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HomeMy WebLinkAboutPB-08/13/2001PLANNING BOARD MEMBERS 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 August 13, 2001 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano William J. Cremers Kenneth Edwards George Ritchie Latham, Jr. Vaierie Scopaz, AICP, Town Planner Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Chairman Orlowski: Good evening. I would like to call this meeting to order. The first order of business is for the Board to set Monday, September 10, 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. Latham: So moved. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? Motion carried. PUBLIC HEARINGS Chairman Orlowski: 6:00 p.m. - KeySpan Southold Compressor Station - This proposed site plan is for a natural gas compressor station. The property is located on Route 25 in Southold. SCTM#1000-70-7-5 Southold Town Planninq Board Page Two Auqust13,2001 Are there any comments on this proposed site plan? Hearing none, any questions from the Board? Mr. Caggiano? Mr. Latham? Mr. Cremers? Mr. Edwards? (There were none.) Chairman Orlowski: No questions? I will entertain a motion to close the hearing. Mr. Cremers: We want to keep it open. Chairman Orlowski: We have to keep it open. Mr. Edwards: I would like to entertain the following motion: BE IT RESOLVED that the Southold Town Planning Board hold the hearing for KeySpan Southold Compressor Station open. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. I want to let everybody know that it is because of the landscape plan I believe that they are submitting to us. Patricia Moore, Esq.: These ...(inaudible) are here and we have it. Chairman Orlowski: You have it? Patricia Moore, Esq.: Yes. Chairman Orlowski: And you are still at the ZBA, too? Right? Patricia Moore, Esq.: Yes, we still have to finish up there. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:05 p.m. - LIPA/Manor Grove - This proposed lot line change is to subtract 15,059 square feet from a 19.8 acre parcel and add it to a 6.1 acre parcel. The property is located on Route 25 in Greenport. SCTM#1000-45-1-11 & 53-1-1.1 Are there any comments on this proposed lot line change? Patricia Moore, Esq.: Well ...... (inaudible) who is the engineer for LIPA and if you have any specific questions he is here to answer them. Otherwise, it is just a straight forward lot line change application. Southold Town Planninq Board Pa.qe Three August 13, 2001 Chairman Orlowski: Any other comments or questions? Hearing none, are there any comments from the Board? Mr. Edwards? Mr. Cremers? Mr. Latham? Mr. Caggiano? (There were none.) Chairman Odowski: No further questions, I will entertain the motion to close this hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:10 p.m.) Mr, Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the Planning Board is allowing the lot line change to proceed ahead of the proposed site plan because this action will allow the applicant to purchase the property. A full environmental review of the impact of the new 69 KV electrical distribution system will be made during the site plan review; and WHEREAS, KeySpan Energy and Manor Grove Corporation are the owners of the properties known and designated as SCTM#1000-45-1-11 and SCTM#1000-53-1-1.1 located on Route 25, west of Chapel Lane in Greenport; and WHEREAS, this proposed lot line change is to subtract 15,059 square feet from a 19.8 acre parcel, SCTM#1000-53-1-1.1, and add it to a 6.1 acre parcel, SCTM#1000-45-1- 11; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, made a determination of non-significance and granted a Negative Declaration on July 16, 2001; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 13, 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 $outhold have been met; be it therefore $outhold Town Planninq Board Page Four August 13, 2001 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys, dated March 15, 2000 and December 20, 2000, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 1. The filing of new deeds pertaining to the merger of 15,059 square feet from a 19.8 acre parcel, SCTM#1000-53-1-1.1 and adding it to a 6.1 acre parcel, SCTM#1000-45-1-11. Mr. Edwards: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:10 p.m. -Bedell Cellars -This proposed site plan is for the renovation of an existing farm building for wine storage. The property is located at 36225 Main Road in Cutchogue. SCTM#1000-85-2-10.2 & 10.3 & SCTM#1000-97-1- 25.1 Would anyone here like to comment on this site plan? Bill Kelly, Morton Buildin.qs, representing Bedell Cellars: Their proposed construction or renovation was actually a building application that had been submitted to the Southold Town Building Department and it was, and is, an agricultural storage building to increase storage for the ..... (inaudible) permit. The permit was issued and upon inspection ...(inaudible)framing inspection done, insulation inspection ...(inaudible) Gary Fish discovered that the notation of case storage was on the plan that was submitted to the Town and therefore he could only ...(inaudible). So, that's where we stand. We don't know where to go. Chairman Orlowski: O.K. Are there any other comments on this site plan? Hearing none, I will entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Chairman 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. Southold Town Planninq Board Page Five August13,2001 Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:13 p.m.) Mr. Cremers: Mr. Chairman, I will offer the following: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board established itself as Lead Agency, and as Lead Agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Mr. Cremers: In addition - WHEREAS, this proposed site plan, to be known as site plan for Bedell Cellars, is to renovate a 6,100 square foot farm building for an office and equipment & wine storage; and WHEREAS, Michael Lynne is the owner of the property known and designated as Bedell Cellars, Route 25, Peconic, SCTM#1000-85-2-10.2 & 10.3 & 97-1-25.1; and WHEREAS, a formal application for the approval of this site plan was submitted on JulY 12, 2001; and WHEREAS, this site plan was certified by the Building Inspector on August 10, 2001; and WHEREAS, the Architectural Review Committee has resolved to offer no comment on construction after-the-fact on the elevation drawings; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; 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 Site Plan Regulations of the Town of Southold have been met; be it therefore Southold Town Planninq Board Page Six August 13, 2001 RESOLVED that the $outhold Town Planning Board authorize the Chairman to endorse the final survey, dated June 11,2001, and the drainage plan, dated August 1,2001, subject to a one year review from date of building permit. Mr. Edwards: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:15 p.m. - John Tuthill - This proposal is for a clustered set-off of a 0.574 acre lot from an existing 35.918 acre parcel. The parcel is located on the southwest corner of the intersection of Main Road & Rackett's Court in Orient. SCTM#1000-17-6-14.1 Any comments on this set-off? Peri Youmans: I am Peri Youmans. I work for Peconic Land Trust and I am here on behalf of the Tuthill Family with whom were are in partnership. I just would like to say that the Trust is very much in support of this project and we have been working with the family for a number of years on different conservation opportunities and alternatives that will also fit into the family estate planning. Now this set-off is primarily to separate the existing residence from the remaining farmland which is owned by the family partnership. Now, the Trust has also negotiated a Term Conservation Easement on behalf of the Town and the family. It is a five-year term easement with an option to renew and this will, at least for the next five years and maybe longer in the future, preserve over ninety percent of the property. And, at this time, we believe that everything is in order. We have the Health Department approval. I have, right now, to submit the Affidavit of Posting and the certified mailing for this public hearing and the family is prepared to submit the signed Conservation Easement at this time. I would just like to say in closing that the family has also given the Trust permission to work on preservation options for their land for the future. Chairman Orlowski: Any other comments? Hearing none, any questions from the Board? Mr. Latham? Mr. Caggiano? Mr. Cremers? Mr. Edwards? (There were none.) No further questions or comments, I will entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. Cremers: Second. Southold Town Planninq Board Page Seven August 13, 2001 Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:17 p.m.) Mr. Latham: Mr. Chairman, I will offer this: WHEREAS, the proposed set-off application is to set off a 0.574 acre lot from a 35.918 acre parcel; and WHEREAS, there is an existing dwelling on the proposed 0.574 acre (25,015 sq. ft.)lot; and WHEREAS, the property is located in the Low Density Residential, R-80, Zoning District, in which the minimum lot area requirement is 80,000 sq. ft.; and WHEREAS, the Planning Board has allowed the application to be processed as a cluster subdivision; and WHEREAS, a notation has been made to the final maps noting that 54,985 sq. ft. (the difference between 80,000 sq. ft. and 25,015 sq. ft.) must be excluded from the yield for any future development of the remaining parcel; and WHEREAS, the Planning Board has determined that access to the proposed lot may be directly from Main Road in the event that access over Rackett's Court (private right- of-way) should be precluded. WHEREAS, a grant of term scenic and conservation easement has been executed between the Town of Southold and the John B. Tuthill Family Limited Partnership on all but 0.798 acres of the remaining parcel; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated April 26, 2001, subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution: The Declaration of Covenants and Restrictions required by the Planning Board must be recorded in the County Clerk's Office. A copy of the recorded document must be submitted to the Planning Board Office. The Park and Playground Fee in the amount of $5,000.00 must be submitted to the Planning Board Office. Mr. Cremers: Second the motion. Southold Town Planninq Board Paqe Ei.qht August 13, 2001 Chairman 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. Chairman Orlowski: Opposed? The motion carries. Hearings Held Over From Previous Meetings: Chairman Orlowski: Island Health Project, Inc.- This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCTM#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. Mr. Edwards: Mr. Chairman, Members of the Board: For reasons previously stated, I would like to excuse myself from any action on this application. Chairman Orlowski: O.K. Are there any comments on this? I believe the applicant has asked to hold this hearing open until they do their review and produce more information to this Board. Am I correct in that statement? Patricia Moore, Esq.: Yes. I notified the other attorney - the Anthoine's attorney, that we were going to request an adjournment and that we would not be submitting any additional documentation tonight. Mr. Orlowski: O.K. Very good. I will entertain that motion. Mr. Cag.qiano: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Planning Board hold the hearing for the Island Health Project, Inc. open. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. (Mr. Edwards abstained.) Chairman Orlowski: Opposed? The motion carries. Chairman 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 Southold Town Planninq Board Pa.qe Nine August 13, 2001 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 and 11.1 and 15.1 I will entertain a motion here shortly to hold this hearing open but the Board is prepared to make the SEQRA determination tonight. I will ask if there are any comments while this hearing is open? Freddie Wachber.qer, Southold Citizens for Safe Roads: Since you said that you were prepared to make a determination tonight, it has seemed to me all along that there is no real choice here. The choice, it seems to me, what determination you can make is one basic fact here and that is it has been documented by counts down at the ferry that if the passenger ferry runs, it requires a certain number of parking spaces to adequately and safely accommodate the cars and if a plan were to show realistically the adequat,e number of parking spaces - which has been over three hundred at the four times we have recorded it ...(inaudible) was done - if a plan is to responsibly and realistically show that it is automatically a Type I Action under the SEQRA guidelines. So it seems to me it is not really a choice what determination to make. It is simply a matter of making the determination. I would like to address previous comments that I heard here that it would be using SEQRA as a hammer for some reason. I would like to put it to you that it would be using SEQRA exactly the way it was designed which is as a planning tool to offer the opportunity to do an in-depth evaluation which would give the Planning Board adequate guidelines within which to allow present and future development and along with the transparency that public environmental review would allow. I know you feel that it a difficult decision to make. I think it is probably difficult to go ahead and make the decision but my feeling is I would like to submit that which decision to make here is not really subject to ...(inaudible). Thank you. Chairman Orlowski: Anyone else? Thor Hanson, President of Southold Citizens for Safe Roads: Your Seventeen, July letter to us and to a long list of interested parties requested an input from us by today on the Part Ill FAF, Environmental Assessment Form, which you sent with this Seventeenth July letter. I delivered, this morning, a letter from Southold Citizens for Safe Roads to you and we have mailed off a copy to all the other addressees you had - most of which I think have probably been received - but I just wanted to paraphrase a bit of what our letter said. You got it - I don't know if you have had a chance to read it but it has to do with this whole question of whether there should be an environmental review, this Part I SEQRA, which is demanded if you determine that it should be. We think it should. Let me just read a bit of our letter to get it on the record, if I may. I submit this information to the Planning Boards consideration in connection with its review of the site plan application as requested in your letter of July 17th. This letter should be read to incorporate SCSR, our organization's, previous statements and submissions concerning Cross Sound's most recent site plan application, including those made at the July 16th hearing. In addition, we believe that much of what we have submitted to the Planning Board in the past concerning Cross Sound's previous site plan application is germane to Southold Town Planninq Board Pa.qe Ten August 13, 2001 this application as well, particularly, as it relates to traffic, water quality, and the environmental impact of Cross Sound activities and its proposed projects because this revised site plan that you are considering now - that application does not meaningfully address the environmental and other concerns raised by their previous applications. Our previous submissions concerning the environmental environment surrounding the site and how it may be affected by Cross Sound's activities and projects, we believe, should be considered by the Planning Board as you make your determination on SEQRA as well. We strongly believe what we said before that this site plan application is clearly a Type One Action Under the State Environmental Quality Review Act and, therefore, that the Planning Board, as Freddie just said, has no alternative but to make a determination that a proper environmental review must be presented for further consideration of the site plan application. Cross Sound contends that the ten reasons that your consultant submitted in '96 for having the Positive Declaration - Cross Sound contends that they no longer apply. We feel, in fact, the contrary is true. All ten of those reasons continue to be very relevant and that is why it should be a Type I issue. Just because a two and a half acre plot was removed from the previous application, to us, does not seem at all to make a difference in any of those ten reasons, really, because we still are going to have tremendous increases over what has been approved in the past. Point is that now the only parking spaces ever approved for parking out there are sixty-nine in the West Lot - that's it. There has never been, formally approved, a parking space in the Snack Bar Lot or any other place, and yet, as our consultant pointed out last time - and he was been out there twice - and at that point we have been out there four times now, all in July, four different visits and every one of those visits came up with three hundred plus cars on those lots and extra on out on Route 25. Therefore, the significant thing is what is changed without any environmental review. What has changed to say that they can park that number of cars, which they are trying to get approved now, we would think without environmental review when there is only sixty- nine been approved before. SEQRA requires that in any jump like that - what's been approved in present and previous site plans - automatically, should trigger a Type I Action. Automatically. For those reasons - I am not going to go into the details of each one of those - but all ten of those reasons really still apply, that you put in 1996 - that your consultant put in. We would say they are attempting to seek a back door approval of this dramatic increase in parking over what has been ever approved. They are operating right now in violation of those two site plans and anything that has ever been approved. They are trying to get that approved in this site plan without environmental review. We think that just should not be allowed. Thank you. Chairman Orlowski: Any other comments? Howard Meinke, North Fork Environmental Council: Good afternoon. Very quickly, almost everything that is being said here has been said before. This has dragged on for a very long time. I just want to reiterate one thing: that's a very large business to be growing and growing without ever having done an Environmental Impact Statement and been studied under the SEQRA process and it is incumbent upon you folks up there to see that anything of the size and suspected impact of a business like that does undergo proper review. I think that it is open and shut that review should be called for just as the other speakers have said. Thank you very much. Southold Town Planninq Board Page Eleven August 13, 2001 Chairman Orlowski: Anyone else? O.K. I have to tell all of you that this has been the most exhausting SEQRA Review that this Board has ever, ever, done. We have worked very closely with our consultant; we have gone over a stack of information that has to be three foot high. We have gone through a public hearing now that has been open for a year and is still going to be open after this is over. At this point in time, the Board feels that it is ready to make a SEQRA Determination. I will make the resolution: WHEREAS, the Town of Southold Planning Board received a Revised Site Plan Application from Cross Sound Ferry Services, Inc. on September 8, 2000, and WHEREAS, the overall project site is a 4.06 acre tract of land which lies in the Hamlet of Orient at Orient Point, coincident with the termination of NYS Route 25, consisting of three parcels, all zoned Marine II (Mil) zoning and in current active use as a ferry terminal for Cross Sound Ferry Services, Inc., and WHEREAS, Cross Sound Ferry Services, Inc. requests site plan approval from the Southold Town Planning Board for facility improvements on the eastern parcel referred to as the Snack Bar parcel, identified as Suffolk County Tax Map Number 1000-15-9- 15.1, and consisting of approximately 1.46 acres, and WHEREAS, the proposed application is determined to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.2 (ak) and 617.4, and WHEREAS, the Town of Southold Planning Board has reviewed the following materials and conducted the following reviews in connection with the proposed project to fully understand the site plan application and the changes and potential impacts which may result from the proposed project: 1. the proposed site plan, 2. a Part I Environmental Assessment Form (EAF), Traffic Assessment of Existing Cross Sound Ferry Services (updated March 1999, prepared by Dunn Engineering Services), 3. preparation of a Part II Environmental Assessment Form, 4. Traffic Impact Study for Proposed Cross Sound Ferry Parking Lot Expansion (September 1997; prepared by Dunn Engineering Associates), 5. Addendum and Full Environmental Assessment Form for the Revised Site Plan Application for Cross Sound Ferry Services, Inc. (May 1999; prepared by Inter-Science Research Associates, Inc.), 6. Environmental Assessment Form Part III, prepared by Nelson, Pope & Voorhis, LLC, dated June, 2001, including the traffic impact assessment memorandum dated June 7, 2001, 7. traffic data, information and input from the New York State Department of Transportation (NYSDOT), 8. independent site inspection, 9. testimony provided at public hearings on the project. $outhold Town Planninq Board Pa.qe Twelve August13,2001 WHEREAS, based upon this thorough review, the Planning Board did not identify any significant adverse environmental impacts in connection with the proposed project, and have further documented the reasons supporting this finding in a separate document identified as a Town of Southold, Determination of Significance, for this action. NOW, THEREFORE BE IT RESOLVED, that the Planning Board hereby re-affirms lead agency status in review of the subject application. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. BE IT FURTHER RESOLVED, that the Planning Board hereby rescinds any prior SEQRA Determinations of Significance which may have pertained to the project site, as related to prior site plan submissions. Mr. Cremers: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. BE IT FURTHER RESOLVED, that the Planning Board hereby adopts a Negative Declaration for the subject application, as outlined in the 7 page Negative Declaration, Determination of Significance dated August 13, 2001 setting forth the reasons for the determination. Mr. Edwards: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Like I said it has been a long, long road and we are still going down it. I will entertain a motion to hold this hearing open for more comments. Mr. Edwards: So moved. Southold Town Planninq Board Page Thirteen August 13, 2001 Thor Hanson: May I just ask what is the purpose of keeping it open if you have made your decision? What are we still going to do next? Chairman Orlowski: There are certain elements of the site plan that the Board is looking for that we've asked the applicant to produce. Thor Hanson: How can you make a decision if you don't have it? Chairman Orlowski: I'm hoping to get them by the next meeting. Thor Hanson: Yes, but you've already made a decision. You don't have them. I don't understand that. Chairman Orlowski: Regards to SEQRA. Thor Hanson: What? Chairman Orlowski: In regards to SEQRA we've made our decision. Not in regards to the site plan. Thor Hanson: So you're telling me you're going to go ahead without any environmental review. That's what you just said, right? Chairman Orlowski: We've done our environmental review and we've just granted a Negative Declaration. I'll entertain a motion to hold the hearing open. Mr. Edwards: So moved. Freddie Wachsberqer: Can I ask on what basis you ignore the SEQRA requirement that an increase of more than 25% of parking facilities in a critical environmental area, under what criteria have you ignored that? Chairman Orlowski: We have done a review with our consultant and we feel that we've made the right decision. There is a report from the consultant that you can pick up in the office tomorrow and take a look at and probably understand it better but I'm not about to read it now. Thor Hanson: This is a railroad job, Benny. That's what it is. A railroad job. Chairman Orlowski: Thor, nobody's produced (simultaneous discussion)... Thor Hanson: (simultaneous discussion)...I don't understand this. Richard Caqgiano: Mr. Chairman, may l make a comment? $outhold Town Planninq Board Pa.qe Fourteen August 13, 2001 Chairman Orlowski: Yes. Mr. Ca.q.qiano: We have been reviewing this for quite some time. We, as Planning Board Members, are not planners; we're not experts. In order to make a decision such as this, we hire people to do that for us and we hired reputable firms to review information that's been presented to us. We not only started with the initial information but, as a result of questions from Safe Roads and other concerned citizens, we've taken that information and presented that back to our consultants who then reviewed that and came up with answers. Unless someone can determine that our consultants are incompetent or that they have some sort of lack of integrity, we have no choice but, in my opinion, to go with the advice of experts that we've hired and although those opinions of those experts may be different from someone else's opinion, they're the experts that we've hired to review this. And, based on that, we've decided that the information available provided to us, that the proper cause of action was a Negative Declaration. Perhaps some of you disagree with that but my estimation, at least speaking personally, the information I was presented satisfied all the questions that I had about the project from Day One. Unfortunately, some of you may not agree with those but again - we consulted our experts and our experts have given us decisions which we based upon. The information concerning the parking of 69, we have a different opinion from our expert about that situation and the draft of his report is available for the public to read. And based upon his explanation, that's why we consider it an Unlisted rather than a Type I Action. That's my own personal opinion and I hope you can understand that. Thank you. Thor Hanson: I can't understand why couldn't we have seen this report that we're going to get to see tomorrow and make some comment on it before you make your decision. Chairman Orlowski: I have a motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? So moved. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Chairman Orlowski: Davis/Gerhard-McAIlister - This proposed lot line change will eliminate a 41,552 sq. ft. lot, SCTM#1000-109-3-2.26.20,364 sq. ft. will be added to a 41,997 sq. ft. lot, SCTM#1000-109-3-2.27, and 21,188 sq. ft. will be added to a 43,200 sq. ft. lot, SCTM#1000-109-3-2.25. The property is located on Linden Avenue in Cutchogue. $outhold Town Planninq Board Pa,qe Fifteen August 13, 2001 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated September 18, 2000. Conditional final approval was granted on January 8, 2001. All conditions have been met. Mr. Edwards: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Set Hearings: Chairman Orlowski: Rushin/Motley - This proposed set-off is for 2 lots on 3.4218 acres. The property contains 2 existing dwellings and is located within the R-80 Zoning District. Area variances with respect to lot lines, lot size and setbacks of existing buildings have been granted by the ZBA. The property is located on the south side of Indian Neck Lane in Peconic. SCTM#1000-86-7-5. Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board set Monday, September 10, 2001 at 6:00 p.m. for a final public hearing on the maps dated April 19, 2000. Mr. Cremers: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Levin, Jack - This proposed lot line change is to increase the existing area of Lot #9 (24.63 acres) by 28.53 acres for a total of 53.16 acres, thereby reducing Lot #5 from 38.89 to10.36 acres for the purpose of preserving Lot #9 as open space. The property is located on the south side of CR 48,242 feet west of Chapel Lane, Greenport. SCTM#1000-44-4-5 & 45-1-9 Mr. Latham: Mr. Chairman, Ill offer this: Southold Town Planning Board PaRe Sixteen Au.qust 13, 2001 BE IT RESOLVED that the $outhold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration for the proposed lot line change of Jack Levin. Mr. Cremers: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Mr. Latham: BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, September 10, 2001 at 6:05 p.m. for a final public hearing on the maps dated August 2, 2001. Mr. Cremers: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Sketch Determinations: Chairman Orlowski: Nicokim - This proposed minor subdivision is for 3 lots on 27.2 acres located on Little Neck Road, 92.76' south of Eugene's Road, with 201.78' of frontage on Skunk Lane in Cutchogue. SCTM#1000-97-8-(31.2-31.4) Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed minor subdivision is for 3 lots on 27.2 acres; and WHEREAS, two of the lots are more than 80,000 sq. ft., and the third contains an existing house with an 80,095 sq. ft. portion of a larger lot from which 21.235 acres of Development Rights have been sold; be it therefore RESOLVED, that the Southold Town Planning Board grant sketch plan approval to the subdivision map, dated June 25, 2001, subject to the following conditions: $outhold Town Planninq Board Page Seventeen August13,2001 1. The terms of the drainage easement must be submitted for review and approval by the Engineering Inspector and the Planning Board prior to submission of final maps. 2. The final maps should state that Development Rights to the "farm" area have been sold. 3. The final map should show dotted line between farm (development right area) and existing house lot, as this is not a separate lot. Mr. Cremers: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Mr. Caggiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board start the coordinated lead agency process on this unlisted action. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? A_~es: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Sketch Extensions: Chairman Orlowski: Orchard Acres (a.k.a. Keith Scott Morton) - This minor subdivision is for 4 lots on 17.59 acres located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4- Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board grant a retroactive six month extension of sketch plan approval from July 19, 2001 to January 19, 2002. Sketch plan approval was granted on July 19, 1999. Southold Town Planninq Board Page Eighteen August 13, 2001 Mr. Latham: Second. Chairman 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. Chairman Odowski: Opposed? The motion carries. Chairman Orlowski: Baxter Sound Estates - This proposed minor subdivision is for 2 lots on 4.65 acres. The property is located on Oregon Road in Cutchogue. SCTM#1000- 72-2-2.1 At this point, we're going to put this on hold. There are some questions that the Board has to have answered. Does anybody have any comments on this? If not, I'll entertain a motion to put this on hold. Mr. Edwards: So move. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Chairman Orlowski: Milazzo, John & Rose - This proposed minor subdivision is for 3 lots on 12.5253 acres located on Pipes Creek and bordered on the north by the LIRR track and on the west by Pipes Neck Road. SCTM#1000-53-1-9 Mr. Latham: Mr. Chairman, I'll offer this: WHEREAS, this proposed subdivision is for 3 lots on 12.5 acres on the north side of Pipes Neck Road in Greenport; and WHEREAS, the Planning Board has not. accepted or approved the proposed cluster sketch plan, last revised June 22, 2001, nor the proposed yield plan, last revised May 4, 2001; $outhold Town Planninq Board Pa.qe Nineteen August 13, 2001 WHEREAS, this property is known to contain extensive wetlands; BE IT RESOLVED that the Southold Town Planning Board start a coordinated review of this unlisted action. Mr. Cremers: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Determinations: Chairman 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. Edwards: Mr. Chairman, I'll offer the following resolution: RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act assumes lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Chairman Orlowski: Penny Lumber - This proposed site plan is for a 5,400 sq. private warehouse and a future 5,400 sq. ft. private warehouse. The property is located on the corner of Main Road and Kerwin Boulevard in Greenport. SCTM#1000-53-2-21, 25, 25.1 & 27.1 $outhold Town Planning Board Page Twenty August 13, 2001 Mr. Ca.q.qiano: Mr. Chairman, 111 offer the following: BE IT THEREFORE 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. Cremers: Second the motion. Chairman 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. Chairman Orlowski: Opposed? The motion carries. Change of Zone Applications: Chairman Orlowski: General Wayne Inn - A 3,4 acre lot, zoned Hamlet Business, located at the intersection of South Bayview Road, Cedar Beach Road and Orchard Lane in Southold. SCTM#1000-89-3-1.1. This has just come in. I don't know if the Board is prepared to make any recommendation or determination tonight. We'll hold this for review. APPROVAL OF PLANNING BOARD MINUTES Chairman Odowski: Board to approve the April 16, 2001 minutes. Mr. Ca.q.qiano: So move. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. At this point, there is nothing left on our agenda. If anybody would like to put anything on the record, they may do so now. Otherwise, I'll entertain a motion to adjourn and we'll go into a Work Session. Southold Town Planninq Board Pa.qe Twenty-One August 13, 2001 Mr. Latham: So move. Mr. Caq.qiano: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Unidentified Speaker: May l speak? Chairman Orlowski: Is this on the agenda? Unidentified Speaker: It's not on the agenda. Chairman Orlowski: O.K. Unidentified Speaker: But it deals with - Chairman Orlowski: Just give your name and step up to the podium. Unidentified Speaker: My name is Nell McShane and I am President of the Nassau Point Property Owners Association with a membership of two hundred and seventy families in Nassau Point. There is a proposal; it is with the Supervisor and Council at this point. It is being - I have been told it is being discussed informally with the Zoning Board and the Planning Board. That's the representation that was made to me. Chairman Orlowski: As far as discussion, there has been discussion by the applicant to this Board but this Board has not made any - we just listened. There has not been any decision or recommendation on anything from this Board. Nell McShane: So the fact that they have been in front of the Board - Chairman Orlowski: They were here but they spoke just so we would be familiar with the project. We are not prepared to make any kind of- Valerie Scopaz: There is no application - Chairman Orlowski: There is no application or anything like that. Ms. Scopaz: - before the Board, but what Mr. Gianos is trying to obtain Town Board support for this proposal for County legislation. That's the nature of his request and he was here for the Planning Board to explain some of what his proposal was. But there is no formal application. Southold Town Planning Board Page Twenty-Two August 13, 2001 Nell McShane: Nor has there been a Public Hearing of any type and nor has there been any ability for any citizen to express themselves as to what they think. Now, the reason for our concern is that we don't support this because it is so large that it is just going to destroy the town of Cutchogue. We believe that it will probably swallow the town because it is one hundred and sixty units and it gets into that same issue that you just dealt with with the ferry. We are talking probably upwards of three hundred cars dropped into a small community which at times is at grid lock at this point. The concern that we have is that we were advised by the Supervisor that they will make a decision tomorrow as to a preparation of a resolution that was requested by the developer which - and this is from the press, I have not attended the session - he was looking for certain tax consideration relief on the school taxes; he was looking for reduction of fees. He was also looking for a waiver of SEQRA which looks to me like it is going into your baliwick and that's a decision that you would make. My belief is that, in fact, the resolution would be prepared, again, without public hearing at this point. We're talking a decision tomorrow, that it would go forward to the County presumably with this type of a consideration with by they - I don't know if the Council can do that - whether they can waive those environmental and traffic impact requirements. My belief- and I have sat on Planning Boards for years and years in another state - that there is nothing, you can't be a little bit pressured. Once you say yes to something and you start asking for money, you have really consented the community - Planning Board, Zoning Board, anybody else that is there, really to go along with it. It really has not had any exposure whatsoever and I would be interested in your comments. Valerie Scopaz: Without speaking to the Board in connection with your question, I just want to clarify a couple of things. First off, Mr. Gianos' proposal to the Town Board is not for a waiver of environmental review. His request was whether the Board would be willing to waive the fees - or part of the fees - for the application itself - the inspection fees and any other applicable fees. They also were asking if the Town would be agreeable to a lot ...(inaudible) of the tax break relative to the size of the project. The property is zoned Hamlet Density. It was rezoned by the Town Board several years ago in response to an application by a developer, the current owner, to build luxury condominiums - apartments or condominiums - for senior citizens for units that were approximately double in size of the current proposal ...(inaudible) and one hundred and sixty units was what the Town Board and zone is allowed up to that number, assuming that they can get public water and public sewer, neither of which is a done deal and there has been no agreement about whether they can even get the - Nell McShane: Public sewer? Valerie Scopaz: There is no sewage in that part of town - like in the Village of Greenport there is sewage so if you wanted to get that density, the developer would have to provide a private sewage treatment on that site and that is an expensive proposition and the prior owner was unable to get this - $outhold Town Planning Board Pa.qe Twenty-Three August 13, 2001 Nell McShane: And, again, sometimes all we know in life is what we read in the papers so that's not the way it was presented in the press. The press did very clearly, I guess ...(inaudible) that it was a waiver of SEQRA. Valerie Scopaz: That's what I wanted to make clear. The Town Board is the Board that is making the decision not this Board. Nell McShane: O.K. Chairman Orlowski: And I know nothing about that decision and I have been here a long time and I have heard many rumors on that property and, to this Board, they are still just rumors. Even the discussion we had with the applicant was a discussion. I mean, we got all kinds of great ideas but, no, we don't waive SEQRA and we would not waiver SEQRA for anything and, you know, in regards to fees, I don't know if this Board is ever going to waive fees, other things like that. It is before the Town Board and I don't know what kind of approval they can get from the Town Board because they have to come here with an application. We have no application, like I said. I am looking at it as just a rumor right now. I haven't read the paper, but I guess I should. But it is not a formal application so I don't know how the Town Board can make any type of decision tomorrow based on approval or denial on anything. It still needs site plan approval if he is thinking a hundred and sixty units. It needs sewer; it needs water. Who is going to give them all of that? I have no idea. Who is going to waive their fees? I don't think it is going to be this Board. And as to what it is all about other than senior citizen housing - we have a lot of senior citizen housing. I think our young people needs some housing now but that is a whole other discussion and I don't want to get into it. Nell McShane: We tend to agree. We also think it is too much in one particular location. It would be best spread throughout the various communities. Not only for the benefit of not overburdening Cutchogue but also for the benefit of the people who live in those communities who would want to go. They would all have to relocate in Cutchogue, which does not make sense. Chairman Orlowski: The Board is concerned about that also because we do have seniors that need housing; we have young people that need housing. I don't think we are looking to build housing for people that don't live here already. I mean there is enough housing around for sale for those people. Nell McShane: Oh. I do think it is a very interesting question and I don't know who could explain that you are not going to be bound but, if in fact the resolution is passed and goes forward to the County and the County has two million plus that year; it's up for grabs and they make a decision say, o.k., yes, we are going to do it - is it all subject to all of your approvals? Chairman Orlowski: It has to be, to my knowledge, I don't know of any way to get around this Board. We are a separate board from the Town Board and, if it happens, will be very amazed. It has never happened before. Anyone else? We have already adjourned. $outhold Town Planning Board Page Twenty-Four August 13, 2001 There being no further business to come before the Board, the meeting was adjourned at 7:00 p.m. Ben'-~ett Ori' wsld/Jr, Ch~iYman Respectfully submitted, Carol Kalin Barbara Rudder