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HomeMy WebLinkAboutPB-06/11/2001PLANNING BOARD MEi~IBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631)'765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES June 11, 2001 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano William J. Cremers Kenneth L. Edwards George Ritchie Latham, Jr. Craig Turner, Planner Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of - business is for the Board to set Monday, July 16, 2001, at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mr. Ca.q.qiano: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Southold Town Planninq Board Page Two June 11,2001 PUBLIC HEAI~.INGS Subdivisions: Mr, Orlowski: 6:00 p.m. - Manzi Homes at Southold - This minor subdivision is for a cluster subdivision of 2 lots on 2.863 acres. The property is located within a R-40 Zoning District and is located on the east side of Horton's Lane, approximately 848' south of the intersection with CR 48. SCTM#1000-63-1-13 Are there any comments on this minor subdivision? (There were none.) Hearing none, are there any questions from the Board? (There were no questions from the Board.) Hearing no questions, I'll entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Caq.qiano: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. (The hearing was closed at 6:02 p.m.) Does the Board have any pleasure? Mr. Cremers: Mr. Chairman, I'll offer the following resolution - WHEREAS, this proposed subdivision is for 2 lots on 2.863 acres on Horton's Lane, south of County Route 48 in Southold; and WHEREAS, there will be no further subdivision of this property; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, made a determination of non-significance, and granted a Negative Declaration on June 12, 2000; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on June 11,2001; and Southold Town Pianninq Board Page Three June 11,2001 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of $outhold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated February 17, 2000, subject to the fulfillment of the following conditions. These conditions must be met within six (6) months of the resolution: 1. A Declaration of Covenants and Restrictions must be filed preventing further subdivision, and proof of filing must be submitted to the Planning Board. 2. The park and playground fee of $10,000 must be paid. 3. The two required street trees must be planted. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Mr. Orlowski: 6:05 p.m. - Liqhthouse Road 26, LLC - This minor subdivision is for 4 lots on 10.651 acres. The property is located on the west side of Lighthouse Road, 560.66 feet north of Old North Road in Southold. SCTM#1000-54-3-26.1 Does anyone have any comments on this minor subdivision? Unidentified Person in Audience: Yes, I'd like to read a statement, if l may. Jean Cochran and the Republican Party are proposing 5 acre zoning to help keep the North Fork from becoming the Hamptons and avoid over-building on every lot. She has placed particular attention on land that is zoned Agricultural Conservation. Lighthouse Road 26, LLC - namely Joe Sawicki - is proposing to develop this 10 acre lot which is zoned A-C, Agricultural Conservation - exactly the land Jean Cochran is proposing to save. To indicate to the neighbors on Lighthouse Road that the Planning Board is willing to finalize this subdivision which consists of a cluster of four houses - Joe Sawicki's house would be a 5.378 flag lot at the rear of the property and three houses each on under-sized lots of 1.758 acres - because Mr. Sawicki is willing to give back 60 feet of Open Space - this simply doesn't wash. The 60 feet of Open Space cannot be seen $outhold Town Planninq Board Page Four June 11,2001 from the road and the only person that is affected in a positive way is Joe Sawicki since this 60 feet acts as a buffer between his house and the three houses on the under-sized lots that we all get to look at. We are asking the Planning Board to re-consider and insist that this proposed subdivision improve the cluster to more reasonable stops. Put the 60 feet of Open Space in front of all the houses. Move Mr. Sawicki's house to the front and put two houses on 2 acres, not three houses on 1.758 acres as proposed. We are unhappy about the over-building on this lot. This would add enormous noise and traffic to our neighborhood. A minimum of two cars a house is eight cars coming and going from just that 10 acres. Although this is not a political issue, those of us who have supported Mr. Sawicki over the years question the current imbalance between what is encouraged publicly and what is practiced personally with whatever in mind and respect for the environment now in second place. This is a matter of right and wrong. If Mr. Sawicki were standing in our place, he would have to, in good conscience, take the same position we have taken on this important land matter. Thank you. Mr. Orlowski: Can I have your name for the record? Unidentified Speaker: Ed Coakley. I might say something else, too. The letter of the law and spirit of the law in sending out notices about the subdivision and this Planning Board Meeting are not the same. My driveway is exactly opposite Mr. Sawicki's driveway; my mailbox is on his property, but I received no notice. I just want to make that point clear. Thank you. Mr. Turner: In answer to a number of your questions, the reason why you did not receive notice is that the notification provisions are set by State Law which says adjacent property owners including adjacent property owners across the street - you do not actually own any of the property adjacent to the property and that is why you did not receive notice. Mr. Coakley: I did say the spirit of the law and the letter of the law. I understand the issue. It's still not right. I mean, as I said, my mailbox- because of the Postal requirements - are on Joe Sawicki's property. Mr. Turner: That's something that is set by State Law. Mr. Coakley: I understand. I have a letter from another neighbor who owns a historic house and I just want to present it. Mr. Turner: To some of the other questions - it's not a political issue here. Mr. Sawicki just bought the property probably a few months ago and is not the original applicant here. Southold Town Planninq Board Page Five June 11,2001 Mr. Coakley: Right. Mr. Turner: The 60 feet is not Open Space. It's the front yard setback. When you have a flag lot, it's taken from the rear of the lot that is flagged behind and not directly from the road. Mr. Coakley: O.K. Mr. Turner: Also, the density is the same as would be allowed under the normal 2 acre zoning. The reason why those lots are 1.758 acres is just the way it fits on the property and it's supposed to be a better way than creating four two acre lots. Mr. Coakley: There, in good conscience, could be no reason that Mr. Sawicki can't take 4-1/4 acres and give ¼ acre back to each of those lots and make them true 2 acre lots. Each lot is over 10,000 square feet short of 2 acres. That's not, in good conscience, keeping with the law for the rules of Southold. Mr. Turner: That is. It's called cluster zoning. Often, we need clustering to create lots even smaller. A lot of our clusters have lots now as small as 1 acre in a 2 acre zone and the reason why is to preserve Open Space or limit the impact of development. Now, in this case, the larger lot in the rear of the parcel was created with a restricted building envelope. They don't have a building envelope set by the Zoning Code but set by the Planning Board to make sure they didn't build too large of a house or take up too much of the property to preserve some of the Open Space on the parcel. Mr. Coakley: As I say, respectfully, if any of you ladies or gentlemen lived across the street, you'd be saying the same thing that I'm saying. Thank you. Mr. Orlowski: Any other comments? Jane Pottmire: I have a question. I heard a rumor that the development rights for this ten acres was sold to the Town for six thousand dollars an acre so that it would not be built on. Is this true? And if it was, and it was bought back, was the money given back to the Town? Mr. Orlowski: No, the development rights were never sold on this property. May I have your name for the record, please? Jane Pottmire: All right. Jean Potmire. I was just concerned on an aesthetic value that the street is going to lose its charm and I think like everybody else we are really concerned in terms of what is going to happen, especially at the very front of the street - are they going to maintain the trees that are there? How far back are the houses going to be set? The aesthetics of the homes themselves - are they going to become these huge monstrosities that the builders are going to build? Are they going to be completely out of character with the rest of the street? Is there any information on that? $outhold Town Planning Board Page Six June 11,2001 Mr. Orlowski: We don't control any of that. Jane Pottmire: Including the tree line? Craig Turner: Set backs we control but the set backs ...(inaudible). Mr. Ca.q.qiano: The trees has to stay too. They do show - in the sub-division map they do show the trees along the street. The reason why is they are not allowed to cut all of those down otherwise we normally have a street tree requirement in the Town that requires one tree to be planted every forty feet or depending on different type of trees and because they show that they are maintaining some of the trees on the property, that did not have to meet the screen tree requirement. Jane Pottmire: What is the home, do you know the name of the owners all the way at the end of Lighthouse and Old North Road - they created a lovely like kind of barrier of trees. It almost appeared out of respect for the rest of the street so they are really kind of hidden back. You know that they are there but it is really quite private. I am not quite understanding I guess what you just said then. Are they - is there a possibility that they could do that out of respect for the rest of us on the street? Craig Turner: They can. They can maintain the trees to however they want. They do have to maintain a certain amount but it not quite said exactly how much as long as meet the Code requirements. Jane Pottmire: How far back are the homes going to be set? Crai.q Turner: We don't know that is up to the building owners. The building envelopes have been set. On the map we see sixty feet as the minimum set back to the front yard. Jane Pottmire: Sixty feet. Thanks. Because I think some of the other homes on the street are about one hundred and fifty feet from the adjoining properties. Craig Turner: The homeowner would have the option of doing that if they could fit the house on the lot. Jane Pottmire: O,K. And then what about the buffer zone between the houses, I guess themselves, the three in the front? I mean on the beach property line - the one point seventy five or the two acres. How much buffer will there be between the houses? Crai.q Turner: The minimum set back is twenty feet on one side, twenty five feet on the other side so that's the minimum side yard set back between each lot. Again, a lot of this all depends on where the person chooses to place the house, how big it is, what style it is. It's up to the individual that owns it. Jane Pottmire: My neighbor faxed over a letter that she wanted everyone to acknowledge. Southold Town Planninq Board Page Seven June 11,2001 Mr. Odowski: Any other comments? Douglas Stares: You had mentioned in a statement that ~ I believe he did - of this clustering of houses, you know, if the lots are less than the mandated two acres, that is a faite compile that it would fit within the framework of the Town? Mr. Orlowski: The clustering, yes. Douglas Stares: Even though there are sort of a standard set by the Town two acre minimum, and particularly, with the Town Board now suggesting five acres. Mr. Orlowski: I am not sure I follow you but - Douglas Stares: Well, there seems to be a double negative here that I don't quite understand - if there is a minimum requirement of two acres for agricultural survey. Mr. Orlowski: Well, the zoning is two acres. Craig Turner: It is a density; it is not a lot size issue. So, even with the proposed five acre zoning in a proposed cluster - so that if you have a fifty acre farm you are not going to have ten five acre lots - you will have ten one acre or ten two acre lots; the majority is preserved as farmland. That's what most of our subdivisions that say they are cluster subdivisions - meaning is by making smaller lot sizes to preserve more open space; you leave more areas that can either be farmed or the trees can't be cut down to preserve the environmental barriers. Douglas Staire: Now, as the Planning Board which is appointed by the Town of Southold, I presume you make a recommendation to the Town - is that correct - regarding this petition? Do you make a recommendation - yes or no - and if it should proceed, is there a variance required or is this the ultimate? Mr. Orlowski: No, this is it. Douglas Stares: This is it. Interesting. Ok. Thank you. Peg Murray: Hi. My name is Peg Murray and I live on Lighthouse Road. I have for about twenty-five years and it's changed so much. It's really - you know, we talk all the time about everybody wants to live out here because it is so beautiful but what is so beautiful is the space and the beauty is of nature and we don't have art museums and theaters and, you know, big concert halls and big town hall even. We just have this beauty and 1 think we have to hang on to that. I respectfully suggest this to that, you know, putting three houses on that little bit of land - it's not the houses. Of course, I am sure Mr. Sawicki has good taste. They will be lovely but it means more orange peels and garbage. It means more diapers and dirty diapers. It means more carbon dioxide from the cars. Those are the things that we don't want and that is what you get when you have a lot of people in one little place. Living there now is quite extraordinary. At least Southold Town Planning Board Paqe Eiqht June 11,2001 twice a week I have to take a garbage bag out and go up and down in front of my property and pick up cigarette things and Chinese food cartons and soda cans. People just ride up to that lighthouse and throw garbage out on, I guess, all of our property. So, I am busy being the garbage man and I do that because I care terribly about this location and how beautiful it is. And you know that museum at the end of the road is becoming very famous and people come from all over to see it and they have to go up this road and if they are piling through these Chinese food cartons and the garbage and the diapers and all that stuff and all these motorcycles, kids running up and down - and they are not kids they are almost as old as I am - they are tearing up and down the road and it really loses what we all wanted when we can here and we long to pass on to our kids. Thanks. Mr. Orlowski: Any other comments? Pat Moore: You have not needed me here. Mr. Turner has done a fine job responding to all the comments and the Board as well but, for the record, I am Patricia Moore. I am the attorney for the applicant. I do want to clarify that this was originally called the McGuinnigle Subdivision. Ninety percent of the work has already been completed. We are now at the final stages where Mr. Sawicki has acquired the property and finishing it up. So, it is understood that this has been in the works for quite some time. We are really at the tail end of finishing up the subdivision. The sketch plan, the Health Department - it's all been completed. Unidentified Speaker: With all due respect, some of us would not know this since we were not notified. Mr. Orlowski: This is not a debate. We are just here to gather information. Any other comments? Corey Donopria: My name is Corey Donopia. I live on Old North Road. I would just ask one question to you - do you take into consideration the number of homes that would be placed additional to what there are ...(inaudible) the nature of this .... (inaudible) Lighthouse to Old North to Youngs. There is a situation in the intersection of - at the base, really - of Youngs as it intersects with Old North that is quite a hazard when the rains come and freezing. I don't know if all these people are aware of that. It will continuously ...(inaudible) the problem if you increase the traffic. I talked to the Supervisor and she guarantees there will ...(inaudible) this building and these homes - the subdivision will be completed as well, otherwise, we are going to have mighty sad people. More than we have now. Mr. Orlowski: Any other comments? Jane Pottmire: I just forgot to add - it is really busy on our street. People just fly down the street they don't adhere to the speed limit. Since there is going to be a larger population on the street, they could add possibly more speed limit signs, maybe more stop signs. Just something to control the traffic because people fly down the street. The Southold Town Planninq Board Page Nine June 11,2001 woman - my next door neighbor - her partner's son whose dog got hit on Lighthouse Road because someone was just careless and going entirely too fast and it happens all the time. They just fly down the road without any respect or concern for kids, pets, people. Will that be taken into consideration since there is going to be an increase? Mr. Orlowski: That's more a question for the Town Board. Jane Pottmire: Could that be brought up by you to the Town Board? Mr. Orlowski: You'd have to take that to the Town Board. We just do subdivisions. Jane Pottmire: Only because that would additionally impact the street. Mr. Orlowski: Yes. Jane Pottmire: O.K. Mr. Orlowski: Any other comments? Hearing none, are there any questions from the Board? Mr. Edwards? Mr. Edwards: No. Mr. Orlowski: Mr. Caggiano? Board Member Richard Caggiano: I'd like to say something. I can sympathize with what you folks are saying. I feel many times the same things as you do. However, you have to understand that we are a Board that follows a Code Book and the Code Book is that thick. And if an applicant comes and meets the requirements of that Code Book, we don't have a choice but to grant them approval. So, if the applicant has been here and has met all the requirements as indicated by Mr. Turner, then we really don't have a choice. The Code Book says such and such, we have to do it if they meet those requirements. So, although many of the points you bring up are valid, sometimes that doesn't come into play if the applicant meets all of the requirements as described in the Code which we're obligated to follow. I know that probably doesn't make you feel any better but at least it's an explanation of what our job as Planning Board Members is. Mr. Orlowski: Mr. Cremers? Mr. Cremers: No. Mr. Orlowski: Mr. Latham? Mr. Latham: Mr. Caggiano has explained the law. Mr. Orlowski: O.K. I'll entertain a motion to close the hearing. Southold Town Planninq Board Page Ten June 11,2001 Mr. Caq.qiano: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. (The hearing was closed at 6:23 p.m.) What is the pleasure of the Board? Mr. Caggiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed subdivision is for 4 lots on 10.651 acres on Lighthouse Road, north of Old North Road in Southold; and WHEREAS, there will be no further subdivision of this property; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, made a determination of non-significance, and granted a Negative Declaration on March 7, 2000; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on June 11,2001; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated April 24, 2001, subject to the fulfillment of the following conditions. These conditions must be met within six (6) months of the resolution: 1. A Declaration of Covenants and Restrictions must be filed preventing further subdivision, and proof of filing must be submitted to the Planning Board. 2. The park and playground fee of $20,000 must be paid. 3. Two mylars with the Health Dept. approval stamp must be submitted. Southold Town Planninq Board Page Eleven June 11,2001 4. All of the maps and myiars must be amended to show only one set of setbacks. The setbacks shown with the building envelopes are correct, the ones written on the bottom are incorrect and should be removed. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Hearing Held Over From Previous Meetings: Mr; Orlowski: Island Health Projects, Inc, - This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCCTM#1000-9-2-6.2, with a 12,565 sq. ft. parcel, SCTM# 1000- 9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. Do you want to say a few words while the hearing is still open? Patricia Moore, Esq.: Well, actually I spoke with the attorney for the ...(inaudible) of the neighbor and I advised them that my understanding of what the Board was doing this evening was to close the hearing and we are going to properly notice it for the next July meeting. That's fine - we're all in agreement - that's fine. I am not submitting any additional documentation for obvious reasons as to this hearing and 1 will leave it up to the attorney whether or not he wants to resubmit it at the next hearing. Otherwise, we will ask that any transcripts or correspondence that you receive be applied to the July meeting. Mr. Orlowski: O.K. Anyone else? We will close this hearing and make a motion. Mr. Ca.q.qiano: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded to close the hearing. Any questions on the motion? Mr. Orlowski: All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Southold Town Planninq Board Page Twelve June 11,2001 Mr. Edwards: Abstain. Mr. Orlowski: Mr. Edwards is noted as abstaining. Mr. Odowski: Opposed? The motion carries. (The hearing was closed at 6:26 p.m.) Mr. Cremers: Mr. Chairman, I would like to offer the following: WHEREAS, the final public hearing was begun on May 14, 2001; and WHEREAS, the agent for the applicant failed to properly notify the neighboring property owners of the hearing; and WHEREAS, the Planning Board has elected to close the original hearing and set a new hearing for its next public meeting; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, July 16, 2001 at 6:00 p.m. for a final public hearing on the maps, dated February 23, 2001. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Mr. Orlowski: All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Mr. Edwards: Abstain. Mr. Orlowski: Opposed? The motion carries. Mr. Orlowski: Cross Sound Ferry- This proposed new site plan is to amend the June 6, 1995 site plan for the Cross Sound Ferry Company terminal. The subject site encompasses three parcels located on the west and east sides of SR 25 at its eastern- most terminus in Orient. SCTM#1000-15-9-10.1, 11.1 and 15.1. I am going to entertain a motion to hold this hearing open. The SEQRA document has not been reviewed completely yet by this Board and probably it should be available next week sometime. But, right now, it is not complete so we will hold this hearing open. If anybody would like to make a comment for the record right now, they may; otherwise, I will entertain a motion to hold it open. Mr. Latham: So moved. Southold Town Planninq Board Pa.qe Thirteen June 11,2001 Mr. Ca.q.qiano: Seconded. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET-OFF APPLICATIONS Final Determinations: Mr. Orlowski: John Sidor - This minor subdivision is for 3 lots on 21.97 acres. The Development Rights will be purchased by the Town on the 13.296 acres of Lot No. 3. The property fronts on the north side of CR 48 and the south side of Wickham Ave. in Mattituck. SCTM#1000-107-10-6 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this subdivision received conditional final approval from the Planning Board on May 29, 2001; and WHEREAS, all of the conditions have been met; be it therefore RESOLVED, that the Southold Town Planning Board authorize the Chairman to endorse the final surveys, dated March 7, 2001. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Final Extensions: Mr. Orlowski: Peconic Development Corp. (a.k.a. Harvest Homes, Section 2) - This proposed major subdivision is for 13 lots on 14.9 acres located on Oaklawn Avenue and Wells Avenue in Southold. SCTM#1000-70-3-22 $outhold Town Planninq Board Page Fourteen June 11,2001 Mr. Edwards: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board grant a retroactive six-month extension of conditional final approval from May 22, 2001 to November 22, 2001. Conditional final approval was granted on May 22, 2000. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Sketch Determinations: Mr. Odowski: James Georqe & Linda Schaffer - This proposed set-off is for 2 lots on 22,28 acres. Development Rights have been sold on 20 acres and there is an existing house on the 2.24 acre residential lot, The property is located on the north side of Wickham Avenue, between Mill Lane and Elijah's Lane in Mattituck. SCTM#1000-107-5- 6.2 & 6.3 Mr. Latham: Mr. Chairman, I'll offer this resolution: WHEREAS, this proposed set-off is for 2 lots on 22.28 acres on the north side of Wickham Avenue, between Mill Lane and Elijah's Lane in Mattituck; and WHEREAS, Development Rights have been sold to the Town of Southold on 20 acres of Lot 2; and WHEREAS, there is an existing house on the proposed 2.24-acre Lot 1; be it therefore RESOLVED, that the Southold Town Planning Board grant sketch plan approval to the subdivision map, dated April, 2001. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Southold Town Planninq Board Page Fifteen June 11,2001 Mr. Latham: BE IT FURTHER RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance, and grants a Negative Declaration. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Mr. Orlowski: Edward III & Monica Harbes - This proposed set-off is for 2 lots on 44.219 acres on the north side of Sound Avenue in Mattituck, west of Aldrich Lane. The lot to be set off is 1.843 acres. SCTM#1000-112-1-7. Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposed set-off is for 2 lots on 44.219 acres on the north side of Sound Avenue in Mattituck, west of Aldrich Lane; and WHEREAS, the lot to be set-off is 1.843 acres; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval to the subdivision map, dated April 10, 2001, subject to the following condition: 1. The building envelope for the lot to be set-off should be restricted to the northern end of the property because of the lot width and topography; and Mr. Cag.qiano: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Mr. Cremers: In addition: $outhold Town Planninq Board Page Sixteen June 11,2001 BE IT FURTHER RESOLVED, that the Southold Town Planning Board start the lead agency process on this unlisted action. Mr. Caggiano: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Review of Reports: Mr. Orlowski: Ernest Schneider - This proposed minor subdivision is for 2 lots on 12.3 acres and a 1.2-acre lot line change with an existing lot. The property is located on the west side of AIvah's Lane, north of CR 48 in Cutchogue, SCTM#1000-95-3-10 & 101-1- 14,3 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED, that the Southold Town Planning Board adopt the recommendation of the Cutchogue Fire Department for a fire well. Mr. Caqgiano: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Abigail Wickham, Esq.: Can we address the Board? Mr. Orlowski: Yes. Abigail Wickham, Esq.: Thank you. I'm here on behalf of Mr. Schneider. We would like to ask the Board to consider perhaps, to some extent, relieving him from the recommendation of the Fire Department since he is not doing what you might consider typical development. The one lot that currently exists, he is gratuitously making larger as far as the set-off part of the lot line change. The remainder of the property, as you know, already has a house on it. He would just like to give it to his son. He's not selling it; he's not making a development or making a prOfit. And the remaining lot, as you know, contains his greenhouse building. If your concern is with the greenhouse building, that is heated by home heating fuel. There is a propane tank there that perhaps the Fire Department was concerned about. That is strictly back-up for emergency. The main source is heat for that whole operation - heating fuel oil. There are a few chemicals stored at the property. Probably no more than you would have with a very active Southold Town Planninq Board Pa.qe Seventeen June 11,2001 homeowner and he keeps them in a building which is vented, according to regulations. The fertilizer there, again, is a fairly restricted quantity. He has invited the Fire Department to go down and take a look if they have any concerns or recommendations. He doesn't intend to build a house at this point on that third lot. He would be willing to take whatever he gets to utilize that in terms of not having to install a fire well at this point at a fairly tremendous expense until such time that he did plan on building a house on that third lot. As you know, the properties along the west side of Alvah's Lane that were subdivided were not required to have a fire well installed. I believe there was one down at the corner of Alvah's Lane and Route 48 some time ago which is near to some of those lots but the northerly lots in that group are also quite aways away and this would gratuitously benefit them at his expense and he would just like to ask you to consider- it is a recommendation. It's not going to ...(inaudible) Mr. Orlowski: Well, when it comes to fire protection and life and safety, the Board has never over-ridden any Fire District in their recommendation. You said the Fire District could come out and take a look and maybe they could come to some agreement if they did get together and go over this. Ms. Wickham: Well, I believe ...(inaudible) asked him to do that. Obviously, he and his family work there. They are more concerned than anyone about fire protection and fire safety. If there is anything they feel is not being done properly, certainly he would be willing to correct that. He recently went through a credit review where C.O.s were required and I believe that all the C.O.s required by the Town are in place on that property. It's a glass and steel building .... (inaudible) It's primarily not a flammable building. That's why I mentioned the heat source that they may have been concerned about. It was at one time propane. Right now, it's strictly back up. Mr. Orlowski: Did he remove the propane tank? Ms. Wickham: The propane tank is about the same size as you would find in a home heating system that is heated where you have a pool and a home heated with propane. It is not, according to Mr. Schneider, something that would be just in a very large commercial greenhouse. Mr. Schneider: I used to have four of them and I don't heat with propane any more and I just have three burners that are used for standby and that's all. If that's a problem, I can take the propane out. Mr. Orlowski: I would suggest - we can hold this and talk to the Fire District if that is their only problem and you're willing to take it out. Then maybe they won't ask for that well. Ms. Wickham: I'd like to ask you to give us time to do that. It seems like a really harsh result that might may be able to get waived without sacrificing ...(inaudible) are concerned. Southold Town Planninq Board Pa.qe Ei.qhteen June 11,2001 Board Member Kenneth Edwards: Why doesn't the applicant try to set up a meeting with the Fire Commissioners? They may have some other concerns that they haven't told us about. They're the professionals in the field here and not us. Ms. Wickham: Did you say they have other concerns? Mr. Edwards: No. They may have. I think if you sat down and discussed it with them - Ms. Wickham: Be glad to do that. This letter just came back. Mr. Edwards: We normally go with the recommendations of the Fire Commissioners within the districts of each hamlet when we have an application. Chairman Orlowski: We'll hold it and let you talk to the Fire Commissioners. Is that all right? Board Member Richard Caq.qiano: I have no problem with that. Mr. Edwards: I'll withdraw my motion. Chairman Orlowski: Withdraw it and make a motion to table this until the next meeting. Mr. Edwards: Mr. Chairman, I withdraw my motion and make the following motion: BE IT RESOLVED, that the Southold Town Planning Board table the matter of adopting the recommendation of the Cutchogue Fire Department for a fire well. Mr. Ca.q.qiano: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Mr. Orlowski: Ralph Pu.qliese - This proposed minor subdivision is for 3 lots on 22.76 acres. Development Rights have been sold on 14.81 acres. There is an existing house and winery on one lot. The property is located on Main Road, west of Bridge Lane in Cutchogue. SCTM#1000-97-1-12.6, 12.7 & 12.9 Mr. Cremers: Mr. Chairman, I'll offer the following: Southold Town Planninq Board Pa,qe Nineteen June 11,2001 WHEREAS, no other agencies have asked to be granted lead agency status; be it therefore RESOLVED, that the Southold Town Planning Board declare itself lead agency. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Mr. Cremers: In addition - BE IT FURTHER RESOLVED, that the Southold Town Planning Board override the Suffolk County Planning Commission's disapproval of the subdivision. The Planning Board will be addressing the County's concerns during later stages of the subdivision review. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET-OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Mr. Orlowski: Bayview Overlook at $outhold - This proposed major subdivision is for 9 lots on 24 acres located on the north side of North Bayview Road, east of Reydon Drive in Southold. SCTM#1000-79-5-20.6 & 20.7 Mr. Latham: Mr. Chairman, I'll offer this: WHEREAS, no other agencies have asked to be granted lead agency status; be it therefore Southold Town Planninq Board Page Twenty June 11,2001 RESOLVED, that the Southold Town Planning Board declare itself lead agency. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Mr. Orlowski: Dayton Farms - This proposed major subdivision is for 5 lots on 13.45 acres located on the east side of Jacob's Lane in Southold. SCTM#1000-88-1-10 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, no other agencies have asked to be granted lead agency status; be it therefore RESOLVED, that the Southold Town Planning Board declare itself lead agency. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. SITE PLANS Final Determinations: Mr. Cag,qiano: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys, last revised April 4, 2001. Conditional final approval was granted on March 12, 2001. All conditions have been fulfilled. Mr. Orlowski: Peconic Bay Winery - This proposed site plan is for a 10,515 square foot tasting building on 27.031 acres located on Route 25 in Cutchogue. SCTM#1000-103-1- 19.11 & 19.2 Southold Town Planninq Board Pa.qe Twenty-One June 11,2001 Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. APPROVAL OF PLANNING BOARD MINUTES Mr. Orlowski: Board to approve the February 12, 2001 minutes. Mr. Cremers: So moved. Mr. Capilano: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Odowski: Opposed? The motion carries. I have nothing left on my agenda. If anyone would like to put something on the record, they may speak now. Otherwise, we'll adjourn and go into a Work Session. Mr. Ca.q.qiano So moved. Mr. Orlowski: Motion made. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Southold Town Planning Board P~a.qe Twenty-Two .June 11,2001 There being no further business to come before the Board, the meeting was adjourned at 6:43 p.m. Respectfully submitted, Carol Kalin Barbara Rudder