HomeMy WebLinkAboutPB-08/15/1988 h : e
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
(516)765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PLANNING BOARD MINUTES
AUGUST 15, 1988
The Southold Town Planning Board held a regular meeting on
Monday, August 15, 1988 at 7 :30 p.m. 'at the Southold Town Hall,
Main Road, Southold.
PRESENT WERE:
Bennett Orlowski,Jr. , Chairman
Member William Mullen
Member G. Ritchie Latham
Member Kenneth Edwards
Town Planner Valerie Scopaz
Planner Melissa Spiro.
Victor Lessard
Secretary Jill Thorp-
ABSENT: Richard Ward
Mr. Orlowski: Good Evening. I would like to call this meeting to
order. First order of business is 7 :30 p.m. Chardonnay Woods-
Public hearing on the question of preliminary approval for this
major subdivision. This parcel is on 44.376 acres located at
Southold. SCTM #1000-51-3-3 . At this time everything is in order
for a preliminary hearing. We have proof. of publication in the
Long Island Traveler/Watchman and in the Suffolk Times. At this
time I will ask if there are any objections to this major
subdivision?
Mr. Kahil: My name is Greg Kahil. I own a piece of land on the
south side of Old North .Road and the south side of this
Particular piece of property. We have a significant water
problem when we get very heavy rains. I am worried that the
development could make the water problems worse. What I mean by
water problems is if we get heavy rains all North Road can be
closed for days. I am talking about a stretch of two hundred,
three hundred, yards under about two feet of water.
Planning Board 2 August 15, 1988
Mr. Orlowski: O.K. Are there any other objections to this major
subdivision?
Ms. Scopaz: Mr.. Orlowski, if I may answer this mans question. We
have our Town Engineer working very closely with the Highway
Department to address, specifically, the problem that you are
speaking of . The applicant did revise the map several times in
order to accommodate proper drainage for that area. Because we
do not want this new developement to create. . . to make the
existing situation any worse then it is. My understanding is
that the engineers have resolved the problem. You are welcome to
review the drainage plans in the file.
Mr. Kahil: I did look at the drainage plans. I looked at the
files today and I see that there are four retaining areas. The
one I am concerned about is what they call retaining area one.
It is right across the road from us. I guess my question is, I
am not an engineer, if that builds up will it drain somewhere
else or will it overflow as it does today? Will it hold as much
water as it does today or will it be worse? How can anybody
reassure me?
Ms. Scopaz: Do you mean on the subject property?
Mr. Kahil: Yes.
Ms. Scopaz: All the runoff that a property generates. . . when a
piece of property is developed all the storm. water runoff that
the property generates as well as what it will generate after it
is constructed has to be contained on site. That is what we have.
our Town Engineer review. In other words, the applicant does all
the drainage calculations and the engineers review those
calculations to make sure that the proposed potential runoff
that could come off of that site can. be held on that property.
We could not approve pushing off to some one else' s property.
The Engineers are saying, yes, the proposed drainage plans as it
has. been worked. . , you should realize that there were several
.revisions to those plans, primarily because of that problem.
There was a lot of discussion on different ways of handling the
run off. Our engineers are saying that it. does meet that
criteria. Lets hope they are right.
Mr. Orlowski: Any other objections to this subdivision?
. Mr. Lillis: My name is Gary Lillis. I am a neighbor of Kahil' s.
Is the Planning Board familiar with conditions in that area
during storms?
Mr. Orlowski: We have our engineers that go -out and check this.
Mr. Lillis: So you as the Planning Board are satisfied -with the
plan for drainage for that area?
Mr. Orlowski: Yes.
Planning Board 3 August 15, 1988
Mr. Lillis: You are familiar with the conditions.
Mr. Orlowski: Our engineer is. I am not a professional, .but they
have to retain the water on site as Ms. Scopaz has said. Our
engineers are guaranting us that.
Mr. Lillis: And they also are guaranting that the Old North Road
will be open during these conditions?
Mr. Orlowski: That is what they tell us and that is what all the
reports say. We have to go along with that.
Mr. Lillis: We do have some photos.
Mr. Orlowski: Do you have other engineering information or
calculations that c n prove taut Does not .,cork?
Mrs. Dor_apria: We have photos t„_t __ __a t-a'-_en during storms.
These photos were taken dlsring, a storm in 82. 1 think that the
guarantee that the people are locking for is that .these
conditions will not happen. a.gain. We do not want just the new
developement to be protected, we want this entire road to be
protected: We want a guarantee for that. This was not water.
This was a river. We have pictures of people boating. The road
was closed at least four or five days. This is a severe storm.
Mr. Lillis: It characterizes the most severe area in Southold
Town. Quote Mr. Dean in the Suffolk Times..._,I have a copy of- the
Suffolk Times also with this quote.
Mr. Orlowski: Mr. Jacobs, who is there now, is satisfied with
this system the way it is. Mr. Ward who is a Board member who
lives down there and is an ,engineer, is satisfied. These
comments will. be taken into consideration, and we will have them
look it over again and make sure. We are not going to create a
problem down there. We can not take a subdivision and pump the
water onto any where else but that area.
Ms. Scopaz: There is one thing you should be aware of, and that
is the Planning Board has the right to. ask a developer of a
piece of property to take care of his property and any problem
associating with his property. It cannot ask a developer- to take
care of existing drainage problems on a Town road that is not
related to his property. In other words his. property is not the
main cause of the flooding. What the Board has done is made sure
that this property will not add to the problem. You should be
aware also that at the present time some of the water on the
North Road is being channeled onto the developers property and
he has worked his drainage plan to take into account that .water.
That is already coming onto his property at this time. That
water that .is going onto his property now is not going to .stay
on the North Road, it will continue going onto his property. If
you feel that the problem is larger then that, for instance that
it involves drainage from a longer stretch of the road then the
Planning Board 4 August 15, 1988
appropriate form *Mould be for you to go to the Town Board and
make it known to them that the drainage problem is so serious
that it goes beyond just the initial property in question. I
think the Board is sympathetic to what you are saying, but
please recognize that they are constrained. They can only ask
the developer to handle what his property will add to it. He. has
already done that. If there is something there that is a
deficiency that preexisted it, they can not ask him to address
something that was a result of someone else' s property. You may
want to consider going to the Town Board and presenting your
problem to them. Thank you.
Mr. Orlowski: Just so you know, this application-was started in
1985 and our biggest concern was layout and drainage, we have
been working with the applicant since that. It was three years
to get to the preliminary hearing. which is one reason why we
get yelled at for being so slow, but we try to make sure we are
not creating problems on this site or for other people. Like
Valerie says, we can not control the other areas and say it will ,
not happen. This site will retain all its water. Any other
objections?
Mrs. Wacker: I have one. I would like to ask you if. . . I can
appreciate you are concerned about a developer adding to a
problem. If there is a problem there why is it that the Town
approves or accepts an application for a project which if it
does not add to it, it certainly does not help. Shouldn't the
situation be remedied before you add anything more to it.
Obviously if you are adding more buildings you are going to
create more problems. It is inevitable. I. don't know if this is
your problem or the Town Board' s. It certainly seems to me that
this is something that should be investigated and studied before
any other developement is added to what is already a problem.
Mr. Orlowski: When someone comes in to subdivide, their problem
is to handle all the runoff from their property. And that is
their problem. In this case since 1985 they have been trying to
handle that problem to our 'satisfaction, our engineer' s
satisfaction. We believe that it has been handled now. That is
the best we can do. They have the right to make an application
to subdivide their property under the current zoning. They also
have the responsibility to maintain the water on their property.
Like I said, it has been three years already since they made an
application. You have seen our engineering bills for this
property, they are quite steep. We just wanted to make sure. We
wanted all the answers for the last three years. We are
satisfied now. Our engineers have given us. the report that we
needed.
Mrs. Wacker: Wouldn't you agree that if you don't except an.
application from another group that wants to develope until that
problem is corrected. Wouldn't you, as a reasonable human being
say, yes we should do that. I don' t where that falls, but is
something that should be considered.
.Planning Board 5 August 15, 1988
Mr. Orlowski: Everyone has a right to. . .
Mrs. Wacker: Nobody can say that the developer can be concerned
about the problem that is there. If there are problems we should
all say well lets fix this before we except any more
applications.
Mr. Orlowski: I don' t see how we can handle that. Everyone has a
right to subdivide their property. They cannot subdivide and
cause another problem somewhere else. That is the only way we
can handle it. There is a problem in that road. It is a Town
Road. I suggest that you go before the Town Board and petition
the Town Board to handle that problem. They are the ones that
are responsible.
Mrs. Wacker: It just seems to be too bad that we don't figure
the cumulative effect of anything. We say this fellow has. the
right to develope. It is according to our constitution to look.
We don' t say if he developes and this is going to happen and the
next guy who developes and that is going, to happen it is all
around the lot. Then you have the tragedy of the Commons. Where
each person is going to do a little more then he should..
Somebody in the government should be figuring what is going to
happen if the whole area, the whole neighborhood is developed.
Mr. Orlowski: Right. I think we are getting out of the
boundaries of this subdivision, and the Planning Board can not
do that. We are looking 'at one piece -of property and we have
boundaries we are confined to and that is what we are going to
address. A problem like that should go to the Town Board. I am
going to have to go on with this hearing. It is a good question
and if there is that big a problem created. by other properties
along side the Town Road then I suggest that it is the Town
Board you talk to. This Board is only addressing the project
that we have before us.
Mrs. Wacker: I think this is a problem in many areas in the Town
and maybe the proper avenue is to go to the Town Board.
Mr. Orlowski: Right, Town Board. Any other objections to this
subdivision? Hearing none, any endorsements to this subdivision?
Hearing none, is there anyone out there that is neither pro nor
con but may have information pertaining to this subdivision that
would be of interest to the Board?
Mr. Rego: Mr. Orlowski, my name is Neil Rego, I am the developer
of the 45 acre parcel that is in question on the preliminary
hearing tonight. With all do respect to the. Board, I have to say
they did a fantastic job for the Town. My engineer
unfortunately, Ed Bullock, is supposed to be here. I hope
momentarily but we are not only taking care of our 45 acres of
water. But the Planning Board saw fit to let us take in another
65 acres worth. I think if you check the calculations here, I
Planning Board 6, August 15, 1988
think we are taking care of . one hundred acres. I was not happy
to do it, but you made me do it. It certainly should be noted.
Mr. Orlowski: We touched on that. We did try to make sure we got
every little bit that we could. It did take us a long time but
we got there. That is where we are and we thank you. Any other
comments. Hearing none, any questions from the Board? Mr. Mullen?
Mr. Mullen: Yes, I have a comment. Number one I invite the ,
people to check the file. This. project has been engineered as,
recently as August 8. In addition I might recommend that we make
a consideration to the engineering firm when they make their
recommendation for a bond for the subdivision, that perhaps they
give consideration to protecting us for indication in regard to
the drainage situation.
Mr. Latham: Good point.
Mr. Orlowski: Mr. Latham?
Mr. Latham: Nothing other then that.
Mr. Orlowski: Mr. Edwards?
Mr. Edwards: No just that I agree with Mr. Mullen' s comment.
Mr. Orlowski: Ms. Scopaz?
Ms. Scopaz: No, nothing to add.
Mr. Orlowski: O.K. Being no further questions I will declare
this hearing closed and thank you for coming down.
Mr. Orlowski: Elijah' s Lane Estates, Section III- Public
hearing on the question of preliminary approval for this. major
subdivision. This parcel is located. at Elijah' s Lane, Mattituck.
SCTM #1000-108-4-7 .1. Everything is in order for a preliminary
hearing. We have proof of publication in the Long Island
Traveler/Watchman also in the Suffolk Times. I will ask if there
are any objections to this major subdivision? Hearing. none, are
there any endorsements to this major subdivision?
Mr. Popkin: Irwin Popkin, the applicant.
Mr. Orlowski: I think that is a yes.
Mr. Popkin: ' That is a yes.
Mr. Orlowski: O.K. Is there anyone out there neither pro nor con
but may information pertaining to this subdivision that would be
of interest to this Board?Hearing none, any questions from the
Board?. Mr. Mullen, Mr. Latham, Mr. Edwards.?
Planning Board 7 August 15, 1988
Reply of the Board: No.
Mr. Orlowski: Ms. Scopaz?
Ms. Scopaz: No.
Mr. Orlowski: Being no further questions, I will declare this
hearing closed and thank you for coming.
Mr.- Orlowski: Going onto subdivisions. East Marion Woods-
Board to make a determination_ on the final- maps of this major
subdivision, survey dated March 2, 1987. This parcel is on
59.827 acres located at East Marion. SCTM #1000-30-1-5.1. I
think any approvals should be subject to the fire wells as
recommended by the East Marion Fire District and street trees.
We also need a map with updated. Health approval. What is the
pleasure of the Board?
Mr. Mullen: Approval subject to.
Mr. Latham: Yes.. Subject to those things.
Mr. Orlowski: .Motion made and seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So' ordered.
Mr. Orlowski: DBM-Cluster proposal- Board to make a
determination on the preliminary maps on this major subdivision,
survey dated March 24, 1988, This parcel is on 37 .762 acres
located at Southold. SCTM #1000-55-6-15.1. Any approvals should
be subject to the drainage plans by the Engineer. Everything
else is in order.
Mr. Edwards: Approval subject to the drainage plans.
Mr. Mullen: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? ,So ordered.
Mr. Orlowski: The Woods at Cutchogue- Board to make a
determination on the preliminary maps on this major subdivision.,
survey dated May 25, 1988. This parcel is on 29.540 acres
located .at Cutchogue. SCTM #1000-102-1-4. Everything is in
Planning Board 8 August 15, 1988
order. We should comment that the final plans should show
complete road and cross sections so the applicant will be ready
to do that.
Mr. Latham: I will move subject to the final showing that.
Mr. Mullen: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor.)
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: . Hanach & Watts- Board -to take action on the
sketch map for this minor subdivision, survey dated as amended.
May 26, 1988. Board to start the coordination process to
determine lead agency and environmental significance. This
parcel is. on 12.623 'acres located a Cutchogue..
SCTM #1000-101-1-14.1. I entertain a motion to take lead agency
and coordinate that with the other departments.
Mr. Edwards: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. 'Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.. What is the Board' s pleasure
on the sketch? At this time. I think that we should ask for no
further subdivision.
Mr. Latham: Approve subject to covenants.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor? I
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered..
Mr. Orlowski: August Acres- Board to review David Emilita,
Planning Consultant, comments of August 12, 1988 on this major
subdivision. SCTM #1000-53-4-44. 2. Ms.. Scopaz you have a comment?
Planning Board 9 August 15, 1988
Ms. Scopaz: Yes. I just handed you a memo pertaining to August
Acres section I . You have deceived two sets of comments. The
first from the State _Department of Environmental Conservation
which has requested additional information pertaining to the
soils on site. The applicant has been asked to provide that
information. We have not received it yet. The DEC did not have a
problem with this Boards initial .determination of
non-significance. The Board' s environmental consultant, Dare
Emilita, does feel that the proposed action will have an impact
on the environment. Consequently he recommends issuance of a
positive declaration on the grounds that, .I will just summarize
it. I will read into the record his actual report. -Basically he
feels that the mitigation of the environmental impacts on the
pond must be addressed. The site is inadequately drained at
present. The second phase of the project must be discussed at
this time in order to avoid segmentation under the State
Environmental Quality Reviev�i procedures. Further, Mr. Emilita.
has recommended that an archeological survey be, conducted.
Basically to summarize his comments, he itemizes four basic
impacts that he was concerned about. The first is the impact on
the land. I am reading the last page of his report which was
received this afternoon. Construction is supposed to. continue
for more then one year. This. can be mitigated by adopting a
title construction schedule and providing certain environmental
controls. _during construction. There is an existing one acre pond
on site which is supposed to be used as a drainage area. This
can also be mitigated' by project change. The second impact of
which he is concerned about is impact on,_the. water. The proposed
action will likely cause siltation into an" existing 'body of
water. Namely the one acre pond on lot number one. This can be
mitigated by providing erosion control measures and placing the
pond in a conservation zone of ' open space. The proposed action
will alter surface water runoff and may cause substantial
erosion. . . .is not shown on the plan. It runs from the drainage
area and must be evaluated. It is possible that a direct
connection continues to lot number one onto the Sage Property,
which is to the' west of this property. No correspondence from
the New York State Department Environmental Conservation with
respect to a connection to title wetlands exist. I would like to
mention that the Trustees have also informed this Board that
they do have a permit on file for permission to run a discharge
pipe from the 'recharge basin into the wetlands. The applicant
would have to proceed with that as well. Back to the memo,
impact on drainage, several low spots pond during periods of
rain fall. The drainage system does not function properly and
must be redesigned. Some new construction of roads and drainage
may be' necessary. The purpose of the fifteen foot wide easement
to land now or formerly of Paconca needs to be explained and its
impact assessed. Fourth, impact on growth, phase two needs to be
incorporated into the plans at this time to avoid segmentation
under SEQRA. I have included here a copy of the tax map showing
the location of the proposed section two, which is not shown in
the file. This is a rectangular piece of property to the north
of the section one. It is adjacent to State Route 25..
Planning Board 10 August 15, 1988
Mr. .Orlowski: It appears that we should positive dec. this. What
is the pleasure of the Board?
Mr. Edwards: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the.
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Norris Estate Deveio meat- Board to review the
correspondence from David- Emilita, Engineering Consultant, dated
July 22, 1988 in reference to the Preliminary Draft
Environmental Impact Statement. Board to send the Preliminary
Draft Environmental Impact Statement to David Emilita for his
review. This was received by the Planning Board office on .August
12, 1988. Board to take a 30 day extension for the review of the
.Draft Environmental Impact Statement, from September 11, 1988 to
October 11, 1988. Ms. Scopaz 'do you have any comment on this.
Ms. Scopaz: No. Other then the correspondence that was received.
from Dave Emilita, the applicant has informed us that the Draft
EIS supposedly incorporates all those comments. When we review
it for completeness we will have to review it with-'Mr. Emilita`s
memo.
Mr. Orlowski: O.K. I will entertain a motion to send .the Draft
Environmental. Impact Statement to Mr. Emilita for his review.
Mr. Latham: So moved.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered. Also Board to take a. thirty
( 30) day extension to review the Draft Environmental' Impact
Statement.
Mr. Mullen: So moved.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Planning Board 11 August 15, .1988
' ote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards.
Mr. Orlowski: Opposed? So ordered..
Mr. Orlowski: Next we have Angel Shores- Board to review the.
Draft Environmental Impact Statement. This parcel is on 92.7
acres. located at Southold. .SCTM #1000-88-6-4,5,13 .1. Ms. Scopaz
do you have comments on this.
Ms. Scopaz: We have several comments from several agencies. I
will start off by giving a brief synopsis of what .their response
has been. We have any August 15, 1988 report from the Suffolk
County Department of Health Services.. They basically find the
document incomplete for public review. David Emilita, the
Environmental Planning Consultant, sent a August 11, 1988
report, he also finds the document incomplete, unsatisfactory
for public review. We have comments from Joe Hall from the New
York State Department of Environmental Conservation, and in his
report dated July 19, 1988. He asks for additional information
before proceeding with his review. The Town Trustees in their
report dated July 27, 1988, .did not make a statement. on the .
completeness of the report but they did say they prefer the
third alternative besides the no action alternative. I think
their comments are a little premature at this time. We will
address them after the document is completed. Finally, we have
received. comments from Frank Panack, who is another review
person in the State Department of Environmental Conservation,
but their Stony Brook office. Joe Hall is from-the Albany
office. In his report (Frank Panack) dated July 28, 1988, he
also makes additional comments pertaining to the accuracy of
some of the data that is in the report. If you want I can just
read what the insufficiencies that are in the report.
Mr. Orlowski: I think that this Board is going to make a
determination that this impact statement is incomplete and
therefore, send it back to the applicant. There is no sense
wasting any more time on it.
Mr. . Moore: William Moore, on behalf of the applicant. I did not
have the benefit of getting at least three of those sets of
comments. If it is your intention and desire to return the DEIS
for additional .material, I would ask in making a resolution
whether you incorporate these documents by reference or
otherwise., to keep this SEQRA to go along properly, set forth
the reasons why you are returning the document to us.
Mr. Orlowski: All of these will go back with the resolution.
Mr. Paterson: I would like to speak too. George Paterson,
president of the Terry Waters Association., which is contiguous
to this proposed construction; Angle Shores. .Before I speak on
my particular point, I want to second the lady that suggested to
you as a group that you should look at the overall impact to the
Planning Board 12 August 15, 1988
additional housing in this area. It makes be think that people
in New Amsterdam three hundred years ago, if they had a Planning
Board could have said to them about .lower Manhattan which
proceeded upward and is the present way now. We have question, .a
very serious question about the amount of water that is going to
be available after Angel Shores is completed and The Cove.
Whether they are connected legally or by ownership. rights. There
is talk about that. I don't know, but I do. know they are being
built and The Cove is being sold. It is a serious problem for
the local residence. You can not get any more local they we are,
our two blocks. We have been a long time and we are very
concerned about this particular problem. We hope that you will
look into to this more seriously and be extra cautious about
that. Frankly, we would prefer you turn the whole thing down.. .
Another question and objections is to a road, which I haveseen
on the proposed plan, going into Terry Waters. Going into.
Rambler Road Extension. Rambler Road Extension and Rambler Road
is a small Town Road. Nothing big at all. We would certainly not
like -to have this invasion from these other people through our
road and going up to the Main.. Road. Of course who knows where
they will be going and what times of day or night. We would not
like to have that road permitted at all. You may say, well they
need a second egress. O.K. let them get a second egress through
someone else, not through us. We are very concerned about that.
My next point is serious concern about the wetlands. If you look
at the wetlands, it is right in front of our houses.. We are .
looking right at what used to be two ponds there. The swans used
to be in the larger pond. There is not any,--pond now. It is a dry
bed. Can' I prove that happen. because of Angel Shores? 'No. But I
am very concerned about it. Already the local residence,-. not
only on Rambler Road Extension but the continuation Rambler Road
have been deprived of something which has been there since the
year one. We are very concerned about the wetlands issue. For
our sake and for everyones sake. We notice that they are piping
on the Main Road from Angle Shores straight down. It is very
extensive, I think to the Cove.
Mr. Orlowski: Yes, they are.
Mr. Paterson: There must be. some kind of an agreement or
ownership. I am not interested in that part. I_ do know that they
propose to take care of Angle Shores and. The Cove. I don' t blame,
them for investing money in it. But, what I am afraid of is that
will leave Terry Waters and other properties on the other side
of Main Bayview and also others, out without a drink of water.
If you approve of all of these things and don't protect us as
your first clients, who have been here all along, I think that
would -be objectionable. I would like to ask a question. Who is
paying for the piping?
Mr. Orlowski: It is between both applicants. The Cove and Angel
Shores. I would just like to say that water system is something
that has been approved by the Suffolk County Department of
Health.
Planning Board 13 August 15, 1988
Mr. Paterson: I don't care who approves- it. It is
Mr. Orlowski: When it comes to water approvals it comes out of
our hands and puts it in theirs. They have the responsibility to
make sure that there is no .adverse effect to the surrounding
area.
Mr. Paterson: That is not totally comforting, especially if our
water begins to taste salty. They can go home at _night to where
ever they go but we will 'be stuck there while Angel Shores and
The Cove is well taken care of. I am asking you to execrcise
everything that you can to protect your own neighbors here in
this area. Thank you.
Mr. Orlowski: We have walked this project, I don' t know how many
times. This has been in Court twice.. We are getting dizzy with
this. Right know we are worrying about the Environmental
Impact. We have a Draft Environmental Impact Statement that we
feel is not complete. It does not come close to answering all
the questions. Tonight we are going to declare it incomplete and
with all our comments send it back to the applicant. A lot of
questions will have to be answered. We .can only go from there.
We are very much concerned. We have been around those ponds and
in that low area for many years now. We make at least two
inspections a year and we will look at it closely.
Mr. Paterson: As I said before you only have to look at one
pond. What else can we, as Terry Waters-Association, do to help
this?
Mr. Orlowski: Any comments, you can address in writing to this
Board and when the impact statement is complete it will be
available for review. If you have any comments to make on that
you will have a period to make comment. The Board will review
them and send them back to the applicant to address them.
Mr. Paterson: How will we know when it is ready?
Mr. Orlowski: We will advertise. On this case we will probably
have a public hearing:
Mr. Paterson: Thank you.
Ms. Scopaz: If you want- to read the comments that will be sent
to the applicant, you can stop in the. office. .
Mr. Orlowski: I have a motion made and seconded to send it back.
Mrs. Wahl: Can I say something?
Mr. Orlowski: This is not a public hearing. I would like to get
on with the meeting.
Planning Board 14 August 15, 1988
Mrs. Wahl: I know I am going to be immediately effected by it.
My name is Ester Wahl. I am surrounded by Angel Shores. Right
know I just want you to know- that I bottle my water, because the
water table is so shallow. Salt intrusion. . . having that pumped.
What ever water I do have, Thompsons as well as the Mullen' s,
that little cluster of people that live at the very edge will be
effected tremendously. How will I or how can you help me?
Mr. Orlowski: You have to put these comments in writing and we .
will send them to the proper people and get some answers.. That
is all we can do.
Mrs. Wahl: I have surveyors going to my property all the time.
They are chopping branches down and trees.
Mr. Orlowski: They can' t do that.
Mrs. Wahl: I know, today 1 tcid they. better not. I called
the police. I don' t know who to call.
Mr. Orlowski: Right, well I would call the police. They can not
come on your property and cut .your trees down.
Mr. Wahl: They are. They said they can' t get through. I . said if
you can' t get through, you are not going to.
Mr. Orlowski: They can not do that. Put the comments in writing
and we will address them.
Mrs. Wahl: One other thing if I may. I know this is not a public
hearing. Everything has been a history of errors. Accidentally
not knowing. Having errors has been the history.
Mr. Orlowski: We will do everything we can to make sure there
are no errors.
Mrs. Wahl: Thank you. There is a little part marked on the .map
as park and recreation area. How could that accommodate
approximately seventy to eighty families?
Mr. Orlowski: We .are not sure that we are going to except that
yet. We are probably going to .take money in lieu of. . Any other
comments please send in writing.
Mr. Luca: Just a clarification. You said the Planning Board does
not take into consideration well water. A water supply of a
subdivision you approve?
Mr. Orlowski: Yes we do. The .County Health Department has to
approve everything.
Mr. Luca: You approve it.
Planning Board 15 August 15, 1988
Mr. Orlowski: We approve it after they give their approval. By
Article Six in Suffolk .County they have to provide palatable .
water.
Mr. Luca: The County Health Department approves the quality of
water not the volume?
Mr. Orlowski: Everything. They address everything. This water
system that is going in now. If you want to address the County
and find out what is going on down there, I would do that. We
are going to need some answers for this project also. It will be
in this impact statement which is no whereas near complete.
Mr. Luca: One question, when they approve it, that means that it.
will be sufficient and palatable for Angel Shores and The Cove?
Is that it?
Mr. Orlowski: It appears right now that is the way it is. At
least for The Cove.
Mr. Lucas: That don' t say anything about the impact upon the
other tax payers around..
Mr. Orlowski: They should be addressing that and I am assuming.
they are. That is part of their responsibility. When they give
their approval it should be where it is -effecting anyone else.
Mr. Lucas: You said it should?
Mr. Orlowski: I will not speak for Suffolk County.
Mr. Lucas: O.K.
Mr. Orlowski: Can I have a motion made and seconded.
Mr. Mullen: Yes.
Mr. Latham: Second.
Mr. Orlowski: Any questions on the motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham., . Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Next we have Charles DeLuca- Board to accept and
request compliance with the Engineer's report dated August 1,
1988. This parcel is on 10.38 acres located at Southold.
SCTM *100.0-66-2-2.
Mr. Latham: Move it.
Mr'. Mullen: Second.
Planning Board 16 August 15, 1988
Mr. Orlowski: Motion made and seconded.. Any questions on. the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski; Opposed? So ordered.
Mr. Orlowski: Richard Cron- Board to discuss the Engineer' s.
report dated July 1, 1988. This parcel is on 3 :725 acres located
at East Marion. SCTM #1000-35-5-5. Sidney Bowne, our Engineer
recommends acceptance. On our own inspection in the field, 'we
have our report. The road service is thin and weeds are growing
through the road, yet Sidney Bowne's report stated that the
stone blend service was placed satisfactory and they recommend
expectance. I think we should look into this and at least make
sure the weeds are out of the road way before final approval.
Mr. . Latham: I' ll move for that.
Mr. Mullen: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Gilbert and Ann Amiaga- Board to discuss Suffolk
County Planning Commission comments of August 4, 1988. This lot
line change is located on the North Road at Southold.
SCTM #1000-135-1-23 & 24.
Mr. Latham: Recommend compliance.
Mr. Mullen: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Hillcrest Estates Section I- Board to accept and
request compliance with the Engineer' s report dated July 20,
1988. SCTM #1000-13-2-8.3,8.36,8.10.
Mr. Latham: Move it.
Mr. Mullen: Second.
.Planning Board 17 August 15, 1988
Mr. 'Orlowski: Motion made and. seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr.. Orlowski: Winds Way Corp.- Board to accept and request
compliance with the Engineer' s report dated July 6, 1988. This
site plan is located at Cutchogue. SCTM #1000- 117-8-6.
Mr. Latham: So moved.
Mr. Mullen: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen., Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Francis Greenberger- Board to grant a six (6)
month extension, from September 7, 19.88 to March 7, 1989, . for
the filing of the final maps for this minor subdivision. This
parcel is on 15.581 acres located at East .Cutchogue.
SCTM #1000-97-3-18.1.
Mr. Edwards: So moved.
Mr. Latham: Second..
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Scott Kaufman- Board to grant a six (6) month
extension, from September 7, 1988 to March 7, 1989, for the
filing of the final maps for this minor subdivision. This parcel
is on 6.889 acres located at East Cutchogue. SCTM #1000-97-3-20.
Mr. Edwards: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Planning Board 18 August 15, 1988
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Charles Simmons- Board to grant a six ( 6) month
extension; from September 7, .1988 to March 7, .1989, for the
filing of the final maps for this minor .subdivision. This .parcel
is on 57.7 acres .located at Mattituck. SCTM #1000-112-1-8.
Mr. Latham: So moved.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered..
Mr. Orlowski: Site Plans: Mullen. Motors- Board to approve the
site plan subject to five ( 5) conditions. This parcel is located
on the Main Road at Southold. SCTM #1000-62-3-20. The conditions
are:
1. The grassed area shall extend. to;,.the westerly
property line.
2. The sidewalk which is shown as being 3 ' wide, but is
scaled at 5' shall be constructed at the 3' width.
3 . The grassed area between the sidewalk and the curb is
. shown as being 2' in depth. It shall be constructed so
as to extend from the edge of the sidewalk to the
curb, which is to be installed as per NYSDOT standards
and specifications.
4. The street trees shall be planted in accordance with
the provisions of Section A108-41 of the Highway
Specifications.
5. Any exterior lighting that may be added to the facade
of the addition or to the existing structure in order
to illuminate the facade of the addition shall be
shielded so as not to throw light beyond the property
boundaries.
Mr— Edwards: Move to except subject to those five conditions.
Mr. Latham: I think we should move it after he does it. Who is
going to put trees in during the next two months?
Planning Board 19 August 15, 1988
Mr. Mullen: There are five conditions, not just one.
Mr. Orlowski: The only thing, Mr. Mullen (Richard) has a good
comment, is planting trees in a car dealership creates havoc
with the paint on the cars. That there, I could probably go a
long with. There are no trees a long that area. There is grassed
area.
Mr. Latham: He couldn' t plant trees now anyway.
Mr. Orlowski: The' rest of this work can 'be done and we can hold
it.
Mr. Latham: I don' t think that the trees are right there.
Mr. Orlowski: That is just my opinion.
Mr. Latham: That is a good point.
Mr. Orlowski: O.K. Send those comments over the applicant?
Mr. Edwards: There has been a motion made and not seconded.
Mr. Latham: Second.
Mr. Orlowski: Motion made and. seconded. Any questions on the
motion? All those in favor?
Vote of the -Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Discussions: A Local Law in Relation to Zoning
(building lot yield)- Board to make a recommendation to the
Town Board on this amendment pertaining to building lots.. This
is to change the code.
The Code in the Town of Southold is hereby amended to. read
as follows: The total building lot yield. of a standard
subdivision, meeting applicable requirements,. shall be used
to determine the number of building lots which the Planning
Board make grant in a cluster subdivision.
This eliminates a penalty clause for clustering, which we
feel clustering leaves more open space. We can eliminate the
penalty and use the yield map, which we can- use on all
subdivisions. What is the recommendation. to the Town Board?
Mr. Mullen: I suggest approve the amendment on the floor.
Mr. Edwards: Second.
Planning Board 20 August 15, 1988
Mr. Orlowski: Motion made and seconded. Any questions on the
motion. All those in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: A Local Law in relation to Zoning (Abstract of
title)- Board to make a recommendation to the Town Board on
this amendment. I am not going to read this. I know the Board
has reviewed it. It is another one that they are in favor. of.
What is the pleasure of the Board?
Mr. Mullen: Approve and advise the Town Board accordingly.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded.. Any questions on the
motion? All those in favor>
Vote of the Board;. Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Next we. have. Peconic Trails- Board to discuss
this application for a major subdivision .with the applicant.
This parcel is on 44.6282 acres located at Peconic.
SCTM #1000-74-1-38. Mr. Saland, I guess you represent the
applicant?
Mr. Saland: Originally we came in with a. standard subdivision
plan. That was well over a year ago. We met with Valerie and
listened to her advise on how she would like to see the piece
developed and the fact that the Town was thinking about a water
protection area. We should cluster our lots to the north and get
together with our neighbor to the west, put in one road. Protect
the homeowners up on the Sound and do a joint venture. We. have
gone down this path for well over a year now and. come up empty
handed. We are frustrated. We have listened to what she would
like us to do and we can't comply. We have come back to the,
Board and we would like to proceed with our original map and get
on with it. Mr. Adams will not entertain a joint venture on the
road. Any reasonable compromise that the Board wishes me to do,
I am more then happy to comply with.
Mr. Orlowski: How about clustering to the North?
Mr. Saland: The problem in clustering to the north is that, I am
willing to go up partially, 'but the road cost are astronomical.
You are talking so many thousands of feet of .road. It is
condemning my property. I don't know if you have noticed or not
we are not in a boom right now on the North Fork.
Planning Board 21 August 15, 1988
Mr. Orlowski: Really?
Mr. Saland: No, we are not. Lots have been sitting and
developers have been suffering.
Mr. Orlowski: How about clustering to the south?
Mr. Saland: That was my original plan, was clustering to the
South, but Valerie had mentioned to me that the Town in it' s
wisdom was talking about a watershed area that I would fall
under and I had to cluster all my lots to the north. I find out
that. .
Mr. Orlowski: .I am just asking questions. I am not telling you
what to do right now.
Mr. Saland: Fine. That was my plan to cluster to- the. south. In
fact, I am willing to ;cork out. a compromise. If some land to the
south is left open, don' t make me put the road, all the road up
to the north. .Strike a balance. The parcel to the east, the
development rights have been sold. That will not be developed.
Mr. Adams plans to land bank his piece for now. That' s why we
came up half way.
Mr. Orlowski: I definitely think the Board would want to have it
clustered and at least get these lots down to 40,000. square
feet.
Mr. Saland: I am more .then happy to do that.
Mr. Orlowski: Does the Board have any other comments?
Mr. Latham: I don't off hand, but I don' t want to see it all
clustered to the south.
Ms. Scopaz: I might just suggest that you might want to schedule
this for a field inspection. A decision has to be made with
regard to the Michael Adams subdivision. Whether .that
application is still going to be pending or whether they are
withdrawing. Have they indicated to you, Dave, whether they are
withdrawing their application?
Mr. Saland: All I have is a letter from Mr. Raynor, the agent,
that they don' t plan to joint venture with us or proceed with us
at this time. So as far as I am concerned, it does not do me any
good to work with Mr. Adams. I have gone down that path twice
and three times. He is elderly and whether he vacates or he does
not care, I don' t know. I can' t hold my partners. I have been
here for a year. I have gotten no where.
Mr. Orlowski: Mr. Raynor did not have to go to far to send you
that letter, did he?
Planning Board . 22 August 15, 1988
Mr. Saland: No, he didn' t. I have tried. I am willing to
compromise. I am willing to work.
Mr. Latham: Would you like to keep in the middle, away from
Sound or away from the Highway.
Mr. Saland': That is what I am saying. I am saying maybe that is
the solution.
Mr. Orlowski: You are willing to- go down to the 40,000.?
Mr. Saland: Absolutely.
Mr. Orlowski: I think that the Board will definitely have to go
out in the field and make an inspection..
Mr. Saland: The only other thou,,;.'-It- �"':at I hM.4 was for the first
lot should be- a large lot, clustering score lots in the middle
and then the last lot should be a large lot. That way you would.
have the least impact on the water and visual. It would be the
best use of the property..
Mr. Orlowski: Do you have any. sketches of this?
Mr. Saland: No. What I am afraid to do so I keep coming up with
sketches, it cost me money, it cost me time.
Mr. Orlowski: I know this one. did take a..Iot. of.,time.. It was.
basically what the Board was looking for. We can' t make Mr.
Adam' s subdivide, because we are not here to do that. Let us go
out in the field and take a look at it. We know you are will to
go down to 40,000. Lets see what we can do with it and maybe
give you a rough sketch on what we would like to see.
Mr. Saland: Very good. Thank you.
Mr. Orlowski: Next we have Sun Refining and. Marketing- Board
to discuss this application for a site plan with the applicant.
This parcel is located on the Main Road at Mattituck.
SCTM #p1000-142-1-27 .
Mr. Depietro: My name is Author DePietro. I am a lawyer. I am
with the firm McNulty, DePietro and Spiess on Main Street in
Riverhead. I have with me tonight my associate Michael Walsh.
Who has submitted some of the doucmentations to your staff up
until now. Also, with me is Linda. . .engineer, from the firm
Sunoil refining and marketing. to answer any questions that you
or your staff may have. This is an application to revise the
existing service station on the northeast corner of Main Road
and Factory Avenue in Mattituck, adjacent to the A & P Shopping
Center. I anticipated in connection with this application that
we will also be going to the Zoning Board of Appeals for a
special exception permit and perhaps also either a variance or
Planning Board 23 August 15, 1988
an ordinance. This is in the general business category. What. we
want to do is put in a what is commonly known as a "Gas. and Go
service facility" . Self service gas pumps. Eliminate the repair
facility and put in its place a .convenience store. In connection
with that it is going to be our position with the Zoning Board
that the convenience store constitute a permissible accessary_
use under the Zoning ordinance. I don't think we need to get
bogged down in those legal interpretations. because that is a
Zoning Board matter and not your Board' s matter. What I really
want to discuss is the general layout of the site plan as Sun
has proposed it. And receive some comments from your Board and
your staff with regard to that. So ,that we might refine the site
plan and move ahead. I believe we have submitted several copies
of the revised site plan. I have one with me.
Mr. Orlowski: First question is, Do we need another convenience
store?
Mr. DePietro: I don't think. it is a question of need. I know
that your 'Board has an obligation to balance uses so that there
is not saturation in the community. I- submit that if it is a
permitted use, as we believe it to be and as we believe the case
law in New York states it to be and .Sunmarketing in .its wisdom
as well as the other oil company.' s are making a finding that
this is the way to go.. In a lot -of statistical studies done
where these convenience stores are exactly how I am
characterizing them. Accessary to the main. function of pumping
gasoline. They usually generate about twenty to twenty five
percent of the total business of the gas` station facility.
Fortunately ninety percent or more of the people who use the
convenience store came to the site to buy gasoline. Less .then
ten percent of the people come just to the convenience store, and
that might be late at night to buy a pack a cigarettes or
something. The gas station is the magnet that draws to the site.
The convenience store is there for the gasoline customers.
Mr. Orlowski: Are they looking at all.-night operation here?
Mr. DePietro: I really don' t know what hours of operations they
are talking about at this point.
Mr. Lowry: Next thing you know the A & P is going to want to
Pump gas
Mr. Orlowski: This is not a question and answer period.
Mr.. DePietro: The gentlemen's comment is appropriate. It is
something for your Board to consider. It is ,something that I
would like to speak of. Again, the marketing studies that are
being done nation wide and the planning and. zoning studies that
are being done nation wide show a two fold thing occuring. It is
almost like a two prong thing meeting in the middle. We have in
the -south and in the south east, the Cumberline chain of stores,
the Seven-Elevens, even in Brookhaven Town, that now have gas
Planning Board 24 August 15, 1988
pumps in front of them and we have service stations that have
convenience stores. There is sort of a confluence there. It is
almost historically like we are coming full circle. If you
recall in this Town and all over , the. east end, the first place
that we ever saw gas pumps was in front of a general store. Now
we have the tail wagging the dog, so to speak. I think
traditionally whether you think of the gas pump in front of the
general store or the convenience store behind the gas pump. it
just establishes what we are contending, that there is an
intimate relationship -between the sale of gasoline. Especially
in a mobile society where people spend a lot of time in their
cars and the sale of some other items consistent with the use.
Mr. Orlowski: You had to give them that idea?
Mr. DePietro: I think the form for that is the Zoning Board.
Mr. Orlowski: Is the Zoning Board, that is just my question.
Just a few comments on the site plan itself, The curb cut on the
west side is too close to the intersection. A minimum of 75' ,
Mr. DePietro: There is an existing curb cut at that . point. What
we are doing in the revised site plan is movin.g .it further from
the intersection than it already is. I would think that . legally,
since this is a valid preexisting lot in single and. segarate
owner ship, that we would have a right to maintain. the curb cut
and the apron where it now exist. What we are trying to do with
this is to mitigate the impact to some extent and improve the
site and the site plan by moving it further tothe east.
Ms. Scopaz: Would you have any objection to removing that
additional curb cut?
Mr. DePietro: Yes. The reason being, if you note from the site
plan, we have angled the entry way so that the eastern apron
looks and is designed to appeal to west bound traffic to come
in. The western apron is angled off to the south to .appeal to
Past bound traffic. If the east bound traffic were forced to use
the only remaining curb cut on the Main Road, namely the eastern
one, I believe there will as .much, or more negative traffic
impact then maintaining the two curb cuts as we now have them.
.Mr. Orlowski: I. don' t now if the Board will agree with that.
Also, this canopy is too close to the Main Road. The way it sits
right now.
Mr. DePietro: That is a modification that we were considering to
move back.
Mr. Orlowski: It appears that parking is insufficient for the
sales area. We would like to. see street trees instead of these
shrubs.
Planning Board 25 August 15; 1988
Mr. DePietro: Would you be thinking of a tree like the
Ornamental pear, they have been doing a lot of planting with.
Mr. Orlowski: Something that you can see and not drive over.
Mr. DePietro: But, also something that can be pruned up high so
there will be sight distance.
Mr. Orlowski: We want to keep the sight. We don't want a bunch
of Christmas trees in there. Does the Board have any other
comments?
Mr. Mullen: Can you give us a list of products that you
anticipate selling.
Mr. DePietro: It would be part of the site plan. I am not
prepared to. . .
Mr. Mullen: I am quite disturbed, because one in particular in
Peconic, the Mobile Station. I go in there and they sell babies
diapers, stockings, charcoal, beer. You can get a meal there. I
don't believe, this is my personal .opinion, that we should have
a gas station go into a full service operation with everything
except a funeral parlor. That is what we are getting out here.
We don' t have the parking facilities. That is a very, very
severe area. as far as traffic, as you are well. aware of. There
is going to be a bad one there. With the new construction they
are anticipating in that area, it is going.., to. be murder. I sat
here a year or so ago with another situation and they were only
going to sell soda, beer and this. I have gone in there and I
don't buy gas there on purpose and it is a real disaster in what
they sell. I would appreciate if you would give us some input as
to what you anticipate doing. I want to alert you to the fact
that this is going to be kept in our file. I will personally
bull dog you if you get this approved .and you over step. I don't
mean a couple of items. If you start to- sell for example, .
furniture in there. Don' t laugh, it has happened.
Mr. DePietro: I can fully sympathize with the Board. If an
applicant makes a representation and you set some ground rules,
you should to held to it. What you are suggesting to me, is that
we create a categorical list of items.. We are talking about
apples and not oranges. Or we are talking about items. . . .I would
assume we are talking about convenience items related to people
who come into a gas station, get some gas. They stop in and they
want to get cigarettes, candy., coffee, a soft drink and
something related like that.
Mr. Mullen: Right.
Mr. DePietro: I don't think we are talking about furniture.
Mr. Mullen: That is what I would like to see.
Planning Board 26 August 15, 1988 .
Mr, Latham: I believe in the sale of beer but not in a filling
station.
Mr. DePietro: I agree. Even the state of Texas has finally
passed a law that you can not have open beer in the car. There
are a lot of good old boys that are very upset about it. I agree
with you that gasoline and beer don' t mix.
Ms. Scopaz: Mr. Orlowski, I -think Mr. Mullen brought up a very
good point which could be used to perhaps address the problem
that you discussed earlier with regard to removing one of the
curb cuts. Perhaps the applicant could back up his assertion
about leaving the curb cut in by providing the Board with some
traffic analysis. Since they are aiming to increase the volume
of business on the site, it is reasonable to expect that there
will be a proportionate increa-se L traffic.
Perhaps we can ask them to present- a s:^all traffic analysis of
that corner and to discuss in there how the proposed change will
have a beneficial impact on that. We could then use that to make
the decision as to whether we want to remove the curb cut or
perhaps restrict it to one way only,
Mr. DePietro: We would be very happy to provide a traffic study.
.substantiating what we think is the reasonableness of this
application.
Mr. Mullen: Could you make that in the summer time rather then
in January or February?
Mr. DePietro: We will try.
Mr. Orlowski: Labor Day weekend will be alright.
Mr. DePietro: Linda, do you _have anything to add?
Linda: Just that they had mentioned about the canopy being too
close to the road. how far would you like it to be?
Mr. Orlowski: I am just looking at it .and I can tell. it is
already too close. You would have to go to the Building
Department and see what the set back is. I am not exactly sure
what they are going to ask.
Ms. Scopaz: Thirty five feet.
Mr. Orlowski: Thirty five feet?
Ms. Scopaz: There is nothing else along that stretch of road.
that is that close, with one exception, and that is the North
Fork Bank drive-in over hang. I would have to check that. You
might want to check that out. The front yard set back is thirty
five feet.
Planning Board 27 August 15, 1988
Mr. DePietro: That would be from the property line not the curb
line?
Ms. Scopaz: The property line, right. The curb line was set by
the State, but it would be from your property line.
Mr. Orlowski: These canopies to look pretty immense out there. I
don't know what to tell you as far as dressing it up. I don' t
know if we have an elevation here or not. We .would like to have
an idea of. what it is going to look like.
Mr. DePietro: We have three, as far as the store itself is
concerned, we have three alternate designs..
Mr. Mullen: You have other stores set up already in the County.
Mr. DePietro: Yes.
Mr. Mullen: Can you give us a couple of locations that are near
by that we can take a look at.
Mr. DePietro: Sure. When I submit the other items I will give
you a list.
Mr. Mullen: They are already established?
Mr. DePietro: Correct.
Mr. Latham: You are going to operate this?
Mr. DePietro: It is going to be operated by Sun Oil; to my
understanding. I have not gone into any great detail on that. I
believe they are going to operate it. out of a parent corporation
with employees. If they intend to license it or franchise it, we
have nothing to hide. We will let you know.
Mr. Latham.: It is probably not a proper question any way. I just
thought I would ask it.
Mr. Orlowski: Ms. Scopaz any other comments?
Ms. Scopaz: I just want you to be aware of one thing. The Board
has reviewed other gas stations .and it' s position on lighting .
and canopies. You should be aware of when you come in with your
canopy, that all the lighting, when it' s installed, has to be so
directed downward that it does not shine off site.
Mr. DePietro: I understand.
Ms. Scopaz: Does your proposed canopy have light around the
outside of it?
Planning Board 28 august 15, 1988
Mr. DePietro: I believe there is rear illumination through
letters and logos. It is florescent lighting coming through
panels.
Ms. Scopaz: Correct me if I am wrong, but I don't think this
Board has approved any canopies like that. All of the canopies
that have been approved are dark and the lighting is underneath.
Mr. Orlowski: I think all of the existing canopies in this Town
are up there unapproved, so we just want to forwarn you that we.
are not going to put up with it any more. We want to do it right.
Mr. DePietro: I have copies of all the cases you refer to and.
that is why we are here before a formal application. Sun, when.
they contacted me said we know that there has been problem, we
know that there is tension. They wanted me to go to the Board
wide open and candid and have a good dialog with you as to what
ever we are going to do. Rather then build it first.
Mr. Orlowski: We appreciate that and. that is why we called you
in so we could let you know how we feel.
Mr. DePietro: This particular site is not impacting in any way
shape or form on the immediate surrounding residential area. It
is probably the most intensely developed cores. of Mattituck as
far as shopping center business is concerned, I did not mean to
be facetious but the architectural design of the. movie theatre,
the A & P the stuff on the .south side many .of which the lots
don' t have any curb cuts. I don't really feel to bad making this
application.
Mr. Orlowski: That was another Board that approved. the rest. We
would like to see it done right. When these canopies go up,
especially right there at the top of the hill. I know now with .
out it being there that it' s going to be a site for sore eyes.
We would like to see it done in good taste and with some kind of
facade that is the best looking thing there that is possible.
Mr,. DePietro: Any design input your Board may have, we are happy
to. . .
Mr. Latham: Something like the North Fork Bank.
Mr. . Mullen: We will see what they have in other areas.
Mr. Latham: Is there going to -be any diesel or large trucks or
don't they have room for that?
Mr. DePietro: I don' t believe they intend to pump that.
Mr. Mullen:. It does not show it on the map.
Mr. Orlowski: Are those canopies needed?
'r I> •
Planning Board 29 August 15, 1988
Mr. DePietro: It is hard 'to do self service in this climate
without something over your head.
Mr. Orlowski: O.K. Any other questions from the Board?
Board: No.
Mr. DePietro: If there any questions that come up feel free.
Mr. Orlowski: Well, get us this information and if there are
some others that you can get us pictures of, we sure would . like
to take a look at it.
Mr. DePietro: Thank you for your time.
Mr. Orlowski: Thank you..
Mr. Orlowski: We have to set the next meeting. Lets make .it
Tuesday, the 30th. I will entertain that motion.
Mr. Edwards: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those -in favor?
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Edwards.
Mr. Orlowski: Opposed? So ordered.
Meeting was adjourned at 9:00 p.m.
Respectfully submitted,
r
M. Thorp, Secretary
hold Town Planning Board
DECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
LBENNETT ORLOWSKI,JR. CHA RMAN DATE I . HOUR a 0P k
Town Clerk, Town of Southbld'