Loading...
HomeMy WebLinkAboutPB-09/10/2001PLANNING 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 September 10, 2001 6:00 p.m. Present were: Bennett Orlowski, Jr. Chairman Richard Caggiano William J. Cremers Kenneth L. Edwards George Ritchie Latham, Jr. Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Chairman Orlowski: Good evening. I would like to call this meeting to order. Board to set Monday, October 15, 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. Edwards: So move. Mr. Cremers: 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. PUBLIC HEARINGS Chairman Orlowski: 6:00 p.m. - Rushin/Mottley - This proposed set-off is for 2 tots 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 Does anyone have any comment on this proposed set-off? Patricia Moore, Esq.: If you have any questions, lam here to answer them. Southold Town Planninq Board - September 10, 2001 Chairman Oriowski: O.K. Any other comments? (There were none.) Any questions from the Board? (There were no questions.) Chairman Orlowski: O.K. I will entertain a motion to close the hearing. Mr. Caq.qiano: So moved. Mr. Cremers: 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 Orlowski: Opposed? The motion carries. (The hearing was closed at 6:02 p.m.) What is the pleasure of the Board? Mr. Cremers: Mr. Chairman, I will offer the following: WHEREAS, this proposed subdivision is for 2 lots on 3.42 acres on the south side of Indian Neck Lane opposite its intersection with Parkers Landing Road, Peconic; and WHEREAS, this proposed subdivision involves two existing dwellings; and WHEREAS, this proposed subdivision received approvals from the Zoning Board of Appeals for the creation of undersized lots within the R-80 Zoning District; 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 issued a Negative Declaration on July 10, 2001; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 11,2001; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has reoeived 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 Southold Town Planninq Board - September 10, 2001 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, last amended on February 2, 2001, subject to the fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 1. Two mylars and five paper prints with the Health Dept.'s dated approval stamp must be submitted. 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. Do you have a question on that motion? Patricia Moore, Esq.: The Health Department just called. I have two mylars and three paper prints of this today. Chairman Orlowski: Just get a couple more. Mr. Cremers: You have six months to do it. Patricia Moore, Esq.: O.K. If you really need them, I11 get them. Chairman Orlowski: Any other questions? 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. - 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 to 10.36 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 I will ask if there are any comments on this lot line change? Hearing none, any questions from the Board? Hearing none, I will entertain a motion to close the hearing. Mr. Cremers: So move. 4 Southold Town Planning Board -September 10, 2001 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. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:06 p.m.) What is the pleasure of the Board? Mr. Latham: Mr. Chairman, I'll offer this: WHEREAS, this proposed lot line change in the R-80 zone is to increase the existing area of Lot #9 (24.63 acres) by an additional 28.53 acres for a total of 53.16 undeveloped acres, thereby reducing the area of Lot #5 to 10.36 acres for the purpose of preserving Lot #9 as open space, and; WHEREAS, Lot #9 will be purchased by Suffolk County and the Town of $outhold as part of a partnership effort to protect the Arshamomaque Wetlands Preserve, and: WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, conducted an uncoordinated review and made a determination of non-significance on this unlisted action, and issued a Negative Declaration on August 13, 2001; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 10, 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, last amended on August 2, 2001, subject to the fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 2. Revised deeds reflecting the changed lot lines shall be recorded and a copy filed with the Planning Board Office. 5 $outhold Town Planninq Board- September 10, 2001 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. Chairman OrlowSki: 6:10 p.m. - Monk/Brown - This proposed lot line change is to subtract 1,557 sq. ff. from a 15,273 sq. ft. lot and add it to a 9,972 sq. ft. lot. The property is located on Oak Street, 200 ff. north of Harbor Lane in Cutchogue. SCTM#1000-136-1-52 & 53 Are there any cor~ments on this proposed lot change? Richard Lark, Esq., Main Road, Cutcho.que, New York, for the applicants: If the Board has any question on it - I believe you got the ZBA determination, did you not, in your file? It was approved by the ZBA and both Mrs. Monk and Mr. Brown are here in case you do have anyquestions. I think it is very self-explanatory. Without it, the man can't get access to his rear yard without going through his house so that was the whole purpose of it. The neighbor to the east constructed a fence right up against the house so that's why the application was never made prior but now it should be. If the Board has any questions, the applicants are here, as well as myself, and I believe you have everything you need. I have pictures if you need them but I don't know if that is necessary if the Board is familiar with the neighborhood. Chairman OrlowSki: We're familiar with it. Mr. Lark: They are all undersized lots in that entire neighborhood. No one is correct in that entire neighborhood. Chairman Orlowski: O.K. Any other comments? Hearing none, any questions from the Board? (There were none.) I will entertain a motion to close the hearing. Mr. Cremers: Second. 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. (The hearing was closed at 6:14 p.m.) Southold Town Planninq Board -September 10, 2001 Does the Board have any pleasure? Mr. Caqgiano: Mr. Chairman, I'll 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 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. Mr. Caq.qiano: WHEREAS, Joyce Monk and James Brown are the owners of the properties known and designated as SCTM#1000-36-1-52 and 1000-36-1-53 located on Oak Street in Cutchogue; and WHEREAS, this proposed lot line change is to subtract 1,557 sq. ft. from a 15,273 sq. ft. lot, SCTM#1000-36-1-53, and add it to a 9,972 sq. ft. parcel, SCTM#1000-36-1-52; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 10, 2001; and WHEREAS, the Southold Town Zoning Board of Appeals granted an area variance on August 16, 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 surveys, dated June 19, 2001, 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: Southold Town Planning Board - September 10, 2001 7 1. The filing of new deeds pertaining to the merger of 1,557 sq. ft. from a 15,273 sq. ft. parcel, SCTM#1000-36-1-53, and adding it to a 9,972 sq. ft. parcel, SCTM#1000-36-1-52. 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, Mi. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:15 p.m. -Todd Buchanan Memorial Trust cio Frank Zimmer- This proposal is to subdivide a 17.5 acre parcel to set off a 15.04 acre farm lot from which 12 acres of Development Rights will be sold and approximately 3 acres retained for a residential building site. The property is located on the north side of SR 25, 382.44 ft. east of Heath Drive, opposite Narrow River Road in Orient. SCTM#1000-13-2-7.8 Are there any questions or comments on this subdivision? Hearing none, any comments from the Board? (There were none.) Chairman ©rlowski: I will entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. Cremers: 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 Orlowski: Opposed? The motion carries. (The hearing was closed at 6:18 p.m.) Does the Board have any pleasure? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposed subdivision is for 2 lots in the R-80 zone on 17.5 acres located on the north side of State Route 25,382.44' east of Heath Drive, Orient; and Southold Town Planninq Board -September 10, 2001 WHEREAS, this proposed subdivision will set off the existing residence and farm buildings on a 2.49 acre lot and create a 15.04 acre lot from which 12 acres of Development Rights will be purchased by Suffolk County and a building area of 80,421 square feet will be reserved; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, conducted an uncoordinated review, declared itself lead agency, made a determination of non-significance, and issued a Negative Declaration on September 10, 2001; and WHEREAS, a final public hearing was held (closed) on said subdivision application at the Town Hall, Southold, New York on September 10, 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 South,old have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, last amended on August 9, 2001, subject to the fulfillment of the following conditions. These conditions must be met within six (6) months of the date of this resolution: 1. Two mylars and five paper prints with the Health Dept.'s dated approval stamp must be submitted. 2. A Park and Playground Fee of $5,000 must be paid. 3. Receipt of the Suffolk County Planning Commission report. 4. Review by the Orient Board of Fire Commissioners as to need for fire well. 5. A Declaration of Covenants and Restrictions on Lot 2 shall be filed stating that there shall be no further subdivision of said lot. 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. Hearings Held Over From Previous Meeting: $outhold Town Planning Board -September 10, 2001 Chairman Orlowski: KeySpan $outhold 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 Are there any comments on this? Patricia Moore, Esq.: Is this the compressor station? O.K. I am sorry; I wasn't paying attention. Just to let you know, we have the Zoning Board approval. We had submitted to the Zoning Board and already to this Board a revised landscape plan that we hope is acceptable to the Board. The issue that just came up today - I got some questions resolved. Just for the record, there was an issue - we met with Mike Verity this afternoon to deal with Building Department issues because our next step, hopefully, is to get a building permit and start right away. He did not have a record in his file of the front yard setbacks. The Zoning Code requires a hundred foot setback but the building is at sixty something. I pointed out to him that I had dealt with that issue first thing when we were dealing with what zoning applications were going to be required, what variances were going to be required, and I had given to the Building Department an average setback calculation - Henry Smith's property, as well as the gas station property. They couldn't locate that survey. I only got one print so what I did in the mean time - we were scrambling around - I got a hold of Henry Smith and I asked Henry if he had a plot plan of his property of where the plumbing shop is and he does and I have it for this Board if you like. It's only twelve feet from the property line to the building so we have twelve feet on the one side. The gas station, I don't recall off the top of my head, but I know you have a site plan application very recently for canopies so I know that you've got something that reflects what the setback was. I know that this issue was dealt with. We took care of it but, unfortunately, the Building Department with Mike taking over, did not have - certainly had no record - I did not speak with him about it, I had spoken with Ed Forrester and I don't know if he remembers anymore. So, we're going to keep scrambling to find the map and I think at this point he will have everything that he needs just from Town records. So, the average setback was dealt with and we comply. The only variances that were required at the time was the one for the fence and this special permit which we got approval on. So, aside from that, I think everything else should have been taken care of. I will give you a copy of Henry Smith's survey for your records. Chairman Orlowski: So, was the site plan certified in the Building Department? Robert Kassner: Yes, it was. We received Mike's certification late this afternoon. Chairman Orlowski: O.K. That's all that counts. Are there any more comments on this? Mike Shannon: I have been working with Keyspan and Patricia in helping develop this second concept plan and I just have one question regarding if provisions have been made in case any of these plants would die once they are installed. There is no irrigation system that will be installed so does Keyspan have some type of plan set up that if these evergreens or any type of plantage that does go in will be replaced? $outhold Town Planninq Board -September 10, 2001 l0 Chairman Orlowski: Code says they have to maintain it. Patricia Moore, Esq.: And for the record, Mr. Kassner has in previous situations, all he has to do is call and things were replaced as required. In addition, the Zoning Board decision also required maintenance and replacement in the event of death of any plants so we are going to have a double control. So I think we will be covered. Chairman Orlowski: We have an enforcing officer that will keep a close eye on that. Mike Shannon: O.K. If not, I can call up? Patricia Moore, Esq.: Absolutely. Call Mr. Kassner. Chairman Orlowski: Ill give you his number. O.K. Any other comments? Hearing none, I will entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: 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 Orlowski: Opposed? The motion carries. What is the pleasure of the Board? Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, KeySpan Gas East Corporation is the contract vendee of the property known and designated as proposed gas compressor station, located at Route 25 and Main Bayview Road in Southold; and WHEREAS, a formal application for the approval of this site plan was submitted on April 4, 2001; and WHEREAS, this site plan for KeySpan Gas East Corporation is for a gas compressor station; and WHEREAS, this site plan was certified by the Building Department on September 10, 2001; and WHEREAS, a Special Exception was granted by the Zoning Board of Appeals on August 28, 2001; and Southold Town Planning Board -September 10, 2001 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 has determined that this action is a Type II Action and not subject to review under the State Environmental Quality Review Act, (Article 8), Part 617; and WHEREAS, a final public hearing was closed on said gas compressor application at the Town Hall, Southold, New York on September 10, 2001; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of $outhold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated May 7, 2001, and landscape plan, dated August 10, 2001, and authorize the Chairman to endorse the final surveys subject to a one year review from date of building permit. 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: 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. This hearing is open for any comment. Patricia Moore, Esq.: We would like to continue to hold the hearing open. There is still at lot of discussion going on between all the parties and we are trying to resolve all the outstanding issues. I apologize to the attorney who came all the way out here. He and I didn't talk today but we actually got a chance to go speak in the hallway and, hopefully, move toward a'resolution. Richard Matthew, Esq.: On behalf of the neighbors, we will join in the application to continue to hold the hearing open for all purposes. Chairman Orlowski: O.K. ]2 Southold Town Planninq Board - September 10, 2001 Patricia Moore, Esq.: Thank you. Chairman Orlowski: I will entertain a motion to hold this hearing open. Mr. Cag.qiano: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Mr. Edwards: Abstain. Chairman Orlowski: Opposed? Motion carried. Please note that Mr. Edwards abstained for reasons stated before. 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 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 We will keep this hearing open since we have not received everything from our Town Engineer yet. Any comments? Freddie Wachsberqer, Southold Citizens for Safe Roads: We do have a question: a key piece of this proposal is a property which has a question as to whether there is a pre- existing non-conforming usage for parking on the Snack Bar Parcel. But, in all of the months that we have been coming to the hearings, we have never had that particular aspect of it discussed and, indeed, I have finally managed to inform myself, through reading of State Law, that the only agency which is legally embodied to make a determination on pre-existing usage is the Zoning Board of Appeals. But this issue has not been referred to the Zoning Board of Appeals and I was, in fact, told because we did appeal to the ZBA to address this issue and we were told that because you were acting on a memo from the Building Department rather than a determination - because it was a memo, there could be no application for a hearing. We also saw in your files that Mr. Esseks had submitted quite a few pages addressing this issue but had submitted it to you rather than the ZBA and since the Planning Board has no authority and the Town Attorney has no authority to make the determination on pre-existing, non-conforming usage, our question is when this will be referred to the ZBA so that it can be addressed. Chairman Orlowski: Good question. We will have to ask our attorney. Southold Town Planninq Board -September 10, 2001 Freddie Wachsber.qer: Well, my understanding was because we were waiting for a response from your attorney - from, actually, the Towns' Attorney - because it's been sitting - our appeal has been sitting with him for months and we have not had any response at all. So, it seems to me that this has been going on for so long and I heard person after person tonight standing up and saying, you know, the ZBA has decided this and the ZBA has decided that and, on this most incredibly important issue, we're all for planning in this application is, in fact, on a piece of property that is presented as pre- existing, non-conforming when we have demonstrated to you, I think from the photographs we have submitted to you, that that's a very questionable assumption. I can't imagine why it has taken so long to realize that the ZBA must rule on this since it is the only body officially able to rule on it. I have found a little bit more looking around, too, since you made your Negative Declaration last time and have discovered - perhaps there is something that I missed, but it seems to me that this is the only application that has been ever accepted by this body for parking that had a ...(inaudible) on it where the numbers of parking spaces and parking spaces themselves were not drawn into the proposal. It seems to me that, from small mom and pop B&B to supermarket, there has never been approval of a site plan that was lacking the delineation of the numbers of spaces and I find that suggestive since clearly we were able to demonstrate, I think, that the amount of parking that is actually used, not only necessary but actually used, down at that site on a day to day basis, it seems the threshold for a Type I determination under SEQRA - it seems to me, it would appear to us, that the avoidance of addressing this issue to the ZBA for public hearing and the avoidance of the designation of Type I Action where it is so clearly, and as you all know or should know, if you don't know - that the threshold for SEQRA is very Iow, that they really want the intention of these State Laws - both the State Law that makes the ZBA the appropriate hearing venue for pre-existing, non-conforming and the State Law which says that there is a very Iow threshold for the determination of the SEQRA Type I Action and that a 25% increase of parking in a critical environmental area is that threshold and the threshold is clearly superceded or overcome by the number of cars that park there already. It seems to me that what is happening here is a deliberate avoidance of public scrutiny of this action - avoidance to the extent of actually subverting to very clear State Laws which are designed specifically for the purpose of allowing the public a full oversight and full participation. I know you said last time, Mr. Caggiano, that you were satisfied that you went to your consultants. The point of SEQRA, as I am sure you know, the Type I designation and the SEQRA review, is that not only your consultant in your employ, should be the final word - that anybody who wants to bring in other consultants who express perhaps a different point of view, is entitled to do that because that is protection of the public. That is exactly what is not happening here and we will look forward very much to advice as to when we can discuss this in front of the ZBA. Thank you. Chairman Orlowski: Any other comments? Thor Hansen, President of Southold Citizens for Safe Roads: Just to follow a bit more on what Freddie just said about other plans that always required the number of parking 14 Southold Town Planning Board - September 10, 2001 spaces delineated, when this Planning Board approved the site plan in 1995 for the West Lot out there, it showed 69 spaces. Now, there must have been some code that was used in coming up with those 69 so, in that case, it was required that they be shown. But in these other units for the Snack Bar Lot, they have never shown any numbers, as you know. Mr. Esseks said here one night - the ferry's lawyer - that you could not draw lines in the sand is how he put it and I think what he meant, of course, is that there has been gravel - there is gravel there now and they could not draw lines in it - there are such things as headers that you can put to delineate where each car goes - and that is a way to do it. You don't have to paint lines in the sand but those things just seem like what Freddie was saying. The other thing isn't so much something under your jurisdiction but, Ithink we all ought to keep in mind that parking out there is incredibly important and it has a lot to do with run-off and all the rest and one of the reasons that this should have been, and should be, a Positive Declaration. But lets not lose the forest through the trees because parking is one thing but the real forest in this thing is the traffic that has been generated and their consultant and, I think, your consultant has been saying oh, there hasn't been any real increase at all; there just has not been an increase. And they talk about since '96 but, I will tell you, last night I drove coming back from New York - between Southold and Orient at eight thirty at night - into a constant line of headlights coming at me. Constant. Hardly any breaks at all - just solid. And a week ago after the ...(inaudible) concert did the same drive :later - about 10:30 - the same thing. Just a solid line of lights coming at you all the way out here - all the way from Southold to Orient. So, anybody who says that the effects of over parking which is going on right now - they are parking three hundred cars - well over three hundred on weekends - over two hundred in the Snack Bar - that result of all that traffic is what we are really worried about and you ought to be. It's just ...(inaudible). I know you don't enforce these things. You come up with plans but there is a lack of enforcement. I don't know who is supposed to enforce. I walked through the West Lot. There are 69 spaces that have been approved. One Sunday morning, I counted a hundred and ten. Now, who goes out there and says there should be sixty-nine cars here, not 110. Or whenever you come to the determination on what's suppose to be in the Snack Bar Lot - whatever that turns out to be - whose going to enforce that? Those are the questions, I think, for all of us citizens to be really looking at. Chairman Orlowski: Any other comments? Hearing none, I'll entertain a motion to hold this hearing open. Mr. Cremers: I have one question. Freddie, could you tell me what section of the Stat,$ Code says about pre-existing, non-conforming? Freddie Wachsberqer: I did not make a note of that. Sorry, but I am sure if you look at the State Code you'll find it. Mr. Cremers: If you find it, could you call Bob on it? $outhold Town Planning Board - September 10, 2001 Freddie Wachsberqer: Your attorney should be able to locate it. Mr. Cremers: Well, in case. All right? Freddie Wachsberqer: Your attorney should be able to find it. Chairman Orlowski: Anything else? Mr. Cremers: That's it. Mr. Caggiano: Can I make one comment? I'd just like to say that I take a little issue with the fact that you know you said that we were not listening to other people. We have had this hearing open for many, many months. You had a consultant that we listened to twice. So, I feel kind of at ease that you would think that we were not listening to comments that were made, not only by our own consultants, but by your consultants as well. The fact that we don't happen to agree, and take our consultants opinion, does not necessarily mean that we did not listen to what your consultant had to say. Freddie Wachsberqer: That's not true. You know that if there is a Type I designation and a full SEQRA review, it is a much larger public forum and much more information is brought to bear and many more consultants are called upon and the scope is much wider and other agencies are brought into the scoping sessions which we already had once when it was designated Type I the first time around. So, what you are able to hear here is not of the extent. Plus, under Type I designation of SEQRA, the entire operation is considered and not just this piece. Not just - in other words, the whole purpose of SEQRA is to not segment it and look at it piece by piece but to look at the entire operation and this is obviously not being done when we are addressing only this particular proposal. Chairman Orlowski: Any other comments? I will entertain a motion to hold this hearing open. Mr. Cremers: So move. 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. Chairman Orlowski: Opposed? The motion carries. Southold Town Planning Board -September 10, 2001 MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings: Chairman Orlowski: Skrezec/Da¥/Leo - This proposed lot line change is to subtract 1,750 sq. ff. from a 160,830 sq. ft. lot, SCTM#1000-74-4-14.1, and add it to a 24,500 sq. ft. lot, SCTM#1000-74-4-16. Mr. Cremers: Mr. Chairman, I'll 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 in the Hamlet Business & Residential Office Zones. 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 Skrezec/Day/Leo. 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 - BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, October 15, 2001 at 6:00 p.m. for a final public hearing on the maps dated January 18, 2001. 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. Sketch Extensions: l? Southold Town Planning Board - September 10, 2001 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 Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following: WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on February 25, 1991; and WHEREAS, the Planning Board determined that the subdivision approval had expired; and WHEREAS, a new application has been received; and WHEREAS, the Zoning Board of Appeals determined on January 24, 2001 that the original variance of September 16, 1988 (Appl. No. 3744)was still valid; and WHEREAS, the Planning Board determined that since the two applications are identical, and a Declaration of Covenants and Restrictions with development restrictions was filed on March 8, 1991, the October 16, 1989 Negative Declaration is still valid; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps dated December 20, 2000 on February 12, 2001 and this approval expired on August 12, 2001; and WHEREAS, the applicant's attorney has presented evidence in support of their applicant's attempt to submit a final application; and WHEREAS, the applicant has demonstrated due diligence in pursuing the necessary approvals as set forth in his attorney's letter (Abigail Wickham, Esq., dated August 13, 2001); therefore BE IT RESOLVED that a six month extension of sketch plan approval be granted to February 12, 2002. 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. $outhold Town Planning Board - September 10, 2001 SITE PLANS Set Hearings: Chairman Odowski: 1670 House/Gordon Schlaefer- This proposed site plan is for the construction of a 5,540 sq. fi. addition to a retail furniture store. The property is located on CR 48 in Southold. SCTM#1000-55-2-23 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board set Monday, October 15, 2001, at 6:05 p.m. for a final public hearing on the maps dated August 24, 2001. 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. Chairman Orlowski: Opposed? The motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT 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. Ms. Scopaz has made a written report on her determination of what she believes. After her review, I think we'll just send that over to the Town Board. Is that o.k. with the rest of the Board? Mr. Edwards: So move. Mr. Cremers: 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. $outhold Town Plannin.q Board -September 10, 2001 There is nothing left on the public agenda. If anybody would like to make any comments on the public agenda, they can do it now. Otherwise, we'll adjourn and go into a Work Session. Unidentified Woman Speaker: I have a comment. It's about the Zimmer Property and Development Rights. Mr. Cremers: We did that. Chairman Orlowski: We did that. Unidentified Woman Speaker: It says here 6:15. Chairman Orlowski: Yes, it was 6:15. Unidentified Woman Speaker: Is it too late to - Chairman Orlowski: Do you have comments or questions? Dennis Maxmovich (?), ioint owner of the adjoining property: I do have some comments and questions. I notice it was posted - site proposal for a residence - well is located near an existing well on our property. The water situation in that area is delicate. I have a concern that an additional well could tax the capacity in that spot. Also, I would like to be certain, since this application is made with the proposal of the sale of Development Rights which I gather has not yet occurred - Chairman Orlowski: He's closed on that. He's sold it. Mr. Maxmovich (?): He has sold the Development Rights? Chairman Orlowski: He has sold it. He's not here tonight but he did call me and told rne that they had closed and he has collected his money. Mr. Maxmovich (?): There is also a seasonal cottage on the parcel .... (inaudible) Chairman Orlowski: All of these comments are being addressed by the enforcing officer. The subdivision itself is on 15 acres. I'll entertain a motion to adjourn and we'll go into a Work Session. Mr. Latham: So move. Mr. Ca.q.qiano: Second. $outhold Town Planninq Board -September 10, 2001 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. There being no further business to come before the Board, the meeting was adjourned at 6:43 p.m. Benn~ Respectfully submitted, Carol Kalin Barbara Rudder RECEIVED