HomeMy WebLinkAboutPB-07/07/2014 1
RErCE)VED
1 TOWN OF SOUTHOLD PLANNING BOARD tt'Cd
2 COUNTY OF SUFFOLK: STATE OF NEW YORK
-------------------------------------------
X AUG - 7 2014
3 TOWN OF SOUTHOLD �f{J
PLANNING BOARD Gam/ er.
4
5 ------------------------------------------- X
6
7 Southold Town Hall
Southold, New York
8
9 July 7, 2014
6:00 P.M.
10
11
12 Board Members Present:
13 DONALD J. WILCENSKI - Chairman
14 JAMES H. RICH III - Vice Chair
15 WILLIAM J. CREMERS - Member
16 MARTIN H. SIDOR - Member
17 PIERCE RAFFERTY - Member
18 HEATHER LANZA - Planning Director
19 BRIAN CUMMINGS - Planner
20 ALYXANDRA SABATINO - Planner
21 CAROL KALIN - Secretary
22
23 Jessica DiLallo
Court Reporter
24 P.O. Box 984
Holbrook, New York 11741
25 (631)-338-1409
July 7, 2014 Planning Board Meeting 2
1 MS . KALIN : Planning Board Meeting
2 July 7 , 2014 6 : 00 p .m.
3 CHAIRMAN WILCENSKI : Good evening,
4 Ladies and Gentlemen, and welcome to
5 Southold Town Planning Board Regular
6 Scheduled Meeting for July 7st . The first
7 order of business is to set , Monday,
8 August 4 , 2014 at 6 : 00 p . m. at the
9 Southold Town Hall , Main Road, as the
10 time and place for the next regular
11 scheduled meeting .
12 MEMBER CREMERS : So moved .
. 13 MEMBER RICH : Second.
14 CHAIRMAN WILCENSKI : Motion made and
15 seconded.
16 Any questions?
17 (No Response . )
18 CHAIRMAN WILCENSKI : All in favor?
19 MEMBER CREMERS : Aye .
20 MEMBER RAFFERTY : Aye .
21 MEMBER RICH : Aye .
22 MEMBER SIDOR: Aye .
23 CHAIRMAN WILCENSKI : Aye .
24 Motion carried .
25 ****** ******** ********************* *
July 7, 2014 Planning Board Meeting 3
• 1 SETTING OF HEARINGS .
2 CHAIRMAN WILCENSKI : Setting of
3 hearings . Our first hearing for tonight
4 is for Treasure Island Cove &
5 LLC/Domeluca, LLC . This proposed Lot Line
6 Modification transfers 1 . 38 acres from
7 SCTM#1000-23-1-2 . 3 to SCTM#1000-23-1-2 . 5
8 and transfers 0 . 85 acres from
9 SCTM#1000-23-1-2 . 4 to SCTM#1000-23-1-2 . 6 .
10 Lot 2 . 3 will decrease in size from 1 . 38
11 acres to 0 . 00 acres , Lot 2 . 5 will
12 increase from 0 . 88 acres to 2 . 26 acres ,
13 Lot 2 . 4 will decrease from 0 . 85 acres to
14 0 . 00 acres and Lot 2 . 6 will increase from
15 1 . 20 acres to 2 . 05 acres located in the
16 R-80 Zoning District . The properties are
17 located at 14909 New York State Route 25 ,
18 on the north side of New York State Rt .
19 25, East Marion .
20 MEMBER CREMERS : Mr . Chairman, I note
21 the following :
22 WHEREAS, this proposed Lot Line
23 Modification transfers 1 . 38 acres from
24 SCTM#1000-23-1-2 . 3 to SCTM#1000-23-1-2 . 5
• 25 and transfers 0 . 85 acres from
July 7, 2014 Planning Board Meeting 4
• 1 SCTM#1000-23-1-2 . 4 to SCTM#1000-23-1-2 . 6 .
2 Lot 2 . 3 will decrease in size from 1 . 38
3 acres to 0 . 00 acres , Lot 2 . 5 will
4 increase from 0 . 88 acres to 2 . 26 acres ,
5 Lot 2 . 4 will decrease from 0 . 85 acres to
6 0 . 00 acres and Lot 2 . 6 will increase from
7 1 . 20 acres to 2 . 05 acres located in the
8 R-80 Zoning District ; be it therefore ;
9 RESOLVED, that the Southold Town
10 Planning Board sets Monday,
11 August 4 , 2014 at 6 : 01 p . m. for a Public
12 Hearing upon the map entitled "Map of
• 13 Property Unification of DomeLuca
14 LLC/Treasure Island Cove LLC", prepared
15 by Kenneth M . Woychuk, PLLC, dated
16 December 19, 2013 and last revised April
17 20 , 2014 .
18 MEMBER RICH : Second .
19 CHAIRMAN WILCENSKI : Motion made by
20 Bill . Seconded by Jim.
21 Any questions?
22 (No Response . )
23 CHAIRMAN WILCENSKI : All in favor?
24 MEMBER CREMERS : Aye .
• 25 MEMBER RAFFERTY : Aye .
July 7, 2014 Planning Board Meeting 5
• 1 MEMBER RICH : Aye .
2 MEMBER SIDOR: Aye .
3 CHAIRMAN WILCENSKI : Aye .
4 Motion carried.
5 ** **** *** ****** ********************
6 CHAIRMAN WILCENSKI : Second hearing,
7 The Estate of Joyce Skwara . This
8 proposal is for a Standard Subdivision of
9 a 1 . 77 acre parcel where in 1989 the
10 Zoning Board of Appeals granted an Area
11 Variance to allow for this parcel to be
12 subdivided into two lots where Lot 1
• 13 equals 0 . 92 acres and Lot 2 equals 0 . 85
14 acres, located in the R-80 Zoning
15 District . The property is located at 3720
16 Wells Road, on the north side of Wells
17 Road, approximately 3 , 592 feet south of
18 the Main Road in Peconic .
19 SCTM#1000-86-1-14 .
20 MEMBER SIDOR: WHEREAS, this proposal
21 is for a Standard Subdivision of a 1 . 77
22 acre parcel where in 1989 the Zoning
23 Board of Appeals granted an Area Variance
24 to allow for this parcel to be subdivided
• 25 into two lots where Lot 1 equals 0 . 92
July 7, 2014 Planning Board Meeting 6
1 acres and Lot 2 equals 0 . 85 acres ,
2 located in the R-80 Zoning District ; be
3 it therefore ;
4 RESOLVED, that the Southold Town
5 Planning Board sets Monday, August 4 ,
6 2014 at 6 : 02 p . m. for a Preliminary
7 Public Hearing upon the map entitled "Map
8 of Proposed Land Division at Wells Road,
9 Peconic", prepared by Kenneth M . Woychuk,
10 PLLC, dated March 28 , 2014 and last
11 revised April 8 , 2014 .
12 MEMBER CREMERS : Second .
• 13 CHAIRMAN WILCENSKI : Motion made by
14 Martin . Seconded by Bill .
15 Any questions?
16 (No Response . )
17 CHAIRMAN WILCENSKI : All in favor?
18 MEMBER CREMERS : Aye .
19 MEMBER RAFFERTY : Aye .
20 MEMBER RICH : Aye .
21 MEMBER SIDOR: Aye .
22 CHAIRMAN WILCENSKI : Aye .
23 Motion carried .
24 Showalter Farms , LLC . This proposed
• 25 Site Plan is to construct Phase One of a
July 7, 2014 Planning Board Meeting 7
• 1 riding academy, and includes one 24 ' x
2 30 ' ( 720 square feet ) 3-stall barn, two
3 24 ' x 10 ' (240 square feet ) 2-stall
4 barns, an outdoor riding/training area
5 approximately 140 ' x 270 ' and eight ( 8 )
6 parking stalls on 24 . 2 acres in the A-C
7 Zoning District . The property is located
8 at 18625 Main Road, plus or minus1 , 190 '
9 west of Elijah ' s Lane, Mattituck .
10 SCTM#1000-108-4-1 . 4 .
11 MEMBER CREMERS : WHEREAS, on
12 June 20 , 2014 , the agent for the
• 13 applicant, Ray Nemschick, submitted an
14 application for Site Plan review; and;
15 WHEREAS, this proposed Site Plan is
16 to construct one ( 1 ) 24 ' x 30 ' 3-stall
17 portable barn, two (2 ) 24 ' x 10 ' 2-stall
18 portable barns , an outdoor sand training
19 area and eight ( 8 ) parking stalls on 24 . 2
20 acres in the A-C Zoning District,
21 Mattituck; be it therefore;
22 RESOLVED, that the Southold Town
23 Planning Board sets Monday, August 4 ,
24 2014 at 6 : 03 p .m. for a public hearing
• 25 regarding the Site Plan entitled
July 7, 2014 Planning Board Meeting 8
• 1 "Showalter Farm" , dated June 20 , 2014 ,
2 prepared by Nemschick Silverman
3 Architects P . C .
4 CHAIRMAN WILCENSKI : Motion made by
5 Bill . Seconded by Jim.
6 Any discussion?
7 (No Response . )
8 CHAIRMAN WILCENSKI : All in favor?
9 MEMBER CREMERS : Aye .
10 MEMBER RAFFERTY : Aye .
11 MEMBER RICH : Aye .
12 MEMBER SIDOR: Aye .
• 13 CHAIRMAN WILCENSKI : Aye .
14 Motion carried.
15 **************** ******* * *********** **
16 SUBDIVISIONS - CONDITIONAL
17 PRELIMINARY DETERMINATIONS .
18 CHAIRMAN WILCENSKI : Cutchogue
19 Business Center . This proposal is a
20 Standard Subdivision of a 6 . 10 acre
21 parcel into five lots where Lot 1 equals
22 1 . 29 acres , Lot 2 equals 0 . 92 acres , Lot
23 3 equals 1 . 47 acres , Lot 4 equals 0 . 92
24 acres, and Lot 5 equals 1 . 06 acres,
. 25 located in the LI Zoning District . The
July 7, 2014 Planning Board Meeting 9
• 1 properties are located at 12820 Oregon
2 Road, on the corner of Cox Lane & Oregon
3 Road, Cutchogue . SCTM#1000-83-3-4 . 6 .
4 MEMBER SIDOR: Let the record show
5 that I will recuse myself on this
6 particular matter .
7 CHAIRMAN WILCENSKI : Thank you,
8 Marty .
9 MEMBER RICH : Mr . Chairman, as of the
10 following, that the Southold Town
11 Planning Board has determined that this
12 proposed action is consistent with the
• 13 policies of the Town of Southold LWRP .
14 MEMBER CREMERS : Second.
15 CHAIRMAN WILCENSKI : Motion made by
16 Jim. Seconded by Bill .
17 Any discussion?
18 (No Response . )
19 CHAIRMAN WILCENSKI : All in favor?
20 MEMBER CREMERS : Aye .
21 MEMBER RAFFERTY : Aye .
22 MEMBER RICH : Aye .
23 CHAIRMAN WILCENSKI : Aye .
24 Motion carried .
• 25 MEMBER RICH : Further resolved, that
July 7, 2014 Planning Board Meeting 10
1 the Southold Town Planning Board hereby
• 2 declares Lead Agency status for the SEQRA
3 review of this unlisted action .
4 MEMBER CREMERS : Second.
5 CHAIRMAN WILCENSKI : Motion made by
6 Jim. Seconded by Bill .
7 Any discussion?
8 (No Response . )
9 CHAIRMAN WILCENSKI : All in favor?
10 MEMBER CREMERS : Aye .
11 MEMBER RAFFERTY : Aye .
12 MEMBER RICH : Aye .
• 13 CHAIRMAN WILCENSKI : Aye .
14 Motion carried.
15 MEMBER RICH : Be it further resolved,
16 that the Southold Town Planning Board,
17 pursuant to SEQRA, hereby makes a
18 determination of non-significance for the
19 proposed action and grants a Negative
20 Declaration .
21 MEMBER CREMERS : Second.
22 CHAIRMAN WILCENSKI : Motion made by
23 Jim. Seconded by Bill .
24 Any discussion?
. 25 (No Response . )
July 7, 2014 Planning Board Meeting 11
1 CHAIRMAN WILCENSKI : All in favor?
2 MEMBER CREMERS : Aye .
3 MEMBER RAFFERTY : Aye .
4 MEMBER RICH : Aye .
5 CHAIRMAN WILCENSKI : Aye .
6 Motion carried .
7 MEMBER RICH : Be it further resolved,
8 that the Southold Town Planning Board
9 hereby grants Conditional Preliminary
10 Plat Approval upon the map entitled
11 "Preliminary Plat for the Clustered
12 Standard Subdivision", dated February 8 ,
13 2002 and last revised March 17 , 2014 ,
14 prepared by Martin Donald Hand, Licensed
15 Land Surveyor, with ten conditions .
16 MEMBER CREMERS : Second .
17 CHAIRMAN WILCENSKI : Motion made by
18 Jim. Seconded by Bill .
19 Any discussion?
20 (No Response . )
21 CHAIRMAN WILCENSKI : All in favor?
22 MEMBER CREMERS : Aye .
23 MEMBER RAFFERTY : Aye .
24 MEMBER RICH : Aye .
• 25 CHAIRMAN WILCENSKI : Aye .
July 7, 2014 Planning Board Meeting 12
• 1 Motion carried .
2 (WHEREAS, this proposal is a Standard
3 Subdivision of a 6 . 10 acre parcel into
4 five lots where Lot 1 equals 1 . 29 acres ,
5 Lot 2 equals 0 . 92 acres , Lot 3 equals
6 1 . 47 acres , Lot 4 equals 0 . 92 acres, and
7 Lot 5 equals 1 . 06 acres , located in the
8 LI Zoning District ; and;
9 WHEREAS, on August 5 , 2013 , the
10 Southold Town Planning Board granted
11 Conditional Sketch Plan Approval upon the
12 map entitled "F & S, LLC Proposed
13 Clustered Subdivision" , dated
14 May 17 , 2013 and last revised
15 June 20 , 2013 , prepared by Martin F.
16 Sendlewski , Architect-Planner with two
17 conditions ; and;
18 WHEREAS, pursuant to Section 240-42
19 C, the Planning Board mandated cluster
20 development of this parcel in order to
21 preserve the scenic view shed off of
22 Oregon Road, a designated town scenic
23 roadway; and
24 WHEREAS , on October 15 , 2013 , the
• 25 agent submitted the Preliminary Plat
July 7, 2014 Planning Board Meeting 13
• 1 Application; and
2 WHEREAS, on November 4 , 2013, the
3 Planning Board reviewed the application
4 and found that all conditions of
5 Conditional Sketch Plan Approval have
6 been met, found the Preliminary Plat
7 Application complete and set the
8 Preliminary Public Hearing for
9 December 16, 2013 ; and
10 WHEREAS, on November 8 , 2013,
11 referrals were sent to the Suffolk County
12 Department of Health Services, Suffolk
13 County Planning Commission, LWRP
14 Coordinator and Cutchogue Fire
15 Department ; and
16 WHEREAS , on November 12 , 2013 , a
17 referral was sent to the Office of the
18 Town Engineer for review of the
19 Preliminary Road and Drainage Plans ; and
20 WHEREAS, on December 16, 2013 , the
21 Preliminary Plat Hearing was held and
22 closed; and
23 WHEREAS, on December 23 , 2013 , the
24 Suffolk County Planning Commission
• 25 responded to the referral request stating
July 7, 2014 Planning Board Meeting 14
40 1 that this is a decision of local
2 determination with a comment that "The
3 right-of-way should be 50 feet wide and
4 suitable for future dedication" ; and
5 WHEREAS, on January 8 , 2014 , the
6 Office of the Town Engineer reviewed the
7 Preliminary Plat and found that a
8 significant amount of re-grading was
9 proposed. The amount of re-grading would
10 be considered mining under the Town Code
11 and, as such, the Engineering Office
12 proposed to set up a meeting with the
• 13 applicant to discuss alternate grading
14 plans for the site; and
15 WHEREAS, on January 9, 2014 , the
16 Cutchogue Fire Department responded to
17 the referral request stating that there
18 is no problem with the proposed
19 subdivision; and
20 WHEREAS, on February 4 , 2014 , the
21 Engineering Office sent memorandum to the
22 Planning Board describing the meeting
23 held with the applicant to discuss
24 re-grading of the site . After review of
• 25 the plan, the applicant agreed to limit
July 7, 2014 Planning Board Meeting 15
• 1 the amount of grading to the subdivision
2 roads and that any further grading of the
3 site would be dealt with during the Site
4 Plan review of each individual future
5 site; and
6 WHEREAS, on February 7 , 2014 , the
7 Town of Southold Local Waterfront
8 Revitalization Program (LWRP) Coordinator
9 reviewed this application, and has
10 recommended the proposed project be found
11 consistent with the policies of the
12 Southold Town LWRP; and.
13 WHEREAS, on February 10 , 2014 , the
14 Planning Board reviewed the application
15 at their Work Session and requested
16 revisions to be made to the Preliminary
17 Road and Drainage Plan and the
18 Preliminary Plat . The Board also
19 requested the property to be staked to
20 review in the field the exact locations
21 of the Open Space Easement and proposed
22 placement of the lots ; and
23 WHEREAS, on March 28 , 2014 , the agent
24 submitted the revised Preliminary Road
25 and Drainage Plan and the revised
July 7, 2014 Planning Board Meeting 16
• 1 Preliminary Plat ; and
2 WHEREAS , on March 31 , 2014 , a
3 referral was sent to the Office of the
4 Town Engineer to review the revised
5 Preliminary Road and Drainage Plan; and
6 WHEREAS on April 2 , 2014 , the Office
7 of the Town Engineer reviewed the
8 Preliminary Road and Drainage Plan and
9 recommended to the Planning Board that
10 revisions be made; and
11 WHEREAS, the agent requested that the
12 application not be reviewed with the
• 13 Planning Board during April and May
14 because of scheduling conflicts with the
15 agent and applicant ; and
16 WHEREAS, on June 16, 2014 , the
17 Planning Board reviewed the application
18 and found that all requirements of the
19 Preliminary Plat have been met, with some
20 conditions necessary for the Final Plat
21 Application, pursuant to Section 240-17
22 Technical Requirements of the Southold
23 Town Code ; and
24 WHEREAS, the Planning Board performed
• 25 a coordinated review of this Unlisted
July 7, 2014 Planning Board Meeting 17
• 1 Action pursuant to 6 NYCRR Part 617 ,
2 Section 617 . 7 of the State Environmental
3 Quality Review Act ( SEQRA) ; be it
4 therefore
5 RESOLVED, that the Southold Town
6 Planning Board has determined that this
7 proposed action is consistent with the
8 policies of the Town of Southold LWRP;
9 and be it further;
10 RESOLVED, that the Southold Town
11 Planning Board hereby declares Lead
12 Agency status for the SEQRA review of
• 13 this unlisted action; and be it further;
14 RESOLVED, that the Southold Town
15 Planning Board, pursuant to SEQRA, hereby
16 makes a determination of non-significance
17 for the proposed action and grants a
18 Negative Declaration; and be it further ;
19 RESOLVED, that the Southold Town
20 Planning Board hereby grants Conditional
21 Preliminary Plat Approval upon the map
22 entitled "Preliminary Plat for the
23 Clustered Standard Subdivision", dated
24 February 8 , 2002 and last revised
• 25 March 17 , 2014 , prepared by Martin Donald
July 7, 2014 Planning Board Meeting 18
• 1 Hand, Licensed Land Surveyor, with ten
2 ( 10 ) conditions :
3 1 . Submission of all requirements
4 pursuant to Section 240-20 Final
5 Submission and Section 240-21 Technical
6 requirement of the Southold Town Code;
7 2 . Establish reasonable setbacks for
8 Lots 2-5 to accommodate light industrial
9 uses ; .
10 3 . The Final Road and Drainage Plan
11 must include the following :
12 A) All requirements of the Final Road
• 13 and Drainage Plan pursuant to Section
14 240-21 Technical Requirements ;
15 B) Label the Road and Drainage Plan
16 "The Final Road and Drainage Plan for the
17 Clustered Standard Subdivision of... . "
18 C) All proposed open space must be
19 labeled as "Open Space Conservation
20 Easement" ;
21 D) Remove the three proposed street
22 lights as shown on the south side of the
23 50 ' right-of-way; .
24 E) The five proposed leaching pools
• 25 located on the south side of proposed
July 7, 2014 Planning Board Meeting 19
• 1 Lots 3 & 4 must be re-located within the
2 proposed 50' right-of-way;
3 F) The two proposed leaching pools
4 for the temporary road must be located in
5 the proposed 40 ' right-of-way where the
6 60' contour re-grading line is shown on
7 the Preliminary Road and Drainage Plan;
8 G) Show that all temporary and future
9 road construction radiuses allow for
10 clear 90 degree turning lanes;
11 H) Reconfigure the Open Space
12 Conservation Easement on proposed Lot 2
13 by reducing the width on the western side
14 from 60 ' to 40' , and adding a 20' wide
15 area against Cox Lane to preserve the
16 existing trees as a buffer against the
17 road; and
18 I ) Show the proposed 10 Evergreen
19 Street Trees ( 6 Evergreen Trees to be
20 located on proposed Lot 3 and 4 Evergreen
21 Trees to be located on proposed Lot 4 ) on
22 the north side of the 50 ' right-of-way
23 ( S 59 degrees 53 feet 31 inches E) .
24 4 . The Final Plat must include the
• 25 following :
July 7, 2014 Planning Board Meeting 20
. 1 A) All requirements pursuant to
2 240-21 B Technical Requirements ; .
3 B) The Final Plat must be titled
4 "Final Plat for the Clustered Standard
5 Subdivision of..." ;
6 C) Reconfigure the Open Space
7 Conservation Easement on proposed Lot 2
8 by reducing the width on the western side
9 from 60' to 40' , and adding a 20' wide
10 area against Cox Lane to preserve the
11 existing trees as a buffer against the
12 road .
• 13 5 . Submission of a Letter of Water
14 Availability from the Suffolk County
15 Water Authority;
16 6 . Submission of a Draft Road and
17 Maintenance Agreement and Cross Access
18 Easements ;
19 7 . Submission of Draft Covenants and
20 Restrictions (a template will be provided
21 by the Planning Department ) with the
22 following clauses (please note that not
23 all clauses that will be required are
24 outlined below) :
• 25 A) The trees on the southeastern
July 7, 2014 Planning Board Meeting 21
• 1 property boundary must be preserved and
2 integrated in any future site planning as
3 buffers to the greatest extent
4 practicable .
5 B) Require the use of native,
6 drought-tolerant plants in landscaping; .
7 C) The required planting of Evergreen
8 Street Trees on Lots 3 & 4 are deferred
9 for this subdivision until Lot 3 and 4
10 applies for site plan approval and
11 further review by the Planning Board. At
12 the time of Site Plan approval, 10 street
• 13 trees ( 6 to be planted on proposed Lot 3
14 and 4 to be planted on proposed Lot 4 )
15 must be located on the north side of the
16 50' right-of-way to meet Southold Town
17 Code Section 161-44and shall be planted
18 and maintained into perpetuity" ; .
19 D) Prior to a Certificate of
20 Occupancy, the final road as approved by
21 the Planning Board shall be completed as
22 designed.
23 8 . Submission of a draft Open Space
24 Conservation Easement to be placed over
• 25 the open space/buffer area . A template
July 7, 2014 Planning Board Meeting 22
• 1 will be provided by the Planning
2 Department ; .
3 9 . Submission of a Draft Performance
4 Bond Estimate ;
5 10 . Calculation of the Administration
6 Fee pursuant to Section 240-37 of the
7 Southold Town Code ( 6% of the Bond
8 Estimate . ) )
g *********************** *****************
10 APPROVAL EXTENSIONS
11 CHAIRMAN WILCENSKI : Approval
12 extensions . The first one we have is for
• 13 William Baxter, Jr . This proposal is a
14 Standard Subdivision of a 2 . 38 acre
15 parcel into 4 lots where Lot 1 equals
16 0 . 62 acres , Lot 2 equals 0 . 63 acres , Lot
17 3 equals 0 . 62 acres and Lot 4 equals 0 . 52
18 acres, in the Hamlet Business Zoning
19 District . The property is located at 260
20 Griffing Street , on the northeast side of
21 Griffing Street , approximately 402 feet
22 west of the Main Road in Cutchogue .
23 SCTM#1000-102-5-9 . 4 .
24 MEMBER SIDOR: WHEREAS, this proposed
25 Standard Subdivision is to subdivide a
July 7, 2014 Planning Board Meeting 23
• 1 2 . 38 acre parcel into 4 lots where Lot 1
2 equals0 . 62 acres , Lot 2 equals 0 . 63
3 acres , Lot 3 equals 0 . 62 acres and Lot 4
4 equals 0 . 52 acres . The parcel is located
5 in the Hamlet Business Zoning District ;
6 and
7 WHEREAS, the Southold Town Planning
8 Board granted an Extension of Sketch Plan
9 Approval through December 4 , 2013 upon
10 the map prepared by Nathan Taft Corwin,
11 III , Land Surveyor, entitled "Yield Map
12 prepared for William J. Baxter, Jr .
• 13 Situated at Cutchogue", dated September
14 15 , 1998 and last revised May 17 , 2011 ;
15 and
16 WHEREAS, on December 4 , 2013, Sketch
17 Plan Approval expired; and
18 WHEREAS, on February 27 , 2014 , the
19 agent requested a six month extension so
20 that the Board' s requirements requested
21 in the letter dated February 19, 2014
22 could be satisfied; and
23 WHEREAS, the Southold Town Planning
24 Board granted an Extension of Sketch Plan
25 Approval through June 4 , 2014 upon the
July 7, 2014 Planning Board Meeting 24
• 1 map prepared by Nathan Taft Corwin, III ,
2 Land Surveyor, entitled "Yield Map
3 prepared for William J. Baxter, Jr .
4 Situated at Cutchogue" , dated September
5 15 , 1998 , last revised May 17 , 2011 ; and
6 WHEREAS, on May 27 , 2014 , the agent
7 requested a six month extension so that
8 the Board' s requirements can be satisfied
9 and Health Department Approval can be
10 obtained; and
11 WHEREAS, on June 4 , 2014 , the
12 Extension of Sketch Plan Approval
13 expired; be it therefore
14 RESOLVED, that the Southold Town
15 Planning Board hereby grants an Extension
16 of Sketch Plan Approval through
17 December 7 , 2014 upon the map prepared by
18 Nathan Taft Corwin, III , Land Surveyor,
19 entitled "Yield Map prepared for William
20 J. Baxter, Jr . Situated at Cutchogue" ,
21 dated September 15 , 1998 , last revised
22 May 17 , 2011 .
23 MEMBER CREMERS : Second .
24 CHAIRMAN WILCENSKI : Motion made by
• 25 Marty . Seconded by Bill .
July 7, 2014 Planning Board Meeting 25
• 1 Any discussion?
2 (No Response . )
3 CHAIRMAN WILCENSKI : All in favor?
4 MEMBER CREMERS : Aye .
5 MEMBER RAFFERTY : Aye .
6 MEMBER RICH : Aye .
7 MEMBER SIDOR: Aye .
8 CHAIRMAN WILCENSKI : Aye .
9 Motion carried .
10 Koehler Family Limited Partnership .
11 This proposal is to subdivide a Standard
12 Subdivision into seven lots where Lot 1
• 13 equals 36, 317 square feet ; Lot 2 equals
14 41 , 746 square feet ; Lot 3 equals 64 , 148
15 square feet ; Lot 4 equals 31 , 000 square
16 feet ; Lot 5 equals 32 , 056 square feet ;
17 Lot 6 equals 32 , 881 square feet ; Lot 7
18 equals 32 , 945 square feet ; and where the
19 Open Space equals 379, 814 square feet
20 located in the R-80 Zoning District . The
21 property is located at 4180 New Suffolk
22 Avenue, on the corner of Marratooka Road
23 and New Suffolk Avenue, Mattituck .
24 SCTM#1000-115-10-1 .
• 25 MEMBER CREMERS : WHEREAS, this
July 7, 2014 Planning Board Meeting 26
• 1 proposal is to subdivide a Standard
2 Subdivision into seven lots where Lot 1
3 equals 36, 317 square feet ; Lot 2 equals
4 41 , 746 square feet ; Lot 3 equals 64 , 148
5 square feet; Lot 4 equals 31 , 000 square
6 feet ; Lot 5 equals 32 , 056 square feet ;
7 Lot 6 equals 32 , 881 square feet ; Lot 7
8 equals 32 , 945 square feet ; and where the
9 Open Space equals 379 , 814 square feet
10 located in the R-80 Zoning District ; and
11 WHEREAS, on July 1 , 2013 , the
12 Southold Town Planning Board granted
• 13 Conditional Sketch Plan Approval upon the
14 map entitled "Cluster Plan Prepared for
15 Koehler Family Limited Partnership",
16 dated February 15, 2012 & last revised
17 November 16, 2012 , prepared by Nathan
18 Taft Corwin, III , Land Surveyor with
19 conditions ; and
20 WHEREAS, on January 1 , 2014 , Sketch
21 Plan Approval expired; and
22 WHEREAS, on May 27 , 2014 , the
23 applicant submitted a request for an
24 extension; be it therefore
• 25 RESOLVED, that the Southold Town
July 7, 2014 Planning Board Meeting 27
• 1 Planning Board hereby grants an Extension
2 of Conditional Sketch Plan Approval
3 through December 7 , 2014 upon the map
4 entitled ""Cluster Plan Prepared for
5 Koehler Family Limited Partnership",
6 dated February 15, 2012 & last revised
7 November 16, 2012prepared by Nathan Taft
8 Corwin, III , Land Surveyor
9 MEMBER SIDOR: Second .
10 CHAIRMAN WILCENSKI : Motion made by
11 Bill and Seconded by Martin .
12 Any discussion?
• 13 (No Response . )
14 CHAIRMAN WILCENSKI : All in favor?
15 MEMBER CREMERS : Aye .
16 MEMBER RAFFERTY : Aye .
17 CHAIRMAN WILCENSKI : Aye .
18 MEMBER RICH : Aye .
19 MEMBER SIDOR: Aye .
20 CHAIRMAN WILCENSKI : Aye .
21 Motion carried .
22 David Steele . This Site Plan is
23 proposing to construct an agricultural
24 storage building, 5 , 640 square feet in
• 25 size, for the storage of farm equipment ,
July 7, 2014 Planning Board Meeting 28
• 1 baling hay and straw and storing baled
2 hay and straw on 19 . 6 acres in the A-C
3 Zoning District . The property is located
4 at 107 Elijah ' s Lane, Mattituck .
5 SCTM#1000-108-2-7 .
6 MEMBER RICH : Mr . Chairman, I offer
7 the following : WHEREAS , this Site Plan is
8 a 5, 670 square feet agricultural storage
9 building measuring 54 ' x 14 ' x 105' for
10 the storage of farm equipment, baling hay
11 and straw and storing baled hay and straw
12 on 19 . 6 acres in the A-C Zoning District .
• 13 There are six existing farm buildings on
14 site measuring 8 ' x 12 ' , 24 ' x 301 , 30 ' x
15 35' , 26' x 18 ' , 30 ' x 61 ' and 70 ' x 44 ' ;
16 and .
17 WHEREAS , at a Work Session held on
18 February 16, 2010 , the Planning Board
19 accepted the application for review; and
20 WHEREAS, the Southold Town Planning
21 Board pursuant to State Environmental
22 Quality Review ( SEQR) ( 6 NYCRR, Part
23 617 . 5 ( c) ( 3 ) has determined that the
24 proposed action is a Type II Action as it
• 25 falls within the following description
July 7, 2014 Planning Board Meeting 29
• 1 for 6 NYCRR, Part 617 . 5 ( c) ( 3 )
2 "agricultural farm management practices ,
3 including construction, maintenance and
4 repair of farm buildings and structures ,
5 and land use changes consistent with
6 generally accepted principles of farming"
7 and therefore not subject to SEQRA
8 review; and
9 WHEREAS, the Southold Town Planning
10 Board, pursuant to Section 280-133 C of
11 the Southold Town Code, has the
12 discretion to waive any or all of the
• 13 requirements in Section 280-133 for those
14 applications involving uses strictly
15 related to agriculture as long as they
16 are not necessary to further the
17 objectives set forth in Town Code Section
18 280-129 to maintain public health,
19 safety, and welfare . The Planning Board
20 has found that this application is
21 eligible for a waiver of certain elements
22 of the Site Plan requirements because it
23 is an agricultural use and part of an
24 active farm operation and the parcel is
• 25 large in size relative to the proposed
July 7, 2014 Planning Board Meeting 30
1 and existing structures (the structure
2 will cover . 670 of the farm area) .
3 Therefore , the Planning Board will
4 require only the following site plan
5 application items : Section 280-133 A . ( 1 )
6 and ( 2 ) , B . ( 1 ) (a - f) , B . 3 (a) and B .
7 4 (a ) and ( i ) ; and
8 WHEREAS, the Southold Town Planning
9 Board has found that the public hearing
10 for this application may be waived for
11 the following reasons : This site is an
12 already active farm operation, the
13 location of the new building is such that
14 it will conform with other structures on
15 the property which are already actively
16 being used for agricultural purposes , the
17 adjacent parcels are active agricultural
18 operations and the proposed storage barn
19 will be 250 ' feet from the property line
20 to the east ; and
21 WHEREAS, the Southold Town Planning
22 Board, pursuant to Southold Town Code
23 Section 280-131 B ( 5 ) , has the discretion
24 to vary or waive the parking requirements
25 for Site Plan Applications where doing so
July 7, 2014 Planning Board Meeting 31
• 1 would not have a detrimental effect on
2 the public health, safety or general
3 welfare and will not have the effect of
4 nullifying the intent and provision of
5 the Site Plan Requirements chapter of the
6 Town Code . The Planning Board has found
7 that this application is eligible for a
8 waiver of parking requirements because
9 there is no need to provide for parking -
10 the barn is being used for the storage of
11 farm equipment , baling hay and straw and
12 storing baled hay and straw, where space
• 13 for the parking of farm vehicles is
14 ample, and there will be no public access
15 to the barn; and
16 WHEREAS, on March 22 , 2010 , the
17 Southold Town Planning Board granted
18 approval on the Site Plan entitled"David
19 Steele Agricultural Storage Building" ,
20 prepared by Roderick VanTuyl on
21 September 2 , 1996 and last revised on
22 February 8 , 2010 by the owner - David
23 Steele; and
24 WHEREAS, on March 22 , 2013 , the Site
• 25 Plan Approval expired; and
July 7, 2014 Planning Board Meeting 32
• 1 WHEREAS , on June 23, 2014 , the agent ,
2 William Kelly, submitted a letter
3 requesting an Extension of Site Plan
4 Approval simply because they forgot to
5 call for a final inspection; and
6 WHEREAS, at a Work Session held on
7 July 7 , 2014 , the Planning Board reviewed
8 the application and determined the
9 expired Site Plan is in compliance with
10 current rules and regulations ; be it
11 therefore
12 RESOLVED, that the Southold Town
• 13 Planning Board grants an Extension of
14 Site Plan Approval for eighteen months
15 from March 22 , 2013 to September 22 , 2014
16 on the Site Plan entitled "David Steele
17 Agricultural Storage Building", prepared
18 by Roderick VanTuyl on September 2 , 1996
19 and last revised on February 8 , 2010 by
20 the owner, David Steele .
21 MEMBER CREMERS : Second .
22 CHAIRMAN WILCENSKI : Motion made by
23 Jim. Seconded by Bill .
24 Any discussion?
• 25 (No Response . )
July 7, 2014 Planning Board Meeting 33
• 1 CHAIRMAN WILCENSKI : All in favor?
2 MEMBER CREMERS : Aye .
3 MEMBER RAFFERTY : Aye .
4 CHAIRMAN WILCENSKI : Aye .
5 MEMBER RICH : ' Aye .
6 MEMBER SIDOR: Aye .
7 CHAIRMAN WILCENSKI : Aye .
8 Motion carried.
g ******* *** ********* *** ***** ****** *
10 SITE PLAN DETERMINATIONS
11 CHAIRMAN WILCENSKI : William Goggins .
12 This proposed Site Plan is to convert an
• 13 existing 2 , 187 square feet single family
14 dwelling to include two one-bedroom
15 apartment units at 600 square feet each
16 and a 785 square feet office pursuant to
17 ZBA File #6677 . Eight parking stalls are
18 proposed at 13200 New York State Rt . 25 ,
19 plus or minus225 ' west of Wickham
20 Avenue, Mattituck, in the HB Zoning
21 District . SCTM#1000-114-11-9 . 1 .
22 MEMBER SIDOR : Be it RESOLVED, that
23 the Southold Town Planning Board has
24 determined that this proposed action is
• 25 consistent with the policies of the Town
July 7, 2014 Planning Board Meeting 34
• 1 of Southold Local Waterfront
2 Revitalization Program; and be it
3 further .
4 MEMBER CREMERS : Second .
5 CHAIRMAN WILCENSKI : Motion made by
6 Marty . Seconded by Bill .
7 Any discussion?
8 (No Response . )
9 CHAIRMAN WILCENSKI : All in favor?
10 MEMBER CREMERS : Aye .
11 MEMBER RAFFERTY : Aye .
12 CHAIRMAN WILCENSKI : Aye .
• 13 MEMBER RICH : Aye .
14 MEMBER SIDOR: Aye .
15 CHAIRMAN WILCENSKI : Aye .
16 Motion carried .
17 MEMBER SIDOR : Be it further
18 resolved, RESOLVED, that the Southold
19 Town Planning Board grants Approval to
20 the Site Plan entitled "Alterations to
21 13200 Main Road, Mattituck" , prepared by
22 James J. Deerkoski , P . E . , dated
23 January 30 , 2012 and authorizes the
24 Chairman to endorse the Site Plan .
• 25 MEMBER CREMERS : Second .
July 7, 2014 Planning Board Meeting 35
• 1 CHAIRMAN WILCENSKI : Motion made by
2 Marty. Seconded by Bill .
3 Any discussion?
4 (No Response . )
5 CHAIRMAN WILCENSKI : All in favor?
6 MEMBER CREMERS : Aye .
7 MEMBER RAFFERTY : Aye .
8 CHAIRMAN WILCENSKI : Aye .
9 MEMBER RICH : Aye .
10 MEMBER SIDOR : Aye .
11 CHAIRMAN WILCENSKI : Aye .
12 Motion carried.
• 13 (WHEREAS , this proposed Site Plan is
14 to convert an existing 2 , 187 square feet
15 single family dwelling to include two
16 one-bedroom apartment units at 600 square
17 feet each and a 785 square feet office
18 pursuant to ZBA File 46677 . Nine parking
19 stalls are proposed at 13200 New York
20 State Rt . 25 , Mattituck, in the HB Zoning
21 District ; and
22 WHEREAS, on January 18 , 2012 , an
23 application for Transfer of Sanitary Flow
24 Credits was filed by 13200 Main Road Corp
• 25 to the Southold Town Board seeking
July 7, 2014 Planning Board Meeting 36
• 1 transfer of 2 credits to the property
2 known as SCTM#1000-114-11-9 . 1 located on
3 New York State Route 25 in Mattituck, in
4 the Mattituck-Cutchogue School District ;
5 and
6 WHEREAS, on January 31, 2012 , William
7 Goggins , agent/contract vendee, submitted
8 an application for Site Plan review for
9 three ( 3 ) dwelling units at 850 square
10 feet , 850 square feet and 486 square
11 feet ; and
12 WHEREAS, at a Work Session held on
• 13 February 27 , 2012 , the Planning Board
14 reviewed the application and determined
15 it incomplete, requiring further
16 information and revisions to the Site
17 Plan; and
18 WHEREAS, on March 14 , 2012 , William
19 Goggins submitted materials and
20 information to the Planning Department
21 for review; and
22 WHEREAS, at a Work Session held on
23 March 30 , 2012 , the Planning Board
24 reviewed the application and determined
• 25 it incomplete, requiring further
July 7, 2014 Planning Board Meeting 37
• 1 information and revisions to the Site
2 Plan; and
3 WHEREAS, on April 10 , 2012 , William
4 Goggins submitted materials and
5 information to the Planning Department
6 for review; and
7 WHEREAS, on April 24 , 2012 , the
8 applicant requested that the Town Board
9 consider a minor amendment to the
10 application based upon the Suffolk County
11 Department of Health Services' (SCDHS )
12 determination that only 0 . 62 sanitary
• 13 flow credits could be utilized on this
14 parcel, which would yield one affordable
15 dwelling unit, one market value dwelling
16 unit and an office ; and
17 WHEREAS, at a Work Session held on
18 May 2 , 2012 , the Planning Board formally
19 accepted the application for review;
20 and
21 WHEREAS, on May 21 , 2012 , the
22 Planning Board, pursuant to Southold Town
23 Code Section 280-131 C . , distributed the
24 application to the required agencies for
. 25 their comments ; and
July 7, 2014 Planning Board Meeting 38
• 1 WHEREAS, the Planning Board performed
2 a coordinated review of this Unlisted
3 Action pursuant to 6 NYCRR Part 617 ,
4 Section 617 . 7 of the State Environmental
5 Quality Review Act (SEQRA) ; and
6 WHEREAS, on May 22 , 2012 , the
7 Southold Town Architectural Review
8 Committee reviewed the application and
9 approved it as submitted; and
10 WHEREAS, on May 30 , 2012 , the
11 Southold Town Fire Inspector reviewed and
12 determined that there was adequate fire
13 protection and emergency access for the
14 site; and
15 WHEREAS, on June 4 , 2012 , a public
16 hearing was held and subsequently closed;
17 and
18 WHEREAS, on June 19, 2012 , the
19 Suffolk County Planning Commission deemed
20 the Site Plan Application a matter for
21 local determination as there appears to
22 be no significant county-wide or
23 inter-community impact ( s ) ; and
24 WHEREAS, on June 20 , 2012 , the
• 25 Mattituck Fire District determined there
July 7, 2014 Planning Board Meeting 39
1 was adequate fire protection for the site
2 and recommended that all drives and entry
3 ways meet Southold Town Code Section
4 280-109c specifications ; and
5 WHEREAS, on July 13 , 2012 , the
6 Southold Town Engineer reviewed the
7 above-referenced application and required
8 additional information and revisions to
9 the Site Plan; and
10 WHEREAS, on July 23 , 2012 , the Town
11 of Southold LWRP Coordinator reviewed the
12 above-referenced project and determined
13 the proposed project to be consistent
14 with Southold Town LWRP policies ; and
15 WHEREAS, on July 25 , 2012 , the
16 Southold Town Engineer reviewed the
17 above-referenced application and
18 determined that the proposed drainage
19 meets the minimum requirements of Chapter
20 236 for Storm Water Management ; and
21 WHEREAS, on August 14 , 2012 , the
22 Planning Board pursuant to SEQRA, made a
23 determination of non-significance for the
24 proposed action and granted a Negative
25 Declaration; and
July 7, 2014 Planning Board Meeting 40
1 WHEREAS, on December 17 , 2012 , the
• 2 Suffolk County Department of Health
3 Services ( SCDHS ) denied the requested
4 variance for three ( 3 ) dwelling units at
5 850 square feet, 850 square feet and 486
6 square feet because it required a
7 variance to the Wastewater Code that was
8 greater than double the density for
9 septic flow for the subject site; and
10 WHEREAS, following the
11 December 17 , 2012 SCDHS' decision
12 described above, the applicant informed
• 13 the Planning Board that the proposal for
14 three ( 3 ) dwelling units at 850 square
15 feet 850 square feet and 486 square feet
16 would be abandoned and a revised Site
17 Plan proposal would be forthcoming;
18 and
19 WHEREAS, on March 26, 2013 , the Town
20 Board of the Town of Southold amended
21 Resolution to transfer 0 . 62 sanitary flow
22 credits from the Town' s TDR Bank to 13200
23 Main Road Corp . For its' proposed
24 development of a single affordable unit
25 in a multiple dwelling unit for the
July 7, 2014 Planning Board Meeting 41
1 proposed development at
• 2 SCTM#1000-114-11-9 . 1 and that the
3 applicant shall receive a Sanitary Flow
4 Credit Certificate, which shall not be
5 signed by the Supervisor and released by
6 the Town Clerk to the applicant until ( i )
7 the covenants and restrictions required
8 by Town Code Section 117-9 have been
9 filed and such filing has been approved
10 by the Town Attorney, ( ii ) the applicant
11 provides confirmation of the number of
12 sanitary flow credits required by SCDHS ,
• 13 ( iii ) the applicant provides the Town
14 Clerk with a SCDHS approval , and ( iv) the
15 applicant pays per credit sale price
16 established by the Town Board to the Town
17 Clerk; and
18 WHEREAS, on May 2 , 2013 , the Suffolk
19 County Department of Health Services
20 ( SCDHS) granted Approval Reference
21 #C10-12-0003 for a mixed use building for
22 double density at373 gallons per day with
23 0 . 62 sanitary flow credits transferred
24 from the Southold TDR Bank filed under
• 25 Liber D12726 Page 373 ; and
July 7, 2014 Planning Board Meeting 42
1 WHEREAS, on June 5, 2013 , the
• 2 applicant submitted a revised Notice of
3 Disapproval to the Planning Board for a
4 permit to convert a dwelling into two
5 apartments at 600 square feet each and a
6 785 square feet non-medical office ;
7 and
8 WHEREAS, on September 9 , 2013 , the
9 Southold Town Zoning Board of Appeals
10 ( ZBA) reviewed the request for an Area
11 Variance to convert the dwelling into two
12 apartments and office space with the
• 13 apartments comprising more than 40% of
14 the principal building . The ZBA
15 subsequently granted the Area Variance as
16 applied for as recorded in their File
17 #6677subject to the following one ( 1 )
18 condition :
19 1 . Obtain Site Plan Approval from the
20 Planning Board; and
21 WHEREAS, on June 2 , 2014 , the New
22 York State Department of Transportation
23 (NYSDOT) issued Highway Work Permit
24 #20141031873 to "construct and
• 25 permanently maintain a home business
July 7, 2014 Planning Board Meeting 43
1 driveway on the s/s/o New York State Rt .
• 2 25 between MMS 1534-1535 as per attached
3 plans and specifications . All work shall
4 be to current NYSDOT
5 standards/specifications and shall be to
6 the satisfaction of the resident
7 engineer" ; and
8 WHEREAS, on July 7 , 2014 , the
9 Southold Town Chief Building Inspector
10 reviewed and certified conversion of an
11 existing 2 , 187 square feet single family
12 dwelling to include two one-bedroom
• 13 apartment units at 600 square feet each
14 and an 785 square feet office as a
15 permitted use in the Hamlet Business (HB)
16 Zoning District pursuant to ZBA Decision
17 File #6677 ; and
18 WHEREAS, on July 7 , 2014 , the
19 Southold Town Planning Board determined
20 that all applicable requirements of the
21 Site Plan Regulations , Article XXIV,
22 Section 280 - Site Plan Approval of the.
23 Town of Southold, have been met ; be it
24 therefore
• 25 RESOLVED, that the Southold Town
July 7, 2014 Planning Board Meeting 44
1 Planning Board has determined that this
• 2 proposed action is consistent with the
3 policies of the Town of Southold Local
4 Waterfront Revitalization Program; and be
5 it further
6 RESOLVED, that the Southold Town
7 Planning Board grants Approval to the
8 Site Plan entitled "Alterations to 13200
9 Main Road, Mattituck", prepared by James
10 J. Deerkoski , P . E . , dated January 30 ,
11 2012 and authorizes the Chairman to
12 endorse the Site Plan .
• 13 Please also note the following
14 requirements in the Southold Town Code
15 relating to Site Plans :
16 1 . Any outdoor lighting shall be
17 shielded so the light source is not
18 visible from adjacent properties and
19 roadways . Lighting fixtures shall focus
20 and direct the light in such a manner as
21 to contain the light and glare within
22 property boundaries .
23 2 . All storm water run-off from
24 grading, driveways and gravel areas must
• 25 be contained on site .
July 7, 2014 Planning Board Meeting 45
1 3 . Proposed storm water run-off
• 2 containment systems must be inspected by
3 the Town Engineer at the time of
4 installation . Please call the Southold
5 Town Engineer prior to beginning this
6 work .
7 4 . Approved Site Plans are valid for
8 eighteen ( 18 ) months from the date of
9 approval, within which time all proposed
10 work must be completed, unless the
11 Planning Board grants an extension .
12 5 . Any changes from the Approved
13 Site Plan shall require Planning Board
14 approval .
15 6 . Prior to the issuance of a
16 Certificate of Occupancy, the Planning
17 Board must inspect the site to ensure it
18 is in conformity with the Approved Site
19 Plan, and issue a final site inspection
20 approval letter . Should the site be found
21 not in conformance with the Approved Site
22 Plan, no Certificate of Occupancy may be
23 issued unless the Planning Board approves
24 the changes to the plan . )
• 25 ******* *********** ** *****************
July 7, 2014 Planning Board Meeting 46
1 COVENANTS & RESTRICTIONS
• 2 CHAIRMAN WILCENSKI : We have one
3 other resolution for Covenants &
4 Restrictions .
5 North Fork Self Storage #2 Amended -
6 This Site Plan is for the construction of
7 a 24 , 505 square feet storage building,
8 including a 1 , 473 square feet office, and
9 a 1 , 473 square feet apartment for
10 security on a 47 , 166 square feet parcel
11 in the Light Industrial Zoning District
12 located at 115 Commerce Drive, on the
• 13 west side of Commerce Drive,
14 approximately 475 feet south from
15 Corporate Road, in Cutchogue .
16 SCTM#1000-96-1-1 . 2 .
17 MEMBER CREMERS : WHEREAS, this
18 approved Site Plan is for the
19 construction of a 24 , 505 square feet
20 storage building, including a 1 , 473
21 square feet office, and a 1 , 473 square
22 feet apartment for security on a 47 , 166
23 square feet parcel in the Light
24 Industrial Zoning District located on the
• 25 west side of Commerce Drive,
July 7, 2014 Planning Board Meeting 47
1 approximately 475 feet south from
• 2 Corporate Road, in Cutchogue; and
3 WHEREAS, on May 19, 2014, Martin
4 Kosmynka, owner, submitted a request to
5 the Planning Board for permission to
6 provide emergency access and a crash gate
7 in the southwest corner of the subject
8 site creating access from Depot Lane
9 through the 50' wide buffer established
10 in the Covenants and Restrictions for the
11 North Fork Industrial Park, established
12 January 25 , 2005 ; and
• 13 WHEREAS, at their Work Session on
14 May 19, 2014 , the Southold Town Planning
15 Board reviewed the filed subdivision map
16 showing the buffer' s planting
17 requirements , as well as the relevant
18 Covenants and Restrictions and determined
19 that the language in those Covenants
20 allowed for this emergency access to be
21 created if found necessary by the
22 Southold Town Fire Marshall and the
23 Cutchogue Fire District; and
24 WHEREAS, at their Work Session held
• 25 June 2 , 2014 , the Planning Board reviewed
July 7, 2014 Planning Board Meeting 48
1 comments submitted by Robert Fisher, Fire
• 2 Marshall/Cutchogue Fire District
3 Commissioner, who determined a 15' wide
4 access-way capable of supporting = 70 , 000
5 lbs . Through the 50' buffer is necessary
6 for this site not only for access to the
7 proposed building but also to serve as
8 emergency egress for emergency apparatus
9 within this parcel ; the stable base to be
10 covered with topsoil and planted in
11 grass; and
12 WHEREAS, on June 2 , 2014 , the
• 13 Planning Board accepted the
14 recommendation by the Fire
15 Marshall/Cutchogue Fire District so long
16 as no existing trees are removed, and the
17 15' wide access-way is replanted with
18 approved vegetation and trees at such
19 time as either SCTM#1000-96-1-1 . 3 or
20 96-1-1 . 1, adjacent parcels , are developed
21 with cross-access for emergency vehicles ;
22 be it therefore
23 RESOLVED, that the Southold Town
24 Planning Board hereby consents to revise
• 25 the existing Site Plan Approval to
July 7, 2014 Planning Board Meeting 49
1 provide for an emergency access to Depot
• 2 Lane with the following conditions :
3 1 . No existing trees may be removed
4 in the creation of this access ;
5 2 . The emergency access shall be no
6 more than 15' wide;
7 3 . The base of the emergency access
8 shall be capable of supporting = 70 , 000
9 lbs . ;
10 4 . The emergency access is to be
11 covered in topsoil and planted with grass
12 immediately;
• 13 5 . A crash gate for emergency
14 vehicles is to be installed immediately,
15 and shall be locked/secured at all times .
16 This access shall be used only for
17 emergency purposes . Any other use of this
18 access will constitute a violation of the
19 conditions of site plan approval ; and
20 6 . The emergency access and crash
21 gate area shall be kept free and clear at
22 all times ; and
23 7 . The 15 ' wide access is to be
24 replanted with approved vegetation and
• 25 trees at such time as either
July 7, 2014 Planning Board Meeting 50
• 1 SCTM#1000-96-1-1 . 3 or 96 . -1-1 . 1 , adjacent
2 parcels , are developed with cross-access
3 for emergency vehicles .
4 MEMBER RICH : Second .
5 CHAIRMAN WILCENSKI : Motion made by
6 Bill . Seconded by Jim.
7 Any discussion?
8 (No Response . )
9 CHAIRMAN WILCENSKI : All in favor?
10 MEMBER CREMERS : Aye .
11 MEMBER RAFFERTY : Aye .
12 MEMBER RICH : Aye .
• 13 MEMBER SIDOR: Aye .
14 CHAIRMAN WILCENSKI : Aye .
15 Motion carried .
16 **** ***************** *******************
17 HEARINGS HELD OVER
18 CHAIRMAN WILCENSKI : That ends our
19 portion of the resolutions . And the next
20 order of business would be to continue
21 the hearings that were held over from
22 last month . The first one : The Blue Inn .
23 This proposed Amended Site Plan is to
24 expand a current plus or minus 1, 070
• 25 square feet restaurant use to include
July 7, 2014 Planning Board Meeting 51
1 being open to the public pursuant to ZBA
• 2 File SE6675 . Also on site are an
3 existing motel and inn on 1 . 37 acres in
4 the Resort Residential ( RR) Zoning
5 District . The property is located at
6 7850 New York State Route 25 , plus or
7 minus 250 ' west of Orchard Lane & New
8 York State Route 25 , East Marion .
9 SCTM#1000-31-6-17 . 2 .
10 At this time, I would like to make a
11 few comments . We left this hearing open
12 for the people who could not make last
13 month' s meeting . If you were trying
14 everything -- that was said at the last
15 Public Hearing is of record. It' s being
16 recorded. Your voices have been heard . So
17 we are trying to stay away from, because
18 we have a very busy schedule here . We
19 have a lot of Public Hearings and I know
20 everyone wants to be heard. Please don ' t
21 repeat yourself from last time, because
22 we have it on tape . Just to keep things
23 moving along, but please, if you would
24 like to speak, you will be heard. I am
• 25 not going to ask if Mr . Glass if he is
July 7, 2014 Planning Board Meeting 52
• 1 here or not to rebut at the end. I just
2 would like to take comments . And please
3 make all your comments and direct them to
4 this Board . No dialogue between the
5 attendees . Anybody from this side of the
6 room like to address the Blue Inn? Please
7 step to the microphone . Also as another
8 comment , at the last hearing we had
9 several problems of transcribing people' s
10 names . Please print your name clearly .
11 Thank you .
12 MS . MURRAY : Hi . I am Anne Murray. I
• 13 am from East Marion . I am the Vice
14 President of the East Marion Community
15 Association . I sent a letter for the
16 record to Carol , I am not going to read
17 the whole thing but I think to update our
18 comments from last month, I think I just
19 want to let you know that I am sure you
20 have realized that East Marion is a very
21 small hamlet that has experienced
22 explosive traffic roads this summer .
23 Particularly closer to the location of
24 the Blue Inn . Just this past weekend, we
• 25 had increase at the intersection of Rocky
July 7, 2014 Planning Board Meeting 53
1 Point Road and Main Road, Route 25 .
• 2 Hundreds of cars and some buses arrived
3 in East Marion and many were parked
4 illegally on Main Road and Rocky Point
5 Road, with visitors headed to Lavender by
6 the bay. I hate to say what would have
7 happened if we had an emergency because
8 no fire truck would have been able to get
9 through . In any case, I am sure that
10 there were other types of relief on duty
11 throughout the town in other places, but
12 I am sure it' s not legal to park on Main
. 13 Road in that manner and we have also
14 heard that people lived in the private
15 community, such as Gardner' s Bay Estates
16 had some of these people go into their
17 community go park in front of their homes
18 and all other places haphazardly. So I do
19 think you really need to keep this in
20 mind for the future because whatever is
21 happening in East Marion, I think it' s
22 only going to continue . Thank you very
23 much .
24 CHAIRMAN WILCENSKI : Thank you . We
• 25 will take that into the record. Anyone
July 7, 2014 Planning Board Meeting 54
• 1 else from this side of the room that
2 would like to speak to the Board in
3 regard to the Blue Inn?
4 MS . IMANDT : My name is Robin Imandt,
5 and I am the president of the East Marion
6 Community Association and I am speaking
7 as a neighbor that lives diagonally
8 across from the Blue Inn . This property
9 has been a problem for the 20 years that
10 I have lived there . Unfortunately when I
11 bought my house, it was February and the
12 place was all boarded up and I asked my
• 13 real estate person, "Do they make any
14 noise over there?" and they said, "Oh,
15 no . Not at all . " Well , that wasn ' t true
16 as we came to find out . The expansion of
17 the Blue is going to bring more cars ,
18 more traffic, outdoor music . I don' t care
19 how quiet they try to be, outdoor music
20 floats through the air, especially with
21 the wind . So I am totally against the
22 idea of outdoor music . So creating more
23 spaces for more people, creates the
24 demand to have live music . I don' t think
• 25 it' s appropriate for that area . It' s just
July 7, 2014 Planning Board Meeting 55
1 wrong for our community. This is
• 2 something that you just might find in
3 Greenport, where there is restaurants . We
4 don' t even have a Business District in
5 East Marion . Mr . Glass said that East
6 Marion community, at the last meeting, he
7 said that we should monitor whether we
8 are breaking any rules . Why should we
9 have to do that? The fact that he even
10 said that , he' s planning on breaking
11 some . Why should we have to get
12 aggravated and interrupt meals , guests
13 and call police and do all this? I don' t
• 14 think that it is right . I think that it ' s
15 the wrong place for it . And the lavender
16 farm, which I will -- I took some
17 pictures which I will give to Carol . Fire
18 hydrant sticking out into Cedar Lane,
19 making illegal u-turns on Rocky Point
20 Road, where cars are going one way and
21 the mail truck is going the other way. I
22 know that that place is not the Blue, but
23 it just goes to show that when you
24 publicize a place, you are going to get a
• 25 lot of people and a lot of traffic and
July 7, 2014 Planning Board Meeting 56
1 problems .
2 CHAIRMAN WILCENSKI : Thank you .
3 Anyone else like to address the Board on
4 the Blue Inn?
5 MS . PFANZ : My name is Barbara Pfanz ,
6 I also live in East Marion . I am
7 diagonally opposite the Blue Inn . I know
8 this issue is mostly about parking that
9 the Blue Inn wants to expand . As a
10 neighbor to the Board, to the Planning
11 Board, someone is going to get hurt .
12 People zoom out to the ferry . The way
13 people after a drink or two, turn out to
14 Main Road, someone is going to get hurt .
15 I am begging you to please patrol that
16 area . Yu know, it did happen . I don' t
17 want to be the one making the 911 call .
18 It' s bound to happen . Thank you .
19 CHAIRMAN WILCENSKI : Anyone else for
20 the Blue Inn?
21 MR . ZIZZO : Thank you . My name is
22 Joseph Zizzo . I am also live in East
23 Marion . Before I say anything, I want to
24 make clear that our opposition at the Inn
25 at the Blue and the restaurant has
July 7, 2014 Planning Board Meeting 57
1 nothing to do with Mr . Glass . It' s not a
i2 personal opposition to him. He has been
3 nothing but a gentleman so far . And I
4 totally respect his rights and needs to
5 make money at the site, but really it' s
6 not him. It' s the site . As Barbara
7 said, over the 2 years , this site has
8 been a problem. We have an opportunity
9 now to change that and understand what
10 the causes of the problems are . I have
11 had my house across the street for 13
12 years, the way that I see it, it' s just
13 the site . It already has a 30 room motel
• 14 on the site . You are adding a 50 seat
15 restaurant plus a barn . We already see
16 how popular East Marion is coming with
17 the lavender farm. The site has poor
18 access and egress to the road. It' s --
19 we already know the sort of patrons that
20 this sort of establishment attracts . You
21 know, you have a bar . The bar is a tiki
22 bar . You know, we all know tiki bars ,
23 frozen margaritas wahoo . You know, we all
24 like to go out and drink as much as
• 25 anyone else . This particular place where
July 7, 2014 Planning Board Meeting 58
• 1 he has it , it ' s just the wrong place for
2 that . When people are dining and drinking
3 outdoors , they tend to be louder than
4 they would be indoors . There is nothing
5 wrong with that . It ' s just human nature .
6 If you look at other establishments that
7 are close by that serve alcohol or
8 outdoor settings , they all have very
9 larges pieces of property that are open
10 for a lot of parking ' s , you can pass two
11 cars . One going in and one going out .
12 And they are away from the residents .
13 What happens at the Blue, after the
14 people have been at the bar for a little
15 while, they get in their cars and leave .
16 They have to go out and come up west of
17 Orchard Lane, which is the only
18 thoroughfare and is a very large
19 residential community . So all these cars
20 are going to be on top of one another .
21 There is going to be beeping horns and
22 loud noises . This is what has happened
23 over the last -- forever for this place .
24 For most of the time that we have owned
25 our home, this has been a problem. Near
July 7, 2014 Planning Board Meeting 59
1 misses . Like Barb said, it' s an accident
40 2 waiting to happen . You know, this is
3 becoming popular . I took film that I
4 submitted yesterday of what is gong on
5 outside Lavender by the Bay . I am not
6 sure if you all had a chance to look at
7 it . I have a copy on the laptop with me
8 if anyone is interested. But that -- the
9 line of cars down 25 . There are people
10 making three-point turns in the middle of
11 Route 25 . Now again, I am not against
12 business . I don' t begrudge Lavender by
13 the Bay . The opportunity to make back
14 their money. I know it' s a very short
15 season . My point is not to shutdown
16 lavender for the season . My point is that
17 an outdoor restaurant and bar with live
18 entertainment is going to attract people
19 in a place that is inappropriate . And the
20 Town, Mr . Glass and our residents ,
21 everyone is going to be paralysis to stop
22 it . This restaurant is not going to be
23 managed any differently then the rest of
24 them in the United States . There is not
• 25 going to be one separate one for the
July 7, 2014 Planning Board Meeting 60
• 1 Blue . They are going to say, wait at the
2 bar . People are going to park illegally
3 along the road. It' s in a place to
4 dangerously do so . There is no other
5 place in our area that operates all
6 night . So reverberates through the whole
7 neighborhood . People could hear the
8 music . So it' s not Mr . Glass . He' s not
9 a bad guy. I know the previous owner,
10 Bruce, he was not a bad guy. Just trying
11 to make a buck. It' s the site . You know,
12 the saying is , build it and they will
13 come . They will come in droves now . We
14 are getting people more than ever before .
15 It' s an unsafe situation . The hamlet of
16 East Marion will be irrevocably changed
17 should this restaurant be allowed to be
18 recessitated. You know, we have all seen
19 the movie, It' s a Wonderful Life . When
20 the needs of the community are not
21 balanced with the needs of the business ,
22 you get ( In Audible) where nobody cares
23 about anyone else and they just want to
24 make money. And my fear is that is what
25 is going to happen in East Marion if the
July 7, 2014 Planning Board Meeting 61
• 1 Blue is allowed to be reincarnated . Thank
2 you .
3 CHAIRMAN WILCENSKI : Thank you for
4 your comments . Anyone else?
5 MR. BRAMSON : My name is RuthAnn
6 Bramson . I live in East Marion .
7 Mr . Chairman, Members of the Board . My
8 family has had a home in East Marion for
9 almost 100 years . When I was a child,
10 there was a number of tourist homes along
11 Main Road. Some of you may remember, it
12 was quite a common thing in the 40 ' s and
• 13 50' s . All except the Blue are now gone .
14 The Blue has been sort of grandfathered .
15 It was a place that fishermen came to get
16 a beer after they came back from fishing .
17 And over the years , it has grown . And
18 there have been request for expansions
19 and now we have another one . And East
20 Marion is going to be irrevocably nagged
21 if we allow this restaurant , this
22 business, to continue to expand at the
23 expense of everyone else in the
24 community. There are people living on
• 25 both sides of this business and across
July 7, 2014 Planning Board Meeting 62
1 the street who go to work to live int
2 hose homes . All those restaurants on the
3 east end have adequate parking and are in
4 an entirely different setting . This is a
5 residential setting and he has been
6 grandfathered in . And we need to please
7 put our foot down . And we ask for your
8 support .
9 CHAIRMAN WILCENSKI : Thank you .
10 MR. KENT : My name is John Kent and I
11 live in East Marion . And I would like to
12 briefly talk about this community. It is
• 13 a small hamlet and just physically think
14 about it , there is only a small strip of
15 land . The main road that we have is Route
16 25 . Now the increase of traffic we are
17 facing a dangerous situation in care of
18 an emergency . If there is a situation for
19 fire department or ambulance, how on
20 earth they going to get through? What
21 they are doing in this situation, we are
22 exposing evacuation route . We are facing
23 a dangerous problem for instance how we
24 are going to get a fire truck through
• 25 East Marion when you have traffic?
July 7, 2014 Planning Board Meeting 63
• 1 Traffic when I saw the traffic of the
2 shop lavender . I am sorry I don' t
3 remember the names . I took pictures . I
4 didn' t move . It' s unthinkable . This will
5 increase traffic . This is a dangerous
6 situation and you have to think about
7 this . Thank you .
8 CHAIRMAN WILCENSKI : Thank you . Your
9 comments are in the record and will be
10 taken under consideration . Anybody else
11 in the audience that would like to speak
12 to Blue Inn? Seeing no one .
• 13 MEMBER CREMERS : I will make a motion
14 to close the Blue Inn .
15 MEMBER RICH : Second .
16 CHAIRMAN WILCENSKI : Motion made by
17 Bill . Seconded by Jim.
18 Any discussion?
19 (No Response . )
20 CHAIRMAN WILCENSKI : All in favor?
21 MEMBER CREMERS : Aye .
22 MEMBER RAFFERTY : Aye .
23 MEMBER RICH : Aye .
24 MEMBER SIDOR: Aye .
• 25 CHAIRMAN WILCENSKI : Aye .
July 7, 2014 Planning Board Meeting 64
• 1 Motion carried .
2 Thank you very much . We know that
3 it' s a very sensitive area and we will
4 take all your comments into
5 consideration . Thank you for coming out
6 tonight for Blue Inn .
7 * **** *********************************
8 NEW SUFFOLK WATERFRONT FUND, INC .
9 CHAIRMAN WILCENSKI : The next hearing
10 that was held over is New Suffolk
11 Waterfront Fund, Inc . This proposed Site
12 Plan is for the re-location, renovation
• 13 and addition of 47 square feet to the
14 historic Galley Ho restaurant building,
15 totaling 1 , 725 square feet , to include a
16 66 seat restaurant and 16 slip marina on
17 2 . 3 acres in the M-II Zoning District .
18 The property is located at 650 First
19 Street , on the corner of Main Street and
20 First Street , New Suffolk .
21 SCTM#1000-117-8-18 .
22 Again, I would like to remind
23 everyone this is a very sensitive
24 subject . Again, please direct all your
• 25 comments to the Planning Board . Do not
July 7, 2014 Planning Board Meeting 65
• 1 get into dialogue' s with anyone else and
2 please respect the persons that are
3 speaking at the podium, and yes,
4 Ms . McIntyre, you can start .
5 MS . MCINTYRE : Patricia McIntyre . I
6 am the Chair of the New Suffolk
7 Waterfront Fund . And I will speak a
8 little bit on the updates since the last
9 meeting and then, Robert Smith, who is
10 our Chair of the Site Planning will go
11 over a little bit on how we get into the
12 Town Comprehensive Plan and LWRP . And
• 13 then Linda will spend one minute speaking
14 bout the building . So we are here, as
15 you know, to ask for approval of the
16 renovate the Galley Ho . During the past
17 month, we have had -- we refined our
18 landscape plan . That was submitted to
19 the file, I believe on Thursday. We have
20 also had -- made a presentation to the
21 New Suffolk Civics Association Board of
22 Directors and to the annual meeting of
23 the New Suffolk Civics Association . We
24 have talked with several small groups in
• 25 town . Round table talks of discussions .
July 7, 2014 Planning Board Meeting 66
• 1 Get feedback from people . And we
2 submitted to the Planning Board, on
3 Thursday, I believe also, the list of all
4 of those meetings that we have had . We
5 have also, at the behest of people who
6 came to the meeting the last time, we
7 researched several alternative septic
8 systems . At the moment, none of them are
9 acceptable by Suffolk County Health
10 Department but we will keep on top of
11 that as we go through the planning and
12 the work of the Galley Ho . We are
• 13 hosting another community meeting this
14 Saturday on July 12th . We will be going
15 through our financial ' s with the
16 community as well as answering any
17 questions that we ran out of time to
18 answer at the last meeting . And we will
19 have an opportunity then to clarify some
20 issues . As you know, our plan began over
21 8 years ago . We have been working on this
22 for a long time . First we had to raise
23 the money for the property and then begin
24 the path restoring it . We have rebuilt
• 25 our marina and our bulkhead and it has
July 7, 2014 Planning Board Meeting 67
• 1 gotten a Special Exception about a year
2 ago from the Zoning Board to reinstate
3 the restaurant use at a smaller scale
4 then what it used to be before . It was
5 never our intent to demolish the Galley
6 Ho . We want to restore it . So for many
7 years we have been working on site plans
8 that have obviously gotten changed
9 because of the storms . The most recent
10 one was one protecting the Galley Ho from
11 storms with 8 foot panels for over a
12 year . We just took them down when we
• 13 submitted the plans in April . They were
14 a larger version . So we took down the
15 incorrect version . So we had -- this was
16 on the ball . I think this has been
17 submitted . It' s a dock site dining at the
18 Galley Ho . Our plans , we have 920 of the
19 property at open space, accessed by all
20 from land and water and bring back the
21 Galley Ho life . The goal that we have had
22 since we purchased the property . We have
23 had over 150 donors and over 150
24 volunteers . We have had many
. 25 opportunities to use the Galley Ho in
July 7, 2014 Planning Board Meeting 68
1 many diverse ways , paddle boarding
2 classes , yoga cases , art shows , art
3 classes , civic association dinners ,
4 waterfront meetings , fundraisers . If the
5 hurricane had not occurred, we would not
6 be at this point in the bd because we
7 would be restoring the Galley Ho where it
8 was . It is much more prudent at this time
9 to restore it 75 feet from the water and
10 meeting FEMA standards at 18 feet from
11 the water in this situation . So
12 everything will conform to the new FEMA
• 13 standards and new Health Department
14 standards with the septic systems .
15 Because of the storm, we also applied for
16 a small business loan to restore the
17 bulkhead, which was badly damaged, all
18 our docks and piers and the Galley Ho,
19 which I think you all saw that picture
20 which was in the centerfold of the
21 Suffolk Times , and we lost big chucks of
22 the Galley Ho . That small business
23 administration loan allows us to
24 reestablish these things now . We would
• 25 have had to do everything at a slower
July 7, 2014 Planning Board Meeting 69
• 1 pace without that influx of money. Our
2 current plan is modest . It is a historic
3 building . We are going to reuse in the
4 traditional matter and only adding 47
5 square feet to the footprint . Modest
6 considering that it ' s MII Zoning also . As
7 the Planning Board, we assure you the
8 interest in our compliance and any
9 developments developed by the Town . That
10 being LWRP and the draft comprehensive
11 plan . Barbara will address two chapters
12 there .
• 13 MS . SCHNITZLER: Barbara Schnitzler .
14 I am west of Harbor Road, New Suffolk. I
15 am speaking to two planning policies that
16 the Town has . The LWRP Policy I that
17 enhances community character, preserves
18 open space , makes efficient use of
19 infrastructure, makes beneficial use of
20 coastal erosion and minimizes adverse
21 effects of development . New Suffolk
22 Community character is enhanced by
23 preservation and restore of existing art
24 building, the Galley Ho . We are
• 25 preserving 92% of the property with open
July 7, 2014 Planning Board Meeting 70
• 1 space . We are providing access to the
2 water creating a defined scenic for the
3 community, for boaters , kayakers and
4 paddle boarders . We are minimizing the
5 development on the MII parcel, which
6 allows ferry terminals and fish
7 processing plans , as you know . We are
8 fixing what has been there since 1962 and
9 bringing it back to life . Policy 2 ,
10 protect and preserve the historic and
11 archeological resources of Southold.
12 Again, the Galley Ho is listed on the ( In
• 13 Audible) and we are also going to be
14 commemorating the site of the first
15 submarine base . We haven ' t designed it
16 yet , but we plan to do it . Policy 3 ,
17 enhance visual quality and protect scenic
18 resources throughout Southold.
19 Conservation easement fund for over two
20 acres of our original 3 . 4 acres for
21 preserved use and create open space . Down
22 Main Street and over 300 feet on the
23 south parcel and on our new large parcel .
24 By creating public access to the
• 25 waterfront property, scenic views of
July 7, 2014 Planning Board Meeting 71
• 1 Peconic Bay, our provided to all from the
2 Cafe, to the walkway that we just built
3 along the bulkhead . Some picnic tables
4 are all open in the surrounded space .
5 This is a picture form the 1960 ' s of what
6 the property looked like and this could
7 be part of our file . We also have a
8 picture of what our view is today and we
9 sort of mocked up what our building will
10 look like standing there . The Galley Ho
11 will sit considerably back about 160 feet
12 from the road . So I will submit these for
• 13 our file . Policy 4 , minimize the loss of
14 life, structures and natural resources
15 from flooding and erosion . We have
16 rebuilt both bulkhead two feet higher
17 with DEC, Army Corp of Engineers , the
18 approvals to protect our property and
19 protect downtown New Suffolk . So the
20 minimal development of the south parcel
21 and no new developments on that property,
22 which could be intensively developed. A
23 renovated Galley Ho will sit 75 feet from
24 the bulkhead and is FEMA compliant . A new
25 sanitary system will be raised. Just a
July 7, 2014 Planning Board Meeting 72
• 1 couple of things from the draft
2 comprehensive plan . Which I think will be
3 implemented in 2017 . Goal 2 , to promote
4 economic development and ensure some
5 adequate taxes without compromising the
6 unique character of the town . We would
7 retain taxes from the profit of
8 proportion . We have used private funds as
9 well as public funds to -- we have a
10 $400 , 000 . 00 grant from New York State
11 Department of Parks and Recreation and
12 Historic Parks . The Section 2-2A, create
• 13 a series of taxed zoning infrastructure
14 incentives to encourage following
15 businesses to locate in the Town' s
16 existing centers and use existing
17 buildings wherever possible . We are in
18 the hamlet center . The building is
19 existing . We are reusing it . Goal 3 ,
20 preserving and improving vitality of
21 town' s hamlet centers hand halo' s zone as
22 walkable local business district' s .
23 Section 3 . 1 , target new residential and
24 commercial developments and encourage
• 25 buildable development , historic
July 7, 2014 Planning Board Meeting 73
• 1 preservation, renovations and adaptive
2 rescue wherever possible . Section 3-2 ,
3 prepare a list of priority development
4 sites specifically within the Town' s
5 hamlet centers that qualify for expedited
6 permitting and zoning and incentives .
7 The Town should prepare a list of
8 available properties and encourage the
9 location of future businesses within
10 existing structures and/or vacant land
11 within the Town . This list should
12 include both vacant land and as well as
. 13 vacant buildings in each of the Town' s
14 hamlet centers and halo zones to
15 encourage adaptive reuse for historic
16 preservations and renovations . Evaluate
17 and update commercial zoning district
18 uses and locations in each hamlet to
19 ensure downtown' s remain vibrant . We
20 know the Galley Ho building and use are
21 consistent with community character since
22 the building has been on the site since
23 1962 . We hope to bring back the vibrancy .
24 Goal 5 , preserve, encourage and continue
• 25 support existing and future maritime uses
July 7, 2014 Planning Board Meeting 74
• 1 including, fishing, marine biology,
2 marina, recreational boating support uses
3 and related uses . And that' s Section 5-1 ,
4 5-3 , 5-5 . Preserve the scenic views along
5 the shoreline . To continue acquisition of
6 local waterfront property . To balance
7 uses of such waterfront property. To
8 include the preserve land as well as a
9 range if outdoor activities and public
10 recreation . The Town does not have to
11 acquire this waterfront parcel because we
12 already have . And we ( In Audible) proving
• 13 access to water related activities as
14 well as transient dockage slips . The
15 comprehensive community character Goal
16 1 . 3 , preserve important scenic resources .
17 Our property will be accessible to all .
18 So everyone can enjoy our panoramic view
19 of Peconic Bay. We also have preserved
20 300 linear feet of First Street with
21 easements , built a walkway along 295 feet
22 of brand new bulkhead . 92% of our
23 property will remain open and not built
24 upon . We have restored our marina .
• 25 Goal 1 . 6, plans for intensity and mix of
July 7, 2014 Planning Board Meeting 75
1 development in hamlet centers that
• 2 improve their viability, functioning and
3 aesthetics without changing the scale . We
4 know the scale of our project is
5 appropriate because we are rebuilding
6 what has been there . Objective 1, create
7 or enhance community gathering areas . We
8 believe our revitalized Galley Ho will
9 become a meeting destination to our
10 hamlet . Goal 2 . 2 , manage preserve the
11 historic and architectural resources in
12 the Town . 2 . 3 , provide certain compatible
. 13 uses and integration of historic
14 resources in future planning while
15 limiting and minimizing appropriate
16 alternatives . Goal 2 . 4 , protect and
17 enhance resources that are significant to
18 the cultures of the Southold Town . We
19 hope to use the walls of one our marine
20 acc uses . Linda will now speak briefly
21 about the Galley Ho .
22 CHAIRMAN WILCENSKI : Thank you .
23 MS . AURIEMMA: Hi . My name is Linda
24 Auriemma . And I live in New Suffolk and
• 25 I am the Vice-Chair of the New Suffolk
July 7, 2014 Planning Board Meeting 76
• 1 Waterfront Fund . And I would like to go
2 to the topic of he Galley Ho and it' s
3 historic significance . There have been a
4 lot of ongoing discussion as to whether
5 the Galley Ho is historic . I have a lot
6 of people without any background of
7 education have been giving opinions that
8 it' s not, in the hopes that if they say
9 it enough, it would be a fact . But the
10 experts disagree . And I would like to
11 read sections from the letter of the
12 society of preservation of Long Island.
• 13 1 , as several of the waterfront buildings
14 have disappeared in the twentieth century
15 in New Suffolk . New Suffolk Waterfront
16 Funds proposal to reuse the remaining
17 building on the 3 . 5 acre site while
18 preserving the remaining open space is an
19 exciting example of how the Town' s
20 developing comprehensive plan is already
21 being put to use . And again, arguments
22 have been made that the Galley Ho
23 building is not historic and it has lost
24 its contextual integrity because it was
• 25 moved in to its present location in 1963 .
July 7, 2014 Planning Board Meeting 77
1 To qualify for listing on the national
• 2 register, a property must be at least 50
3 years west of . When the building was
4 moved, it has been at its current place
5 long enough for national register
6 consideration . The contributing building
7 on this waterfront location . Further, ( In
8 Audible) has inspected the structure
9 determining that the large timber frame
10 and the cut ( In Audible) used in the
11 construction dates the building to the
12 mid-19th century . We are talking 1850 ,
13 before the Civil War . It' s definitely
14 west of . As oystering and submarine
15 buildings have disappeared, this is for
16 the waterfront development, and these
17 buildings contribute to that continued
18 narrative . And we hope to see these
19 buildings become designated landmarks as
20 this project continues . In the Town of
21 Southold as most other east-end towns ,
22 properties listed on this ( In Audible)
23 Long Island Antiquities is eligible . So
24 yes , we think the Galley Ho is very
• 25 historic . Thank you .
July 7, 2014 Planning Board Meeting 78
• 1 CHAIRMAN WILCENSKI : Thank you very
2 much . Anyone from this side of the room
3 like to address the Board?
4 MR. MEINKE : Hello . My name is Howard
5 Meinke . I have been a boater out here
6 since 1938 and I know a lot about what
7 this place used to be . I have been
8 boating on Peconic Bay since 1938 . I
9 remember the business side of New
10 Suffolk . The oyster boat fleet , party
11 fishing boats , the scallop boat fleets,
12 the discussion that was crowed with a
• 13 post office, the Galley Ho, a shipyard
14 with big buildings . Many bay users used
15 to stop in at the basin and get a hot dog
16 and a beer at the Ho . You could enter
17 into with your bathing suit , with a
18 minimal amount of chatter, snack and then
19 get on with your way. This was a nice
20 asset to those boaters on the bay . The
21 current efforts by the New Suffolk
22 Waterfront Fund are all going in the
23 right direction, open beach space and the
24 revivable of the Ho, is the way to go .
• 25 The elevation of the Ho and a septic
July 7, 2014 Planning Board Meeting 79
• 1 system of the Ho, from what has happened
2 with Hurricane Sandy, is smart and
3 necessary . For complaining residents ,
4 most of whom who have west of cesspool
5 systems , to complain about the Ho' s
6 system is ridiculous . Those citizens who
7 own very polluting septic systems are
8 doing just what the Ho is avoiding with
9 an elevated system of modern design . To
10 complain about the added boats in the
11 basin, is ludicrous , they bring in slip
12 rental dollars . No waste products are
• 13 here . As to traffic and parking, I see no
14 problem. The street is already jammed at
15 certain times of the day, with legends ,
16 patrons , cars . This will not add very
17 much . Thank you for your time . My name is
18 Howard Meinke, and I still live in the
19 area .
20 CHAIRMAN WILCENSKI : Thank you, sir .
21 Anybody else?
22 MR . ENDERMANN : Good evening . My name
23 is Fred Endermann . I live in Cutchogue
24 but I spend all my summers in New
• 25 Suffolk. I have property there on the
July 7, 2014 Planning Board Meeting 80
• 1 water . I seem to know the area very well ,
2 I think . I have enjoyed the Galley Ho for
3 many years . I am going to be very brief
4 here . I went back to Cutchogue this
5 morning, looked up at the -- I think it
6 was a ( In Audible) from the Suffolk
7 Times . I think there was some letters to
8 the editor . You have heard from Barbara
9 Schnitzler and you have heard before from
10 the last meeting . I am sure she is here
11 tonight . Another wonderful letter that
12 was written by a local who lived here for
. 13 70 years , Roberta Jackal . I mention this
14 because she is a very long memory of what
15 went on in New Suffolk and the wonderful
16 Galley Ho . So if you have a chance, I
17 wrote a letter to the Board at the last
18 meeting . I realized it was too late to
19 get up and talk . It' s getting late in the
20 evening . So I went home and wrote a
21 letter the next day . And I mention these
22 three letters . The Board has really been
23 working home . They have a lot of their
24 own money and a lot of their own time . No
• 25 one is trying to pull a fast one . No one
July 7, 2014 Planning Board Meeting 81
• 1 is trying to pull in a Donald Trump golf
2 course . They really want to improve the
3 place and they have done a great job so
4 far . It' s very hard to do with all the
5 regulations . So I just basically want to
6 support them. I have worked on the Board
7 a little bit . I don' t have that much
8 energy any more . They have done a great
9 job . I support them. As I said, the
10 Galley Ho, Legends , they have existed
11 fore many years and I think they should
12 continue to still exist . Thanks very
13 much .
14 CHAIRMAN WILCENSKI : Thank you very
15 much .
16 MR. GLEASON : My name is Tom Gleason
17 from New Suffolk . I have been asked to
18 talk about flooding . There has been a lot
19 of miss information being passed around
20 the -- with regard to flooding . And
21 although I took some courses in Stony
22 Brook regarding engineering and such
23 topics , I am not an expert in water
24 management, although I am getting there .
• 25 I have a property that faces east , just
July 7, 2014 Planning Board Meeting 82
1 like my priority being blasted by the
• 2 April 2007 southeasterly and then the
3 same with Sandy, I am becoming pretty
4 good looking at the dynamics and what' s
5 happening along New Suffolk shoreline and
6 what faces to the east and south-east . So
7 lets talk a little bit about flooding . A
8 lot of people have difficulty getting
9 their head around it because it' s an
10 issue modeling it in your head properly .
11 Bringing in a tray with a brick in it,
12 you tube videos at street levels is not
• 13 the science . That is not how flooding is
14 studied. So what I did was research some
15 people that I know who are experts at
16 this . One Lead Engineering, who I have
17 known all my life . He was the lead
18 engineer of Newark Airport and
19 responsible for all sea walls, drainage
20 systems in runways and he is also now at
21 JFK doing the same type of project to
22 make it , if you will , Sandy proof . It
23 turns out it went very well for him. So I
24 asked him about this conflict of
• 25 flooding . He said, put together a model
July 7, 2014 Planning Board Meeting 83
• 1 that reasonably mimics what the Peconic
2 Bays and how this parcel interacts with
3 those bays , with regard to flooding . So
4 first what I did was , I took Google Earth
5 and several thousand feet . So I could get
6 the whole entire Peconic Bays , Shelter
7 Island, all the way so I could get Indian
8 Head Golf course on the map . Zoomed up
9 high enough . Then I overladed my swimming
10 pool, 30, 000 . What' s tens of thousands
11 over millions of gallons , but
12 nonetheless , the model is pretty
• 13 effective . I determined that once I
14 scaled it, that the size of the parcel,
15 it turned out to be a tiny pebble . So I
16 took that tiny pebble and super-glued it
17 to the deck of my pool and flood the
18 pool . In other words, high tide scenario .
19 What happened? What would be the impact
20 of that scenario on all the surrounding
21 environment . And the answer is nothing .
22 And the reason is , it' s relevant . An
23 object in water in the volume of water
24 it' s being compared against or that it' s
25 influencing . So you take a Galley Ho or a
July 7, 2014 Planning Board Meeting 84
• 1 septic system -- not the whole parcel .
2 You are talking about a grain of sand in
3 a swimming pool . So the point here is,
4 if you do the science, for those of you
5 that are freaking out about an elevated
6 septic, flooding, it doesn ' t . That' s the
7 science . And if anyone --
8 CHAIRMAN WILCENSKI : Excuse me .
9 Direct your comments to the Board . Please
10 speak into the microphone .
11 MR . GLEASON : Okay . Sorry about that .
12 Now, as far as Sandy is concerned or the
• 13 April 2007 storm which did it, when you
14 now add the dimension of wave height and
15 that is as a result of this notch of
16 water between Suffolk and Nassau' s Point
17 and Robin' s Island, and if a storm winds
18 up over that slot, with wind coming from
19 the Hampton ' s -- and I 'm an expert at
20 this . I tied myself to the tree during
21 Sandy. I watched it . I had my clothes
22 almost ripped off me . So to watch the
23 storm. Watching waves bouncing off houses
24 in New Suffolk. It' s pretty frightening .
• 25 And the observation -- this is really an
July 7, 2014 Planning Board Meeting 85
• 1 important point . What did everyone in the
2 eastern point shore was not tides . That
3 was obviously a component but it was the
4 waves . The waves reaching sea walls that
5 ripped away Peconic Bay Boulevard or the
6 eastern side of Nassau Point -- the
7 eastern shore of New Suffolk that had
8 insufficient wall height , not that we
9 wanted higher but the Town Board and DEC
10 forced this low, we said that this was
11 going to happen . The waves reached it and
12 ripped apart the walls . That is now being
• 13 addressed thanks to Mr . Hopkins . At no
14 small expense . So what people have to
15 understand is that when you take a tide
16 with no wave and sitting like this above
17 how many feed, and then you add an
18 osculation to it that is as a result of
19 winds that are blown at very high rates
20 with gusts of winds . We measured it at 80
21 at my wind station . Now for any shoreline
22 on our shores . So those properties that
23 did not have that additional height , they
24 had extensive damage . You have had to
• 25 seen it . If anyone has not seen the east
July 7, 2014 Planning Board Meeting 86
• 1 side of Nassau Point after that storm,
2 it' s breathtaking on how much that was
3 blown apart . And how much Peconic Bay
4 Boulevard was blown apart and how much
5 New Suffolk was blown apart . So here is
6 the reality, because of the new reality
7 of Sandy, the Town and DEC allowed that
8 wall to a height that is appropriate for
9 the new wall . And God, I hope it' s much
10 higher, because we are all going to be
11 under water, otherwise . And if you look
12 at the stretch of the floodplain of New
• 13 Suffolk, include the Robins Island ferry
14 bulkheading and now the dune, and now you
15 include the New Suffolk seawall , which is
16 another several feet above, if I was
17 living on First Street , I would be
18 jumping for joy, because I know what it
19 means . I have witnessed it . I have
20 experienced it . That seawall is going to
21 keep this wave component out of the Town .
22 Will there be flooding, sure . At least if
23 you can mitigate the wave component from
24 coming into the town, the amount of
• 25 flooding would be significantly
July 7, 2014 Planning Board Meeting 87
• 1 mitigated. I was going to talk about
2 septics but Mr . Meineke did a good job .
3 The only thing that I will add to that,
4 the technology that is used, some people
5 say that is stuff that enters the
6 groundwater . Well, first what they did at
7 Robbins Island, I hope they do here too .
8 They are using an amazing thing . It' s a
9 water filter with an evaporator . A large
10 tree will pull 100 gallons a day out of
11 the ground. So if you frame these pools
12 with cedar for example, they ' re salt
• 13 resistant . They can take the beating . I
14 know for sure they can . They are
15 excellent water filters and evaporators .
16 So this is a very high tech septic system
17 that was modeled on Robbins Island. So I
18 hope that spells some of the
19 misinformation . My name is Tom Gleason .
20 You have my e-mail . You can reach me and
21 I will try and answer any questions for
22 you . Thank you .
23 CHAIRMAN WILCENSKI : Thank you . Just
24 to take a point and catch everybody up .
. 25 We have received probably up to 100
July 7, 2014 Planning Board Meeting 88
• 1 letters and emails and a lot of it having
2 to do with flooding . We have gotten our
3 own engineers . This Public Hearing is
4 just the first part of a long process to
5 get this approved. It has to be referred
6 out to several different agencies and
7 this is one of the issues that will be
8 addressed . Anybody else that would like
9 to speak? Yes .
10 MR. MCCLUSKEY : Hello . My name is Tom
11 McCluskey . I am a full time resident of
12 New Suffolk. In reviewing the transcripts
• 13 from some of the ZBA of New Suffolk
14 Waterfront from 18 months ago, and
15 comparing that to recent community
16 outreach by the New Suffolk Waterfront ,
17 there is apparent that there is a huge
18 deviation from what the ZBA was told and
19 why we are here today . For example, on
20 January 3 , 2013 , New Suffolk Waterfronts
21 legal representatives stated "we want to
22 keep the restaurant at modest usage, and
23 the code considers that a primary usage . "
24 So that is why we are here today. So as
• 25 far as at the ( In Audible) doesn' t wish
July 7, 2014 Planning Board Meeting 89
. 1 they could still get a burger at the
2 Galley Ho? And I hope that that would be
3 enough to get you to grant this project
4 all together . Assuming it ' s not, the use
5 has historically followed this property.
6 And the revision for this rest is really
7 all cafe . The word cafe doesn' t really
8 appear in the code . That is really the
9 scale that they are looking for . It' s
10 going to be a small operation that can
11 provide a community gathering place . A
12 simple meal . Somebody that has the
• 13 ability to come into the beach . Well ,
14 just visit and provide necessary income
15 for the Waterfront so they could sustain
16 the property. Further, during the
17 discussion, the following month, that
18 same legal representative, on
19 February 7 , 2013 stated that it was
20 essential in order to keep the property
21 sustained and viable economic use . The
22 rest seating is more productive then a
23 slip rental . Now in the January meeting,
24 Ms . Schnitzler here made the following
25 comments to the same Board. "We think
July 7, 2014 Planning Board Meeting 90
• 1 that could be a year round operation . Our
2 community would like a destination for
3 the winter . Even if it' s just breakfast
4 and lunch, which we think it might be . "
5 Further in her comments she had stated,
6 `people can walk on the beach . People can
7 bike from town . People can come from
8 their boats . There are picnic tables on
9 decks . It' s a great location . There are
10 very few places where you can eat on the
11 water . The reason I got into this project
12 is because I just want to sit at a picnic
13 table and eat a hot dog and look at the
14 water . Simple things are hard to come by
15 and that is simply what we ' re trying to
16 do . So that all sounds well and good, but
17 in more recent conversations when the
18 meeting was held, the community is
19 hearing different plans . Special events
20 such as weddings and alike . Events for
21 guests that the restaurant will have to
22 be shutdown so the kitchen could provide
23 catering . Events with so many guests that
24 there would be off site parking . And it
• 25 will be necessary to use buses to bring
July 7, 2014 Planning Board Meeting 91
• 1 those guests from the off site parking to
2 the facility . What the ZBA was told that
3 guests would be taken by the Hampton
4 Jitney to and fro on the scenic highways
5 in new Suffolk? Would the ZBA have
6 approved a 66 seat restaurant for the
7 Waterfront site if they knew this was
8 going to be usages the New Suffolk
9 Waterfront Board had in mind? I do not
10 see anything about weddings or off site
11 parking or buses in the minutes from 18
12 months ago between the ZBA and the New
. 13 Suffolk Waterfront Fund. I ask that the
14 Special Exception given to the New
15 Suffolk Waterfront and examined by the
16 ZBA ( In Audible) impact on the hamlet .
17 Thank you .
18 CHAIRMAN WILCENSKI : Thank you .
19 MR . GIVEN : I am Jim Given and I am a
20 resident of New Suffolk. I would like to
21 speak on behalf of restoring the Galley
22 Ho . I think the Board needs to look at
23 what this Waterfront Fund has done to add
24 at that site . And in looking back, I
25 think you would all have to agree that
July 7, 2014 Planning Board Meeting 92
• 1 it' s a lot better off today then where it
2 started . And I think the Galley Ho would
3 be an extension of that . I appreciate
4 your time .
5 CHAIRMAN WILCENSKI : Thank you .
6 MR . BLAIR: My name is Ronald Blair .
7 I live in Cutchogue . I think the ZBA
8 application, I would like to thank him
9 because he addressed what I was feeling
10 and didn' t know such facts existed. I
11 have great fondness of the Galley Ho . I
12 was there all the time back in the 70 ' s
• 13 and the 80 ' s . And when the New Suffolk
14 Waterfront Fund had the ability to
15 acquire the property, I was glad to
16 contribute because what more could we
17 want then to preserve a beautiful spot .
18 There is beaches . It' s a great community
19 spot . And I seem to recall some public
20 announcement or literature that they sent
21 out that referred to the restoration of
22 the Galley Ho as a snack bar . I envision
23 a snack bar as being burgers , hot dogs ,
24 something you take to the beach .
• 25 Something that was amenable to the
July 7, 2014 Planning Board Meeting 93
• 1 property. To read as I have read that the
2 application now is a place to have
3 weddings , bands , music, I didn' t think I
4 contributed to a preservation fund for a
5 commercial establishment that is going to
6 disturb the peace . And I believe if you
7 are any where near the waterfront in New
8 Suffolk, in Cutchogue and other
9 surrounding communities, you can hear
10 those bands because the sound travels
11 over the water loudly . You know, I was
12 here many, many years . There have been
• 13 occasional weddings and that' s great .
14 It' s great to have a place to do such
15 events but they are occasional . You can ' t
16 disturb the peace . Potentially to be
17 subject to it , I don' t know . Ten times a
18 year? You know, it' s a beautiful spot on
19 the water . People would love to have a
20 wedding there . You are going to have a
21 lot of business and that is exactly the
22 problem. So my concern is for the public
23 uses that such a site would present to
24 us . The technicality, the drainage and
• 25 all that such, I am sure these Boards
July 7, 2014 Planning Board Meeting 94
• 1 will address those issues . At the end of
2 the day, if the Board is actually faced
3 with approving something, that the New
4 Suffolk Waterfront Fund can get by all
5 these obstacles , at least limit what they
6 do to something as a snack bar and not
7 something that is a venue for weddings
8 and these parties . It will disturb
9 everybody in New Suffolk as well as the
10 surrounding communities . Thank you .
11 CHAIRMAN WILCENSKI : Thank you .
12 MS . BONDARCHUCK: Hi . I am Cheryl
• 13 Victoria Bondarchuck . I am reside at
14 1160 Second Street in New Suffolk .
15 Probably less than a thousand feet away
16 from the subject property. I couldn ' t
17 agree more with Mr . McCluskey and the
18 gentleman that just spoke about the
19 special events . I think restoring the
20 Galley Ho is great . Some of the areas on
21 the site need attention . I feel that barn
22 right smack in the middle of the property
23 is an eyesore . If they want more open
24 space, get rid of it . Same thing with
• 25 that red shed in the north easterly
July 7, 2014 Planning Board Meeting 95
• 1 corner . Walking by, that' s unsightly. If
2 that is where some of the large trees are
3 going to go and not enough parking . Get
4 rid of it . I think its just terrible . I
5 think there does need to be more parking
6 for any capacity, snack bar, caf6
7 whatever you have . I agree, yes , the
8 Galley Ho is a little historic but what
9 is more historic is the site itself as
10 the submarine . Not these structures . I
11 think that should be a larger focus . I
12 appreciate that the Board will due its
• 13 due diligence . We are all obviously
14 concerned about flooding . There was a
15 problem down at the corner on First, I
16 mean, my husband almost got in an
17 accident from ice there . Further down by
18 Captain Marty' s . There is always going to
19 be problems there . I would hope that this
20 mitigates it . I do feel that it' s scenic
21 when you walk down First Street .
22 Especially the northern part . The
23 southern part not so much a problem now .
24 One of my concerns is the use of the
. 25 stretch of road between the parcel , that
July 7, 2014 Planning Board Meeting 96
• 1 should remain open for public access . I
2 wondered if the Town would actually
3 consider widening First Street . At the
4 ery front of the property, the western
5 portion . Maybe they could just make it,
6 10 to 15 feet . I really appreciate all
7 the work that they have done . I think
8 improvement is good. So that is where I
9 think a lot of the concern is coming
10 from. The pollution in the bay with the
11 septic system, definitely, I appreciate
12 all the research and to alternative
• 13 septic systems . I would think a
14 completely closed one would be an ideal .
15 So that about covers it . Thank you .
16 CHAIRMAN WILCENSKI : Thank you very
17 much .
18 MR. STRONG : My name is Jeff Strong .
19 I am a North Fork resident . I lived in
20 Mattituck as well as President of
21 Strong' s Marine . I am here to speak on
22 behalf of the proposed project in New
23 Suffolk . My name thing being a boater, as
24 well as it being our business, newly
• 25 development pressures , most of these
July 7, 2014 Planning Board Meeting 97
• 1 types of sites have gone ( In Audible ) and
2 what I mean by that , as development
3 pressures increase, taxes increase and
4 the ability to provide a 66 seat
5 restaurant for transient boaters , can get
6 a light fare . They are almost nonexistent
7 on the North Fork. And that is what a lot
8 of us moved out here for . Whether you ' re
9 a boater or just like to be done and
10 enjoy the water, you want to not just sit
11 there and watch the birds -- although we
12 like to do that . Most people want to sit
13 and have a cup of coffee , soda or beer or
14 whatever, a light bite and this is a MII
15 Zone . As many people said, this should be
16 constructed much more intensively then
17 what is being proposed. So a 66 seat
18 restaurant along the public access that
19 they have designed, I am not familiar
20 with the wedding thing . That is something
21 that I would not want to see there
22 either . But in terms of things of what I
23 had seen, light fare, transient boaters ,
24 66 seat restaurant, our community on the
• 25 North Fork needs that and I would ask the
July 7, 2014 Planning Board Meeting 98
• 1 Board to move on that . Thank you .
2 CHAIRMAN WILCENSKI : Thank you .
3 MS . SCHWATKA: Good evening
4 everybody . My name is Diana Schwatka, and
5 I am one of the original founders of the
6 New Suffolk Waterfront Fund . And I just
7 -- I would like to say that it' s
8 discouraging for me to hear so many
9 people ( In Audible ) for a group of people
10 that have worked very hard against the
11 ( In Audible) that we have setup . Again . I
12 wrote most of those By-Laws myself .
• 13 Whether it was , 10 years ago when I
14 served as the Chairman for a few years .
15 Everyone on the New Suffolk Waterfront
16 Fund Board is -- most of them live in New
17 Suffolk . Nobody wants to a nuisance .
18 Nobody there wants to have constant
19 traffic or tons of music at night .
20 Everybody so far as been in thinking of
21 it . When we thought about buying it . It
22 was every five years that there was
23 another thing that we were worried about .
24 We knew that if we did not take action
• 25 and purchase this property ourselves,
July 7, 2014 Planning Board Meeting 99
1 eventually one of those things would
2 have . They would have to let these
3 property owners do something with their
4 property . So I think we all took it very
5 seriously and wanted to protect and
6 preserve this very special place and we
7 wanted to give access to the community.
8 We wanted a place for people to gather
9 because that is what everyone said that
10 they wanted. And I think, you know, 85%
11 said of what we were going to do . And it
12 took a lot of work and a lot of funds and
13 a lot of fundraising . So I think there is
14 a lot of worry here that should not be
15 here . The people that are running the New
16 Suffolk Waterfront Fund fund are people
17 from your own community and they don' t
18 want to see any of these things that
19 people are worried about either . And it' s
20 a very responsible group . And as you move
21 forward -- what we are really talking
22 about here is restoring the Galley Ho . I
23 am not on the Board now but the Board
24 will be interviewing very carefully the
25 people that will help them run this
July 7, 2014 Planning Board Meeting 100
• 1 establishment . So if they say that it can
2 only be open for lunch and dinner, it can
3 only be open for lunch and dinner or
4 breakfast and lunch . Or if there can be
5 music . There are more steps to go but I
6 think that we -- I strongly support that
7 we move forward at this point and we
8 restore the Galley Ho and we keep this
9 use as a possibility for the future in
10 however it works out to be . I don' t think
11 that we should have so much stress of the
12 people who are running this . So far there
• 13 has been absolutely nothing that they
14 have done that should concern anyone . All
15 they have done is put up a bulkhead and
16 restore the marina . So I would say that I
17 strongly support their efforts .
18 CHAIRMAN WILCENSKI : Thank you very
19 much . I just want to reiterate again,
20 speaking of steps, again, this is one
21 step to the whole process of getting this
22 site plan done, a Public Hearing . So bear
23 in mind, we are taking the information
24 but there are referrals that go out and
• 25 there is a lot more work to be done on
July 7, 2014 Planning Board Meeting 101
• 1 our part . Yes , sir .
2 MR. MAUL : My name is George Maul . I
3 live on First Street in New Suffolk. I
4 have some ( In Audible) I have a four page
5 environmental assessment form that I made
6 a copy of . And on the second page, No . 8 ,
7 it says , "Will the proposed action result
8 in substantial increase in traffic above
9 present levels?" and the person that
10 filled out this form, Pat McIntyre said,
11 No . I appreciate that people who work on
12 the New Suffolk Waterfront Fund have done
• 13 a great job in raising the property and
14 protecting it for the future, but when it
15 comes to trust, there are a lot of
16 reasons . They haven ' t been trusted by
17 ( In Audible) . A week ago last Wednesday
18 there was a special event in New Suffolk
19 where a large amount of cars are along
20 First Street and that' s contradictory to
21 what New Suffolk is trying to do . So that
22 is just one example . My biggest concern
23 is that this is an application for a 66
24 seat restaurant and I am sure we will
• 25 hear tonight and have heard already a lot
July 7, 2014 Planning Board Meeting 102
• 1 about how a snack bar would be great and
2 how everybody has fond memories from
3 there in the past and what it could be
4 there for the future for boating, for
5 everyone on the community, but this is an
6 application for a 66 seat restaurant with
7 a large septic system. If it were a
8 smaller snack bar it could have a smaller
9 septic system. So we -- what you are
10 dealing with is an application for a 66
11 seat restaurant . And that' s what the
12 application before you is . So that is why
• 13 I am confused . In community meetings , New
14 Suffolk Waterfront Fund had said that --
15 after this application has been approved,
16 then we would have round table
17 discussions about what will go on there .
18 Well , aren' t you supposed to decide what
19 you are building and what' s going on
20 there before you have the site plan and
21 then have the site plan and bring it to
22 you people, instead of wasting your time
23 with something that is convoluted in the
24 way it' s being done in . And I think it
• 25 would have made a lot more sense to do it
July 7, 2014 Planning Board Meeting 103
• 1 that way. So I -- what we are dealing
2 with is an application for a 66 seat
3 restaurant . So until that changes , I
4 don' t really understand what is going on .
5 I just want to add one more thing . I have
6 here with me a flier from the Peconic
7 Land Trust from 2008 that talks about
8 this project . And the 8 or 9
9 possibilities of what the site could be,
10 listed om here, open space, post office,
11 restaurant , coffee shop, newspaper stand,
12 park, historical museum -- I don' t see
• 13 anything in there about you know, special
14 events . Now I know non-profit
15 organizations have a little latitude in
16 the code when it comes to special events ,
17 but I also understand that when they do
18 have special events , they do have to
19 contain their parking on site and they
20 have to have proper facilities to handle
21 and manage the event . And on the back of
22 this flier, I want to note that one of
23 the goals of the New Suffolk Waterfront
24 Fund according to the Peconic Land Trust
• 25 is that the panoramic view of the
July 7, 2014 Planning Board Meeting 104
• 1 waterfront should be preserved. I just
2 don' t think that this is the case for
3 this particular plan for reasons of the
4 Health Department and everything else
5 that goes into the design, of the projet .
6 And just one final thing that I want to
7 say, this is a scenic bi-way on New
8 Suffolk Avenue . It' s not just a road.
9 It' s a road with a story to tell and I
10 think the story for New Suffolk should be
11 more than a restaurant and I think the
12 focus really needs to be on the submarine
• 13 memorial . Not on a rest called the Galley
14 Ho . Thank you very much .
15 CHAIRMAN WILCENSKI : Thank you .
16 MR. SIMON : Hi, Michael Simon . I
17 think I have a new perspective on this . I
18 have been involved in this -- on yours
19 was the tax bill , which focused on things
20 ( In Audible) consistent with this . And
21 the idea of the bi-way . That was one of
22 the competing plans that were ( In
23 Audible) that was back from 2002 , that
24 the main thing was -- so what the Board
• 25 did was to ( In Audible ) what the local
July 7, 2014 Planning Board Meeting 105
. 1 value was ( In Audible ) and I appreciate
2 some of those contributions . And I
3 noticed that from some of the people that
4 spoke the last time, they came up with
5 facts that were not the same as they were
6 before . I have -- I started thinking
7 about the 4th of July celebration in New
8 Suffolk . It happened to be the 5th of July
9 this year and it happens every year .
10 There were a lot of cars . It' s the 4th of
11 July celebration . The issues before, they
12 talked about the self-appointed Board of
13 Directors , self appointed members and ( In
14 Audible) that has to do with something
15 ( In Audible) . As you look at the code at
16 what it was , it was entire consistent .
17 The point was , here we are talking about
18 -- I think there ought to be limits with
19 what people can do with their properties .
20 And that would certainly apply to a
21 non-profit organization . Unlike the
22 individual resident, we find that very
23 strange things happen . What I hear, in
24 many cases , people are somehow not
25 manifesting the facts . That it would be
July 7, 2014 Planning Board Meeting 106
• 1 impossible . That a 66 seat restaurant
2 would be a disaster . It happened to be a
3 smaller restaurant then what the Galley
4 Ho had. You wonder about where these
5 arguments come from. As far as the Zoning
6 Board of Appeals goes ( In Audible) it was
7 a smaller restaurant . So you wonder about
8 the depth of the restaurant --
9 CHAIRMAN WILCENSKI : I am sorry to
10 cut you off but could you just wrap it
11 up .
12 MR. SIMON : Sure . What I think is , the
• 13 issue is the existing value ( In Audible)
14 and we don' t get to decide the law . I
15 guess there is a whole lot of reasons .
16 The real complaint is tis waterfront fund
17 should not have started in the first
18 place . Some people in example, need to
19 get complete open space . Other people
20 want other things . Most people want a
21 number of things . Some people wanted it
22 to be torn down . Or they wanted to make
23 it like the good west of days when it
24 didn' t exist . So it' s very hard to make a
• 25 picture out of the ( In Audible ) . I mean,
July 7, 2014 Planning Board Meeting 107
• 1 how many of these special events can you
2 have? They have to be applied for
3 individually . So I think it' s hard for
4 people to keep their eye on the ball . And
5 I think that is what I am calling for .
6 CHAIRMAN WILCENSKI : Okay. Thank you
7 very much .
8 MS . CHAUSSABEL : Michelle Chaussabel
9 from Orchard Street in New Suffolk. I
10 just had a question . At the end of the
11 meeting last month, you asked us to go
12 back as a community and reconsider and
• 13 come to some consensus . I am asking if
14 the waterfront community has made any
15 changes to its site plans during this
16 time or is still status quo?
17 CHAIRMAN WILCENSKI : No we have not
18 received any new information from the
19 applicant . Okay. Anybody else? Try to
20 wrap this up in a few minutes . Not to be
21 pushy but -- yes .
22 MS . SOLO : Hi . My name is Barbara
23 Solo, Fourth Street, New Suffolk.
24 Lifelong resident . I grew up here . I saw
• 25 that ( In Audible ) took away all of that
July 7, 2014 Planning Board Meeting 108
• 1 stopped, is what we were left with is
2 open space, a nice leisurely way of life .
3 To just expand on the development of
4 this . This is not a small deal here . We
5 live here . We like our quiet . This
6 weekend was unbearable . This is one of
7 the beaches like Coney Island. They park
8 all over the place . I can ' t speak for
9 everyone, but I don' t want this kind of
10 nuisance . This is a quiet community. It
11 has been peace and quiet . Everybody wants
12 to live in New Suffolk because it' s a
• 13 peace and quiet . And then you have these
14 other sections in the town that wants to
15 bring in the restaurants and the noise . I
16 certainly don' t want to see it . I hope
17 you guys think about us locals and our
18 peace and quiet . Just a nice and peaceful
19 life of New Suffolk. I don' t want to hear
20 about this ( In Audible ) crap . I was
21 speaking from the heart . That loves the
22 climate of quite and our kids can run
23 around in bikes and play without crazy
24 people being brought here . I love this
• 25 peace of mind and don' t want to see it
July 7, 2014 Planning Board Meeting 109
• 1 change . I understand that we have to get
2 together and the Waterfront Fund swallow
3 it' s ego a little bit . Then maybe we can
4 all agree upon something . I am really,
5 really angry . You know, ( In Audible) all
6 these codes and this kind of stuff . You
7 know, are we going to allow a McDonalds ,
8 no . We have the power now to keep that
9 open space . It' s a rare commodity and
10 it' s valuable as an open space . Not big
11 commercial . It' s value to us that have
12 the heart of peace and quiet . I have one
. 13 more thing, about that easement that is
14 supposed to be along Main Road there that
15 goes down to the end, I am not quite
16 sure . It' s supposed to be -- it is so
17 overgrown . It looks like bag town down
18 there . I have asked if we could get
19 together as a group and mow and clean it
20 up . Now they stocked more boats there .
21 They can park the boats on the other
22 side . They seem to say, you don' t like
23 us . Screw you . We are going to block you
24 some more . One of our residents has
• 25 cleaned up the flag areas and the beach
July 7, 2014 Planning Board Meeting 110
• 1 areas . And that wasn ' t on the
2 Waterfront' s agenda . We don' t want a
3 restaurant and we don' t want commercial .
4 Thank you very much .
5 CHAIRMAN WILCENSKI : Thank you very
6 much . Again, if you could, the reason why
7 this Public Hearing was kept open from
8 last month, is to give people who did not
9 have a chance to speak last month today .
10 So we will hear you, but let' s let some
11 people who didn' t speak last month have
12 their time at the mic, please .
• 13 MR. TORQUE : Hi . My name is Andy
14 Torque . I didn' t get a chance to speak
15 last time . I didn' t want to speak last
16 time . Ia m a full-time resident of New
17 Suffolk . I have been on the Board for six
18 years . On the New Suffolk Waterfront Fund
19 Board. And I wanted to talk about
20 something that hasn ' t been addressed here
21 as much but I think it underhands a lot
22 of the concerns . There is a lot voiced
23 about the size of the eating
24 establishment at the rebuilt Galley Ho .
• 25 And there is concern, as I have heard it,
July 7, 2014 Planning Board Meeting 111
• 1 that it' s going to cost a lot of money to
2 build it and we do have the money to
3 build it, then we won' t have the ability
4 to support it after . Maintain it , keep
5 the building up, to pay the debt service .
6 So what it leads to the belief that we
7 need to have a large seating
8 establishment in order to pay for this
9 large project that we have gone on to .
10 Then that goes to the next concern, if we
11 need a large project that we can' t
12 afford, then there is going to be a lot
• 13 of traffic and a lot of noise . And then
14 it leads to the next concern, if we can' t
15 afford it, then an operator in that caf6
16 fails, then we are going to be left with
17 a shell . Like the eyesore in Mattituck.
18 So the issue though is that these
19 concerns about traffic and about noise
20 and the eyesore, they are all based upon
21 what is the size of the restaurant . What
22 do we need? And if we need a large
23 restaurant , then we spend too much money
24 on it . So do we have the money for it and
i25 can we afford it once we pay for it . You
July 7, 2014 Planning Board Meeting 112
• 1 know, I understand clearly the fears that
2 people have . We as a Board have not
3 communicated to the community the
4 feasibility of this plan without coming
5 from a restaurant or a caf6 . So there is
6 a lot of lack of understanding . So that
7 creates the fear . Over the last six
8 years, we have been very careful and very
9 financially responsible on each step that
10 we have taken in order to ensure that we
11 have the money to buy and pay back what
12 we have borrowed . It would be financially
• 13 and crystally irresponsible and I think
14 some people would say it would be pretty
15 stupid for us to embark on this process .
16 Relying upon the success of an eating
17 establishment in order to pay for it , the
18 process . It' s just not true . We are not
19 building a large scale commercial
20 enterprise . The cost is going to rely
21 upon that large scale enterprise to pay
22 for it . It doesn' t make any sense . That
23 is not what we are doing . So first we
24 have the funds available to pay for the
• 25 current project . Okay . We have the funds
July 7, 2014 Planning Board Meeting 113
• 1 as we have rebuilt the bulkhead . We have
2 the funds available right now for
3 rebuilding, rehabbing the Galley Ho and
4 for putting in the septic and doing
5 landscape . Secondly, once we have paid
6 for it , we have a business plan and we
7 have a source of income from the dock,
8 the storage, parking and from a reduced
9 amount of donations and fundraising ti
10 support and maintain the building without
11 source from the restaurant . So why are we
12 building it? Do we need the money? No we
. 13 don' t need the money. It' s a Catch 22 ,
14 right? Why are we building it if we don' t
15 need the money? We are not building it
16 for the income . The income will be very
17 welcome . We would like the income to
18 reduce contributions and any further
19 renovations . The red building, the barn .
20 But it' s not a financial stability for
21 the plan . So what happens if a caf6
22 operator fails? Well, since we are not
23 relying upon the income, it won' t do
24 anything to the financial stability. We
• 25 will have a beautiful building that we
July 7, 2014 Planning Board Meeting 114
• 1 rehabbed and back to where we are . We had
2 said and the community said, that we want
3 a meeting place . We want to restore what
4 was there . We want a place to sit down
5 and eat . We want open space . So that is
6 what we are doing . Once we do that and
7 have the approval , we now have the
8 ability to have an eating establishment
9 that is appropriate to the community. You
10 know, the last thing that I want to say
11 is, that I am very sorry that all this
12 happened. I have been on the Board for 6
• 13 years . A lot of people said -- certainly
14 we did not come on to it for any selfish
15 reasons, and everything that we have
16 done . We have tried to improve the
17 property, I live right up the street . I
18 certainly don' t want to see an eyesore .
19 Our plan is not to build a McDonald' s or
20 a big establishment . Our plan is not to
21 harm the community. Thank you .
22 CHAIRMAN WILCENSKI : Thank you .
23 Again, I am just going to make a comment
24 here and then we will take one or two
• 25 more . But my comment is that we are aware
July 7, 2014 Planning Board Meeting 115
• 1 that you have a community meeting on the
2 12th and hopefully you can all get
3 together and come up with a plan and make
4 everybody happy. I am hoping that at that
5 meeting there will be twice as many
6 people there at that meeting then there
7 is here tonight . There is only so much
8 that we can do .
9 MR . ROUSSAN : Hi . My name is Stephan
10 Roussan . I live at 415 Third Street . I am
11 a former member of the Waterfront Board.
12 I left on great terms with the Board when
. 13 my son was born, with every great
14 intention down the road, having an
15 opportunity to serve again . My company is
16 based in Mattituck . I have done
17 approximately 30 , 000 in pro-bono services
18 to the Waterfront Fund over the last
19 several years , . I was also a member of
20 the New Suffolk Stakeholders and
21 participated in the Town' s sponsor for
22 ( In Audible ) . When we got together with
23 the stakeholders in 2007-2008 , which is
24 such a fantastic program and across all
• 25 the North Fork hamlets . You know, we work
July 7, 2014 Planning Board Meeting 116
• 1 very hard . We put in a lot of volunteer
2 hours . We revised our list and our
3 priorities . We submitted them to you .
4 There are a number of things on there,
5 that already at the time of 107- ' 08 , were
6 pretty critical in nature . At least to
7 most of the people that lived in the
8 town. The need for some type of
9 insulation, traffic combing devices ,
10 better posting of speed limits . I know
11 there was some issues on parking . There
12 was a posting on Facebook recently, to
13 come and get your parking early on the
14 Waterfront property . Walk down to the
15 public beach and skip paying the fees . I
16 am talking 9 : 30 in the morning and people
17 are just dodging the fees . It' s
18 ridiculous . There is a lot of discussion
19 that there is no designated truck route
20 in and out of New Suffolk, as far as the
21 deliveries that goes down to Legends .
22 Nowadays , people are getting home
23 delivers because there is so little
24 storefront or shopping online . We have
25 FedEx or UPS making the rounds every day
July 7, 2014 Planning Board Meeting 117
• 1 on these streets that are very narrow to
2 begin with . It' s not about a snack bar .
3 It' s about what could happen when this
4 type of permission is granted on a
5 regulatory basis of what could occur down
6 the road. If the Waterfront changes its
7 plans or if the Waterfront loses the
8 property. That was so valuable with the
9 partnership with the Peconic Land Trust .
10 Learning about easements and what could
11 occur . And I just feel that this type of
12 sentiment about easements is lacking in
• 13 reflected site plan proposal . I don' t
14 think we are mitigating sufficiently
15 against the worse case scenario . If we
16 want a snack bar, we should apply for a
17 snack bar . We should decide together as a
18 community what is suitable for the
19 threshold that we envision and then apply
20 for that and bring it to the table . You
21 know, everyone is going to look at me
22 like I have three heads for saying this .
23 I don' t really think that New Suffolk is
24 divided . I think that if this site plan
• 25 proposal and the manner in which this
July 7, 2014 Planning Board Meeting 118
• 1 Board has gone about it, that has really
2 divided us . I don' t think it' s a failure
3 to agree on so many of the wonderful
4 things that can take place down there and
5 what we cn do . I think it' s a failure of
6 willingness and incorporate how the
7 community feels . You know, it has been a
8 process . And I think that is where the
9 myth is . You know, New Suffolk is really
10 not that divided. It' s a tremendous
11 interest in the property and what we can
12 do down there . Things about coming
• 13 together and what we can do and keep
14 quite . I think we all agree, we don' t
15 want the roads to become worse . We don' t
16 want an eyesore . We don' t want too much
17 activity but the site plan needs to be
18 revised to take some of those scenarios
19 off the table . You know, when I look at
20 the site plan, I see a first draft of one
21 potential option of how you can
22 accomplish this range of goals . It should
23 come to the community with this option
24 and other options to discuss and feel it
• 25 out . These types of conversations that we
July 7, 2014 Planning Board Meeting 119
• 1 are having tonight represent some of the
2 viewpoints , -- you know, lock us in a
3 room and figure it out and come out with
4 some type of unified plan that we can
5 agree on, because there is actually a lot
6 more that we agree on, I think, then we
7 disagree on . It' s just the nature of what
8 the process has been . I think all the
9 ingredients are here to have a great
10 outcome, but I do think we need a
11 different recipe to get there and maybe
12 we need some different ketchup .
• 13 CHAIRMAN WILCENSKI : Thank you . I
14 think everyone from New Suffolk, I think
15 he should be the guy to lead the meeting
16 on the 12th . We have time for one or two
17 more . Does anyone else -- yes .
18 MS . CUROTT : My name is Phyllis
19 Curott . I have been a full time resident
20 of New Suffolk . Carefully truing to avoid
21 the controversy for 12 years , as an
22 alternative, I am a lawyer . And I came to
23 New Suffolk -- who arrived and didn' t
24 grow up there, keeping something that was
• 25 lost . I kind of kept to myself . It
July 7, 2014 Planning Board Meeting 120
• 1 wasn ' t until suddenly I find myself in
2 the middle of a community at odds with
3 itself that I discuss ( In Audible) . I
4 think Stephan' s point is exactly what
5 motivated me to speak. I just came aware
6 of the tensions between the community . I
7 have friends on the Fund Board, and I
8 have friends who are extremely opposed to
9 it . And I have shuffled back and forth
10 listening, trying to use the skills as I
11 developed as a mediator . And there is a
12 common ground. There is resistance to
13 amending the plan, which was the very
14 first question that I attended . Is there
15 a willingness on the part of the Fund to
16 really listen to the community. There was
17 never a proper conversation with the
18 community after Sandy . If they go by
19 every regulation that is et by the Town
20 Board, the Planning Board, the ZBA, the
21 DEC, by FEMA, by everybody, it still
22 doesn' t make this plan the correct plan
23 for this community . One of the questions
24 that I always ask myself and you don' t
• 25 get to do it as a lawyer . How you think
July 7, 2014 Planning Board Meeting 121
• 1 outside the box that you put yourself
2 into . Right now, that box was created by
3 the Trustees who sort of guided in the
4 project to the restaurant in the ideas of
5 restoring the post office . There was a
6 number of different ideas for this
7 property. Not just the Galley Ho . There
8 was a post office . The Galley Ho is just
9 one of a number of things that took place
10 and services the community. The Board
11 pointed them in the direction of the
12 restaurant , when the museum and some
• 13 stores were turned down . So they went in
14 that direction and started meeting with
15 everybody. They did a marvelous job with
16 meeting all the technical obligations .
17 The Town has sort of geared us in the
18 direction of the restaurant . The answer
19 that I think, that there is a way to
20 provide a use . That would not require a
21 septic system. It is just one idea . There
22 are other ideas . The folks that are
23 working on the plan that exist now, have
24 to open their minds and open their hearts
• 25 and remember the original purpose of
July 7, 2014 Planning Board Meeting 122
• 1 this , which was community and to restore
2 the community spirit that we need in
3 order to live together . Thank you .
4 CHAIRMAN WILCENSKI : Thank you .
5 MS . WICKHAM: Good evening . My name
6 is Gail Wickham. I have been working pro
7 bono for the Waterfront Fund for some
8 time . I grew up in New Suffolk. And I am
9 going to talk fast , there seems to be my
10 reputation, so we can wrap this up . As
11 you have said a few times tonight , it' s a
12 long process . It' s not the end of it .
• 13 Once the hearing is closed, there will
14 still be a lot of time and fine details
15 to discuss with the Planning Board and
16 you go through your reg' s . I do want to
17 make you aware, there has been a letter
18 submitted from the architect that the
19 plans --
20 CHAIRMAN WILCENSKI : We got that
21 today.
22 MS . WICKHAM : And I just want to
23 quickly wrap up and try and summarize
24 this and move on . All of the site plan
• 25 that were enumerated in 280-129 of the
July 7, 2014 Planning Board Meeting 123
1 code have been met . I believe that was
2 discussed at the last hearing and rather
3 then repeat it, I will review it in an
4 outline of all of those issues in how
5 they have been addressed by the site
6 plan . A major reason those objectives
7 were able to be met was because the scale
8 and size of the project is so vastly
9 reduced from what would otherwise be
10 allowed on this property . And that was
11 and still continues to be the objective .
12 Further, if and when the site plan is
• 13 approved it' s not a shovel in the ground .
14 What type of facility it will be and how
15 it works . Those are all items for further
16 discussion . In fact , I am the one that
17 termed it a restaurant because the code
18 requires that this type of facility you
19 can apply for . I am not deciding on how
20 this thing will operate . That is with the
21 Board and for the Waterfront Fund. Those
22 discussions are going to continue
23 throughout the summer, the fall and
24 thereafter, while the rest of the process
• 25 moves forward. However, I do feel very
July 7, 2014 Planning Board Meeting 124
• 1 strongly that the Waterfront Fund needs
2 to ( In Audible) in the property usage and
3 we need to have the hearing closed so
4 that this process can move forward. We
5 are not seeking to disregard the civic
6 associations or others . It' s to extend
7 the discussions . Those discussions should
8 take place away from this forum.
9 Therefore concerns that are based -- and
10 many of them have been discussed tonight .
11 What are the financial ' s? The menu? The
12 size? The special events? These are not
13 Planning Board issues at this point, but
14 they are most definitely New Suffolk
15 issues . This is a community that actively
16 participates in itself . And these
17 discussions are necessary and vital to
18 continue . And I think the Planning Board
19 has the necessary information to make a
20 decision on this . Certainly the fine
21 tuning will continue . Briefly. The whole
22 discussion tonight was mostly special
23 events . I think it was at a community
24 meeting where Barbara Schnitzel was asked
25 at a community meeting and special
July 7, 2014 Planning Board Meeting 125
• 1 events . She answered that there would be
2 occasional special events . Any type of
3 food establishments , restaurant, cafe may
4 occasionally have special events . It
5 doesn' t mean that it' s going to turn into
6 the exaggeration that has been
7 promulgated in the community . That there
8 is going to be weddings . I heard that it
9 was going to be a catering hall . These
10 are things that need to be addressed in a
11 community discussion because the ZBA has
12 already ruled on the use and that is not
13 something that we are here tonight to
14 decide on . We can bottom of those things .
15 What ' s happening with the barn? What' s
16 happening with the shed? All those
17 different types of things . I don' t think
18 there is any new issues as far as the
19 site plan goes . But it is good to address
20 these situations directly . There are a
21 couple of specific points that I do want
22 to make with respect to where we are in
23 this process . We have physical concerns
24 about moving forward in the site plan .
• 25 Not the building process . The site is not
July 7, 2014 Planning Board Meeting 126
• 1 very excessive right now . It needs
2 landscaping . It needs maintenance and it
3 needs real parking . It needs to be
4 addressing a building . It has taken hours
5 and hours of the Board' s time, the
6 communities time and certainly the
7 Planning Board staff to, prepare for these
8 hearings . So we do need to get pass that
9 and talk on two different levels on
10 moving forward. There is a strong
11 downside in delaying a project on use .
12 And I just want to explain this quickly,
• 13 after years of fundraising and after
14 becoming very successful in obtaining
15 tremendous fundraising report, they still
16 had to borrow huge amounts of money to
17 finish the acquisition . And a lot of
18 people may not be aware of it, but in the
19 December when we closed with the Peconic
20 Land Trust followed months and months of
21 pressure from the Land Trust because they
22 had to turn their money around. It had to
23 happen . They were able to obtain a
24 conversation loan, an FDA loan, New York
• 25 State grant easement . I know you know all
July 7, 2014 Planning Board Meeting 127
• 1 of this , but in order for them to do this
2 they had to get appraisals of the
3 property. Sometimes two or three
4 independent appraisals . Those were based
5 on value . They had to be able to
6 establish what they were going to be able
7 to do and preserve and protect what they
8 are going to be able to do there . And
9 that is something that time is lapsing
10 on . It has to go forward . I know the
11 Board is going to keep at it . With all do
12 respect , this is the right Board for
• 13 this . So I think that hopefully, the
14 concerns and the consensus , it happens
15 and they can help us a little bit and
16 certainly that will go a long way in
17 resolving this little issue . If there is
18 any additional information you do need on
19 the site plan, we would be happy to
20 address it .
21 CHAIRMAN WILCENSKI : Thank you . And
22 with that said, we are going to close the
23 hearing and we are going to leave --
24 Diane would you like to speak? Okay. This
• 25 would be the last one . Just to let
July 7, 2014 Planning Board Meeting 128
• 1 everyone know, what we have decided to do
2 is close the Public Hearing and we are
3 going to leave the record open for two
4 weeks for any written comments .
5 Hopefully, your meeting on the 12th, you
6 will be sending us some good positive
7 information that appeases everyone . So
8 with that , Diane, you will be the last
9 speaker of the night .
10 MS . HARKOFF : Diane Harkoft , First
11 Street, New Suffolk .
12 CHAIRMAN WILCENSKI : We are at the
• 13 beginning . People have to understand that
14 this is the beginning of a long process .
15 The Public Hearing is one of the first
16 things that we get done . Referrals go out
17 in due time . They have not gone out yet .
18 MS . HARKOFF: The next thing that I
19 wanted to ask is a Park District another
20 use on a Marine II Zoning?
21 CHAIRMAN WILCENSKI : I can' t answer
22 that .
23 MS . HARKOFF: We have boat storage .
24 CHAIRMAN WILCENSKI : It ' s not
• 25 considered a use . It' s something that we
July 7, 2014 Planning Board Meeting 129
• 1 have to refer to our Town Attorney .
2 MS . HARKOFF: I want to say thank you
3 to the engineering office for looking
4 into the drainage on the property . And I
5 know there is more work that has to be
6 done . Because it says here, it will be
7 greater than one area in area for the
8 cumulative disturbance . And also that the
9 drainage design has to be revised. And
10 there were seven points made . But anyway,
11 I appreciate the beginning of the
12 investigation . That is all I have .
• 13 CHAIRMAN WILCENSKI : Okay. Thank you
14 very much . With that , I would like a
15 motion to close the Public Hearing and
16 leave the record open for written
17 comments for two weeks .
18 MEMBER CREMERS : Motion .
19 MEMBER SIDOR: Second .
20 CHAIRMAN WILCENSKI : Motion made by
21 Bill . Seconded by Martin .
22 Any discussion?
23 (No Response . )
24 CHAIRMAN WILCENSKI : All in favor?
• 25 MEMBER CREMERS : Aye .
July 7, 2014 Planning Board Meeting 130
• 1 MEMBER RAFFERTY : Aye .
2 MEMBER RICH : Aye .
3 MEMBER SIDOR : Aye .
4 CHAIRMAN WILCENSKI : Aye .
5 Motion carries .
6 Thank you everyone for coming out . We
7 do have four more public hearings after
8 this .
9 ********* ********** ******** *********
10 PECONIC LANDING TENNIS COURTS
11 CHAIRMAN WILCENSKI : Peconic Landing
12 Tennis Courts - This Amended Site Plan is
. 13 for the re-location of a 108 ' x 120 '
14 ( 12 , 960 square feet ) paved area for two
15 ( 2 ) tennis courts in addition to eight
16 ( 8 ) parking stalls with one ( 1 ) ADA. The
17 property is located at 1205 New York
18 State Route 25 , plus or minus2 , 390 ' east
19 of Sound Road & New York State Rt . 25 ,
20 Greenport . SCTM#1000-35-1-25 .
21 Anyone in the audience that would
22 like to address the Board, please address
23 the Board and not the attendees on this
24 application . Please state your name for
• 25 the record .
July 7, 2014 Planning Board Meeting 131
• 1 MR. CUDDY : Good evening . My name is
2 Charles Cuddy . I represent Peconic
3 Landing . Also with me tonight, Bob Syron
4 who is the president and CEO . We simply
5 want to move the tennis courts that we
6 have from one location to another
7 location . That is part of our promise to
8 the residents of Peconic Landing . There
9 are certain amenities , including tennis
10 courts . So we are just taking them from
11 the site and moving them to another site .
12 We recognize that the Board has had some
• 13 concern over the site, but I would point
14 out to you that , it ' s more than 200 feet
15 from any particular resident . And also
16 that this type of material that is used
17 is a noise absorbing material . And
18 further, there are not too many residents
19 that play tennis at Peconic Landing, but
20 it' s part of it . We would respectfully
21 request that the Board agree with us .
22 Thank you .
23 CHAIRMAN WILCENSKI : Thank you,
24 Charles . Anyone else in the audience that
• 25 would like to address the Board on
July 7, 2014 Planning Board Meeting 132
• 1 Peconic Landing Tennis Courts?
2 MR. SYRON : Good evening . I am Bob
3 Syron the president and CEO of Peconic
4 Landing . And I just want to touch on a
5 few quick things that Charles addressed.
6 Really what we are trying to do is create
7 a safe environment for our residents .
8 That' s always our first priority. So we
9 took a look at different places on the
10 property where there was ( In Audible) so
11 that we could observe people playing
12 tennis . As Charles said, there is very
• 13 few people at Peconic Landing that play
14 tennis anymore and the ones that do, they
15 are up there in their age . So what we try
16 to do is have visual site so the
17 residence stay safe . As Charles said, it
18 is 200 feet from the property. There is a
19 large natural vegetation that we have
20 allowed to grow up the property, and
21 substance of the surface is hard proof .
22 So it' s not like it will be sound . There
23 will be no site lighting . And I don' t
24 believe maybe in the depths of January,
• 25 the tennis court would be able to be seen
July 7, 2014 Planning Board Meeting 133
1 by our neighbor . Peconic Land prides
• 2 itself on being a good neighbor . Over the
3 ten years tat I have been there, I have
4 met with our neighbor . We have discussed
5 many things . We have invited him to
6 Peconic Landing many times . He' s a
7 welcomed guest . I believe he is still
8 concerned at this time, as I was told by
9 my staff . So we want to be good
10 neighbors . So when we looked at the
11 reasons , safety being a primary reason .
12 On the west side of the property, we have
• 13 a historic barn that we currently use . At
14 some point, in our future , we would like
15 to restore that barn and have a building
16 that is meant for something to be stored
17 in . And that is equipment storage site of
18 the property for this time . There is also
19 not a road in that area that would be
20 easily seen by the residents . So I thank
21 you for your time this evening .
22 CHAIRMAN WILCENSKI : Thank you .
23 Anyone else like to speak with regards to
24 the Peconic Landing Tennis Courts?
. 25 (No Response . )
July 7, 2014 Planning Board Meeting 134
• 1 CHAIRMAN WILCENSKI : Hearing and
2 seeing none .
3 MEMBER CREMERS : Motion to close the
4 hearing .
5 MEMBER SIDOR: Second .
6 CHAIRMAN WILCENSKI : Motion made by
7 Bill . Seconded by Martin .
8 Any discussion?
9 (No Response . )
10 CHAIRMAN WILCENSKI : All in favor?
11 MEMBER CREMERS : Aye .
12 MEMBER RAFFERTY : Aye .
• 13 MEMBER SIDOR : Aye .
14 CHAIRMAN WILCENSKI : Aye .
15 Motion carried .
16 (Member Rich recused himself from
17 this application . )
19 COLONY POND
20 CHAIRMAN WILCENSKI : The next Public
21 Hearing, Colony Pond - This proposal is
22 for a Standard Subdivision to subdivide a
23 13 . 540-acre parcel into five lots where
24 Lot 1 = 0 . 8 ac . , Lot 2 = 10 . 5 ac . ,
• 25 including a 1 acre . Building envelope,
July 7, 2014 Planning Board Meeting 135
• 1 0 . 3 acre . Right-of-way and 7 acres of
2 preserved Open Space, and Lots 3 , 4 , & 5
3 = 0 . 6 acre . In the R-80 Zoning District .
4 The property is located at 845 Colony
5 Road, on the south side of Colony Road,
6 approximately 470 ' east of Bayview
7 Avenue, in Southold . SCTM#1000-52-5-60 . 3 .
8 I would like to ask anyone at this
9 time, if they would like to speak on
10 behalf of Colony Pond?
11 MR. CUDDY : Thank you . Charles Cuddy
12 on behalf of Colony Pond . The principals
13 are with me tonight . We just want to
14 point out to the Board, which we think
15 you are aware of and the people in the
16 audience, there will be five dwellings on
17 13 1 . 2 aces . We are going to develop four
18 of those acres . They are going to be the
19 remaining parts of those acreage . It
20 would be preserved and open space . We
21 have gotten approvals for public water .
22 We have gotten approvals from ( In
23 Audible ) which is a pollution prevention
24 plan from the DEC . We have a
• 25 non-jurisdiction letter from the DEC . We
July 7, 2014 Planning Board Meeting 136
• 1 have Health Department approval . We have
2 done everything that the Town has asked
3 us to do . We actually, as I say, have
4 approval from the County and the state
5 for this particular use and this
6 particular site . We think it' s
7 appropriate and we think it has no
8 impact . Therefore we would ask you to
9 approve it . Thank you .
10 CHAIRMAN WILCENSKI : Thank you,
11 Charles . Yes , please . State your name and
12 write your name .
• 13 MR. CURRY : My name is Steve Curry I
14 live at 645 Bayview Avenue and at the
15 previous hearing on this plan, I
16 presented to the Board, a petition signed
17 by the residents of Bayview Avenue . I
18 come and speak for 40 plus members who
19 live on Bayview Avenue, which abuts
20 directly onto the Colony Pond sub site .
21 The thing that we are concerned about is
22 the water quality of our pond. And this
23 is something that has been documented in
24 several ways for the last several years .
• 25 The LWRP documents the problem. The DEC
July 7, 2014 Planning Board Meeting 137
• 1 has closed the pond six months a year
2 because of water quality. And water
3 quality of the pond is a matter of real
4 concern to the community . I did not come
5 in contact with the ( In Audible ) Colony .
6 Those are sort of separate communities on
7 the pond . The issues are simply this , all
8 of the studies including the recent one
9 done by the Nature Conservancy points out
10 that the water problem is caused largely
11 by septic problems . Other parts of the
12 North Fork, other parts of Peconic Bay
• 13 have coastal problems or whatever . The
14 Southold Town, over half of the nitrates
15 goes into the bay and into the creeks . In
16 the case of Bayview Avenue, many of the
17 houses are still seasonal and many of
18 them are not occupied year round. And our
19 concern is simply is this , with
20 development of five very large septic
21 systems at the high point behind our
22 houses , which flows directly down into
23 the pond, with a very shallow water
24 table, has not been addressed . The LWRP
• 25 has said, "may still require restriction
July 7, 2014 Planning Board Meeting 138
. 1 of existing development along the
2 shoreline, " that is what the document
3 suggests . I want to know ( In Audible ) so
4 what we are asking that the Planning
5 Board in the process of considering this
6 proposal, consider what the reports said .
7 That this is a problem and needs to be
8 addressed seriously and maybe some
9 alternative plans be for that part of
10 land may be appropriate . Thank you .
11 CHAIRMAN WILCENSKI : Thank you .
12 MR. YAXA: My name is Dean Yaxa and I
• 13 live at 315 Colony Road and I will start
14 out by saying that this is not a win/win
15 situation for Colony Pond neighborhood,
16 but this is a certainly a win/win for
17 Colony Pond only . We have never -- could
18 have never invested anything into
19 Southold Town . They will destroy the land
20 and beauty of the area, destroy it like
21 they have done up with . Is this the
22 Master Plan for Southold? Now I have a
23 few objections that I would like to
24 address to the Board. No . 1 , Alex, last
• 25 week I came to you and you gave me --
July 7, 2014 Planning Board Meeting 139
• 1 CHAIRMAN WILCENSKI : Excuse me . You
2 have to address the Board.
3 MR. YAXA: Last week I went to the
4 Planning Board in the Southold Town and
5 Alex came out and talked to me . I brought
6 a map and paid a fee . That map that she
7 gave me is not the map that you have out
8 there on that easel tonight . And I want
9 to know why that has been changed?
10 CHAIRMAN WILCENSKI : We will have
11 someone from staff get back to you
12 tomorrow and find out why.
• 13 MR . YAXA: Okay . Okay. At every public
14 meeting, which is probably two or three
15 that I have attended, I have been
16 complaining about the maps that you have
17 been supplying to me and the public . They
18 are wrong with regard to the water
19 measurements . Example, this letter dated
20 June 26, 2014 , this one particular
21 acreage, monument says that from one
22 point to another point is 162 feet . On
23 October 17 , 2013 the map that was
24 presented said 137 feet . My deed that I
• 25 have, is 230 feet . Now that is just one
July 7, 2014 Planning Board Meeting 140
• 1 side , on the southern most side of the
2 property . Those are problems also . They
3 are falsifying the maps . I don' t know if
4 they are doing intently or not but it ' s
5 been too long . They are repeatedly not
6 marked correctly. It' s still going on .
7 Okay. No . 2 . Goes to March 2002 . The
8 agreement has never been completed in
9 full . On November 14 , 2011 , Mr . Cuddy
10 sent a letter to Pat Moore and I am not a
11 professional person, but the way that I
12 am interpreted was , mumbo-jumbo . Trying
13 to outdo the other lawyer with legal
14 technicalities . We called last Thursday,
15 Mr . Cuddy' s office, to call and talk to
16 him. No call back. We called today, this
17 morning, and again, no call back. I don' t
18 know what it is but it ' s very abrasive in
19 my book . If he wants to conduct business
20 in that matter, then so be it . But I
21 think it' s wrong . No . 3, what is the
22 intent of the 4 foot walking path? How
23 far will it go? What happens when you get
24 to the end of the wetlands? No . 5 , this
• 25 is a very poor location . It' s awful . In
July 7, 2014 Planning Board Meeting 141
• 1 other words, they want to build the home
2 30 feet . Terrible . It' s awful and
3 unacceptable . That will might as well
4 increase traffic . I mean, lots of cars,
5 lots of kids . Come on . I like our area,
6 quiet . Nothing to say? The farm has been
7 a farm for over 8 generations . The
8 Planning Board told me, not you
9 specifically, but people on the Planning
10 Board told me that this is where they
11 want the cluster of homes so that it' s as
12 far away from Arshamanogue Pond as it is
13 -- to help solve the problem of the
14 underwater contamination that flows
15 through the pond . Okay?
16 CHAIRMAN WILCENSKI : That was told to
17 you by whom? Staff?
18 MR . YAXA: Correct . Alex .
19 CHAIRMAN WILCENSKI : Thank you . We are
20 taking all of your questions and we are
21 going to answer them.
22 MR . YAXA: Thank you . The pond, by
23 putting those homes , 30 , three foot high
24 rings in an area 200x200 . They ' re
• 25 creating a pool . I have a well that is
July 7, 2014 Planning Board Meeting 142
• 1 about 220 feet from there? What about me?
2 I don' t have city water . I have a well .
3 No . 8 , if you have to put homes 30 feet
4 from the road, there is something wrong .
5 30 feet , is that setting a precedent?
6 Where else is a cluster of development 30
7 feet from the road in the Town? Thank you
8 very much for your time .
9 CHAIRMAN WILCENSKI : Thank you and we
10 will get back to you with those answers .
11 Would anyone else like to address the
12 Board? Pat?
• 13 MS . MOORE : Thank you . I actually
14 represent Mr . And Mrs . Yaxa . You can hear
15 from his presentation -- Sorry, Patricia
16 Moore on behalf of Mr . And Mrs . Yaxa .
17 What I did was , I put my presentation in
18 writing, but briefly I will go through
19 the points . Mr . Yaxa has already made
20 some of the points , but I have others
21 that I think are more technical to this
22 proposal . To begin with, you should get
23 credit where credit is due . And both the
24 owners of the this development as well as
• 25 the Planning Board, have considered
July 7, 2014 Planning Board Meeting 143
• 1 previous comments from Mr . Yaxa with
2 respect to removing the road from the
3 title of the individual northerly line .
4 That was something that was a great
5 concern at one of the prior public
6 hearing' s . And I think the staff and the
7 owners themselves for redesigning the
8 plan so that we are not dealing with that
9 access and a potential for an access road
10 on the northerly lot . I do want to point
11 out , as Mr . Yaxa stated, that an
12 agreement between Mr . And Mrs . Yaxa and
• 13 James Cresela, what -- to relocate the
14 access to the property, in exchange for
15 the construction of a new 15 foot
16 driveway. This access was relocated . The
17 private entrance to the Yaxa Farm is
18 shown on part of the proposed Lot #2 .
19 There should be some information on the
20 map that this road was conveyed to the
21 adjacent owner, Mr . Yaxa . Technically,
22 real property Law 35 prevents any
23 possible transfer of any part of this
24 property once that occurs . So I hope that
• 25 in the very near future that once the
July 7, 2014 Planning Board Meeting 144
• 1 subdivision is completed, that the road
2 will in fact be to the northerly ( In
3 Audible) . If you don' t have a notation on
4 the map -- let' s say call it a parcel a
5 or b or whatever, that is intended as a
6 lot to be conveyed . It' s intended as a
7 lot line change that would be conveyed to
8 the northerly parcel . The County Clerk by
9 filing the map, would prevent the
10 transfer and it' s Real Property Law 35 .
11 So I would hope that the map addresses
12 that and allows for it . Secondly, that
• 13 access should be excluded from Lot 2
14 acreage and identified as Parcel A. This
15 I learned from many years ago, if you
16 identify it as a parcel , it could then be
17 made out -- not obviously as a lot
18 because the lot is not intended to be
19 developable lot . It is that access point .
20 That would allow that piece to be merged
21 with the adjacent Yaxa Farm. The original
22 access was to be relocated as an
23 exclusive access for the farm. The
24 developers have to put on the map some
• 25 notation that this access is going to be
July 7, 2014 Planning Board Meeting 145
1 by some way an easement . If we can' t
2 accomplish a lot line change between the
3 negotiations of the two parties , Mr .
4 Cuddy relayed a request that Mr . Yaxa pay
5 for all the costs of the lot line change .
6 Obviously that is a very expensive burden
7 to have a survey of his property and a
8 lot line change, when in fact the
9 intention of that 2002 agreement was to
10 have that access be conveyed out . The
11 only reason this property could be
12 developed as proposed, is because the
• 13 right of way access point is located to
14 the north . Would then otherwise be
15 eliminating ( In Audible) and creating a
16 road further south on the property . So
17 all part of the 2002 agreement was to
18 have that exclusive access to the farm.
19 So at a minimum that access way should be
20 an easement . In addition, the Yaxa Farm
21 may chose to put a gate and a sign to
22 keep trespassers off of the farm. On a
23 regular basis , the Board yields with
24 encroachment and asks the developers to
25 ( In Audible) in a common sense manner .
July 7, 2014 Planning Board Meeting 146
1 The easement would be the common sense
ID2 manner at a minimum --
3 CHAIRMAN WILCENSKI : Excuse me , Pat .
4 What is being grown or raised on the
5 farm?
6 MS . MOORE : It' s a horse farm. It' s
7 thoroughbred . In my first hearing, I
8 presented the concern that we had that
9 was being proposed. That it could impact
10 the horses that tend to be kind of
11 skiddish . I don' t know if you were on the
12 Board at the time but that was one of the
. 13 issues . It is a horse farm. In addition,
14 the covenants and restrictions should put
15 the lot owners , particular Lot #2 , on ( In
16 Audible ) that the access is being an
17 exclusive access to the farm, and could
18 eventually be conveyed to actual
19 property . In addition, the drainage to
20 the property to the Yaxa property has
21 been addressed. In appreciation the way
22 the Town Engineer, in the way this
23 drainage is being designed. And that is
24 something that we made a point at the
25 first Public Hearing . And we shown you
July 7, 2014 Planning Board Meeting 147
• 1 photographs and we have shown you through
2 our own engineers that it does flood . So
3 thank you, that has been addressed .
4 Finally, the issue of public water . He
5 has already pointed out to you that he is
6 on a well . Also the fact that five new
7 homes could contaminate the well . The
8 sanitary systems could potentially cause
9 contamination . One of the Bayview has
10 public water that was extended years ago .
11 The water main was shown to extend to the
12 Yaxa property . It disappeared on this
• 13 map . That was something that should have
14 been shown and included. If in fact it
15 does show that the sanitary system will
16 contaminate the Yaxa well , what recourse
17 does he have? The only recourse is to
18 extend the main to the subdivision at a
19 great expense . It shouldn ' t cost the
20 homeowner an expense of extending the
21 public water when the developers are
22 essentially the cause of the
23 contamination . Certainly the extension
24 of public water was shown on your earlier
• 25 maps . And I ask you to review your
July 7, 2014 Planning Board Meeting 148
• 1 earlier maps . It shows an extension of
2 public water extending to the north of
3 the subdivision going to the Yaxa
4 property. And I ask that that still
5 continue to be the case . Those are the
6 issues that we feel are particularly
7 important . Mr . Yaxa has expressed his own
8 views , which he feels are important . I
9 have my points in writing --
10 CHAIRMAN WILCENSKI : Please step
11 forward .
12 MS . MOORE : Thank you .
• 13 CHAIRMAN WILCENSKI : Would anyone
14 else like to address the Board on Colony
15 Pond --
16 MS . VANDERSCHUYT : Good evening, My
17 name is Irene Vanderschuyt . I live 975
18 Bayview Avenue in Southold . Like my
19 neighbor ' s we are very concerned about
20 Arshamanogue Pond and the impact that
21 this building could have on it . What I
22 would really like to address is the open
23 space and the easement that would be
24 going through it . That possibly the Town
25 could require the developer to dedicate
July 7, 2014 Planning Board Meeting 149
. 1 to the Town acreage so that it would be
2 protected for, you know, forever
3 basically. The dedication would ensure
4 that the proposed protection of the open
5 space acreage would be in ( In Audible)
6 Peconic Trust land. Allowing Lot #2
7 ownership of this acreage while promising
8 to a future enforcement by the Town,
9 would be adequate to promote the goal by
10 the Town . The dedication of the Town
11 would also relieve the owner of Lot #2
12 the burden of running with the open space
• 13 acreage . As well as the potential
14 ownership liability of an easement .
15 Basically he would be open to the public .
16 Five houses and their relatives and their
17 friends . They would have access to go
18 down that easement . Thank you .
19 CHAIRMAN WILCENSKI : Thank you .
20 Anyone else wishes to address the Board?
21 MS . MOSSOOD : Thank you all for still
22 having the energy that you do at this
23 point . My name is Paula Mossood, 35
24 Bayview Avenue, which is down at the end
. 25 near the wetlands . I just want to point
July 7, 2014 Planning Board Meeting 150
1 out and I think my neighbors have done it
2 very well, the effects of this
3 development not only effects the houses
4 that are abutting this development , but
5 the entire community. And there are
6 reasons for this , as were mentioned, the
7 issues with traffic . There might only be
8 five of them, but they are really large .
9 Colony is really like a country lane .
10 It' s small . And that sort of .traffic
11 would make a major difference in our
12 community. Not only that , if people using
13 the pond, people would be coming down and
14 using boat ramps and putting boats into
15 that pond . Now we already have a lot of
16 boats on the pond. We already have boats
17 and kayaks and paddle boards . So this
18 will sort of add to that in the summer .
19 It may get to the point where there are
20 jet skiers , paddle boarders and kayaks
21 all out there at the same time and
22 someone could get hurt . And the last
23 thing with respect to this, the wetlands ,
24 the walkway that is going to go through .
• 25 I find this really disturbing because of
July 7, 2014 Planning Board Meeting 151
• 1 the issues with the water . But from where
2 I am, I can see herrings . I can see
3 osprey' s . All sorts of wildlife there .
4 And there is no real reason for a walkway
5 to come down there . It ' s a fragile
6 environment that is there . So that is an
7 issue . There may not be houses there but
8 there is still going to be a lot of
9 traffic and actually perhaps people could
10 potentially walk into the marsh, in the
11 winter . And I would like to keep that as
12 it is . Thank you .
• 13 CHAIRMAN WILCENSKI : Thank you .
14 MS . SHEIN : Hi . My name is Myrna
15 Shein, and I live at 1350 Bayview and my
16 house is directly next to Lot #2 . I am
17 only living there since July 3 , 2013 . So
18 this is really the first summer that I am
19 spending out there and I got the message
20 about this , and it' s very disturbing to
21 me . I bought this house for it' s
22 quietness and beauty of the pond and the
23 community . And I work all day long . I am
24 a teacher . I wanted to have a place that
• 25 is serene . There are going to be houses
July 7, 2014 Planning Board Meeting 152
• 1 behind my house, which I was told was
2 historic and that nothing is going to be
3 put back there and I should not be
4 worried . Now, I am. This walkway that you
5 are going to be putting behind the house,
6 how do I know how close it' s going to be?
7 I am going to have grandchildren that
8 come to my house . We have beautiful
9 wildlife . Is it going to be very noisy?
10 What' s going to happen to my serene
11 property? Thank you .
12 CHAIRMAN WILCENSKI : We will take all
• 13 of your comments into consideration as we
14 move this along . Anyone else have any
15 comments on Colony Pond?
16 (No Response . )
17 CHAIRMAN WILCENSKI : Hearing none .
18 MEMBER CREMERS : I make a motion to
19 close the hearing .
20 MEMBER RICH : Second .
21 CHAIRMAN WILCENSKI : Motion made by
22 Bill and seconded by Jim.
23 Any discussion?
24 (No Response . )
• 25 CHAIRMAN WILCENSKI : All in favor?
July 7, 2014 Planning Board Meeting 153
• 1 MEMBER CREMERS : Aye .
2 MEMBER RAFFERTY : Aye .
3 MEMBER RICH : Aye .
4 MEMBER SIDOR: Aye .
5 CHAIRMAN WILCENSKI : Aye .
6 Motion carried .
7 * ************* ********* ************
8 ALEXANDER & TRACY SUTTON
9 CHAIRMAN WILCENSKI : Our next public
10 hearing is for Alexander & Tracy Sutton .
11 This proposal is for a Standard
12 Subdivision of a 1 . 82 acre parcel where
• 13 in 2010 the Zoning Board of Appeals
14 granted an Area Variance to allow for
15 this parcel to be subdivided into two
16 lots where Lot 1 equals 1 . 13 acres and
17 Lot 2 equals 0 . 69 acres, located in the
18 R-40 Zoning District . The property is
19 located at 1160 North Bayview Road,
20 111 . 56 feet northeast of Liberty Lane and
21 Victoria Drive, Southold .
22 SCTM#1000-78-9-54 & 78 .
23 At this time, I would anyone that
24 would like to speak?
• 25 MS . MOORE : Patricia Moore on behalf
July 7, 2014 Planning Board Meeting 154
• 1 of Mr . And Mrs . Sutton . I have seen some
2 of the neighbors that have appeared in
3 prior hearings . This is pretty much, I
4 hope the end of the process . We began
5 with the Zoning Board give us approval
6 for configuring the lots the way they are
7 supposed to be . The lots do not include
8 the right of way, the roadway that curs
9 between North Bayview Road and Victoria
10 Drive . That road has changed and the
11 conditions of the Zoning Board are to
12 keep it accessible and clear and cutting
• 13 back the vegetation and so that it is
14 possibility. The lots , there have been no
15 change . There has been no change to the
16 subdivision since the Zoning Board
17 approved the lot sizes . The Board now has
18 the plan that was approved by the Zoning
19 Board . We now have Health Department
20 public water . The lot will be connected
21 to public water at such time it is
22 developed . We are here to answer any
23 questions . I will step aside . Thank you .
24 CHAIRMAN WILCENSKI : Yes , sir .
• 25 MR. HELGESEN : John Helgesen, and I
July 7, 2014 Planning Board Meeting 155
• 1 live in the development area known as ( In
2 Audible ) Heights . One of the reason I am
3 talking is because I have been sitting
4 here and listening for a long time . So I
5 better say something . We as a neighbor
6 have no objections to the two lots being
7 built . Myself personally . I am not
8 speaking for anyone else but myself
9 personally . The only problem is the right
10 of way. When Raynor Heights was developed
11 55-60 years ago, all the lots were
12 subdivided and so on and so forth . For
• 13 some reason, a few years ago, someone
14 bought it and in the subscript of the
15 purchase they were to guarantee the right
16 of way. And when I looked at this map, I
17 see a proposed right of way, which sounds
18 like to me that they are changing . So if
19 they are not going to change --
20 CHAIRMAN WILCENSKI : No the ZBA
21 ruling was for it to be kept in its
22 present state and to be clear, 20x20 .
23 MR. HELGESEN : It would be nice for
24 the Town to own it again, but that' s not
• 25 what we ' re here for . Okay . I signed in
July 7, 2014 Planning Board Meeting 156
• 1 and I am finished.
2 CHAIRMAN WILCENSKI : Does anyone else
3 have any comments to the Board for
4 Alexander & Tracy Sutton?
5 MR. KENNEDY : My name is Tom Kennedy.
6 This is my wife Claire Kennedy. We also
7 live in the Raynor Heights development .
8 Some of these questions, is this a new
9 application or are you considering rhe
10 work that was stated by Pat Moore ,
11 however it started with Planning and
12 that' s why ( In Audible ) 40 plus neighbors
• 13 in our association that expression their
14 opposition? Is that all taken into
15 consideration or is that all starting
16 fresh from today?
17 CHAIRMAN WILCENSKI : Everything has
18 been taken into consideration . And I
19 understand that this has been going on
20 for years .
21 MR . KENNEDY : It has . It has been
22 going on for 4 or 5 years now . The ZBA
23 ruling, that is also included in the
24 file?
• 25 CHAIRMAN WILCENSKI : Yes , that is .
July 7, 2014 Planning Board Meeting 157
• 1 MR. KENNEDY : To that , the map, I
2 don' t know if you are looking at what I
3 am looking at , but again, the ZBA made a
4 ruling of the right of way.
5 CHAIRMAN WILCENSKI : It' s just the
6 way they identified it on the map . It
7 says easement .
8 MR. KENNEDY : Why does it say it
9 differently then what is on the ZBA file?
10 CHAIRMAN WILCENSKI : Okay. We will
11 consider changing the verbiage on that .
12 MR. KENNEDY : Thank you . Again, in the
• 13 ZBA ruling they put conditions . Two
14 storms in the last 4 years . Snow that has
15 not been cleaned during the winter . It' s
16 supposed to be maintained for emergency
17 vehicle traffic, and as it stands right
18 now, emergency vehicles cannot get to
19 that roadway . That roadway is an egress
20 and ingress into our neighborhood. That' s
21 our way in and out . And also, again,
22 there is also another condition regarding
23 setbacks . I am sure that will be taken
24 into consideration, if the approval is
• 25 given? Correct?
July 7, 2014 Planning Board Meeting 158
• 1 CHAIRMAN WILCENSKI : Yes .
2 MR. KENNEDY : And then covenants and
3 restrictions that will be included . Is
4 that done later in the process?
5 CHAIRMAN WILCENSKI : Yes . As far as
6 enforcing the covenants and restrictions ,
7 there is a code enforcement officer now .
8 If this is not being done, then you can
9 call the bd and speak to the code
10 enforcement officer once this is
11 finalized .
12 MR. KENNEDY : And that would include
• 13 emergency vehicle access?
14 CHAIRMAN WILCENSKI : Yes . That was
15 included in the ZBA decision .
16 MR . KENNEDY : Again, it ' s minor but
17 it' s a deviation from the map that was
18 submitted to the ZBA back in 2010 and
19 reflects something different . As you have
20 heard from other neighbor, it' s the right
21 of way . The ruling came from our
22 agreement to drop the disagreement that
23 we had with our subdivision . And we took
24 on good faith that we would still have
• 25 access to the roadway . So when we see a
July 7, 2014 Planning Board Meeting 159
• 1 deviation, there is a concern .
2 CHAIRMAN WILCENSKI : Part of the
3 agreement was to keep it as a country
4 road . Part of the neighborhood wanted to
5 keep it that way; correct?
6 MR. KENNEDY : Yes .
7 CHAIRMAN WILCENSKI : That ' s what
8 you ' re getting .
9 MR. KENNEDY : There are a number of
10 neighbors that couldn ' t be here tonight .
11 I am asking you to keep the record open .
12 There are other neighbors that couldn ' t
13 be here tonight that have issues . Is that
14 possible?
15 CHAIRMAN WILCENSKI : Let ' s see if
16 anyone wants to speak her tonight and
17 then we will make a decision after that .
18 MR . KENNEDY : Okay . Does the
19 applicant need Town Board or any town
20 department approval for the installation
21 of water lines?
22 CHAIRMAN WILCENSKI : Yes . Only one
23 person can speak at the microphone .
24 MR. TERRY : There is certain levels
25 --
July 7, 2014 Planning Board Meeting 160
1 MR. KENNEDY : So in this instance, are
• 2 you aware of any approvals for the
3 installation of --
4 MR. TERRY : We are unaware of any
5 approvals . It' s for a new lot that is
6 being proposed.
7 MR. KENNEDY : Specifically for this
8 instance, would town approval need to be
9 done in order for the installation of
10 water lines for this property?
11 MR. TERRY : We would have to look at
12 the code but the process , we do see
• 13 letters from the Suffolk County Water
14 Authority .
15 MR. KENNEDY : And has that come in
16 this instance .
17 CHAIRMAN WILCENSKI : Not yet .
18 MR. KENNEDY : And is that something
19 that the Board will investigate?
20 CHAIRMAN WILCENSKI : Yes , we will .
21 MR. KENNEDY : Thank you .
22 CHAIRMAN WILCENSKI : Is there anyone
23 else that would like to address Alexander
24 & Tracy Sutton? Yes .
• 25 MS . LAWLOR: Hi . My name is Susan
July 7, 2014 Planning Board Meeting 161
1 Lawlor . And I am at 100 Victoria Drive on
• 2 the opposite end from the development of
3 the property that is being discussed
4 tonight . I just wanted to reiterate that
5 being on the opposite end, corner, of
6 Main Bayview Road and Victoria, we have
7 had numerous times that the road has been
8 shutdown because of flooding as well as
9 the numerous accidents that have taken
10 place on that road. When Bayview is
11 closed on that end, we have no way out of
12 the there . And if I needed an ambulance
• 13 or if I needed assistance, it' s going to
14 be real tough with that road. And I have
15 a child who is medically fragile . And If
16 I needed an ambulance or I needed
17 assistance, it' s going to be real tough
18 if I needed assistance with that road. So
19 I just wanted to reiterate, I am not part
20 of Raynor Heights . I have a piece of
21 property that is just as important for us
22 as it is for those who want that to
23 remain open . Thank you .
24 CHAIRMAN WILCENSKI : Thank you .
• 25 MS . KENDALL : My name is Beverly
July 7, 2014 Planning Board Meeting 162
1 Kendall . I live adjacent to New Bayview
• 2 extension and my concern was that the
3 dirt road, on this map -- on this
4 proposed site . I don' t see where access
5 to a driveway is and where would that
6 come in?
7 CHAIRMAN WILCENSKI : The driveway for
8 the lot?
9 MS . KENDALL : Yes .
10 CHAIRMAN WILCENSKI : They don' t show
11 it . They don' t have to show it .
12 MS . KENDALL : It' s a dirt road.
• 13 CHAIRMAN WILCENSKI : It ' s going to
14 come off the easement .
15 MS . KENDALL : So that was my question .
16 I hadn ' t realized that they own the
17 easement and that has been answered.
18 Thank you .
19 CHAIRMAN WILCENSKI : Would anyone else
20 like to address the Board on Tracy and
21 Alexander Sutton . Yes , sir?
22 MR. EISENBERG : Hi , good evening . My
23 name is David Eisenberg . I live in
24 Southold all my life . I am here with all
• 25 my neighbors to show concern of what
July 7, 2014 Planning Board Meeting 163
• 1 people are calling an easement and right
2 of way, rabbit hole . You know, I have a
3 young family and a newborn, a young son .
4 We have been here where Main Bayview has
5 been closed off . It easily becomes
6 flooded . So more importantly, right
7 across the street from me is the ( In
8 Audible) mentally disabled. Another
9 neighbor has a daycare . There is a lot
10 going on and a lot of concerns , we just
11 want to know that emergency vehicles as
12 well as our family can use the rabbit
• 13 hole without any problems . Thank you .
14 CHAIRMAN WILCENSKI : Thank you .
15 MEMBER RICH : I would just like to
16 address the situation for a minute . I am
17 the assistant chief to the Southold Fire
18 Department . I am a volunteer firefighter
19 and EMT for 34 years . We have never used
20 this road in an emergency situation, just
21 so you all know . To my knowledge . If you
22 had to get out of Bayview, this would not
23 help you because it' s east of the low
24 area of Main Bayview . If you had to come
• 25 out of Raynor Heights , you can go out ( In
July 7, 2014 Planning Board Meeting 164
• 1 Audible ) use that road overly the
2 numerous accidents that have taken place
3 on that road, when that is closed, when
4 Bayview is closed on that end, we have no
5 way out .
6 CHAIRMAN WILCENSKI : Thank you .
7 MR. EISENBERG : I certainly
8 appreciate your response in flooding .
9 There is over 40 plus homes and it' s very
10 important for us .
11 MEMBER RICH : Honestly most of our
12 rescue equipment , it is not a medical
• 13 rescue truck . We would never put a piece
14 of emergency medical equipment on that
15 road or on that rabbit hole if you want
16 to call it .
17 MR. EISENBERG : Okay . With all do
18 respect to your firefighting, I am a
19 Suffolk County Police Officer . I am also
20 a captain in the Air National Guard with
21 the Homeland Response Groups , you know as
22 well as I do, in order to make some
23 effort , you have to get to somebody in
24 need, you would make that effort .
• 25 Hurricane Irene, our only way in and out
July 7, 2014 Planning Board Meeting 165
1 was through Goose Creek. Main Bayview
• 2 Road was flooded out . We were not able to
3 reach ( In Audible) get up to Main Bayview
4 Road by using that . There have been other
5 times -- your assessment and of not being
6 a resident there , I don' t think you fully
7 comprehend. I do appreciate your
8 experience but from my experience as a
9 resident and my experience in my role,
10 that' s a way in and out and we do need
11 that , based upon what you have heard as
12 my neighbors just stated . If it was
• 13 cleared back to an appropriate level , you
14 would be able to get some emergency
15 vehicles in and out if necessary. And I
16 think you would agree with me, of all ,
17 the life above property is what we need
18 to consider .
19 MEMBER RICH : The first role of EMS
20 is to do no further damage . Since the
21 hurricane we will not put the equipment
22 out . It' s the discretion of the chief' s .
23 MR. EISENBERG : Prior to that , I
24 agree with you . There comes to a point
25 when evacuations are over and you don' t .
July 7, 2014 Planning Board Meeting 166
1 As I stated, prior to the storm and the
• 2 tides changing, we access the dirt road
3 to get over to Goose Creek to get to the
4 main road .
5 MEMBER RICH : Fine . In 34 years , we
6 never have .
7 MR. EISENBERG : Well , that needs to
8 change because it' s right there .
9 CHAIRMAN WILCENSKI : Excuse me . All
10 right . We are going to -- we have got
11 everything you said on record. We
12 understand the whole communities issue on
• 13 that road and how important this is . We
14 will look at the documents . We will make
15 sure that we come with a plan for keeping
16 that road passive and active --
17 MR . EISENBERG : Or like what the ZBA
18 had asked for considerations in there .
19 CHAIRMAN WILCENSKI : We will look at
20 the ZBA file, if that is what it said. We
21 will have to abide by that . Yes , sir?
22 MR . KNUDSEN : There is one street into
23 this community off North Bayview,
24 Victoria Drive . During the last storm,
• 25 there was a tree across Victoria Drive .
July 7, 2014 Planning Board Meeting 167
1 Now granted, I spent 48 days in the
• 2 hospital this year . If you couldn ' t get
3 an ambulance down to me, that is one
4 thing . But my wife, could get me out of
5 there by going down that dirt road . So
6 you may not be permitted to come in and
7 rescue someone, but by the same token,
8 someone can take me or a child or a baby
9 or disabled person out of that community
10 using that road. Just to clarify.
11 CHAIRMAN WILCENSKI : I will reiterate,
12 we will do everything in our powers to
13 keep that right of way open and passive
14 through the use of whatever we need to do
15 with our easement term, our easement
16 languages and that the owners are aware
17 of it . Again, I am using the code
18 enforcement, bd, once this gets approved
19 would be your phone call . They have a
20 code enforcement and they will go out and
21 make sure that this is clear for you, for
22 passage .
23 MR. SUTTON : Alexander Sutton . Hi my
24 name is Alexander Sutton . I am one of the
25 co-owners of the house . I just wanted to
July 7, 2014 Planning Board Meeting 168
1 quickly say a couple of things . We -- as
• 2 the owners of the house, when it all goes
3 through, we would be happy to comply with
4 what all the ZBA requires in terms of
5 access to the road. It is our
6 understanding, that there are
7 requirements to keep it passable . I don' t
8 recall anything about snow removal . If
9 that is part of what it was , then we
10 would have to comply with that obviously .
11 I don' t think some of the conversations
12 that have occurred, that we were going to
13 try and keep the road the way that it has
14 been, historically. I don' t know if it' s
15 always been a rabbit hole, but it' s been
16 a dirt road. It' s at least 10 or 15 feet
17 wide . It' s passable for vehicles . I have
18 never known it was plowed . I think one
19 time this winter it was plowed, it wasn ' t
20 by us . If that is part of the
21 requirement, then we could obviously do
22 that . We would take it all seriously.
23 CHAIRMAN WILCENSKI : That' s perfect .
24 That is what we will request of you of
• 25 something in writing, to request that you
July 7, 2014 Planning Board Meeting 169
• 1 maintain the easement and passable at all
2 times .
3 MR. SUTTON : I just want to say the
4 water main was in existence on the
5 property and has been there for many,
6 many years . So the water main has been
7 there for many years at this point in
8 time .
9 CHAIRMAN WILCENSKI : Thank you so
10 much for clarifying that . Does anyone
11 else have any comments on the Alexander
12 and Tracy Sutton hearing .
• 13 MS . GRIGONIS : Joyce Grigonis , 470
14 Colombia . I was rescued there because my
15 heart stopped. I don' t care if it hasn ' t
16 happened in 34 years but I would like
17 that roadway cleared enough for emergency
18 vehicles to get through because if my
19 heart ever stops again, I want emergency
20 vehicles to be able to get down there .
21 Thank you .
22 CHAIRMAN WILCENSKI : Anybody else
23 that would alike to address the Planning
24 Board on the Alexander and Tracy Sutton?
• 25 MR. KENNEDY : Tom Kennedy. Just for
July 7, 2014 Planning Board Meeting 170
• 1 consideration to leave the meeting open
2 for other neighbors who were not able to
3 make comment and be here tonight .
4 CHAIRMAN WILCENSKI : All right . Okay .
5 We are going to close the Public Hearing .
6 We are going to leave it open -- I will
7 speak after .
8 MS . MCLAUGHLIN : Keira McLaughlin .
9 Really quick . My name is Keira
10 McLaughlin . I live on 1075 Victoria
11 Drive . With respect to the proposed water
12 easement . New water lines were brought in
• 13 on Victoria Drive in front of my home
14 into the Sutton' s property . I apologize,
15 I don' t have the exact year or date, but
16 it was within the past three years . So I
17 think it would be appropriate for the
18 Board and honorable for them to research
19 whether or not that permit was necessary
20 before the new water line was brought in .
21 It was not in existence . I had my town
22 water put in 2003 and this new water line
23 was just put in a few years ago . Thank
24 you .
• 25 CHAIRMAN WILCENSKI : Thank you . We
July 7, 2014 Planning Board Meeting 171
• 1 will look into that .
2 MS . MOORE : Very quickly and briefly .
3 The Health Department requires the house
4 that is there t be connected to public
5 water . That is the line that came in to
6 the house .
7 CHAIRMAN WILCENSKI : The existing
8 home?
9 MS . MOORE : To the existing home .
10 CHAIRMAN WILCENSKI : Thank you .
11 MS . MOORE : The vacant house has to
12 be connected to water . We had to show a
• 13 proposed water line to come over the
14 easement area . The surveyor called it
15 water easement . That is what I think --
16 every time I get a subdivision, it comes
17 up with a new name . It is in fact the
18 right of way, the road. It is not a water
19 easement . It is the water line that is
20 over the Sutton' s property . The Sutton' s
21 own this road . It is a right a way that
22 every one has a right to use as we have
23 stated over and over and the Zoning Board
24 that that remain open . And that is
• 25 remaining open, it is for the community
July 7, 2014 Planning Board Meeting 172
• 1 to use it . Those that have a right to use
2 it, may use it . There is no specific
3 permission . This is what the hd required
4 of us . I think that is all that I could
5 have answered.
6 CHAIRMAN WILCENSKI : Thank you, Pat .
7 Does anyone else have any other comments
8 or anything to address the Board on the
9 Sutton Public Hearing?
10 MR . KENNEDY : Tom Kennedy. Just
11 lastly to add that you take into
12 consideration that it' s a right of way
• 13 that you actually include with the right
14 of way as opposed to a water easement .
15 And if you chose to close the meeting,
16 will you leave it open for documentation
17 purposes?
18 CHAIRMAN WILCENSKI : Yes . We so note
19 the survey for the easement language and
20 I am going to ask for a motion to close
21 the Public Hearing and leave it open for
22 two weeks to accept written comments to
23 the Board .
24 MEMBER CREMERS : So moved.
. 25 MEMBER RICH : Second.
July 7, 2014 Planning Board Meeting 173
• 1 CHAIRMAN WILCENSKI : Motion by Bill .
2 Seconded by Jim.
3 Any discussion?
4 (No Response . )
5 CHAIRMAN WILCENSKI : All in favor?
6 MEMBER CREMERS : Aye .
7 MEMBER RAFFERTY : Aye .
8 MEMBER RICH : Aye .
9 MEMBER SIDOR: Aye .
10 CHAIRMAN WILCENSKI : Aye .
11 Motion carried .
12 Thank you very much for your
• 13 patience . It has been a long evening .
14 ************************* * * *******
15 MALON INDUSTRIES, INC . AMENDED
16 CHAIRMAN WILCENSKI : Malon
17 Industries , Inc . Amended - This Amended
18 Site Plan is for the proposed
19 construction of eight ( 8 ) land-banked
20 parking stalls located north of the
21 existing parking area (near the northern
22 property line ) on 1 . 2 acres in the
23 General Business Zoning District . The
24 property is located at 32845 New York
• 25 State Route 25, plus or minus 105 ' s/w/o
July 7, 2014 Planning Board Meeting 174
• 1 Cox Lane & New York State Rt . 25,
2 Cutchogue . SCTM#1000-97-5-4 . 5 .
3 MR. CUDDY : Good evening, Charles
4 Cuddy for the applicant Malon Industries .
5 Mr . And Mrs Malon are here with me . It
6 looks like we are toward the end of the
7 evening . This is a relative simple
8 application as the Board knows . It' s 8
9 parking spaces . We very much need the
10 parking . I think we have established that
11 and these 8 spaces will be very helpful
12 to this site and certainly the neighbor
13 would appreciate it as well . So we would
14 ask that you approve it .
15 CHAIRMAN WILCENSKI : Thank you,
16 Charles . Anybody else in the audience
17 that would like to address the Board on
18 Malon Industries .
19 MEMBER RICH : Jim motion to close .
20 MEMBER CREMERS : Second .
21 CHAIRMAN WILCENSKI : We have a motion
22 to close the hearing by Jim. Seconded by
23 Bill .
24 Any discussion?
. 25 (No Response . )
July 7, 2014 Planning Board Meeting 175
• 1 CHAIRMAN WILCENSKI : All in favor?
2 MEMBER CREMERS : Aye .
3 MEMBER RAFFERTY : Aye .
4 MEMBER RICH : Aye .
5 MEMBER SIDOR: Aye .
6 CHAIRMAN WILCENSKI : Aye .
7 Motion carried .
g *** ************ ***** *****************
9 CHAIRMAN WILCENSKI : Motion for the
10 approval of the Planning Board minutes of
11 June 2nd.
12 MEMBER RICH : I make a motion .
• 13 MEMBER SIDOR: Second .
14 CHAIRMAN WILCENSKI : Motion made by
15 Jim. Seconded by Martin .
16 Any discussion?
17 (No Response . )
18 CHAIRMAN WILCENSKI : All in favor?
19 MEMBER CREMERS : Aye .
20 MEMBER RAFFERTY : Aye .
21 MEMBER RICH : Aye .
22 MEMBER SIDOR: Aye .
23 CHAIRMAN WILCENSKI : Aye .
24 Motion carried .
• 25 Motion for adjournment?
July 7, 2014 Planning Board Meeting 176
• 1 MEMBER RICH : So moved.
2 MEMBER CREMERS : Second.
3 CHAIRMAN WILCENSKI : All in favor?
4 MEMBER CREMERS : Aye .
5 MEMBER RAFFERTY : Aye .
6 MEMBER RICH : Aye .
7 MEMBER SIDOR: Aye .
8 CHAIRMAN WILCENSKI : Aye .
9 Motion carried .
10 Have a good evening .
11
12 (Whereupon, the July 7 , 2014 Public
• 13 Hearings concluded . )
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July 7, 2014 Planning Board Meeting 177
• 1 C E R T I F I C A T I O N
2
3
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5 I , Jessica DiLallo, certify that
6 the foregoing transcript of tape
7 recorded Public Hearings was prepared
8 using required electronic transcription
9 equipment and is a true and accurate
10 record of the Hearings .
11
12
• 13 Signature :
14 ssica llo
15
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17 Jessica DiLallo Donald J. Wilcenski
Court Reporter Chairman
18 PO Box 984
Holbrook, New York 11741
19
20 Date : July 30, 2014
21 RECEIVED
P. led
22 AUG - 7 2014 Q. B: ISGrn
23 Southold Town Clerk
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