure, it's one story.
It has a pitched roof, it has the doghouses in the front, which
are colonial. It has double hung windows which was insisted upon
by the Board here, with transoms, they're all divided into
millions. There is no drive-in facility. It's a three acre site
and a 3,000 square foot building.
I think what you're comparing in character is places like Syosset
and Huntington which are building fast food places on 100 foot
wide lots. This lot is three acres. This is a large piece of
property and it's set back, as Mr. Cuddy said, 140 feet from the
road. I don't think that you can find a fast food restaurant
anywhere that's set back this distan~ from the highway. I know
there's none on Long Island that f know of. It's set back an
almost inordinate distance from the road. It's set back to a
point where I think it puts the applicant at a disadvantage of
trying to have a commercial installation there that will be
noticed by the people going by. (CHANGE TAPE). The signage has
been reduced to the minimum size. It is not, as Mr. Cuddy said,
the typical plastic Burger King fast'food sign. It's an
attractive wood carved sign which will be lit from the ground by
floodlights, not be neon.
Southold Town Planning Board 28 November 15, 1993
So, I think we've done architecturally, everything that's
possible. I think to categorize the restaurant as fast food, and
say that that necessarily makes it bad is not fair to the
applicant. I think we all have occasions when we want to stop to
have something to eat and we stop in a place and we don't spend
much time. I think the fast food is in the preparat%on, not in
the time of eating. If you want to go into Burger King and sit
there and have your dinner or have your lunch, and spend a half
hour, I don't think it's any different than going into any other
restaurant in the community. You can also point out the fact
that dells, none of their food that I know of is eaten on the
premises, it's all taken off the premises. So I don't really see
how this is going to change the character of your community. I'd
be glad to try to answer any questions that you may have that
address itself to the architecture, but we have made a concerted
effort to try to mitigate the restaurant. It really is just a
restaurant and to call if fast food I think is very unfair. Are
there any questions?
Ann Lowry: I'm speaking for both the North Fork Environmental
Council and the Task Force. I'd like to speak to what Mr. Cuddy
said about you people or a few people, because I think the number
of people involved in this are far greater than even the quite
full house that we have here tonight. There were enough people
so that we were promised, two years ago, that this issue would be
addressed by code changes. That was because there was a
recognition that a large number, a significant number of people
in the town did not want this kind of establishment here. We
come here with our frustration, unfortunately we bring it to you,
though you are not the ones that broke the promise. But we are
here with that frustration, nonetheless. I think it is a
question of what the town really wants. And to that point, the
Task Force survey did address that in one of its questions and we
will be tabulating that in another six weeks, I suppose. And I
should think that you would want to have as much in your hands
about what the people want, as you could have. Thank you.
Mike Commando: I just have a question to proceed my statements.
I want to ask you how long do you think it would take after you
approve the Burger King, before you would start getting petitions
from all these other fast food restaurants and what leg would you
have to stand on at that point, after the precedent has been set,
to deny them? Mr. Cuddy already used his illustration which was
that there is a Subway. So, because %here is a Subway here
already, you must allow us in her~. And then you allow them'in
there and McDonalds will come and say well you have a Burger King
and you have a Subway how can you deny us? This has already been
said, I understand. I'm a local business person. I represent no
organized group. I'm not affiliated with any group. Corporate
American is appealing to your sense of fairness, while small town
America appeals to your common sense. It doesn't take long for
entrepreneurs to seize hold of an opportunity. This is an
opportunity for a business, without a doubt. What your dealing
with is an intangible asset - the Burger King logo. What the
$outhold Town Planning Board 29 November 15, 1993
North Fork is dealing with is another intangible asset and that's
the serenity and the pristine nature of the environment. It's a
trade off that I'm not willing to make, and I hope you're not
either.
Mr. Ward: Is there anybody that hasn't addressed the Board that
would like to address the Board? If not, is there anyone else
that, before we make any of our decisions, would like to address
the Board?
Ronnie Wacker: From Cutchogue. I have just one question, and
maybe it's been addressed, but I'm not aware of it. Mr. Cudd¥
spoke about the Subway in Mattituck, in the mall there. That
seems to me to be an appropriate place for a fast food
restaurant, and I wonder why Burger King has not decided to
locate in such a situation or in another mall area in Cutchogue,
or wherever. Because I think people would be more accepting of
it, if it is within the hamlet district.
Mr. Cuddy: Can I answer that? Again, I think the problem is,
and I first of all want to say that the reason that I referred to
Subway is because it was so emphatically said that there was no
fast food restaurant. But, more importantly, to answer your
question, Burger King has had, through the owner, an opportunity
through zoning, to go into this locale. When property is zoned,
you can use if for a purpose. What you're saying is, don't use
it the way it is zoned; let's speculate on what might happen in
two months, or four months, or sometime when the Stewardship Task
Force gets through with what it's doing, then perhaps we'll have
a change, and perhaps we won't have a change. But let's just put
it off and let's not recognize zoning. Zoning is the right that
everyone of us has in this room to use property in a certain way.
The applicant has that right, now, to use the property. And I am
surprised at all the adults here, not the youngsters, but the
adults, who keep saying don't think about zoning. Zoning is what
the law is. I have to abide by it. You have to abide by it.
All of us have to abide by it. The property is legally zoned
this way. The reason they want to use the property is because
this is the place that they believe is appropriate for their
particular type of operation. They haven't found any other
place. They've been doing this, through the owner, for close to
two years. They have a right to do it. There's nothing we
should apologize for. There's nothin9 I should apologize for.
This is what zoning allows us to do. ~ This is what local
government allows us to do. Someday you may change that. But
when it's not changed, I would ask all of you to at least
recognize it for what it is, and that is the right to use your
own property. That should never be taken away.
Unidentified person: That doesn't answer the question.
Mr. Cuddy: Now, if you don't think I've answered the question,
tell me how you would like me to answer the question.
Southold Town Planning Board 30 November 15, 1993
Unidentified person: The question simply sir is why doesn't
Burger King go into a shopping mall like the other fast food
place?
Mr. Cuddy: Because it thinks this is an appropriate place and
that's what I just said, for it's operation, as opposed to that
type of locale. It believes it will economically do better in
that particular locale. It believes it can build a building that
will be attractive and will be useful to it. That's why it's
there. And it's allowed to do that. Believe it or not, it's
allowed.
Ronnie Wacker: Well, in one of the malls around, I think you
would have more traffic than what you would have on the Main Rd.
because you would have people who would be going in the mall for
other purposes and they decide, oh I'll stop and get a bite. So,
what my question was, was had Burger King thought about moving
into the mall because there's certainly enough empty stores in
the mall.
Mr. Cuddy: There's one other big problem with restaurants going
into any mall and that is that the Health Department requirements
are onerous. That's the reason that we have three acres of land.
Three acres of land is used to put in all the facilities that we
need to satisfy the Health Department. We can't do that if we go
to the shopping mall.
Ronnie Wacker: Well how would Subway be able to handle that?
They must have the same problems.
Mr. Cuddy: We may be able to get one...no, not necessarily,
because first of all their size is much smaller, number one, and
number two, you can, in some places get in with a smaller number
of pools and other things. You couldn't do that if you put two or
three of them in Mattituck shopping center. That just couldn't
happen, if that's what your idea is. It'll never happen.
Ronnie Wacker: Well, alright, that answer seems reasonable. But
it seems to me that if this were to be approved, or if it were to
receive a Negative Declaration, that the applicant would be
taking advantage of the problems in zoning that we have had in
this town in the last four or six years, I guess. We are aware
now, we did something about it a couple of years ago. We brought
in some people from England and part~ of the United States to
look over our situation to tell u~ what was wrong. And we found
out and the Town at that time, the administration, agreed that we
should follow these recommendations. Of course, in the interim
now nothing has been done. And we were all very hopeful at the
time. But here we are at the point where some people who have
been studying these problems and who are quite reasonable and
knowledgeable, have said that they are very concerned about the
US/UK recommendations, we have a task to do something that will
be constructive to the town. And I hate to see a recommendation
that would be brought down now, when we have, just in two months,
Southold Town Planning Board 31 November 15, 1993
a whole new administration that may change our future. So I hope
you'll keep that in mind. Thanks.
Linda Levy: I just wanted to reiterate for one minute, that the
point is not that we're saying that the zoning right now does not
allow fast food and that we don't want a fast food. The reason
that everyone is here and is so concerned, and the reason that
the Task Force has made this recommendation is because it is not
in keeping with the character of the town to have this fast food
restaurant in this particular location, and that is why we are
saying that the only way for an adequate understanding of what
the implications of this fast food restaurant might be would be
to give a Positive Declaration to this project, so that a full
environmental impact statement that will take into account all of
these issues, will be developed. I cannot refute the fact that
it is zoned for fast food right now. Maybe it won't be zoned
that way in the future, but even if it is, regardless of whether
they change the zoning or not, I would still believe that we
would need to have a Positive Declaration and a full
environmental impact statement before approving this type of
establishment in Southold.
Mr. Ward: Is there anyone else tonight? Anybody that hasn't
spoken, we really don't want to go back and forth over the same
issues.
Linda Fletcher: I would like to ask you all a question. It's
been my experience that as you drive through these alleys, that
Burger King has a really nice thing that they offer to families
that is often set up in the front of the restaurant. I think
it's called a playground and they put all these toys out there so
the kids can play in it. Now, they keep going on and on about
how far back from the road this particular restaurant is being
set; in fact the architect has mentioned that its almost a
detriment how far back from the road it's being set. I'm
wondering, what do they have planned next year for that big space
on the road, and can there be any conditions, like they've been
so willing to sign things like they're not going to keep any
garbage in this town, that they're not going to put signs up on
the streets of this town. How about no playground? I wonder
about that. I can site you court cases in other states where
they have gone in and demanded these things. Once they get there
they say, yeah, we'll do what you want, we're real happy to do
what you want, and a year later they'~e back in; they want the
drive through, they want this, they want that. And you talk
about law suits, that's when they start to get nasty. It's on
the record, it's documented and I'd just like to know can you say
something...I mean if you're accepting things about the garbage
and signage, what about the playground?
Mr. Ward: Well, if there was a playground, it would have to show
on a site plan.
Linda Fletcher: Right now?
Southold Town Planning Board 32 November 15, 1993
Mr. Ward: It hasn't shown. I can't say whether they're going to
amend an application ten years from now or five years from now,
and decide to do something else, which any applicant can do.
But, it's subject to this Board's approval.
Linda Fletcher: But then how can you...if you can demand no
signage or get from them right now, no signage on other pieces of
property, why can't you ask the same thing about the playground
right now and the drive through, I mean I know the drive through
is...
Mr. Ward: Well, basically right now, the drive through is a moot
issue because the Zoning Board has given them a special exception
for this restaurant, less a drive through.
Linda Fletcher: Right. I'm just asking, could you do that? Are
you empowered to ask for that kind of a condition - no playground
- or not?
Mr. Ward: It can be if they offer to give us a condition of that
sort it could be part of site plan approval.
Linda Fletcher: It seems to me that when you talk about
community character, that would really do it.
Mr. Ward: Anyone else?
Bruce Isaacs: I assume that because of the promise of no signs,
that you do not investigate, the worse case situation is that
they would violate the promise, and what would be the effect on
the north/south streets. Am I correct that you did not
investigate that?
Mr. Ward: That's correct.
Mark McDonald: We do not investigate the possibility of every
violation on any application. I can't promise you he won't turn
his site into an airport, illegally. We can't examine the
possibility of him violating things that are illegal in the town,
because there are so many, that we could never do it. Do you
know what I'm saying?
Bruce Isaacs: But isn't it easy for an applicant to come here
and agree to everything, knowing ful~ well that the penalty is so
slight that if go against their p~omise later on, why not promise
anything at this point. I mean big deal, what are you going to
do slap their hand later? But yet, as I keep saying, it will
ruin a side street if they direct the traffic down one of these
north/south streets. I'm concerned, because I live on that
street and I don't want to turn it into a through street. I
think you can probably understand my concern, if you lived on one
of those streets.
Southold Town Planning Board 33 November 15, 1993
Maryann Huntington: I live in Cutchogue. I'd like to know from
the Burger King representative whether a giant inflatable
hamburger is considered signage?
Mr. Ward: No.
Maryann Huntington: That means they can have a giant
inflatable...
Mr. Ward: No, that is not considered signage.
Mark McDonald: Under the current code, they can't even have a
flag that says Burger King on it.
Mr. Cuddy: Ail things you're talking about that we'd do, under
the Town code, We'd have to come back to you. I can't speculate
on everything that's going to happen in three or four years.
I've told you what I know. I don't expect they're going to do
any of these things. If it happens, they're going to have to be
back here asking for permission to do it. But we don't intend to
do those things.
Mr. Ward: Anyone else like to address the Board this evening?
If not, what's the pleasure of the Board?
Mark McDonald: I'd like to make a comment. There's a feeling
that the Board almost always has when there's a number of people
that show up, that simply out of consideration to them you should
delay the hearing and put it off one hearing to consider their
comments. And that's been traditional I think of many of the
Board's. I know that we have generally done that. However, in
all honesty, in this case, all I see is myself dragging you back
here to another meeting. Because although whatever sympathies I
may feel for the problems you talk about, general zoning in the
town, I don't see how that has any bearing on this particular
case. The applicant has met the conditions of SEQRA, as best as
I can make them out. I'm sure litigation might prove otherwise,
because I don't pretend to be a judge or a lawyer, but we've
given it a very hard look as far as the way it conforms to the
community. It looks like a house. It's set back farther than
any house in the town is set back. They've done almost
everything we've asked, through every hoop. In fact, they've
done more than the McDonalds application in front of them, which
we gave a Negative Declaration to as well. If we were to put
every application through its pac~s that this one's been through,
you could be sure that the applicants would never question about
the thoroughness of a SEQRA review in the Town of Southold. It's
been intense. I'm not much inclined to go and drag everyone back
to another meeting when I believe strongly...I already know how I
must vote on this. It has nothing to do with my personal
feelings. It's got to do with what applicants are entitled to
under the law in front of me. I don't control zoning in this
town. That's not my job as a member of the Planning Board. I
don't do any of that stuff. At site plans, my charge is very
Southold Town Planning Board 34 November 15, 1993
clear. Here's the list that the Town Board gives me to check
against. The applicant comes in, I check it against that list;
there's some personal decisions, in this case we exercised them,
about the look of the building, the extra set-back in it, the
landscaping, the run-off, a number of items that we used our
personal judgement on. But I really don't see what more we could
ask this applicant about the character of the town, other than
not going on this site. And that's not one of the alternatives
for me as a member of the Planning Board.
Now, every other Tuesday, six people meet in this room who can
help you. But they're not the five people who sit here. My job
is to process these applications. And at a certain point, if I
don't process them, I get sued. And when I get sued, you're
getting sued. Now, if there's cause for the lawsuit, bring it
on. But if there's no cause, all I'm doing is running up the tab
for the taxpayers, for nothing. And I don't see it in this case.
I really just cannot see it. We've been over it top to bottom.
There's nothing left. They're going to cart the garbage away,
anything we said, they'll do lt. They've been very cooperative.
My personal opinion is, I'd like to read the resolution and grant
a Negative Declaration, but I don't know if I have the support
for that, so if you want, I'll read the resolution and we'll see
if I get a second. Or, if you prefer, we can discuss it.
Mr. Ward: Let's read it in.
Mr. McDonald: I'd like to make a motion that
BE IT RESOLVED that the Southold Town Planning Board, acting
under the State Environmental Quality Review Act, establish
itself as lead agency and as lead agency makes a determination of
non-significance (CHANGE TAPE) and grants a conditional Negative
Declaration.
Mr. Ward: I'd just like to make a statement also, and concur
with what Mark has said and that we as a Board have labored over
this particular situation, even up to the present, a week ago,
asking for revised elevations on the buildings, and trying to
make this small building as compatible as possible with the
spirit and nature of the facility. We all, and personally, I
have some mixed feelings about fast food coming to Southold, but
as the spirit of the law allows, it does allow for it at the
present time. If we're going to disallow it in the future, we're
going to have to change our code,~and change where we're at with
it. I think Mr. Denis, as the architect on this project, has
done a fine job with what he's been presented and what's
presented to the town. Along with this, we have the conditions
of garbage and traffic. The conditions of this resolution will
include five or six comments from the State Highway Department,
which is going to require certain improvements in the road, which
is a coordinated review which they have done throughout the
Mattituck area, which are going to be improvements made to the
Southold Town Planning Board 35 November 15, 1993
whole road system. To that extent then, if there's anybody else
who would like to speak.
Mr. Orlowski: Well, I would just to support both Mr. Ward and
Mr. McDonald. I mean, I've been here a long time, and this was
originally a Friendlys that walked away, and then it was going to
be a McDonalds and they walked away and most of you people were
here. Unfortunately it was the wrong Board and it's the eleventh
hour. I mean, it was two years ago and at that time the Planning
Board, I think as a whole, we talked about what to do with fast
food restaurants. We realize that, that something should be
done. Except nobody listened to us, so we have to move on and do
the job that's in front of us with the rules that are in front of
us. But, I think that if all of you here sat in front of the
Town Board every week, that two years ago we probably wouldn't be
here today. Like Mark says, there's only so much we can do with
the rules that we have. I'll second it.
Mr. Ward: OK. Motion's been seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
OTHER
Mr. Ward: Lorraine S. Terry - Approved 4 lot subdivision on the
north side of Main Road. SCTM# 1000-18-5-18.3, 18.4, 18.5 &
18.6. What's the pleasure of the Board?
Mr. McDonald: I'll make a motion.
BE IT RESOLVED that the Southold Town Planning Board eliminate
the condition that was required as part of the final approval of
the minor subdivision for Lorraine S. Terry.
The condition that has been eliminated required that "No building
permits be issued until the fire well has been installed by the
developer and accepted by the Orient Fire District." The Orient
Fire District, in a letter dated October 25, 1993, recommended
that the fire well requirement be eliminated as the subdivision
is covered by an adequate water suppl~ for emergency purposes.
The Planning Board concurs with tSe recommendation of the fire
district.
Mr. Edwards: Second
Mr. Ward: Motion made and seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Ward.
Mr. Ward: Opposed? Motion carried
Southold Town Planning Board 36 November 15, 1993
Mr.
to adjourn?
Mr. Orlowski:
Mr. McDonald:
Mr. Ward:
Ayes: Mr.
Mr. Ward:
Ward: That concludes the meeting
So moved.
Second.
Motion made and seconded.
McDonald,
Opposed?
There being no further business
meeting adjourned at 9:15 P.M.
for this evening. Motion
Ail in favor?
Mr. Orlowski, Mr. Edwards, Mr. Ward.
Motion carried.
***********************************
to come before the Board the
Respectfully submitted,
Martha Jones, Secretary