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Home My WebLink AboutPB-10/07/2002 PLANNING BOARD MEMBERS �Q$uFFO(�CO JERILYN B.WOODHOUSE P.O. Box 1179 h`L`� G'y Chair Town Hall, 53095 State Route 25 � C Southold,New York 11971-0959 RICHARD CAGGIANO coo WILLIAM J. CREMERS p� �� Telephone(631) 765-1938 KENNETH L.EDWARDS 0 Fax(631) 765-3136 MARTIN H.SIDOR �! `1►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES October 7, 2002 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano, Member William Cremers, Member Kenneth Edwards, Member Martin Sidor, Member Mark Terry, Senior Environmental Planne-i Scott Hughes, Senior Environmental Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Orlowski: Board to set Monday, November 4, 2002 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. Caqqiano: So move. 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. Sidor. Chairman Orlowski: Opposed? The motion carries. ******************** PUBLIC HEARINGS Chairman Orlowski: 6:00 p.m. - Lewis Marine Supply- This proposed site plan is for a 1,400 sq. ft. warehouse addition and a 4,992 sq. ft. warehouse replacement on 1.54 acres. The property is located at 230 Corwin Street in Greenport. SCTM#1000-48-2-1 & 44.1 Southold Town Planning Board Page Two October 7, 2002 Are there any comments on this proposed site plan? Garrett Strang: Good evening. I think the application pretty much is straight forward. We have obviously discussed it in presubmission conferences and we have addressed all the issues that the Board and the Town Engineer and the Town Building Inspector may have had but, if there are any questions or comments from the Board at this time, I will be happy to entertain them. Chairman Orlowski: Garrett, just put your name on the record. Garrett Strang: O.K. Garrett Strang, Architect, representing Lewis Marine. Chairman Orlowski: O.K. Any other comments on this proposed site plan? (No one asked to speak.)Any comments from the Board? Hearing none, I would like to 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. Sidor. Chairman Orlowski: Opposed? The motion carries. (The public hearing was closed at 6:03 p.m.) Does the Board have a pleasure? Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, the site plan is for a 1,400 sq. ft. warehouse addition and a 4,992 sq. ft. warehouse replacement; and WHEREAS, the Lewis Family Partnership is the owner of the property known and designated as Lewis Marine Supply, located at 230 Corwin Street in Greenport; and WHEREAS, a formal application for approval of this site was submitted on August 8, 2002; and WHEREAS, the Southold Town Planning Board, on September 9, 2002, determined that this action is classified as Type II and not subject to review under the State Environmental Quality Review Act (Article 8), Part 617; and WHEREAS, the Zoning Board of Appeals granted the setbacks variances as requested for an addition to the warehouse building, with alternative relief concerning the total o&d Southold Town Planning Board Pa-ge Three October 7, 2002 building area at 50% of the total lot area, subject to the condition that there be no further variances to increase lot coverage greater than 50%, Application No. 5109; and WHEREAS, this site plan was certified by the Building Department on October 7, 2002; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; and WHEREAS, on August 13, 2002, the Architectural Review Committee reviewed and approved the proposed site plan application; and WHEREAS, a final public hearing was closed on the Lewis Marine Supply application at the Town Hall, Southold, New York on October 7, 2002; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold } have been met; be it therefore / RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated January 3, 2002 and last revised September 26, 2002, 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. Sidor. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: 6:05 p.m. - Burlier/Kosmynka - This proposed lot line change is to amend the lot line of SCTM#1000-98-1-17 to form two single and separate lots where Lot 1 equals 22,397 square feet and Lot 2 equals 36,617 square feet. The property is located at 1900 Pine Tree Road in Cutchogue. SCTM#1000-98-1-15, 16 & 17 Are there any comments on this proposed lot line change? William Goggins, Esq.: Good evening. I am William Goggins. I represent the applicants. We are here to answer any questions that the Board may have for any kind of informational purposes. Chairman Orlowski: O.K. Thank you. Any other comments? Southold Town Planning Board Page Four October 7, 2002 Abigail Wickham, Esq.: Good evening. My name is Abigail Wickham from Mattituck and I represent Thomas and Jane Cottrell who own the property adjoining to the north. I am not here to oppose this application but I do want to make the Board aware of the concern that we have. We have received a letter from the earlier regarding the location of some sheds on the property which I understand have been slid across the line onto the other lot, which I believe is Lot One. Just to give the Board some background, when this matter went to the Zoning Board of Appeals, the Board was seriously considering requiring the applicant to demolish the garage on this lot, too, because it would have been an accessory structure on a lot without a principal dwelling and Dr. Cottrell and, I think, a number of Members of the Zoning Board, were concerned about what can happen in that type of situation and that's why that provision of the Code was passed originally..The applicant assured us that that was not going to be a problem and, after a number of discussions back and forth with the applicant and their counsel, the Zoning Board fashioned an approval that was designed to ensure that the garage and that property were well maintained and were kept pretty much the way they were, which Mr. Burger and Mr. Kosmynka assured us was their intention. That Zoning Board approval was issued and, the next thing we know is, two sheds were added to the property from Mr. Kosmynka's property across the street. It is possible that was done inadvertently without understanding but we just want to be sure that your Board, in making a subdivision approval, makes it very clear that, before this property is developed or �f changed in any way, that those types of things do not happen and whether there should perhaps, just to clarify it, be a covenant filed or whatever you deem appropriate. We just want to bring that to your attention and ask your advice on it as to what you would like to see happen as regards that because you are creating a subdivision which will contain a lot with an accessory structure within a principle dwelling. I have nothing further. Chairman Orlowski: You have no problems with the one accessory structure that is there now? Abigail Wickham, Esq.: No, we worked that out and that, apparently, it's an old cedar garage and, you know, Mr. Kosmynka said he really did not want to have to change anything. He stores his cars there and that's fine. They are going to put screening up and that type of thing but then all of a sudden, if other things happen, I just want to have some clear understanding that issues such as additions, additional structures, accessory structures for instance - the Zoning Board decision has limited the amount of storage that can happen on the property with respect to that type of thing. That is in the Zoning Board covenant— condition; it is not a covenant. Chairman Orlowski: Yes, so you don't have a problem with the ZBA's conditions on this? Abigail Wickham, Esq.: No. Chairman Orlowski: O.K. Southold Town Planning Board Page Five October 7, 2002 Abigail Wickham, Esq.: I think we do want to clarify that additional accessories structures - or additions to the existing accessory structure - not be allowed unless, you know, unless it is part of an overall plan that they come to the Town for approval on. Chairman Orlowski: O.K. William Goggins, Esq.: I would like to respond. Mr. Kosmynka - he just was not aware about it and we had them removed as soon as we found out about it. He now knows he can't put accessory structures on a vacant parcel and, if it does get approved and he does build a house on the property, then, you know, at that time he can put accessory structures within the Southold Town Code and he inadvertently did this and he did not want to create any problems with the neighbor. They want to get along with Mr. Cottrell and we will keep going in the same direction and Mr. Kosmynka has done something he thought he could do, which he obviously cannot. Thank you. Martin Kosmynka: May I comment on that? Chairman Orlowski: This is Marty Kosmynka. �? Martin Kosmynka: It was my fault and I did move them. I had to move them ten feet. didn't realize it. I had the surveyor come out. We saw where the new property line definitely will be and they had to be moved ten feet. That's what I did do. I also painted the garage and painted the shed and I am straightening up the property. It was my fault. Chairman Orlowski: The resolution to be read tonight will state there is no additional structures at this time so that would mean that, in the future, they have to go through the process to obtain more - add on to the structure - or additional structure but our resolution will note that at this time. O.K.? Mr. Goggins: That would be any structure other than a single-family dwelling? Chairman Orlowski: Right. Accessory. Mr. Goggins: Once the single-family structure is cut up, they can't sell an accessory shed that meets the Code requirements. I guess they are concerned with that they don't put any more accessory structures until such time that the residence is constructed. Mary Terry: Change that to no accessory structures. Mr. Goggins: So, it's no accessory structures until such time as a single-family dwelling is constructed? Then, only within the purview of the Code. Abigail Wickham, Esw Chairman, would you like Mr. Goggins and I to help you with the language? Southold Town Planning Board Page Six October 7, 2002 William Goggins, Esq.: The language that you are drafting is prohibited by the Code anyway— accessory structure on a vacant parcel —so, if Mr. Kosmynka were to put his shed there and leave it there, he would be violating the Town Code. Abigail Wickham, Esq.: Yes, but he did and we are just asking, therefore, that it be clarified. Chairman Orlowski: While we are thinking, anybody have any other comments? William Goggins, Esq.: Well, you are talking about a covenant on the property. It is just a covenant that is already codified in the Southold Town Code. The Town Code says no accessory structures on vacant parcels of land. Chairman Orlowski: Yes, I just want to put it in a resolution so that everybody here agrees to it. Abigail Wickham, Esq.: That's like what you said earlier. Chairman Orlowski: Well - William Goggins, Esq.: I think it is just, basically, no accessory structures shall be erected on the premises until after a single-family residence has been constructed and then there is no problem with accessory structure provided that it meets the Code. Chairman Orlowski: Does anybody have a problem with whereas no additional structure is proposed at this time and, therefore, Suffolk County Department of Health and/or Suffolk County Water Authority approval of permits are not required? Abigail Wickham, Esg.: In a subdivision - Chairman Orlowski: Well, that's kind of saying that, you know, it's hot a residential -for that lot - no addition structures at this time. Abigail Wickham, Esq.: Can you read it again? Chairman Orlowski: Whereas, no additional structure is proposed at this time and, therefore, Suffolk County Department of Health and/or Suffolk County Water Authority approval or permits are not required. Abigail Wickham, Esw That's a different question I am talking about. William Goggins, Esq.: I think the language is very simple that just no accessory structures may be erected on the premises until such time that a single-family dwelling is erected - because you can't do a single-family dwelling without Health Department approval, without a building permit so, if that simple language would cover, I think, everything that we are all concerned about. Southold Town Planning Board Page Seven October 7, 2002 Chairman Orlowski: No accessory structure other than the existing garage is permitted in Parcel 1 until a single-family residence is constructed? Is that o.k.? Mr. Goggins: Gail, is that o.k.? Abigail Wickham, Esq.: Yes. Is that Parcel 1 or Parcel 2? Mr. Terry: Parcel 1. Chairman Orlowski: Parcel 1. Mr. Terry: Parcel 2 is larger. Ms. Wickham: O.K. Chairman Orlowski: Is that o.k.? IVi2s. Wickham: Yes. 7 , Chairman Orlowski: We're all happy? I like that. O.K. Ms. Wickham: Thank you. Chairman Orlowski: You're welcome. Any other comments? Hearing none, any comments from the Board? Hearing none, I would like to 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. Sidor. Chairman Orlowski: Opposed? The motion carries. (The public hearing was closed at 6:19 p.m.) Would somebody read this? Mr. Caggiano: Mr. Chairman, I'll offer the following: WHEREAS, the lots 1000-98-1-15 and 1000-98-1-16 merged pursuant to Article II Section 100-25A; and Southold Town Planning Board Page Eight October 7, 2002 WHEREAS, the applicant proposes to amend the lot line of SCTM#1000-98-1-17 where Parcel 1 equals 22,397 square feet and Parcel 2 equals 36, 617 square feet; and WHEREAS, The Town of Southold Zoning Board of Appeals granted an area variance for the non-conforming lots (Appl. No. 5058), with conditions, on July 25, 2002; and WHEREAS, the Planning Board acknowledges that the area variance does not authorize or condone any current or future use, setback or other feature of the subject property; and WHEREAS, no accessory structure other than the existing garage is permitted on Parcel 1 until a single family residence is constructed; 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 August 28, 2002, 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 amendment of the lot line of SCTM#1000-98-1-17 where Parcel 1 equals 22,397 square feet and Parcel 2 equals 36, 617 square feet. 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. Sidor. Chairman Orlowski: Opposed? The motion carries. ********** Hearings Held Over From Previous Meetings: Chairman Orlowski: Hart's Hardware - This proposed site plan is for a 1000 sq. ft. addition to an existing hardware store. The property is located on SR 25, 95' west of Jockey Creek Drive in Southold. SCTM#1000-70-5-6.2 I guess we still need a curb cut permit. It is coming so I will entertain a motion to hold this public hearing open. Mr. Edwards: So move. Southold Town Planninq Board Page Nine October 7, 2002 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. Sidor. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Perino. Joseph - This proposed major subdivision is for 7 lots on 20.8211 acres. The property is located on the south side of Main Road, 150'west of Sigsbee Road in Mattituck. SCTM#1000-122-7-9. This, too, will stay open while we are in the middle of the moratorium. I believe that they have made an appeal. We will have to wait and see what happens. I will entertain a motion to keep this open. 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. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Island Health Proiect, 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, too - I have no idea what's going on. I will entertain a motion to keep this hearing open. Mr. Caggiano: So move. Mr. Cremers: Second. Southold Town Planning Board Page Ten October 7, 2002 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Sidor. Mr. Edwards: I abstain for reasons previously stated. Chairman Orlowski: Opposed? The motion carries. ******************** MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings: Chairman Orlowski: Bruce Isaacs - This proposal is to cluster set-off a 1.37 acre improved lot from a 5.94 acre parcel/located in the A-C Zoning District. The property is located on the north corner of Alvat�s Lane and the Long Island Railroad in Cutchogue. SCTM#1000-101-2-19 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:00 p.m. for a final public hearing on the maps, dated March 6, 2002. 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. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Persistence Properties - This proposal is to set off a 1.99 acre parcel from an existing 7.87 acre parcel. The property is located on the north side of CR 48, 941' northeast of Cox's Lane in Cutchogue. SCTM#1 000-84-1-10.1 WHEREAS, the applicant proposes to set off 1.99 acres (Lot 1) from 7.87 acres (Lot 2) in the A-C Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on April 16, 2001 on the map dated March 19, 2001, which has previously been extended; be it therefore Southold Town Planning Board Page Eleven October 7, 2002 RESOLVED, to grant an additional six (6) month extension of sketch plan approval from July 16, 2002 to January 16, 2003 as requested by Richard Lark, Esq. in correspondence dated October 3, 2002. 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. Sidor. Chairman Orlowski: Opposed? The motion carries. Mr. Cremers: In addition — BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:05 p.m. for a final public hearing on the maps, dated March 8, 200;1, last revised March 19, 2001. M, . 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. Sidor. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Stavrinos, James - This proposal is to modify the Covenants & Restrictions to build a 36' x 70' pre-fabricated barn structure outside of the building envelope on Lot#7 and within the Agricultural Reserve Easement Area. The parcel is located on the west side of West Mill Road, 1,102' south of Naugles Drive in Mattituck. SCTM#1000-106-9-4.9 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:10 p.m. for a final public hearing to amend the Declaration of Covenants and Restrictions, dated February 4, 1994, to construct a 36' x 70' pre-fabricated barn structure outside of the building envelope on Lot#7 (Agricultural Reserve Easement Area). Mr. Cremers: Second the motion. Southold Town Planning Board Page Twelve October 7, 2002 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. Sidor. Chairman Orlowski: Opposed? The motion carries. Sketch Determinations: Chairman Orlowski: Cove Beach Estates - This proposed lot line will transfer 1.1 acres from Parcel B to Parcel A including a cul-de-sac at the termination of a 50' right-of-way. The property is located north of NYS Route 25 in East Marion. SCTM#1000-22-3-18.1 Mr. Caggiano: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to adjust the lot line between Parcel B and Parcel A equal in area to 1.1 acres; 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. Sidor. Chairman Orlowski: Opposed? The motion carries. Mr. Caggiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps dated February 5, 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. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planning Board Page Thirteen October 7, 2002 ********** Sketch Extensions: Chairman Orlowski: Pugliese, Ralph - This proposed minor subdivision is for 3 lots on 22.76 acres. Development Rights have been sold on 14.81 acres. There is an existing house and winery on one lot. The property is located on Main Road, west of Bridge Lane in Cutchogue. SCTM#1000-97-1-12.6, 12.7 & 12.9 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board grant a retro-active extension of conditional sketch plan approval from April 16, 2002 to October 16, 2002. Conditional sketch plan approval was granted by the Planning Board on April 16, 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. Sidor. Y gg , Chairman Orlowski: Opposed? The motion carries. ********************* APPROVAL OF PLANNING BOARD MINUTES Chairman Orlowski: Board to approve the June 11, 2001 minutes. Mr. Caggiano: 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. Sidor. Chairman Orlowski: Opposed? The motion carries. There is nothing left on the agenda. If anybody would like to spread something on the minutes, they can. Other than that, we'll entertain a motion to close. Mr. Edwards: I'd just like to make a comment that it's great to see our Chairman up and around and giving us a little scare. He looks fine to me and I understand he's feeling well. It's great to have you back. Z T1 Southold Town Planning Board Pa-ge Fourteen October 7, 2002 Chairman Orlowski: Thank you. Mr. Cremers: I'll second that motion. Chairman Orlowski: O.K. Thank you very much. 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. Sidor. Chairman Orlowski: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 6:30 p.m. Respectfully submitted, / � 4 Car Kalin arbara Rudder ilyn B. oodhouse, Chairperson