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HomeMy WebLinkAboutPB-10/15/2001PLANNING 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 1t971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUT£S October 15, 2001 6:00 p.m. Present were: Bennett Orlowski, Jr. Chairman Richard Caggiano William J. Cremers Kenneth L. Edwards Valerie Scopaz, Principal Planner Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Chairman Orlowski: I would like to call this meeting to order. The first order of business is for the Board to set Monday, November 5, 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. Cremers: So moved. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. PUBLIC HEARINGS Chairman Orlowski: 6:00 p.m. - Skrezec/Da¥/Leo - This proposed lot line change is to subtract 1,750 sq. ft. 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. I will ask if anyone here has any comment on this proposed lot line change? Scott DeSimone, Esq., 41780 Main Road Peconic, for the applicant: Good evening. I have the Affidavit of Posting and Mailing. Southold Town Planninq Board Page Two October 15, 2001 Chairman Orlowski: Any other comments? Scott DeSimone, Esq.: Only if the Board has any questions. Chairman Orlowski: Not right now. Are there any other comments on this lot line change? Ed Dart, one of the adjacent neighbors: Hi, everyone. I just wanted to verify that, regarding this parcel, that ten foot strip constitutes my driveway - an access to my property. I just want to be sure that, whatever this change is that is occurring, that my right to use that ten foot strip would not be at all impeded and that that use is not an access to Mr. DeSimone's client. Is that correct? Chairman Orlowski: You have access over that? Ed Dart: Yes, I do - a right-of-way over that that ten foot strip. Chairman Orlowski: If you have that, it will always stay there. Ed Dart: I presumed that but the second part of my inquiry was if Mr. DeSimone's client would have access over that strip. Mr. DeSimone: The intent of the lot line change was to prevent access from the parcel that fronts on the North Road out onto Peconic Lane. The adjoining property owner, the Days, wanted to obtain that to prevent that access so, that property will remain subject to the current easements and use that it is currently used for. So, it is going to be for residential access to those two lots. Chairman Orlowski: Has to. It goes with the property. Ed Dart: Obviously, that strip would have allowed thoroughfare between the two houses to the more commercial parcel in the back. Chairman Orlowski: Right. Mr. DeSimone: The purchaser of the lot that fronts on the North Road did not retain any right-of-access over that property so they will not have access in or out thru Peconic Lane. They have no right title or interest in that property whatsoever. Ed Dart: That's fine. I am satisfied. Thank you. Chairman Orlowski: O.K. Any other comments? Hearing none, any other questions from the Board? (There were none.) Hearing no further comments or questions, I will entertain a motion to close the hearing. Southold Town Planninq Board Pa.qe Three October 15, 2001 Mr. Edwards: So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:05 p.m.) Board have any pleasure? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, Darrin Skrezec, Julia Day Leo and Louise O. Day are the owners of the properties known and designated as SCTM#1000-74-4-14.1 and 1000-74-4-16, located on County Road 48 in Peconic; and WHEREAS, this proposed lot line change is to subtract 1,750 sq. ft. from a 160,830 sq. ft. lot, SCTM#1000-74-4-14.1, and add it to a 24,500 sq. ft. parcel, SCTM#1000-74-4- 16; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 15, 2001; and WHEREAS, the $outhold 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 surveys, dated January 18, 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: The filing of new deeds pertaining to the merger of 1,750 sq. ft. from a 160,830 sq. ft. parcel, SCTM#1000-74-4-14.1, and adding it to a 24,500 sq. ft. parcel, SCTM#1000-74-4-16. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? $outhold Town Planninq Board Pa.qe Four October 15, 2001 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Mr. DeSimone: Thank you very much. Chairman Orlowski: 6:05 p.m. - 1670 House/Gordon Schlaefer- This proposed site plan is for the construction of a 5,540 sq. ft. addition to a retail furniture store. The property is located on CR 48 in Southold. SCTM#1000-55-2-23 This plan has not been certified by the Building Department. For certain reasons, thai: has not been worked out. We will keep this hearing open but I will ask if there are any comments, right now, on this site plan. (Garrett Strang entered the room.) Garrett, I just explained that since the Building Department hasn't yet certified this plan, we are going to have to hold this hearing open. Garrett Stranq: O.K. I was going to ask to prevail upon the Board, under the circumstances, that today at the eleventh hour, we were notified by the Building Department that there is a difference in the interpretation from the original Head of the Building Department to the present Head of the Building Department as to how the original zoning application to the Zoning Board should have been written. We were going to work it out and the last conversation I had with Mike this afternoon at about three thirty or so - and I don't know if he conveyed this to you, Bob, but he said he would - that he was prepared to do a conditional certification, if you will, because everything else is fine as far as he is concerned. It is just a matter of working the particulars out on that and take it up with the Zoning Board for their interpretation, apparently, and get that resolved in the next few days. We are trying to avoid, obviously, carrying this on for another month. It has been quite some time in trying to get this part and we wanted to see if we can avoid any further delays. And we were hoping that we could prevail upon the Board to, under these particular unusual circumstances which are somewhat extenuating given the last minute aspects of this, to do a conditional on our behalf in respect to that. I know it is out of the ordinary and I appreciate that but, had we been notified of this from the Building Department a week or ten days ago, we would have dealt with it immediately and had it resolved by this evening. Mr. Cremers: Did Mike talk to you about it? Mr. Kassner: Yes. Mr. Cremers: At three thirty? Mr. Kassner: Yes. Southold Town Planning Board Page Five October 15, 2001 Mr. Cremers: And say it was conditional? Mr. Kassner: Well, he ...(inaudible). This is our resolution, not Mike's. Mr. Cremers: Did we get Health Department approval on this too? Mr. Kassner: No, that's one of the conditions. It's already conditional. Mr. Strang: Health Department is - our application with Health Department has been in July 30th' I spoke with them today. They said they are reviewing applications that came in July 24th and they would have it out within the next two weeks. Chairman Orlowski: What we will do is to hold it open and if you have everything by next Monday, we will just have a Special Meeting. Our Work Session can be a Special Meeting. Garret Strang: O.K. Chairman Orlowski: Because it will take a couple of days. Mike is not here and, you know, conditional doesn't quite fly. Garrett Stran.q: O.K. We will do everything that we can in the next couple of days to get this resolved to everybody's satisfaction. Chairman Orlowski: Any other comment on this site plan? O.K. I will entertain a motion to keep the hearing open. 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. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:10 p.m. - Laurel Links, Ltd. - The site plan application for Laurel Links consists of the Golf Course Maintenance Area and the Golf Course, which includes a club house, parking areas, a pool & pool house, tennis courts, maintenance buildings, a pump house, a halfway house and a superintendent's residence. The property is located in Mattituck. SCTM#1000-125-3-13, 15, 17; SCTM#1000-125-4-21, 24.1 and SCTM#1000-126-7-1 Southold Town Plannin.q Board Page Six October 15, 2001 will ask if there are any comments on this site plan? Charles Cuddy, Esq., for the applicants: Mr. Chairman, Members of the Board, I will hand up the Notice of Posting. As the Board's records will reflect, the ZBA gave us approval for the golf course, clubhouse, and the accessories in December of 1998. Subsequently, we filed our application here in September of 2000 and this Board granted conditional site plan approval to us. We had, at that time, an obligation to provide you with a Turf Management Program, which we did. We had an obligation to provide a Groundwater Monitoring Agreement, which we did. And, also, we had an obligation for a Stormwater Pollution Prevention Program which we had planned, which we also did. We gave all those things to you with the understanding that they ultimately would be signed. The one that is holding us up, at this point, is the Groundwater Monitoring Agreement. We now have a map; we can place on the wells to that purpose and, hopefully, we can have the Suffolk County Water Authority sign that within the next week so we can get that to you. The other documents we can sign and you will have originals in the file. We also had prepared the Declaration of Covenants and whatever is necessary to satisfy the Board, in this regard, we will also do. We anticipate all of the other approvals that we have coming, for instance, the Health Department and the DOT to come in within the next couple of weeks. We had hoped that they would be here tonight. They are not, but we understand that there is nothing holding us up; it's just the administrative process it's ...(inaudible) to get us the permits. So, we expect all of those things to be done. I would point out to you, tonight, that Mr. Abrams - Dr. Abrams - who prepared the Turf Management Program with another professor at Cornell, is here. I would like him to address the question of both the Turf Management Program and the Groundwater Monitoring Agreement so that people can understand, actually, what the concepts are and why they are important. I would also point out to you that, tonight, are here - Mr. Schufoud (sp.?) who is the Golf Course Superintendent, Mr. Pac (sp.?), Mr. Saland on behalf of Laurel Links, and Howard Young and Tom Wolpert who also are here as the designers and engineers of the site plan. I have to leave; I have a personal family problem and so I am going to go, but 1 would like before I go, to have Dr. Abrams address the Board on both the Turf Management and Groundwater Monitoring Plan. Thank you. Dr. Ron Abrams, Drew Associates, Glen Cove: Good evening. I have been the Environmental Science Consultant for this project from its inception. Golf Course Architect, Chelly, Blake, Moran (sp.?), decided at the outset that he would follow state of the art technology and have me arrange with Dr. Petrovich from Cornell University for an Integrated Turf Grass Management Plan to be prepared for the project. And, briefly, what that involved was site specific soil sampling and analysis of the hydrology so that Dr. Petrovich could prepare what amounts to a mathematical chemical formulation. That is a detailed plan which has been submitted and reviewed by yourselves and your consultants in which the program for managing the health of the turf, including its' growing, its' establishing, its' long range protection from pests, such as weeds and $outhold Town Planninq Board Pa.qe Seven October 15, 2001 insects, and general care taking of the turf, including measures for inspecting and managing and identifying when it is necessary to make applications of chemicals, with the main objective of putting only that which is necessary on the turf in order to produce the product that is required for the golf course. This plan includes both a chemical and a non-chemical approach. Dr. Petrovich always recommends using methods that minimize the amount of chemicals used. The simple purpose for that - his clients and my clients like not to spend any more money on management than they have to. The formulation that Dr. Petrovich has generated calculates precisely how much material must be placed so that the plants get just what they need - not more than they need, not less than they need, and so there are no residues left either in the soil or in the groundm water. His studies involve an Environmental Risk Assessment and, from that, are identified parameters which should be identified when one is testing local soils or groundwater to monitor after the project has begun for the purpose of making sure that there are no releases of damaging chemicals into the groundwater. The Monitoring Plan, which was devised based on information from Dr. Petrovich's work and from my analysis of the site, is one that was reviewed by the County, the County Water Authority, and, of course, by the Town and its' consultant and in that plan is a specific scheme for routine testing and, if necessary, emergency testing. The scheme provides for a response protocol so that if something is found in the groundwater in one of the tests, there is a specific procedure in which the Town and any other agency involved now knows what will happen at each step. It is a step-wise procedure. The idea being lets find out - if we get a test back, one of the routine periodic tests or seasonal tests, that shows some sort of chemical, what has been happening in the mean time is that the Superintendent has been keeping precise records of how much he applied of what type of chemical so that if we get a test result that does not look good, we compare it in his system of application and his specific applications in recent weeks or months and we look to see if there is a correlation and, of course if there is, then we go to the next step which would be further testing with the objective of either preventing the problem again by better control of the application or, if the science indicates, elimination of the use of that chemical on the property. That rarelY happens because we think that we have analyzed the site soils and hydrology sufficiently enough so that we know what will and won't happen. But, the Monitoring Program is there to protect the groundwater and the neighborhood from the eventuality that something might happen to the extent that if a chemical is found to be a problem, it will be removed from application and not be allowed to be reused unless the solution is made obvious to all the parties involved. On this project, let's make the point that the County Water Authority has paid particular attention because they do have a strong interest in that area. They have some supply wells in the vicinity and we were required to take a look at the relationship between the site and those supply wells and satisfy the County that there is no real threat from the golf course to the supply wells. As a matter of fact, the groundwater flow direction takes the site's groundwater away from where the supply wells are. As to wells in the neighborhoods, the Monitoring Program is designed to sample the groundwater. The groundwater is a layer of water that lies under the surface. It is fairly uniform in sandy soils like the area around the site and so that if the monitoring wells positions are selected properly, as Charles Cuddy referred to, they will be statistically and hydro Southold Town Planninq Board Page Ei.qht October 15, 2001 dynamically indicators of the whole area. We don't need to put a hundred wells out; we only need to place the few select test wells correctly to capture the direction of ground- water flow and the potential for variation from that. And we will be doing that work in the next week and, of course, your own consultants and the County will take a look at what we propose and make recommendations for adjustments. I think that's a good summary and I would welcome other questions, if there are any. Chairman Orlowski: I will ask if there are any other comments or questions on this? Anyone else have anything they would like to say? Mike Fruen, 1550 Delmar Drive: It is my understanding, from what Mr. Cuddy says, that these wells are not in place at this time. Is that a true understanding? Chairman Orlowski: Right. Mike Fruen: What correct scheme that he said he would have to compare against, or a procedure that he would have to compare against, if these wells aren't in place - the lawn behind my yard is pretty much set. It is pretty much all green behind my yard so they must have used some type of chemicals, at this point, to get that lawn so green and healthy. Now, I don't know what they are comparing this against. The Town's great what they are doing once they get these wells in, but these wells are not in and it's pretty much all green behind my yard so I would have to assume, strongly assume, that they are using chemicals at this point. So, what are they comparing this against? There are no wells according to Mr. Cuddy. Chairman Orlowski: I don't know why your lawn turned green. Is that the only lawn that turned green in the whole neighborhood? Mike Fruen: Not my lawn - the golf course lawn. All the golf course behind my yard is green. There is irrigation - it's green, it's beautiful. If l were to give a compliment, I would say it is definitely beautiful but, right now, I am worried about my family. There are no wells according to Mr. Cuddy and I think it is a shame that you put the effort towards making a golf course look great but not looking out for the people who live behind it. I don't know if that is a violation or not. I don't know if you know but I would definitely think so. If there are no wells, you have nothing to compare it against. When are you going to put the wells in - when the golf course is already done? And then you are just going to maintain it - you are just going to do maintain wells or are you going to put something in to start it off with? That should have been the first thing done in my eyes. I live behind the course. Chairman Orlowski: Do you want to answer that question? Dr. Abrams: Sure. In the first instance, there are some existing wells on the property from the former agricultural activity. That's where we did testing during the environmental review process to provide background data for an understanding of the site typology and the soil and water quality. What we are in now is the grow-in period Southold Town Plannin.q Board Pa.qe Nine October 15, 2001 and perhaps I can have Bill Schaufer (sp.?), the Golf Course Superintendent, explain what he is up to now and what his future plans are with respect to managing the early grasses and moving into the integrated turf grass management part. Bill Schaufer: I can do that. I am not a public speaker. I will do the best I can though. My name is Bill Schaufer. I am the Golf Course Superintendent. To date, I have used nothing other than organic fertilizer which consists of poultry manure and that is strictly the fertilizer source that we have used to this point. As far as chemicals, if you consider that a chemical, then that is what I have used. Other than that, nothing else. Chairman Orlowski: O.K. Any other comments? Bill Schaufer: And I have records. Mike Fruen: Is there - he mentioned he has records. Are there records with the DEC, Suffolk County Water Authority - I don't know who would be in charge of this to make sure the procedures are done correctly. I am sure these guys are professionals with building the course. It seems like they are doing a nice job back there but I am sure they would have to follow certain procedures for getting these wells in. Are these wells being done late, and if they are, why are they being done late? He sounds like an honest man but I am not ready to gamble when it comes to my family who is honest and who is not. It just seems like these wells should have been done immediately before this golf course even started so they have something to monitor. Are there records? Is there someone I can speak to? Chairman Orlowski: There are no records now and there are no wells in place right now. I assume that it would have been a question from the Board tonight. The location of these wells has not yet been decided. The testing of these wells will be done by the Water Authority who has the most concern about the water down in that area. They do have one of the best testing labs in the nation, even better than the Health Department if that makes you feel better. But, that is all I know right now. I don't know where these wells are going to go but I know they are going in shortly. Am I right? Two weeks? Dr. Abrams: We will submit the map to the Town and the Water Authority - let me explain. Just to answer the gentleman's question - the State has jurisdiction over such things as the Stormwater Management Plan which we have been complying with. The application of chemicals and management of the site is actually under the Town's jurisdiction and all of our documents have been addressed to the Town and the Town coordinates with the County. The records that Bill referred to, that he keeps, are actually part of a commitment that we made to the Town thru the environmental review process that they would be, they would have access to all of our records visa vie the stormwater, drainage, chemical applications, turf grass management and there is a protocol so that they can request almost anything, I suppose - I have not seen a limitation to it and the Manager or Superintendent would share his information with them. $outhold Town Planninq Board Page Ten October 15, 2001 As to your concern for dangerous chemicals, those would only begin to be used after the grass has grown in because there is nothing to treat at this point. Again, Dr. Petrovich's Plan emphasizes visual inspection. He is not going to spray chemicals whether it is needed or not. He is going to keep an eye on the turf according to specific protocols and use only those chemicals that he needs when he sees a problem - a weed, indications of an insect or a fungus and, of course, since the turf is brand new, he has not got any of that yet. And, of course, the wells will be done. We will submit the map with our proposed locations of the wells to the Town and we will coordinate with the County. That should be done within a matter of days and then, when they give us authority, we will have the wells put in and the first background set of tests will be taken. There will be a full series of tests taken at the outset because we want to know where our starting point is so that we can, if anything changes, we will have the original reference point. Chairman Orlowski: Any other comments? Mike Fruen: I have one last comment. He said the danger is when the grass is already developed. The grass is developed around the house. There are a lot of portions behind the house. There are some portions that are undeveloped but there are a lot of portions that are developed. So, once again, that is my concern. I will leave it at that. Chairman Orlowski: O.K. I think what he is stating is there will be no chemicals used until after the grass has established itself. Valerie Scopaz: I would like to add one thing. My understanding is that in the covenant, with the Groundwater Monitoring Agreement, that the Water Authority who will be doing the testing on the water - what we can do with that is - those records - is that a copy automatically be sent to Town Hall for the purpose of being on file ...(inaudible). Mike Fruen: When is that going to take place? Like I said, this grass is already starting. Valerie Scopaz: Well, the Monitoring Agreement goes into place once it is signed off- I believe it is quarterly, so we assume the beginning of next year, January - four times a year. Mike Fruen: But there has been no monitoring from this point. From this date, there has been no monitoring whatsoever. Chairman Orlowski: No. Valerie Scopaz: I don't know. I would have to ask. I don't know if there has been. Mike Fruen: O.K. That's my biggest concern. There is nothing to compare against. There has been no monitoring, and yet, the course does look beautiful. That's my biggest concern. I understand it's going to be monitored and they have a great procedure and scheme. That sounds great but the grass is green behind my house, at Southold Town Planning Board Page Eleven October 15, 2001 that course, at this time and there has been no interest in monitoring at this point. That's my concern. I do have two kids. We use that water. We take showers with that water. We drink that water. That is my concern and, once again, this is the second meeting that I went to and no one has given me any answers as far as monitoring. There has not been any monitoring. There has been no testing. Valerie Scopaz: If I could answer two things. One is, as the consultant mentioned, the agricultural wells that are already on the property were used to test the quality of the water for the initial environmental analysis. There is that base line to start. Second thing is, I don't know if you are aware of this, Suffolk County Department of Health will test your water if you are concerned ...(inaudible) and I suggest to you that if it is really bothering you, call them up. You can call my office tomorrow morning if you need the phone number. Call them and ask them - look, will you come and test my water because I am concerned about that specific thing and they will come and they will test the water for you and I suggest you do that. I mean, it is your taxpayer dollars and do it. I believe you can ask every couple of years ...(inaudible). Mike Fruen: O.K. Thank you. Frank Carlin: Good evening, ladies and gentlemen and the Planning Board. You all know me probably from Laurel. I usually don't make Planning Board Meetings. My main interest is Town Board but I am here tonight for a good cause and that is Laurel Links. I've seen that area for forty-seven years, and that's the amount of time that I have lived there, and I never realized that some day there would be such a beautiful golf course being built. When it is complete, I know it is going to add some sparkle to Laurel and it is also going to benefit the Town by income. I'd rather see this 235 acres - or approximately what it is - being used as a beautiful golf course than being used as open space, doing nothing - probably growing wild and trees. I mean, it's a lot more beneficial to have this golf course than it would be ...(inaudible). I also would like to wish David Saland and the Board of Directors all of the luck and success in their project. I walk back there practically almost every night and check out what is going on. Believe me, they are doing a good job and I enjoy it. I know I am going to drift off with what I am going to say now but, like I said, I don't make many Board Meetings and this is going to be what 1 should have done six years ago. I want to thank the Planning Board, back in 1995, for giving the final approval for' the McDonald's in Mattituck. It took me six years but I am here to do it tonight and also because if you did not give the final approval, we would never have had the McDonalds. I fought it for five years and we finally won but it is a shame - like I said to the Town Board - it's a shame that man cannot have his little four by five foot hole in the wall for a drive-thru window. That would benefit a lot of people and also the seniors. But, I guess, a half a loaf of bread is better than nothing and that is the only fast food restaurant we have on the whole North Fork. And that is also a beautiful facility along with the Laurel Links Golf Course, which will be in the future. Thank you. Southold Town Planninq Board Page Twelve October 15, 2001 Chairman Orlowski: Thank you, Frank. Just to let you know, this Board does not make decisions on drive-up windows. Frank Carlin: I know, I know but I wanted to thank you for your ...(inaudible). Patricia O'Brien, 5000 Peconic Bay Boulevard, Laurel: I, too, think that Laurels Links will be a great benefit to our community. I have one concern, however, and that is the second entrance or exit - the emergency exit that is on Peconic Bay Boulevard near where I live. I don't know if you are familiar with Peconic Bay Boulevard in that area but it is a narrow road. A lot of people walk, push baby carriages, ride bikes, and so forth and the cars speed, regardless of the thirty mile an hour speed limit, and I think, as a matter of public safety, it would not be advisable to have that second entrance used for anything but emergencies. And, as I understand it, I did not attend any of the other meetings because I was assured when I called the Town Hall that that gate would be kept locked and would only be opened for emergencies. But then, it was my understanding that, at the October first meeting, during that day a memorandum went from the Planning Board Office to the Zoning Board to clarify their statement which said that it would only be used for emergency vehicles and not for any public or private use. But the clarification of that was that the Superintendent could use it for his own family's use and I don't understand why there was a change on that clarification. I just wondered if somebody could explain that to me because I and the neighbors are very concerned that if the Superintendent uses it for his own personal family use, then the friends - the gate is going to be unlocked and it will be used. Chairman Orlowski: Well, I think this was well discussed at the last meeting and the gate will be locked and somebody has to hold the key and it will be the Superintendent. He will have one house back there and it is one house on a hundred and fifty-seven acres. It could be many more houses coming in and out. I think they need the access for emergency access and the Superintendent, himself, will probably use it to get in and out. And the gate is going to stay locked. That's what we have been told. Most likely, he will probably go out the other way but somebody has to hold a key to the gate. You need that emergency access. Patricia O'Brien: I understand that he has to hold the key but to allow his family use, you know, everybody is going to be related to him before we know it and that was not the provision that the Zoning Board passed - not the provision that they gave when they gave their variance. Chairman Orlowski: That's exactly why we asked for a clarification and the clarification stated that the Superintendent would be allowed to use it. Patricia O'Brien: Even though their provision said, clearly said, that it would only be for emergency use? Chairman Orlowski: They also meant for the Superintendent. $outhold Town Planninq Board Page Thirteen October 15, 2001 Patricia O'Brien: Thank you. Chairman Orlowski: Any other comments? Ralph Bartolucci, Peconic Bay Boulevard: I was here at the October One meeting and I am looking at the Findings, Deliberations and Determinations of the Regular Meeting, dated December 10th, The date of the public hearing was October 15th and December 10th, These are findings of a public meeting. That's a determination and the paragraph that is very, very clear, which was also commented to me by various people including the Town Engineer when I called, he says it is absolutely a locked gate - not to be used for public or private use, and he quoted a paragraph: "No construction or work vehicles shall use the proposed emergency access and emergency access shall only be used for fire and other emergency purposes." In brackets: not for general public or private use. Close the bracket. Now, I can't see how a determination of fact, after a public hearing, can be interpreted when it was questioned when I went in to see Valerie that Monday, which was the date of your last meeting - I think Valerie tried to get clarification - I can't see how the Zoning Board Chairman can give you the change of a fact when it is stated so clearly. Now, I have asked that question of the Town legal attorney - the attorney - and he was suppose to get back to me. Now, I talked to him last week and he said he would research and get back to me. Is he here tonight? Chairman Orlowski: No. Ralph Bartolucci: Now, generally speaking, the attorney should be - my experience is that the attorneys are usually present. Now, this is a statement of fact and I can't believe that it could be changed other than by having another public hearing where everyone in the public has got to be heard. That's input - not what one person thinks just because the Chairman might think he can do it. I don't think he can based on the fact that that is the determination of fact that was documented after that last meeting which goes all the way back to 1998. Now, that was the basis for, I assume, granting various approvals from the Zoning Board. I don't see how you can make that change and I don't think this Board can accept that and act legally. Chairman Orlowski: O.K. Any other comments? Ernie Fox, 340 Birch Drive: I just wanted to let you know that nothing has changed with the access going on to the golf course from Birch Drive. It's still there. I am not happy. Chairman Orlowski: O.K. You do understand it will take a resolution from this Board to lock this plan in place. That is what we are striving for. Once that plan is locked in place, they cannot use it. Ernie Fox: They are still using it though. There are vehicles going up and down. Chairman Orlowski: We are going to stop that. Southold Town Planninq Board Page Fourteen October 15, 2001 Chairman Oriowski: Part of the resolution should make it very clear. We will make sure that it is in there. Thank you. Ernie Fox: I will just become a very friendly face, you know. If it doesn't change, you and I will be stuck together like glue. Chairman Orlowski: That's o.k. I will tell you where I live. Anyone else want to make a comment? Hearing none, does the Board have any comments? (There were none.) O.K. Right now, there are some items missing that the applicant has not provided us. We are going to entertain a motion to keep this hearing open. Mr. Caggiano: So move. Mr. Edwards: Second. David Saland: Charlie Cuddy had to leave and he asked me to ask you to close the hearing at this time. Whatever conditions we have not met, we would be happy to meet and we ask for a conditional final site plan at this time. Chairman Orlowski: We are going to have to talk to the Town Attorney. There have been some comments brought up that we have to talk to him about. The Board does not feel comfortable right now to close the hearing. O.K. Hearing no further comments, I will entertain a motion to hold this hearing open. Mr. Edwards: You have one and I seconded it. Chairman Orlowskh Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Oriowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Odowski: 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. f. 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. Is there anyone here who would like to make a comment on this application? If not, I am going to entertain a motion to hold this hearing open. Mr. Cremers: So moved. Southold Town Plannin.q Board Page Fifteen October 15, 2001 Mr. Cag.qiano: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Chairman Orlowski, Mr. Caggiano, Mr. Cremers. Mr. Edwards: I abstain for reasons previously stated. Chairman Orlowski: Opposed? 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 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 Again, we will hold this hearing open because we have not yet received final plans with the new engineering calculations on them. Mr. Orlowski: Anybody want to make any comments? Hearing none, we will have a motion to keep this hearing open. Mr. Edwards: So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Odowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET- OFF APPLICATIONS Setting of Final Hearings: Chairman Orlowski: Rothberq/DeGraff- This proposed lot line change is to subtract 44,800 sq. ft. from a 90,113 sq. ft. parcel, SCTM#1000-112-1-12, and add it to a 178,082 sq. ff. parcel, SCTM#1000-112-1-13, and to subtract 45,313 sq. ft. from the same 90,113 sq. ft. parcel, SCTM#1000-112-1-12, and add it to a 91,366 sq. ft. parcel, SCTM#1000-112-1-11. Southold Town Planning Board Page Sixteen October 15, 2001 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board set Monday, November 5, 2001 at 6:00 p.m. for a final public hearing on the maps dated August 13, 2001. Mr. Edwards: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Odowski: Opposed? The motion carries. Sketch Determinations: Chairman Odowski: Ghassemi, $¥ & Catherine - This proposal is for a cluster set-off of a 1.087 acre lot from a 32.8503 acre parcel. The property is located on the north side of Main Road, 831.67' west of the intersection of Main Road and Rocky Point Road in East Marion. SCTM#1000-31-1-1. What is the Board's pleasure? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposed cluster set-off is to set off a 1.087 acre lot from a 32.8503 acre parcel; and WHEREAS, this parcel is located within the Low-Density Residential R-80 Zoning District; be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map, dated September 24, 2001, with the following conditions: 1. The area of the right-of-way located within Lot 1 must be indicated. This area shall not be included in the yield calculation for Lot 1. 2. Lot 1 has been designed as a clustered lot. Therefore, a condition must be placed on Lot 2 that the yield for this lot must be determined by first excluding the reserved subdivision area. (The exact area is to be determined upon calculating the area of the right-of-way, and excluding such from the 80,000 square foot R- 80 requirement.) The exact amount of land to be excluded from the yield of Lot 2 is to be noted on the map and in a Declaration of Covenants and Restrictions. Southold Town Planning Board Page Seventeen October 15, 2001 Lot 1 includes a house, garage, barn and dilapidated cottage. The dilapidated cottage must be removed. This must be shown on the map and included in a Declaration of Covenants and Restrictions. Lot 2 is accessed by a right-of-way over Lot 1. Any further subdivision of Lot 2 will require improvements in accordance with the Town Highway Specifications within this right-of-way. 5. The sketch plan shows a 25' right-of-way within Lot 2. Since this right-of-way does not exist, the designation should be eliminated. As of this date, the applicant and the County have not entered into a contract for the Sale of Development Rights. A notation in regard to Development Rights should not be included on Lot 2 unless such a contract has been negotiated. If a contract is negotiated, the area proposed for the Development Rights Purchase should be shown on the final map. 7. A common curb cut within the 25' right-of-way on Lot 1 is to be used to provide access to both Lot 1 and Lot 2. All other curb cuts are to be eliminated. 8. The final plat must be prepared at a scale of 1:100, or an insert at this scale must be provided. 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. Chairman Orlowski: Opposed? The motion carries. Mr. Cremers: In addition - RESOLVED, that the $outhold Town Planning Board start the lead agency coordination process on this unlisted action. 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. Chairman Orlowski: Opposed? The motion carries. $outhold Town Planninq Board Pa.qe Eighteen October 15, 2001 Chairman Orlowski: Niamonitakis, Michael - This application is for both a set-off and a lot line change. The set-off is to set off a 1.253 acre lot from a 18.756 acre parcel. The Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot. The lot line change between M. Niamonitakis & R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot. The property is located on the south side of Main Road, East Marion, SCTM#1000-31-6-28.1 & 29 Mr. Ca.qgiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed set-off is to set off a 1.253 acre lot from a 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set- off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; and WHEREAS, this property is located within the Low-Density Residential R-40 Zoning District; be it therefore RESOLVED that the Southold Town Planning board grant sketch approval on the map, dated July 24, 2001, with the following conditions: A building area has been designated for Lot 1. Access to the building area for Lot 1 and to Lot 2 is over a 25' right-of-way from Main Road. A common curb cut and common driveway for both Lot 1 and Lot 2 must be shown on the final plat. A Declaration of Covenants and Restrictions must include terms for access, construction, maintenance and improvements for the common driveway. In addition, curb cut approval must be obtained from the NYS DOT. The sketch plan shows the entire frontage along Main Road as being within the proposed right-of-way area. The right-of-way must be revised to be 25' in width. The remaining area, which includes frontage along Main Road, is part of Lot 1, but is not proposed to be part of the Development Rights Sale. It must be noted on both the map and in a Declaration of Covenants and Restrictions, that this area is part of Lot 1, and shall not be separated from such lot in perpetuity. The final plat must show the lot line change in proper lot line format. The existing lot must be shown with a dotted line. The area of the existing lot, the area to be merged with the existing lot, and the area after the lot line change must be indicated. In addition, the owner of the existing lot must be part of the lot line change application. Southold Town Planning Board Pa.qe Nineteen October 15, 2001 4. The Declaration of Covenants and Restrictions must include a condition that there shall be no further subdivision of the lot involved in the Lot Line Change (Lot 3) in perpetuity. 5. The proposal involves a relocation of an existing right-of-way that provides access to the lot involved in the lot line change (Lot 3). The proposed area of the right-of-way includes some, but not all, of an existing gravel driveway. The proposed right-of-way should include the entire existing gravel driveway, or the gravel driveway should be moved so that it is within the boundaries of the new right-of-way. The final map must be revised to reflect one of these options. 6. The final plat must be prepared at a scale of 1:100, or an insert at that scale must be provided. 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. Chairman Orlowski: Opposed? The motion carries. Mr. Cag.qiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. 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. Chairman Orlowski: Opposed? The motion carries. SITE PLANS Bond Determinations: Chairman Orlowski: Peconic Landinq - This conditionally approved site plan is for the construction of 118 single-family detached cottages, 132 apartment units, a 24 unit assisted living center and a 32 bed skilled care center with supporting amenities. The Southold Town Planning Board Page Twenty October 15, 2001 property is located on Route 25, opposite Manhanset Avenue in Greenport. SCTM# 1000-35-1-25 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board adopt the maps, received on September 21, 2001 and dated November 24, 1998, showing certain roads highlighted with a yellow marker. These roads will be paved in accordance with Town specifications with a 4" base, 2" of asphalt and then an additional 2" of asphalt. The remaining roadways, that essentially are spurs to the homes, are to be paved with a 4" base and 2" of asphalt. 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. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Pheasant Run Estates - This approved major subdivision is for 60 condominium units in 15 buildings on 22.25 acres in the AHD Zone. The property is located on the S/E/C of CR 48 and Moores Lane in Greenport. SCTM#1000-40-5-1 Mr. Edwards: Mr. Chairman, 1'11 offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board recommend to the Town Board that the Performance Guarantee in the amount of $107,559.00 for Pheasant Run Estates Subdivision be released. 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. Chairman Orlowski: Opposed? The motion carries. Set Hearings: Southold Town Planninq Board Pa.qe Twenty-One October 15, 2001 Chairman Orlowski: Paul Corazzini - This proposed site plan is for the construction of a 3,200 sq. ft. storage building. The property is located at SR 25 & Albertson's Lane in Greenport. SCTM#1000-52-5-58.2 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the $outhold Town Planning Board set Monday, November 5, 2001 at 6:05 p.m. for a final public hearing on the maps dated June 8, 2000 and last revised May 30, 2001. Mr. Edwards: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Chairman Orlowski: Riverhead Buildinq Supply - This proposed site plan is to demolish existing buildings and construct a 14,100 sq. ft. retail warehouse, one 23,660 sq. ft. warehouse and a 5,000 sq. ft. warehouse. The property is located on SR 25 in Greenport. SCTM#1000-46-1-1 & 2.1 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. 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. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Page Twenty-Two October 15, 2001 Chairman Odowski: Hellenic Hotel & RestaUrant - This proposed site plan is for the demolition of existing cabins and construction of 12 duplex hotel units. SCTM#1000-35- 2-14 & 15.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution' BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on 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. Chairman Odowski: OppoSed? The motion carries. OTHER Chairman Orlowski: Peconic Landinq - SCTM#1000-35-1-25. This is a resolution that I'll read: BE IT RESOLVED that the Southold Town Planning Board adopt the maps, received on September 21, 2001 and dated November 24, 1998, showing certain roads highlighted with a yellow marker. These roads will be paved in accordance with Town specifications with a 4" base, 2" of asphalt and then an additional 2" of asphalt. The remaining roadways, that essentially are spurs to the homes, are to be paved with a 4" base and 2" of asphalt. 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. Chairman Orlowski: Opposed? The motion carries. There is nothing left on my agenda. I'll ask if anyone would like to put something on the record or make any statements at this public meeting. If not, we will adjourn and go into a Work Session. $outhold Town Planninq Board Page Twenty-Three October 15, 2001 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. Chairman Orlowski: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 7:00 p.m. Ben~-ett OrloCCski,~., Chair/pt'an Respectfully submitted, Carol Kalin ~ Barbara Rudder RECEIVED I.,