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HomeMy WebLinkAboutPB-03/16/1992 O�OStilFF0��C0 G . cz PLANNING BOARD MEMBERS c a SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman • �� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 SOUTHOLD TOWN PLANNING BOARD MINUTES MARCH, 16, 1992 Present were: Bennett Orlowski Jr. , Chairman Richard Ward, Member Kenneth Edwards, Member ' ' Mark McDonald, Member Melissa Spiro, Planner Holly Perrone, Secretary Absent: G. Richie Latham, . Member Valerie Scopaz, Planner Jane Rousseau, Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of business is to set Monday, April 6, 1992 at 7:30 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 moved. - Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: , Opposed?. So ordered. PUBLIC HEARINGS Subdivisions - Preliminary: SOUTHOLD TOWN BOARD 2 MARCH 16, 1992 Mr. Orlowski: 7:30 p.m. Angel Shores - .This proposed subdivision is for forty-nine lots on 92.74 acres off Main Bayview in Southold. SCTM 41000-88-6-1, 4 & 5. We have proof of publication in both the local papers and at this time everything is in order for a preliminary hearing. I would just like to make mention that we will keep this hearing open because we have not received comments from the Suffolk County Planning Commission yet. I would like to ask if there is anyone out there who is in favor of this subdivision? William Moore: I am here on behalf of the applicant. The Board is very, very familiar with this application. This property has been before the Planning Board in one form or another for the last eleven years. We have completed the SEQRA Environmental Review Process, a very lengthy and indepth review process of this Board, which ied to drawings, and redrawings and redrawings again of the subdivision map which led to the map which is the subject of this hearing tonight. It is a good map and I would Ask that the Board would act .upon it favorably recognizing that there are probably countless numbers of ways that other people could have drawn this thing up, but Dick Ward was working with him, and there are a great deal of constraints with the Zoning, the separate nature of pieces of property, litigation and the Environmental Review Process itself. Having said that, I would ask that you move forward with the process and approve it at your next public .hearing for the next meeting when you close that hearing and move forward from there. Thank you. Mr. Orlowski: O.K. , any other endorsements of this subdivision? Hearing none, is there anyone out there against this subdivision? Mr. Robert Maus: I am the Vice President of the Cedar Beach Park Association. I have a letter here which I will present to the Board. I would like to read it though. Angel Shores II consists of 52.8 acres and under our Town's present two acre zoning, it would permit approximately twenty six lots. We' question the 50% increase from the two acre zoning estimate of 26 to the high number of 40 lots presently suggested . by this Board. Let me review the stipulation of settlement as issued .by the United States District Court, Eastern District Of New York in June 1990 which states on page 5. "The parties acknowledge that the yield for Angel Shores II shall be predicated upon two acre zoning and that the combined yield- for Angel Shore I and II shall be approximately 49. building lots to be clustered so that approximately 18 lots . shall be within Angel Shores I with the remaining approximately 31, lots being contained with Angle Shores II" . Some interesting items to review in this ruling are as follows: SOUTHOLD TOWN BOARD 3 MARCH 16, 1992 1 - QUOTE: '°Angel Shores I shall be predicated. upon two acre zoning. If this statement was followed, the maximum lots could not exceed twenty- six total lots but the court approved thirty-one lots. 2 - QUOTE: "approximately thirty-one lots being contained within Angel Shores II" Thirty-one lots on Angel Shores II. alone already exceeds by five the maximum of twenty- six two acre lots for Angel Shores II: Now thirty-one lots on Angel Shores II alone already exceeds by five the maximum of twenty-six two acre lots for Angel Shores II. Now our own town wants to increase this over crowded thirty-one lots on. Angel Shores II by an additionaL: nine to forty lots. Forty lots on Angel Shores II brings" the average lot, after clustering, to about three quarter of an acre which reduced our Town_ two acre zoning regulations? 3 - QUOTE: "Eighteen lots shall be within Angel Shores I" Our town reduced the eighteen1lots to nine which was probably due to water problems on. Angel Shores I. This is also probably why nine lots were added to Angel Shores II. Is the door now open for a builder to quote this "Eighteen lot ruling" years from now and add nine more lots on Angel Shores I? Will anything be done to prevent this possibility? . 4 - Another concern is the title of all the lands and especially the area bordering Bayview Road. From the way the lots are arranged; at a later date a builder will try to build.. a line of three quarter acre homes facing north on Bayview Road. We will be open again to the abuse of our two acre zoning ruling. If the. titles of the current lots included this property, then the lots would come closer to the required two acre zoning and eliminate the creation of new lots at a later. .date. In summary, the Board has to abide by the courts recommendations. However, it is not a mandate for forty-nine . . lots since two acre zoning was mentioned. It is just a guideline which can -be pared down but certainly not exceeded. Less lots on Angel Shores II would bring this section more in line with our zoning laws and reduce the potential for .future drinking water contamination in neighboring homes. In the past, lots much smaller than these were the norm but we have come to realize that this could not continue, hence two acre zoning has been instituted. When is the Board going to stick to their guns and stop giving these down zonings. Don't SOUTHOLD TOWN BOARD 4 MARCH 16,. 1992 tell us three-quarter acre lots on two acre zoning is not down zoning. Also note that on previous plans there were fifty foot Wildlife Conservation Easements on Angel Shores. II. What has happened to them? Were they sacrificed to reduce the zoning to three quarter acre? Note that now only on Angel Shores I are any easements shown. .. I submit this letter. Mr. Orlowski: Thank you. Any other objections to this subdivision? Hearing none, is there anyone out there neither pro nor con that may have information pertaining ' to this subdivision that would be of interest to the Board? Dorothy Phillips: I would like to know whether the water system has been continuously tested by the GNS? The company that is running it? Mr. McDonald: The water system is presently serving the Cove. In order to be in compliance with the Health Department Regulations for the Cove, . I assume the system has to be tested. In other words, the Health Department is running tests and they are in charge of it. They are in charge of these criteria and they are happy with the way the system is being run. Dorothy Phillips: I wondered about that because there was an article in the Traveler Watchman on November 28th about is a subdivision stopped by water standards. - I know. -this is a public system for this development but the' Department of Health had selected six parts per million as the allowable nitrate limit for test wells on land slated for subdivision but, for planning purposes, on land slated that only a guideline. Planning for groundwater includes the tension to nitrate contamination of re-charge from septic" sys.tems and lawn fertilization rates. I know that these people who buy these lots are not suppose to fertilize their lawn but it is a matter of groundwater planning that you think about that. If the Traveler Watchman article written by Lydia Tortora stated that Mattituck. Creek Estates was forced to reduce its density to six lots on a nineteen acre parcel. because of high nitrates and also albicable contamination. Now, I assume this water is fine but you are telling me that this company had been checking. I really would_ like to be reassured that they have been. As a result of this, of the Wolf Pit Associates on Oregon Road getting Health Department approval, only after the developer agreed to decrease the density from two acres to five acre lots. The new standards if properly implemented should protect groundwater and the "people who purchase lots in subdivisions. Now, this might be somewhat irrelevant but it concerns me that this land .was continuously farmed for a long period of time .and there must have been heavy nitrate concentration in the water. I just don't know whether SOUTHOLD TOWN BOARD 5 MARCH 16, 1992 or not the water has been continuously tested and found to be adequate. Mr. Orlowski: Any other comments? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: I ' ll entertain a motion to keep this hearing open. Mr. Edwards: So moved. Mr. McDonald? Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward; Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Hearing Held Over From Previous Meetings: Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for two lots on 3.743 located on the east side of Cox Neck Lane in Mattituck. SCTM 41000-113-8-5. Does anyone here have any comment on this? Hearing none, I' ll entertain a motion to keep this hearing open. Mr. McDonald: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in, favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. 'Orlowski: Opposed? So ordered. Mr. Orlowski: Wolf Pit Estates- Board to discuss amending the Declaration of Covenants and Restrictions for this major subdivision located. on Mill Road in Mattituck. SCTM #1000-107-4-2.1 We haven't received the revised Draft of the Covenants and Restrictions -from the applicant for review. I would entertain a motion to keep this hearing open. SOUTHOLD TOWN BOARD 6 ' MARCH 16, 1992 Mr. Edwards: So moved. Mr. Ward: Second. Mr. -Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, .Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Mr. Orlowski: Baxter-Terp - This proposed lot line between William J. Baxter, Jr. and Alfred Terp, Jr. is to subtract 8,352 square feet of land from a 121,051 square foot parcel and to add it to a 28,550 square foot parcel located on the east side . of Griffing Avenue and State Road 25 in Cutchogue.. SCTM #k1000-102-5-9. 3 . Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board authorize the chairman to endorse the final surveys dated February 14, 1992. All conditions of final approval have been met. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) Mr. Orlowski: William A. May and Jeanne A. May individually - Board to correct February 3 , 1992 resolution. SCTM *1000-9-9-6.1, 7 & 9 Mr. McDonald: Mr. Chairman, I would like to make a motion. WHEREAS on March 11, 1992, the Planning Board received corrected lot area data from Stephen L. Ham regarding the February 3 , 1992, conditional final approval. for a lot line SOUTHOLD TOWN BOARD 7 MARCH 16, 1992 change for William B. May and Jeanne A. May and Jeanne A. .May individually. BE IT THEREFORE RESOLVED that the Southold Town Planning Board correct the resolution of February 3, 1992, to read as follows: WHEREAS, William B. May, Jr. and Jeanne A. May individually are the owners of the property known and designated as SCTM #1000-9-9-6.1, 7 , 9 and Reservoir Road, located at Reservoir Road on Fishers Island; and WHEREAS, this lot line change, to be known as lot line change for William B. May and Jeanne A. May and Jeanne A. May individually is for a lot line change to subtract .39 of an acre from a 1. 16 acre parcel designated as SCTM #1000-9-9-9 and add it to a 1. 8 acre parcel designated as SCTM #1000-9-9-6.1 located on Fishers Island and to merge such .39 acre and 1. 8 acre parcels with the northerly portion of Reservoir Road, consisting of .70 acres. In addition, lot SCTM #1000-9-9-7 which consists of . 58 acres, and. the southerly portion of Reservoir Road, consisting of 1.25 acres, will be merged with the .77 acre balance of the 1.16 acre lot designated as SCTM #1000-9-9-9; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act. (Article 8) , Part 617, declared itself Lead Agency and issued a Negative Declaration on December 23, 1991; .and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 3, 1992; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated August 26, 1991, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. These conditions must be met within six ( 6) months of the date of this resolution. 1. The filing of a new deed pertaining to the merger of .39 of an acre from the 1.16 acre lot owned by Jeanne A. May and designated as SCTM 41600-9-9-9, with a 1.8 acre parcel owned by William B. May, Jr. and Jeanne A. May designated as SCTM #1000-9-9-6.1, and with the northerly portion of Reservoir Road consisting of .70 acre, resulting in a merged parcel of 2.89 acres. In addition, lot 7 which consists of .58 SOUTHOLD TOWN BOARD 8 MARCH 16, 1992 acres and the southerly portion of .Reservoir Road, consisting of 1.25 acres, will be merged with the ..77 acre balance of the 1.16 acre lot owned by Jeanne A. May individually and designated as SCTM #1000-9-9-9 to form a merged parcel of 2. 60 acres. 2. The deed for lots SCTM #1000-9-9-7 and SCTM #1000-9-9-9 contains a covenant that gives the Race Point Corporation or its successor an option to purchase this property. prior to any transfer. A waiver of this option is required of the Race Point Corporation or its successor. A copy of the filed deed containing this waiver must be submitted to the Planning Board and the Liber and Page number of. the filed deed must be placed on the survey. Final Extensions: Mr. Orlowski: Harvey Bagshaw and Parviz_Faranzad This proposed lot line change is to subtract 2.326 acres from a 4. 686 acre parcel and add it to a 1.92 acre parcel in Mattituck. SCTM #1000-122-6-31., Mr. Ward: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning 'Board grant a ninety ( 90) day extension of conditional final approval. Conditional final approval was granted on September 9, 1991. The 90 day extension will expire on June 9, 1992 unless all conditions of approval have been fulfilled. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Baxter Sound- Estates - This minor subdivision is for two lots on 5.022 acres located on the north side of Oregon Road; 1100 feet west of Bridge Lane in Cutchogue.. SCTM #1000-73-2-2.1 & 3 . Mr. McDonald: Mr. Chairman, I would like to make a motion. SOUTHOLD TOWN BOARD 9 MARCH 16, .1992 BE IT RESOLVED that the Southold Town Planning Board grant a six (6) month extension of conditional final approval. Conditional final approval was granted on February 25, 1991. The extension will expire August 25, 1992 unless all conditions of approval have been fulfilled. This will be the last extension that the Planning Board will be granting. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on• the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: Ethel Betz - This minor subdivision is for two lots on 1. 2,81 acres located on Calves Neck Road in Southold. SCTM #1000-63-7-34 & 35. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board grant conditional sketch approval on the map dated September 4., 1991. Sketch approval is conditional upon submission of final maps containing the provision of the Zoning Board of Appeals decision of March 5, 1992. The maps,, which must contain a valid stamp of Health Department approval, must be submitted within six months of the date of sketch approval, unless a extension of time. is requested by the applicant, and granted by the Planning Board. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. -McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: Mr. Chairman, I would like to make a further motion. SOUTHOLD TOWN BOARD 10 MARCH 16, 1992 BE IT RESOLVED that the Southold Town Planning Board set Monday, April 6, 1992 at 7:30 p.m. for 'a final public hearing on the maps dated September 4-, 1992, subject to receipt of revised maps containing Suffolk County Health Department approval by such date. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Sketch Determinations: Mr. Orlowski: Alice Dart - This proposal is to set off a 62,315 square foot parcel from an existing 18.894 acre parcel located on Main Road in Southold. SCTM #1000-78-1-10.19. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated May 31, 1990-. Mr. Ward: Second. Mr.. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr- . Orlowski: Opposed? So ordered. Sketch Extensions Mr. Orlowski: John & Joan Petrocelli - This minor subdivision is for two lots on 9. 8 acres located on the east side of Paradise Point Road in Southold. SCTM #1000-81-3-19.5. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED that the Southold .Town Planning Board grant a six month extension of sketch approval from March 30, 1992 to SOUTHOLD TOWN BOARD 11 MARCH 16, 1992 September 30, 1992. Conditional sketch approval was granted on September 30, 1991. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. McDonald, Mr. Edwards, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Thomas Shalvey - This proposal is to set off a 1. 837 acre parcel from a 21-.782 acre parcel located at the southeast corner of Middle Road (CR 48) and Bridge Lane in Cutchogue. SCTM #1000-84=2,-2. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of sketch. approval from March 9, .1992 to September 9, 1992. Mr. Edwards: . Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Review of Reports: Suffolk County Planning Commission Mr. Orlowski: Briarcliff Acres - This major subdivision is for seventeen lots on 35.7022 acres located on' the north side of Main Road off Maple Road in Southold. SCTM 41000-75-2-8 & 9. Mr. McDonald: Mr. Chairman, I would like to offer the following motion? BE IT RESOLVED to adopt the March 9, 1992 Suffolk County Planning Commission Report. Numbers 2 and 5 must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the SOUTHOLD TOWN BOARD 12 MARCH 16, 1992 draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. The Planning Board may require additional covenants and restrictions upon review of the final maps. Therefore, the draft Declaration of Covenants and Restrictions should be submitted after the Planning Board has reviewed the final maps. Numbers 1 and 3 must be shown on the preliminary map. Mr. Ward: Second. Mr. Orlowski: Motion. made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards-, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Bond Determinations: Mr. Orlowski: Summit Estates - This major subdivision is for thirty-five lots on 40.8223 acres located on the southwest corner of Main Road, NYS 25 and Shipyard Lane in East Marion. SCTM #1000-35-8-5.3 . Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED to adopt the engineer' s report dated February 21, 1992. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. . Mr. Edwards: I would also like to make a further motion. BE IT RESOLVED to adopt the bond estimate dated February 21, 1992, and to recommend same to the Town Board. The bond estimate is in the amount of $458,475.00 with an administration fee in the amount of. $2.7,508.00. Mr. Ward: Second. SOUTHOLD TOWN BOARD 13 MARCH 16, 1992 Mr.. Orlowski: Motion made and seconded. Any .questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination Mr. Orlowski: Alice Dart SCTM *1000-78-1-10.19.. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board acting under the State Environmental Quality Review Act, Start the coordination process on this unlisted action. Mr. McDonald.: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Lead Agency Status: Mr. Orlowski: Harbor View Landing - This major subdivision is for ten lots on 83 .117 acres located on Sage Boulevard in Greenport. SCTM #1000-53-5-12.5. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status on this Type 1 action. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion. SOUTHOLD TOWN BOARD 14 MARCH 16, 1992 Mr. Flynn: Mr. Chairman, may I make some comments.) Mr. Orlowski: No, this is not a public hearing. Mr. Flynn: I may not make some comments? Mr. Orlowski: No. Mr. Flynn: Then I have to take alternative methods for correcting this abuse. Mr. Orlowski: I would say so. Mr. Flynn: I shall. Mr. Orlowski: O.K. All those in favor? Ayes: Mr. Orlowski,. Mr. McDonald, Mr. Edwards, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: Mr. Chairman, I would like to make a motion. Be it further RESOLVED that the Planning Board, as lead agency, finds . that the action may significantly effect the environment, and makes a determination of a Positive Declaration. Mr. Orlowski: Motion made. and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Determinations: Mr. Orlowski: The Fields at Mattituck - This major. subdivision is for twenty-seven lots on' 60.4 acres located on the north side of Bergen in Mattituck. SCTM #1000-113-2-1.1. What is the pleasure of the Board? Mr. Pete Danowski: I represent the Fields. This is an application that you know started two and one-half years ago and was granted sketch plan approval with conditions. A preliminary map will be submitted within the next couple of weeks. I have had a chance to review certain documents that are in the. file. I would expect with this unlisted action which the Board declared it to be, that you could issue a Negative Declaration. Although, I would agree with certain remarks that have been made in reports submitted to you that in the natural course of SOUTHOLD TOWN BOARD 15 MARCH 16, 1992 submitting the preliminary map we will have to provide assurance of Article six compliance to you. With that, we will indicate to you that public water is available or that :we ' have done test holes and test well work that will be satisfactory to the Health Department. In fact, in December I supplied additional copies of maps to the Suffolk County Water Authority and I would note from review of your file that you have made inquiries of them as well, indicating whether public water ,may be available to the site. The response that you have found back from the water authorities suggests that public water is in limited supply, and they are suggesting somehow then that in the subdivision process you can require us to donate land to them. . I don't think that it can require that, however quite frankly when we discuss the final map, when we discuss after the public hearing whether they are going to answer the public water question, we may address that issue. We may be willing to voluntarily donate land, of course we will talk about park and recreation fees and other items. I would think you could issue a negative declaration recognizing we will have preliminary maps submitted to you, that. will be the source of public hearing after we have provided Article VI compliance. What's absent from the Suffolk County Water Authorities letter is that the definitive answer is public water available or not? They have not provided you with an answer nor have they provided me even a response.. I would think that the real response is that it is not available at this time. So I would think with an unlisted action with twenty-seven lots and .then having this sketch plan for two and one-half years having granted us a conditional approval of the last sketch plan submitted that we could. just submit that preliminary map, provide Article VI compliance, have a public hearing and address many of the issues. There are some statements contained in a report or- two that have been provided to you from others that talks about a previous owner that may have submitted an application to the Health Department. I think it was Victorian Reality, Ms., Geraghty, maybe with the help of Mr. Raynor, back in the .years of 1987, maybe 1986 that may have had some responses. The water authorities themselves may have been dealing with a prior owner but they have not dealt with the current owner nor has an application (turned tape) . I think the real question is for all of you, I am certainly aware of the. Health Department rules, when -you get down to the preliminary map stage when you really know what the Planning Board has suggested after input with all of our experts, we sent the preliminary map over to them to indicate the test hole and the test well locations, because if we submitted a sketch plan early on and that proposed lot now becomes open space, they void that test well location on an open space area,. They say it has got to- be on .an actual lot to be built upon so we are down now to your having directed. us to comply with certain conditions. SOUTHOLD TOWN BOARD 16 MARCH 16, 1992 We will comply with those conditions by submitting the preliminary map within the next month, I would think in the next couple of weeks, and we will be over to the Health Department and we will be demanding a letter from the Water. Authority saying public water is or is not available. With those things, in the natural subdivision process, I think we_ will, end up discussing with you, public water, private water, results of. those tests and it would be a normal subdivision application process as reviewed by this Board. So I would like to think you could issue a Negative Declaration on this. The idea that we should have a DEIS or part III doesn't seem to be called for here. We are not in a tremendous wetland situation, we're in an agricultural piece of land where we clustered it. pursuant to zoning and although there are some comments about we go to 20,000 square -foot lots, that can't be done in the current zoning. You've got a 30;000 square foot lot minimum so I think we have done the best possible plan after input from you people after two and one.-half years and we can get on to the preliminary map, public hearing stage. So it is my request, that you issue a Negative Declaration and let's conclude the SEQRA process and yet let's go over some of those issues that have been raised in your normal. subdivision process. Mr. Orlowski: O.K. , does the Board. have any comments or questions? Mr. McDonald: One. of the problems with this is that both our consultant and one of the involved agents have,- both sent letters to us recommending that we get a Part III. Mr. Danowski: You know, the funny part of that is when you read the report, and I read the Health Department Report in some interest of course, it is the Office of Ecology. We are not dealing with nuts and bolts people with test hole and test well work. If we had, I think we would probably be coordinating with them in an agreement. This thing of the Health Department. is talking about issues such as cluster down to. 20,000 square feet. Such issues as saying that in the vicinity of this site plan, not saying this site plan that there may be a species of plant that may be exotic, no identification nothing related to this site. This is your general scenario that you hear from particularly a ,County agency. There is .nothing directed to this particular site. We have noticed, and.. this. Board has noticed, in reviewing the swale area here, that identifies the area that provides the drainage. We talked. about the method of drainage, whether it be a natural swale system or a deep recharge and we developed the- site plan, the final sketch plan that has been approved consistent with those comments. We are not putting building envelopes on any of these areas that are being discussed so the comments that are made here many times are generic and don't apply to 'this particular site and there are comments like the previous ,application from the previous owner that don't relate to this application- to the Health Department that will be made. My point is that when you really SOUTHOLD TOWN BOARD 1.7 MARCH 16, 1992 look at those reports that were provided to you, you are cognizant of those facts, you correctly made us stay away from building in those areas so I don' t think there is anything that is remarkable about the reports provided to you that you have not already dealt with in talking to us with just our sketch plan and you won't deal with. us on a preliminary map. We will show the Topol map, we will provide you with Article VI compliance one way or- another, public water or test wells and test holes and you will be able to deal with that in arriving at a final plan. So, the points are raised and all I am saying is, many of them are not directed to this plan, they are directed to an outdated plan of a previous owner and many of them will be dealt with in the subdivision process and there is really no need, I mean, what are the questions to be answered. I. mean, I could stand here and answer them and you.,-have .many of the answers. That is only going to delay us. Mr. McDonald: Did you respond at all or do you -have any response to the comments that our consultant made to us? He. also requested this. Mr. Danowski: I think the comment was, I didn't actually specifically get it but I have reviewed the file. In fact, I was just there this afternoon. just to go .over points just in case there was any late pieces of correspondence but I think realistically, all that is being said is that we have got the swale area for drainage and there shouldn't be building envelopes created in the swale area that we .have talked about. If you look atthe conditional sketch plan approval, it is addressed with these issues already and we will continue to address them. We will supply the answers in the subdivision process and I think your engineers will revie�q the plan and do that. The only reason that I stand here is that it is two and one-half years later and you have done a good job and .you have cooperated and I think this plan is something that is consistent. But, to be stopped now and `say, let's do a Part III, let's do a DEIS, it' s not necessary in this particular plan. Mr. ward: What are the consequences if we decide to hold tonight and do it on April 6thinstead of tonight? We can take it under consideration but our decision is then to go with a Part III, is that an 'imposition? Mr. Danowski: I guess it's not an imposition, I guess we always try to cooperate and always try to stand at the microphone and say, if you have got a problem with it then consider it until the next meeting because that is better then saying that you want us to do another Part III here when realistically you don't need it. Yet, - you' ll have to find out I think, and I ' ll have .to find out, is public water available because the water authority has not said' it to you and hasn't even sent me a response back and that will decide whether I ' ll do test holes . and test wells on this particular site. That will SOUTHOLD TOWN BOARD 18 MARCH 16, 1992 answer much of the Health Department's question about a prior plan from a prior owner. So; if 'someone.,has said to me we are going to DEIS you tonight or we are going to Part III you tonight then I have to say, it just doesn' t make sense. If you want to wait until the next meeting, if that is what you prefer to do, then I am willing to wait until the next meeting but not to the meeting after that and after that. Mr. McDonald: Do you want to take it under advise until the next meeting? Board: Yes. Mr. Danowski: I just wanted to be here to let you know that I read the comments and it is nothing earth shattering in the comments and' I don' t. think it is necessary on this unlisted action on twenty seven lots. -Mr. Orlowski: O.K. , now you can go throw those crutches away. . . . Mr. Danowski: Well, . I would prefer if you had given it a .Negative Dec tonight but . . . . . . . . . . Mr. McDonald: He knows he's not going to get any sympathy. It' s really the water authority that he is waiting to hear about. Everyone talking. Mr. Danowski: What the water authority is saying is, we would dike you to donate the well site for our future water supply and water supply is limited. That is what they told you in response to your inquire. Mr. McDonald: Would that rightfully be part of the SEQRA process. Mr. Danowski: I think it is part of the SEQRA process, you send it out to whatever interests are involved. I think there is an overriding concern here and some of you are on the committees here with regard to the underground water supply and I think realistically, had no letters come in and you Negative Dec this application, what would be my next move here? It would be to submit a preliminary map and you would tell me, give me Article VI compliance before you schedule the public hearing and- I would have to extract from the County Water Authority a letter saying, water is available or it is not because the Health Department would require that and then if it is not available I would send a map over, the preliminary map over- and say locate proposed test wells and test holes and I would go out and perform those tests and get a well result back from the Health Department. So, outside. of SEQRA, you have the same result discovered and most of the questions will be answered. SOUTHOLD TOWN BOARD 19 'MARCH 16, 1992 Mr. Orlowski: O.K. Thomas Monsell - This minor subdivision is for three lots on 3.0 acres located on the south side of Monsell Lane in Cutchogue. SCTM *1000-138-1-2.1, 9.1, 13. 1 & 14. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS the Planning Board has reviewed the Environmental Assessment Form and the reports received in response to the lead agency coordination; and WHEREAS additional information has been requested. to assist the Planning Board in their. review of the significance of this action; BE IT THEREFORE RESOLVED that the Southold Town Planning request the information as listed in the March 2, 1992 report from Charles J. Voorhis and the February 6, 1992 report from the Zoning Board of Appeals. In regard to. Number 7 of the report from Mr. Voorhis, the Board will be requiring that final maps contain a valid stamp of Health Department approval. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, •Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS Mr. Orlowski: Buccaneer Books, Inc. - Mr. McDonald: Mr. Chairman, I would like to make a motion. BE IT RESOLVED that the Planning Board hereby approves the site plan for Buccaneer Books signed by. Roderick Van Tuyl, Licensed Land Surveyor, and last revised on March 16, 1992', and authorizes the Chairman to endorse the maps with the following conditions: 1. Submission of five ( 5) copies of the final site plan all containing a valid stamp of Health Department approval. SOUTHOLD TOWN BOARD 20 MARCH 16., 1992 2. Certification of the final site plan by Victor Lessard, Principal Building Inspector. 3. A one (1) year review by the Planning Board. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination Mr. Orlowski: Philip Centonze - This proposed site plan is for a doctor' s office and apartment of 11.200 square feet located on Route .48 in Southold. SCTM #1000-140-2-11. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. The Board makes an initial determination of non-significance. Mr. McDonald: Second. Mr. Orlowski: Motion made. and seconded. Any questions on the motion? All ,those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Pindar Vineyard - This site plan is for a gazebo of 3010 square feet located on a 38 acre vineyard winery in Peconic. SCTM #1000-85-2-15. Mr. McDonald: Mr. Chairman, I would like to make a motion. SOUTHOLD TOWN BOARD 21 MARCH 16, 1992 BE IT. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. The Board makes an initial determination of non-significance. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any. .questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Ward, Mr. McDonald, , Mr. Orlowski: Opposed? So ordered. Mr. ,Orlowski: Wine Garden Restaurant - This site plan is for a 2632 square foot addition to an existing restaurant and a 3200 square foot retail sales building and greenhouse located on CR 48 in Mattituck. SCTM #1000-121-2-2. Mr. Edwards: Mr. Chairman, I would like. to entertain a motion. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. The Board makes an initial determination of non-significance. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Determinations: Mr. Orlowski: Savan Restaurant - This proposed site. plan is to reopen an existing restaurant on 11.782 square feet located on Main Road in Mattituck. SCTM #1000-140-3-37. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board, acting under the. State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a SOUTHOLD TOWN BOARD 22 MARCH 16, 1992 determination of non-significance, and grants a Negative Declaration. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Ward, Mr. Orlowski: Opposed? So ordered. APPROVAL OF PLANNING BOARD MINUTES Mr. Orlowski: Board to approve the November 1.8, 1991 minutes. Mr. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: December 9, 1991. Mr. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: December 23, 1991. Mr. Ward: So moved. Mr. McDonald: Second. ` SOUTHOLD TOWN BOARD 23 MARCH 16, 1992 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed?- So 'ordered. Mr. Orlowski: January 13, 1992. Mr. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded.. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Ward, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: February 3 , 1992. Mr. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: opposed? So moved. Mr. Orlowski: February 24, 1992. Mr. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion. Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. ` SOUTHOLD TOWN BOARD 24 MARCH 16; 1992 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I would like to state that this is the first time in a long time that our minutes are completely up to date except for tonight. I have nothing left on my agenda. I hope there are no questions out there tonight from anyone. I' ll entertain a motion to adjourn. Mr. Flatter: I would just like to say that on behalf of Mattituck Saltaire, we have gotten your letter and it' s safe to say that everybody is very, very happy with your response. We just want to say thanks a lot for your cooperation and assistance. Mr. Orlowski: Thank you. I 'll entertain a motion. Mr. Edwards: I ' ll make a motion to adjourn. Mr. Ward: Second. Mr. Orlowski: All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. Orlowski., . Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Being there was nothing else to be brought before the Board, the meeting was adjourned at 8:15 p.m. . Res tfully sub tted, " _r -. Jan Rousseau, Secretary Bennett Orlowski Jr. , Chairma OLD TOV is v Town Cltirk,