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HomeMy WebLinkAboutPB-12/14/1987 F� P D T LD S Y Southold, N.Y. 11971 (516) 765-1938 PLANNING BOARD MINUTES December 14, 1987 The Southold Town Planning Board held a regular meeting on Monday, December 14, 1987 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold. PRESENT WERE: Chairman Bennett Orlowski, Jr. Member William F. Mullen, Jr. Member Richard G. Ward Member Kenneth Edwards Executive Administrator Victor Lessard Town Planner Valerie Scopaz Administrative Assitant Diane M. Schultze Town Attorney Francis J. Yakaboski ABSENT: Member G. Ritchie Latham, Jr. 7:30 p.m. Public hearing on the question of approval of the minor subdivision of Verveniotis, Plevritis, and Yianourakis located at Horton's Lane, Southold for 4 lots on 12.3'.acres, SCTM # 1000-53-3-21. Mr. Orlowski: Good evening, I would like to call this meeting to order, first order of business is a public hearing on the question of -approval of the minor subdivision of Vervenoitis and others located at Horton's Lane, Southold. We have proof of publication in the Long Island Travier Watchman signed by Pat Woods, notorized by Barbara Forbes, we have proof of publication in the News Review signed by Christina Contento and notorized by Mary Deegnan, Suffolk Times, sorry. At this time, everything is in order for a public hearing and I will ask if there are any objections to this subdivision. Hearing none. Are there any endorsements of this subddivision. Mr. Strang: Good evening, Garratt Strang, applicant, acting on behalf of the applicant for this minor subdivison. As you are well aware the applicantion has been pending, for some time, we have had several extensions. The Village Board has approved the situation of obtaining water for the lots and we are in contract with the Village of Greenport to provide water. The owners of the parcel are in fact negotiating to start the installation of the water main, we have Health Department approval based on that, final approval is basically in the hands of this Board at this time. We respectfully request approval. Mr. Orlowski: Okay, are there any other endorsements of this subdivision? Plaicining Board Page 2 12/14/87 Mr. Orlwoski: Hearing none, 'is there any one out there neither pro nor con but with information pertiaining to this subdivision which may be of interest to )this Board. Hearing-•none, questions from the Board, Mr. Mullen, none; Mr. Ward, none; Mr. Edwards; none; Ms. Scopaz, none. Okay, being no further questions, i will declare this hearing closed and thank you for coming down. On a motion made by Mr. Edwards, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board set Monday, January 11, 1988 at the Southold Town Hall, Main Road, Southold as the time and.:place for the next regular Planning Board meeting. Vote of the Board: :.Ayes: Orlowski, Mullen, Ward, Edwards On a motion made by Mr. Edwards, seconded by 'Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the minutes of the regular meeting of November 10, 1986. Vote of the Board; Ayes: Orlowski, Mullen, Ward, Edwards On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board approve the minutes of the regular meeting of April 13, 1987. Vote of the Board; Ayes: Orlowski, Mullen, Ward, Edwards ON a motion made by Mr. Edwards, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board approve the minutes of the regular meeting of November 23, 1987. Vote of the Board; Ayes: Orlowski, Mullen, Ward, Edwards Planning Board Page 3 12/14/87 Henry Arbeeny -- SCTM # 1000--59-7-31 Mr. Orlowski: Next, we have Henry Arbeeny, Board to take action on this preliminary map-'-for this major subdivision located at Kenney's Rodd,and County Route 48, Southold. This is six lots on 7.5 acres, 3 lots on the B zone. Approval should be subject to the buffer between the residential and business zones, put on the map. Mr. Ward: So moved. Mr. Orlowski: Valerie, you had some comments on Arbeeny. Ms. Scopaz: Basically, at the hearing at our last meeting, a suggestion was made which the Board see-ied to be infavor of which was requiring a buffer between the subdivisio-.= commercial property and residential property. What I have done is drawn up a condition which if the Board-,.agrees with, it can adopt. ' ,The firial,:map shall'show a 10' buffer-conservation easement to run along the rear or northernmost property lines of lots 4,5,6 and the lot of the businessi,property. The terms of the easement would be that the easement sh.all, be planted witha mixture of deciduous and evergreen trees. The easement shall not be cleared or clear cut, although routine maintenance of treese in accordance with acceptable horticultural practice shall be permited. No structures or building of any sort shall be placed within this easement area. The last condition would be that the terms of the easement shall be stated on the final subdivision map and with the deeds.-of Lots 3,4,5, and,}6. The reason why it would be in the deed of lot 3,.'which is a,-residential lot,is that it would give that property owner notice that he does have the right to that. Mrs. Moore: Pat Moore, for the applicant. That is a good suggestion to have a buffer area, but may I suggest that the buffer be on lot 3 rather than on the commercial properties because on one of the, in particular, Lot 6, may not be sufficient size to create a 20' buffer. So, maybe create that buffer so that it is incorporated into the largest of the lots, which is lot 3. Mrs. Scopaz: You could consider that option just recognizing that it will require a residential to provide there own buffer. The other thing to be considered is that that 20' , ordinarly when you are designing a site plan for commercial property, you try to get a minimum of a certain number of feet between parking lot and property line. You can incorporate that 20' easement into.:the overall arrangement for the site plan. It is up to the Board how it wants do it. Mr. Orlowski: What is the Board's pleasure. Mr. Watd: I think it is the responsibility of the commercial developer to buffer when he builds for the ,residential. Maybe it could be done by a 10' each side or some compromise. I will _amend my resolution to be that way , 10' on either side of the property. On.a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board, •following a public hearing, Planning Board Page 4 12/14/87 approve the preliminary maps for the major subdivisioncof Henry Arbeeny located at Kenney's Road and County Route 48, Southold, survey dated as amended October 7, 1986 subject to the following conditions: 1. The final map shall show a:,10' buffer- conservation easement to run along the rear or northernmost property lines of lots 4, 5, 6 and a 10' buffer conservation easement to run along the southernmost property line of Lot No. 3. 2. The terms of the buffer-conservation easement shall be as follows: a. The buffer- conservation easement shall be planted with a mixture of deciduous and evergreen trees. b. The easement area shall not be cleared or clear cut, although routine maintenance of trees in accordance with acceptable horticultural practice shall be permitted. C. No structures or buildings of any sort shall be placed within this easement area. 3. The terms of thdi easement shall be stated on the final subdivision map and with' the '.deeds of Lots 3,4,5, and 6. t Vote of the Board; Ayes; Orlowski, Mullen, Ward, Edwards Golf View Estates - SCTM # 1000-35-2-16. On a motion made by Mr. Ward, seconded by Mr. Mullen, the following action was taken: WHEREAS, a formal application for the approval of a subdivision plat entitled "Golf View Estates" was submitted to the Planning Board on February 19, 1987 and the filing fee was paid, .and HWERHEAS, a final public hearing was held on said subdivision and plat at the Southold Town Hall, Main Road, Southold, New York, on Monday;:•,,. November 23, 1987 at 7:30 p.m. , and WHEREAS, the requirement sof the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Golf View Associates for approval of said subdivision plat prepared by Peconic Surveyors, John Metzger, and dated as last revised November 5, 1987, be approved and the Chairman be authorized to endorse approval on-,said subdivision subject to the following: 1. Receipt and accept"of a bond, passbook, or letter of credit, for the road improvementst ;in the. amount of the bond estimate. 2. Receipt of revised surveys indicating a cul-de-sac at the end of thej-right-of-way as well as a 22' improved road with drainage and profiles, as per the Town of Southold Highway Specifications. Planning Board Page 5 12/14/87 Vote of the Board; Ayes: Orlowski, Mullen, Ward, Edwards On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was RESOLVED that the Southold.'.Town Planning Board authorize the Chairman to endorse the minor subdivision of Stanley and Helen Simchick located at Cutchogue. Vote of the Board: Ayes: Mullen, Ward, Edwards Abstained: Orlowski (related to the applicant) On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the approved lot line change for Walter and Marilyn Gatz. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the approved subdivision for Saland / San Andres located at Laurel. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards Mr. David Saland approachdd- the Board at this time andquestioned if the Board would make a determination under the State Environmental Quality Review Act for the major subdivisionof Wolf Pit Associates. The Boardnoted this was omitted from the agenda by an oversite and the .Chairman stated that this would be reviewed at the end ,of the prepared agenda. On a-motion­mdde by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board recommend, following a field inspection, that the Southold Town Board release the passbook held for the major subdivision of Paradise-by-the-Bay located at Southold. The Highway Superintendent and Engineering Consultant have-also noted that all improvements as per the bond estimate have been complied with. Vote of the Board; Ayes: Orlowski,Mullen, Ward, Edwards Planning Board Page 6 12/14/87 On a motion made by Mr. Mullen, seconded by Mr. .Latham, it was RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the approved set off for Peter Blank, lo.eated� at:-Orient. Vote of the Board: Ayes: Orlwoski, Mullen, Ward.; Edwards On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the set off for Richard and William-.Gllooly to set -off 3.2 acres from 13.4 acres located::at Tabor Road, Orient, survey dated November 17, 1987, SCTM # 1000-25-2-p/o 4, 15 - 20; subject to 1. Receipt of endorsement from the Suffolk County Department of Health Services, pursuant to Article 6. Voter-of the Board: Ayes: Orlowski, Mullen, Ward, Edwards Southold Villas - SCTM # 1000-70-1-6 Mr.. Orlowski: Mrs. Patricia Moore and Isaac Sedmer have scheduled a presentation at the Board's request to discuss the proposed change of. zone pending before the Town Board. Property at Main Road, Southold. Board is to .make recommendation for the change of zone from A-R to M and A-R to AHD on this property. Mrs. Moore: Mr. Sedmer asked forme to apologize for him. I was unable to reach him until later on this afternoon and it was impossible for him to be here this evening. And he would have been here if possible. I have with me this evening, Merle Wiggon of Peconic Associates and he is consultant on the water and the planning aspects of this project. We have submitted to you an affordable housing project which we hope will be acceptable to the Board and that you will recommend to the Town Board. This project is what we hope is flexible and acceptable. It is divided into two parts as you can see by the(�plan. One half of which would be under the.:affordable legislation. All of those lots would be sold to individuals qualifing under the affordable housing designation. The other of the property would be the multiple unit with the two and four bedroom of two andthree units per building. The paper work for the most part speaks for itself. I am here to answer any quetions you have I don't want to take your valuable time this evening. If you have anyf;questions, we will be happy to answer them. Mr. Orlowski: Okay, does the Board have any questions at this point? Ms. Scopaz. Ms. Scopaz: I understand that the proposed well site has not been determined. Has the proposed well site been determined? r Planning Board Page 7 12/14/87 Mrs.Moore: We have come up with water quality that is not acceptable at this site. We have tried closer to the Main Road as well. We are finding that the water quality is questionable and we may have to seek other sources of water and negotiate with Greenport. So, it does create more fliexiblity at this point, since our site is forLthe most part been eliminited. Ms. Scopaz: Do you have any time frame on this. Mrs. Moore: No. Mr. Wiggon: Perhaps, I can answer that, this is the second.�well test that has been done on the property and the problem has been the nitrates. And it has been proposed that further pumping might reduce,it;and the owner is prepared to make a decision.!.about that with regard to the layout of the property. We can make that the source of water supply. He will make that decision as soon as possible. In fact, he has made that decision, he doesn't know where yet. Mrs. Moore: To some extent he has:iasked that I relay the message that if he were to choose another site for the well, he is not about to acquire i another piece of property not knowing whether the Town will approve the application. It seems a little backward that is why he is hoping to get some kind of response from the Town and that way be assured that he is at some point.)befor,e.-he:Ygoes-and acquires another piece of property. Mr. Ward: But your final density is based on water and sewer. Mrs. Moore: Our final density'_is .as has been proposed with water and swere. Mr. Ward: So, if you didn't get water, you won't be able to have these size lots. Mrs. Moore: Oh, yes, if we don't find water than the whole project may be scrapped. That is why he is optimistic that he will be able to have another piece of property. Otherwise we have to stand inline in Greenport and it may take years. Mr: .Wiggon: Perhaps, I should qualify one of the comments particularly the yield, the yield is based on 20,000 not 10,000 on the plan there will-.be public water supply, but individual sewers. Mr. Orlwoski: Is there any reason why you are separating the zones here and not jsut applying for the AHD. Mrs. Moore: Well, we were concerned with the limitations in AHD because theemultiples will be privately owned, condominimized and it was unclear if the AHD permitted that is why we separated the property into two. We also liked the idea of separating it so that it would be, he would not do one project without the other, in other words, one is very dependent on the other. Mr. WArd: We were under that the Affordable HOusing District allowed for the 50/50 split. Planning Board Page 8 12/14/87 Mrs. Moore: It does allow the saletof 50% of the properties but it is unclear when it lists the housing,,types permitted. It is unclear if the multiples could be sold as condominiums individually and it is very clear; it. is charted waters under the multiple whereas the affordable housing, is is learning step by step and we would rather be assurd that we are going to get what we want before wef,submit an application that may ultimately give us what we want. We told the Board that we will•:covenant that 100% of the lots will be sold under affordable so that the question about 50% we willnot try to sell 50% of half of the proeperty. We will covenantthat the entire property and lots will be sold under the affordable housing. Mr. Orlowski: Could you see that Counsellor? Mr. Yakaboski: There is no indication although there is an indication that there are_,attached units which would limit the:in 'sub B::of the regulations. It is understood that if attached units are allowed, they would have be condominium or co-operative arrangement and could not be sold otherwise. Mr Orlowski: AHD is meant to accommodatea.attached housing and the only way .you are going to sell one is. . . Mrs.`:Moore: Well, it is unclear whether they wanted rentals or attached units might be under the rental and saying yes, the multiples could be rented but not sold. It is very unclear and the client chose:,to_-do it this way. We advised that under multiple it is likely that we could sell them just as ,we did under the M. Mr. Yakaboski: I think that is what the legislation intent it. Under 155.7 E, subdivision 1B, I think it is clear enough that the attached units could be sold and as such would have to be under.-a condominium or co-operative arrangement. Mr. Orlwoski: .I don't see this Board, and I may be wrong, being in favor of an M, zone. When we went through all this work and agravation to create and AHD zone, which I think will accomodate this in the same way. Mr. Ward: I think:.the other problem-,with doing it right_.-now, putting the cart before the horse, the site plan elements are going to be locked in by a zone change line and we would rather have the flexibility. We- have certain things on the plan':arid we would like to decide if it does go ahead, in terms of buffers and other things and existing housing and we are not going to have the flexiblity we want. Mr. Mullen: I would l keito have it go all under AHD. Mr. Orlowski: And, ,you still have::the problem of water which you are trying to resolve. I don't think that we will make any recommendation right now. Mrs. Moore: Well, I would request that you make some kind of recommendation. If it means putting the entire piece under AHD, I would rather that. Rather than having it go back and forth request that you make some kind of recommendation. If it means putting the entire piece under AHD, that is fine, I would recommend to the client that that might be the most expedient way of handling it. BUt�: the TownBoard will want your�-recommendation Planning Board Page .9 12/14/87 Mrs. Moore: And, any recommendation that you do have with regard to buffer, we would happy to do it at this point. We don't want to go back to the surveyor 300 times we would rather get them all.:iand save time. Mr. Orlwoski: What is the Board's pleasure? On amotion made by Mr. Ward, .seconded by Mr. Mullen, it was RESOLVED that:..the Southold Town Planning Board refer the following comments to the Town Board with regard to the change of zone request for Southold Villas from A-R to M and from A-R to AHD located at Southold: The Planning Board is not in favor of the change ofozone from' A-R to M and recommend that the entire property be handled under the change of zone for the AHD Zone. The Board feels that the proposal could be handled with the provisions of the Affordable Housing District. Vote of the Board; Ayes: Orlowski, Mullen, Ward.; aEdwards. Apolonia Stankewicz SCTM # 1000-75-6-6 On a motion made by. Mr. Ward, secondedby. Mr. Mullen, it was RESOLVED that the Southold Town Planning Board:-.approve the set,!off­for. the Estate of Apolonia Stankiwicz located at Southold, SCTM # 1000-75-6-6 to set off 80,000 square feet from 26 acres located.-;at Main Road, Southold subject to: 1. Obtaining access to the remaining 24 acres from the adjoining property to the East over the adjoining 50 foot right-of-way. If this can not be obtained, a 50' access is to be provided along the easterly property line of the Stankewicz property. 2. Endorsement�:of the Suffolk County Department of Health Services pursuant to Article 6. Vote of the Board; Ayes: Orlowski, Mullen, Ward, Edwards Hillcrest Estates Section I - SCTM # 1000-13-2-8,39; 13-2-1,3,8 Harbor Lights Section 4 - SCTM # 1000= Mr. Orlowski: Next, we have Hillcrest Estates, Section I, Board to make recommendation to the Town Board with regard to the improvements:-and letter of credit. I don't believe we are finished down there. Mr. Yakaboski: May we have a report from the Planner. Ms. Scopaz: I made an ins pection with Mr. Latham;. and Mr. Mullen. There are certain things missing. The fire well, street trees and the last coat, top coat of asphalt have not been completed. Planning Board Page 10 12/14/87 c Mr. Mullen: The drainage wasn't done. Mr. Yakaboski: So what you are saying is 'that your inspection really don't take issue the report of October 20, of Sidney Bowne. Mr. Mullen: Absolutely. Mr. Yakaboski: Then I take it it is not finished yet; Mr. Hall: May I address a couple of things. I won't get into the heavy things yet. I know on the meeting a November 9; you issued a letter regarding an inspection that was done by Mr. Mullen, Mr. Latham, and Valerie Scopaz. The first two items on-the .thing, one the fact that there is only one leaching pool.. All four leaching pools are there, three of them are underground. Next one, catch basins that are above grade, they are above grade because the top course has not been put down. They are at the proper grade. Mt. Orlowski: But the top course of asphalt has not been put down. Mr. Hall: Acknowledged. We have acknowledged thatit'-is not there. Mr, Orlowski: Are you going to extend the letter of credit that we now hold. MR. Hall: Is there a time frame on it. Mr. Orlowski: Well, it goes to the2lst of January. Mr. Hall: Yes, Mr. Reese said that it will be extended. Mr. Orlowski: Well, what it the question, it is not finished, so. Mr. Hall: Well, we know that and the only reason we are here tonight, and I think the only reason it is on the calender is Mr. Yakaboski approached me: Actually, I approached Mr. Yakaboski here in the Town Hall, here on Friday, four days ago. He then went and had- a meeting with the Town supervisor based on my request and came out of that meeting and said Michael, you-:and Mt. Reese better be here Monday night, because we are putting it on' the calender both Hillcrest and Harbor Lights, so that they can be discussed. The only thing that I can repeat. I have give a memorandum siting Section 277 of the Town Law, I just don't think it is clear that the State law says either or. Either completion or bond before construction can be approved. Specifically, Paradise by the Bay, there is a house up there, we all know whose house it is and it is half finished before there was any paving done. I know it is finished now, but it seems like the Board is being arbitrary. I know they have problems with Mr. Reese, perhaps on other subdivision. Mr. Orlowski: That has nothing to do with it. Mr. Hall: Okay, but it just seems like. Mr. Orlowski: This Board does not issue building permits, number one, when this Board is asked to release a bond or to release any building permits, this Board will not do it unless work is complete 100%. Planning Board Page 11 12/14/87 Mr. Orlowski: That is the Board's set policy. I believe that counsel is here to back up us on that. Mr. Yakaboski: Just a slight correction for the record. I did not meet '. with the Supervisor, I consulted on Friday with Ms. Scopaz regarding Harbor Lights and Hillcrest and I know your position regarding the bonding or in this particular case the letter of credit. The Board is very concerned concerning the issuance of vacant lot certificates of occupancy and or building permits on lots in a subdivsion while approved which has not yet been completed as to curbs, drainage, and in this in particular also a fire well becasue no certificate of occupancy could issue certainly until completion and we are put in a situation that is the Planning Board to some degree but moreover the Building Department in that we grant a building permit, constructin commences and then a personor couple is - not permitted to move into their home because the improvements are not complete. Andy yes, ,there is a slight history of what might be considered delay or dilatary progress in some other projects and it is a problem for us in that we have numerous calls from people who have purchased lots and who are unable to build and we are frustrated. We might as well hop up the bottom of this page to Harbor Lights to this part of the agenda since we are talking all of them. We reach the question, really, at what point do we say, enough is enough and call the bond. In Harbor Lights, we are over four years now, on Hillcrest, I think we-are at least two. If I am not mistaken. Somebody correct me, if I am wrong. I think I saw our first letter of credit .back in 1985 on this one. What can you tell us, really what can you tell us . Right now, I am presuming that the asphalt plants are closed. If I am wrong somebody tell me, I may be wrong, I don''t know. Mr. Hall: I think I saw Corrizini's trucks yesterday laying asphalt, but I don't know. Mr. Yakaboski: I know they have a fixed dead line when they close and it an arbitary time. The weather may look great but they know that time is drawing to an.:end and they-fix a closing date. Quite candidly, if the final coat were down tomorrow and the fire well was in and the curbs, which we by the way have a report of October 20, which our Board report obviously doesn't agree with. We are at sharp issue with the matter of the completion of the curbing and the fire well is 'of major concern to us. I mean I would be the first to recommend to the Baord that if it were done that the Board convene a special meeting and not wait and approve and release the bond and authorize or �at least apprise Mr. Lessard in the Building Department, everything is done, go ahead at 90 miles an hour. Because it is no fun for us either. I am called, you and I fight day after day on the telephone. Mr. Orlowski and I debate back and forth. You don't like us telling you Mike you go out there and put asphalt down, because you don't like to put ashpalt down, but we don't have, we can't answer anything. We don't want to give approval that f leads to the issuance of a building permit or somekind of a representation z to'.a.banking institution that this vacant lot is now satisfactory for building purposes. Mr. Hall or Mr. Doe go out and get a mortgage approval on a vacant lot and then look to do their buiding and then we say, no. Then everybody is called up short and we only have more problems. Candidly, again, I am not saying this, you have investments. We would rather and Planning Board Page 12 12/14/87 Mr. Yakaboski: fight and argue with one guy, or one gentlemen, rather than have a dozen couples in here yelling at the Plannng Board or the Building Department or the Town Board for approving a subdivision and permitting them to buy land and not have the ability to go forward and begin construction. Mr. Hall: But it still seems as per the Town Code and the Law that constrtuction can be commenced and the Building Department can issue a building permit. Granted, I mean, I have an affidavit from Mr. Reese, which I am prepared to hand out to- the Board. In my affidavit he says it is my intention not to do final asphalt paving until late Spring, early Summer 1988 in order to avoid needless wear, tear, and use of the final asphalt coat. A potential buyer, I know Pat Moore's office represents one of the potential buyers and Kevin McLaughlin represents another contract vendee and as soon as we resolve this. Mr. Yakaboski: Don't worry about the wear and tear, get-in there and do the asphalt. Call Corrizini and get the thing done. Once those roads are accepted, you know, we do it. If there is wear and tear, we call up Mr. Jacobs and he goes' and fixes the road until that time and until they are accepted they are inthe hands of the subdivision. Mr. Reese: As far as the final asphalt coat is concerned, Mr. Corrizini has recommended that we don't do it now for obvious reasons, we do a much better job later on. Let the first coat lay there for three or four months . Mr. Corrizini, I believe, is a pretty good road layer. Mr. Yakaboski: This is you underlay, the bottom coat. Mr. Reese: That is right. Mr. Yakaboski: Well, that has been in for more than three or four months, hasn't it? Mr. Reese: No, he just finished it, well I guess three or four months ago, yes. But, he would like to let it go until it gets some more wear and tear. As far as the wells are concerned, fire wells, we are working on that right now. Mr. Yakaboski: Firewells, are contracts let to do the wells? Mr. Reese: No, there is some discrepancy. I have aletter from the fire commissioner in Orient telling us what kind of wells to put in. I have checked this and this letter was written three or four years ago by Mr. Reeves who was the Fire Commissioner for that area. The new commissioner happens to be his son. I asked him a month ago and asked if these specifications were all right: . He read the letter, saw the signature and said yes. Talking to the well man tonight there is some questions with regard to the engineerng or capacity which I am going to take up with the Fire Commissioner tomorrow and perhaps the Superintendent of Highways. So that we start off on the right foot. If we put in the way the Fire Commissioners recommended, it might be all right, but according to the well man, there is some question to be asked. Now, I got in on this conversation about the bond or the completion and all I can say to you is if you want t ochange it, change the law. I believe we are going by the law. You have the right to change the law anytime you want and Planning Board Page 13 12/14/87 Mr. Reese: we have to abide by it, but it seems grossly unfair to have the law and then change you mind in mid stream. We had a subdivision over in Hrbor Lights, this might interest you, this may have nothing to do with it. After the roads have been completed, it took the Town four years before they would take them over. Four years, every year they gave me alist of improvements. This went on for four years, until I finally said, I 've had enough of this, I am not fixing them any more you either take them. Finally they did take them and then it took the Town seven years to release the bond. They just flately refused to release the bond. The only way we got the bond released was when Mr. Pell became Supervisor and I went in ther and asked why they didn't release the bond, they had it for seven years. And then they released the bond. Mr. Yakaboski: Well, this isn't section 4 in "Harbor Lights? Mr. Reese: No, this is the first three sections. Mr. Yakaboski: Well, I must admit, Hillcrest is being tarred slightly with Harbor Lights. Mr. Reese: Well, 'I completed all the requirements of Harbor Lights Section 4, about a week or ten days ago, with one possible-exception, the bubble system into the recharge area. I would like ' some more definite information as to what would be required and I will take that up with Mr. Dean tomorrow. All the recommendations taht have been made by Ms. Scopaz, and they were only made about two months .ago have been completed, with the exception of the seeding. It doesn't seem much sense to seed the area at this particlur time. Mr. Yakaboski: No, that we can certainly understand. Mr. Reese: The dike and the diversionof the water have all been completed. Mr. Orlowski: Mr. Dean, you will take that up with Mr. Dean? Mr. Dean works for us. Mr. Reese: Yes, I will take it up with him, I haven't yet. Mr. Orlowski: You would address anything to this Board, we will take it up with Mr. Dean. Okay. Mr. Reese: No, I will see him tomorrow and ask him to make an inspection. Mr. Yakaboski: This is on Harbor Lights? Mr. Reese: Yes, Harbor Lights, Section4 . Mr. Yakaboski: Well. Mr. Reese: In light of the fact that that is the last item onthe agenda. Mr. Yakaboski: Well, I just thought we would move it up and let you gentlemen enjoy the rest of the eveining rather than go around twice. Mr. Hall, I appreciate and know you arguments and I know that you and I inparticular from the legal aspect have been going around and around. I assure you that we have been researching it. We have been taking a Planning Board Page 14 12/14/87 Mr. YakaboskI: very hard line. It is very easy for us to sit.- up here an&take that line but by the same token we are not taking it lightly and I am:_reviewing your memo and we are doing our own work and I assure you that, I would like to say before the holiday, but I have promised five million things before the holiday and I don't want to make one more promise if I can avoid it, but certainly before the end of the month or early into January, certainly prior to the January 11 meeting, you and I will meet either personaly or by phone and discuss this. Mr. Hall: As to the hard line it just seems that the hard line is just for Mr,. Reese. Mr. Yakaboski: No. I know that this may seem like you to be the case. One of the facts is taht Mr. Reese is an active developer in the Township and he develops-large parcels as opposed to small parcels, minor subdivisions and the like where we don't have that kind of a problem, you are dealing, with three or four lots. And, so where you receive the most flack some time, you do take the closer look. The situation where, Mr. Lessard and we get put into a bind. We are addressing all of there concerns and one of the things is we are putting a much more limited time frame withregard to the completion but you are right, we didn't do that with these proposals and I don't want to do that unless we can do it fairly. Mr. Hall: It seems like there are other major subdivisons with houses up and granted it might put some people in a bind, but keep the same bind for everybody. Mr. Orlowski: Well, this Board is not going to make an recommendations to the Building Department to- issue any building permits in a subdivision that is not complete. Anybody that gets a building permit, good luck, you made it, but it is not coming from this board or is this Board going to approve any Building Permits, we believe we are right and we are going to stick by it. Because we have to stick to one kind of policy, there were too many kinds of roads being built. There were too many subdivisions where I was getting called at 11:00 and 12:00 at night, why they couldn't get a school bus up their road, why the roads aren't finished. Now, it is simple for us. If the roads are finished and everything is done, you get all the builidng permits you want and we don't get any more phone calls it is plain and simple. Mr. Hall: Thank you. Mr. Yakaboski: Thank you for coming Mike. Helen Dris - SCTM # 1000-106-8-20.1 On a motion made by Mr. Ward, seconded by Mr.:'Mullen, it was RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State ENvironmental Quality Review Act for the minor subdivision of Anthony and Helen Dris located at Mattituck. An initial determination of non-significance has 'been made. Vote of the Board; AYes: Orlowski, Mullen, Ward, Edwards Planning Board Page 15 12/14/87 On & motion made by Mr. Ward, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision for Anthony and Helen Dris located at Mattituck for 3 lots on 9.6 acres, survey dated as revised August 5, 1987 subject to: Filing covenants and restrictions as to no further subdivision of any lot with the County Clerk. Vote of the Board: Ayes; Orlowski, Mullen, Ward,, Edwards On a motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the minor subdivision of Ana G. Stillo located at 'Orient, which had received Board approval, SCTM # 1000-14-2-26. Vote of the Board; Ayes: Orlowski, Mullen, Ward, Edwards Birndorf and Rizzo SCTM # 1000-97-3-1. Mr. Kevin McLaughlin was present as attorney for the applicant to request an extension on his final submission. Mr. Orlowski: Okay, next we have Birndorf and Rizzo, Board to grant an extension on filing this final map for this minor subdivision at Cutchogue. This is by request of attorney. This is only a sketch plan. Mr. Edwards: How long an extension is requested? Mr. Orlowski: Mr. McLaughlin, I have a letter requesting an extension on the sketch, but I question this because we are going to back to square one any way since it expired. What •is-,sketch needed for. Mr. McLaughlin: The problem we run into is getting Article 6 approval on the property. We have dug a couple of wells and it has come up unacceptable. The approval was extended once prevously. Then we discovered the two wells had unacceptable water quality and we went to the mortgagee bank and requested that they sign a consent to covenants and restrictions. This has now been going for approximately five or six months. About three months of the time was wasted with` the original bank until they informed us that they had sold the mortgage and now a bank known as California Savings Bank now holding the mortgage on the property, another couple of months was spent trying to get them to make a determination whether they would sign off and what ended up happening is they have now kicked it back to Dime Savings bank to make the determination and Dime Savings has required us to file with them a new FANY MA appraisal form before they will sign off on that and that is why I am here requesting again Planning Board Page 16 12/14/87 Mr. McLaughlin: another extension. Mr: Orlowski: You need a score card with these banks. Ms. Scopaz: Would the appraisal be affected by the first layout? Mr. McLaughlin: I guess that is a matter for the appraiser, but I suspect so, they are asking for an appraisal on the entire parcel and I am not sure how that is going to affect the entire appraisal. Ms. Scopaz: What happens if the Board changes its mind on how to subdivide the property in light of adjoining properties that have come in to the South and East of your.,property. Would that put your appraisal in jeopardy? Mr. McLaughlin:. By that time we will hve had our covenants and restrictions filed and we will have gotten Article 6 approval based on the covenants and restrictions and then we won't need the bank. The only thing we need the bank to do is sign a consent that they understand that the covenatns and restricitons may take priorty over. the mortgage. And unfortunalty, it has been:-.a real circle. Ms. SCopaz: Could you explain to ,the Board what the covenants and restricitons say? Mr. McLaughlin: Basically, they say that we can't sell any lots until we put in whatever is necessary in the way of filtration system. To bring the water quality up to standards for the Health Department. Those covenants and restrictions have to be consented to by any lein holder on the property. And, that is where we are. Mr. Yakaboski: These are the standard Suffolk County Covenants and Restrictions from the Health Department? Mr. McLaughlin: Yes, but unfortunately we cant' get anybody at the bank to sign off on them. I have had BIrindorf and Rizzo's signature for eight months. Mr. Yakaboski: What you are realy saying is that the sketch plan is the sketch plan, you are not looking to have that purpoted any more sanctity than any other normal sketch plan. But at least having a sketch plan extended you have.,.a leg up to the bank to go and say this is the layout and this is the C and R's on this proposed layout and will you agree. Mr. McLaughlin: Yes, and I don't want to go through the filing process againand have to expend:.�another-"x" amount of dollars of my peoples funds in order to start another application before the Board. I don't believe I have priority in a sketch plan that has been approved by the Board, certainly it. is subject to whatever changes you feel are required and I don't:.have any vested in that. Mr. Yakaboski: And, ultimately, should be the layout be altered,Jto some degree, as long as the four lots are yielded, the bank appraisal will not be .affected in any way shape or form. Mr. McLaughlin: Frankly, at that point, I don't care about the banks appraisal because I will have already gotten the banks approval and Planning Board Page 1;7 12/14/87 Mr. McLaughlin: have gotten the covenants andrestrictions recorded. Mr. Yakaboski: Right, and you will have gotten you money. Mr. Orlowski: Okay, as long as you realize that we may be changing this layout. Mr. McLaughlin: Understood. Mr. Orlowski: We. even have some drawings here which we will give you if you like. Does the Board want to grant an•,extension on the sketch. On a motion made by Mr. Ward, seconded by Mr. . Edwards, it was RESOLVED that the Southold Town Planning Board grant a 6-month extension on the filing of the final submission of the subdivison-•of Birndorf and Rizzo located at Main Road, Cutchogue, for 4 lots on 9.111 acres, SCTM # 1000-97-3-1; subject to a revision in the survey that all lots will have access off the right-of-way proposed. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards First Class Auto Body SCTM # 1000-75-5-10 On a motion made by Mr. Ward, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board refer the site plan for First Class Auto Body, for construction--;of an addition .on an automotive repair building at Peconic, to the Building Department for certification. A setback variance . was received from the Boardf)6 f Appeals. Survey dated as amended November 2, 1987. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards Mullen Motors SCTM # 1000-62-3-20 On a motion made by Mr. Ward, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board refer the site plan for Mullen Motors for construction of. an addition ,on an existing car sales showroom located at Southold to the Building Department for certification. A variance and special exception was received from the Board of Zoning Appeals. Survey revised as per Planning Board review and dated June 15, 1987, received December 14, 1987. Vote of the Board: Ayes: Orlowksi, Mullen, Ward, Edwards Planning Board Page 18 12/14/87 North Fork Wood Design SCTM # 1000-74-4-5 On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the site plan for North Fork Wood Design located at County Route 48, Peconic for use of an existing barn for a woodworking shop subject to a 250' set back from County -Route 48 for storage of products and display of-finished projects. Vote of the Board: Aye: Orlowski, Mullen, Ward, Edwards On a motion amde by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board authorize the- Chairman to endorse the site plan for North Fork Wood Design upon compliance with the conditions of the conditional approval and revised survey indicating same Vote of the Board; Ayes: Orlowski,Mullen, Ward, Edwards Samuels and Steelman- SCTM # 1000-109-1-23 On a motion made by Mr. Ward, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the approved site plan for Samuels and Steelman for conversion of an existing barn at Main Road, Cutchogue to 'an architect's office. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards Marina Bay Club; SCTM # 1000-117-8-18 Mr. Henry E. Raynor, Jr. was present as agent for the applicant on this site plan. Mr. Orlowski: Marina Bay Club, Board to grant an extension on the preparation and filing for the Final Environmental Impact Statement for this ite plan located at New Suffolk. The applicant has agreed to this and meet at the Janaury meeting to discuss the problems. I believe:. Mr. Raynor: Yes, Mr. Chairman, as agent for the Marina Bay Club, the extension to finish the Final Environmental Impact Statement, as well as an opportunity for Mr. Emlita to address same will be fine. I believe that date runs to the 8th 'of February: so any meeting subsequent to that. Mr. Orlowski: Alright, what is the Board's pleasure. Planning Board Page 19 12/14/87 On a motion made by Mr. Ward, seconded by Mr.Edwards; it`was RESOLVED t'hat, 'the Southold Town Planning Board grant a 90-day extension on the preparation and filing for the Final Environmental Impact Statement for the site plan for Marina Bay Club located at New Suffolk, SCTM # 1000-117-8-18. Vote 'of the:.Board: Ayes: Orlowski, Mullen, Ward, Edwards Mr. Orlowski: How much time do you need? Mr. Raynor: Really, Mr. Chairman, we could be ready the end of January at the present rate which we are compiling the responses to the information. After speaking with your office and with Mr. Emlita being in China. til the next month, we will leave it up to the Board's discretion. Mr:.Orlowski: Okay, then 90-days is fine. Mr. Raynor, you will be ready on the llth of January to address the comments? Mr. Raynor: Let's separate our SEQRA from our site plan, we will be fully prepared, we have already addressed the revissions on the site plan. At that time, we will be prepared as long as we can get our engineering staff out here. Ms. Scopaz: The Board has not formally asked the applicant to file a final environmental impact statement and what the applicant has agreed to is to extend that filing date 45 days and in January, after David Emilita is here to be able to give you his comments that you can make the determination whether you wish the applicant to file a final environmental impact state ment based on the current site plan or whether you wish the site plan and request a supplemental impact statememt. Mr. Orlowski: But on the llth, we will meet to discuss that with the applicant. Ms. Scopaz: Right. Mr. Orlowski: You will be prepared for that. Mr. Raynor: We are reasonably prepared now. It is basically in deference to your office that we are extending this. Mr. Orlowski: Well, we are trying to get all the comments together that came in and Valerie's and the Board's and get them over to you so on the llth we can meet here and go over them. Mr. Raynor: We are already in reciept of all the comments that were in the permissible limits of SEQRA, some obviously overlap the limits of the site plan elements. The presubmission conference before the Board will be to address all the elements under the site plan. With regard to Ms. Scopaz' comments, obviously, until you make a determination as to what you would want with regard to the SEQRA elements. Mr. Orlowski: That is why we want to meet, you are talking presubmission and we are talking SEQRA. Planning Board Page 20 12/14/87 Mr. Orlowski: We are talking SEQRA, okay. Mr. Raynor: We can address both at that time, we have no problem with either of them. . Mr. Orlowski: Well, both overlap so that we will be addressing both. Mr. Raynor; I am sure out of it, we are addressing one or two elements that will have to be addressed or modified in some way. Mr. Orlowski: We:; have to decide and make a determination to go onto a final or not so that is why we want to meet on the llth. Mr. Raynor: The engineers, in this case H2M and the traffic people have already addressed this too. Mr. Orlowski: Does the Board understand this? Tide mark Site Plan - SCTM # 1000-45-1-1 Mr. Orlowski: Next, we have Tidemark. Board, as lead agency, to request an extension::on the review of the Draft Environmental Impact Statement for 30 days. I would like to make this 60 days because David Emilita will not be back here. Mr. Raynor: (as agent for the appicant) Mr. Chairman, as extensions area bi-lateral agreement under SEQRA, the applicant will have to be addressed. I was more than willing to negotiate the 30 days with'.the Board on the basis of discussions I have had with Szepatowski Associates, 30 days. I will')be,.happy to ask for 60 days but I am not sure that the applicant will agree. The problem is this site plan is being held:�for the addressing of a draft environmental impact statement and as a result we are hog tied with the Zoning Board of Appeals. They will not allow us to go forward with the special exception until we have an acceptance of a draft environmental impact statement. Mr. Yakaboski: Do you have a hearing scheduled. Mr. Raynor; We can not get a hearing. It has been the determination of the Chairman of that Board that a hearing will not be forthcoming until the Draft Enviroinmental Impact Statement was accepted. The 30 days was granted because of the workload over at Szepatowski and that is very understandable. I explained this to the applicant, but to run it over to February is a financial hardship. This is not something that has not been addressed by Mr. Emlita, I discussed this with him in November. Mr. Yakaboski: Right now, the only agreement we have is . 30 days. Mr. Orlwoski: We will do it for 30 days and have to keep an eye on it. On a motion made by Mr. Mullen, seconded by-Mr. Edwards, it was Planning Board Page 21 12/14/87 RESOLVED that the Southold Town Planning Board grant a 30 day extension on the review of the Draft Environmental Impact Statement for Tide Mark (Cliffside Associates) in order to determine if same is sufficient for review. Vote of the Board: Ayes; Orlowski, Mullen, Ward-', Edwards Hamilton Federal Savings Bank SCTM # 1000-140=3-34 Mr. Orlowski: Next, we have Hamilton Federal Savings Bank. Board to take action on this site plan for a bank with drive-in window located at Main Road and Wickham Avenue, Mattituck. Mr. Ward: Mr. Chairman, if we allow for the drive-in window and the elimination of parking area that is presently shown they ,are undersized for parking and I think we should deny the site plan. Mr. Raynor: (as agent for the applicant) What was submitted was for review by the Planner. As you can tell it is missing elements such as a key map, specific elevations and if that is the only comment that the Board has , we will be happy to address it. Mr. Ward: It is aprobably an easy comment because it is. what we saw, but what we generally see, we don't like the location or any thing about it, so there are elements here besides parking that we are concerned about, traffic. Mr. Raynor: Fine, what we would like to do is get specifics. . I met with the Town Planner with regard to that with regard to the question of the intersection and the turning lanes involved. There is a pre-existing curb cut there, from the DOT with a curb cut existing today. It is filled in by the prior occupants. Mr. Orlwoski: Do you have a note from the DOT stating that the curb cut is still good. Mr. Raynor: I don't have it::in my position tonight, I didn't know it was going to be on the agenda tonight. I don't have it here tonight. Mr. Orlowski: I don't think the Board has any problem with the bank, but we don't see how you are going to handle the drive-in. I think you are back to square one. Mr. Raynor: The comment is that it creates and undersized on parking. Mr. Orlowski: It is also a traffic hazard, unless you want to go through the impact and everything else and prove to us that it doesn't. We don't see how that would work. Mr. Raynor: If you address it all in writing. Ms. Scopaz: If you want to have for the record, my discussions with Mr. Donald Denis. Planning Board Page 22 12/14/87 Mr. Orlowski: Okay, we will put it all in writing and send it all to the applicant. On a motion made by Mr. Mullen, secnoded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board deny the set off proposal for Clyde and Joyce Fritz, located at Southold since the property is undersized and an area variance was not obtained from the Board of Appeals. SCTM # 1000-78-7-44 and 45. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards Robert Celic Site Plan On ,a motion made by Mr. Ward, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board recommend to the Building Department that a certificate of occupancy be issued for the site plan of Robert .Celic located at Main Raod, Mattituck, SCTM # 1000-143-3-1, subject to eliminating the designated parking on Marlene Lane. Vote of the Board: Ayes: Orlowski, Mullen, Ward,- Edwatds Mullen Motors. •site. plan Ms. Scopaz brought up to the Board the request for a sidewalk continuing along the front of the property where the proposed addition will be built. Mr. Orlowski stated that he felt the applicant would comply with this and recommended that it be part of the approval of the site plan. On a motion made by Mr. Ward, seconded by Mr. Mullen, the following action was taken: NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act and 6NYCRR Part 617, Section 617:10 and Chpater 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for the action described below has determined that the project will not have a significant effect on the environment.. DESCRIPTION OF ACTION: The major subdivision of Wolf Pit Associates is for 13 five-acre lots.located at Mill Lane, Mattituck, SCTM # 1000-107-4-2.1. Planning Board Page 23 12/14/87 The project has beendetermined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to coccur should the project be implemented as planned. There have been no comments from the NYS Department of Environmental Conservation in the alotted time, therefore, it is assumed that there are no comments or objections from that agency. There have been no comments from the Suffolk County Department of Health Services in the alotted time, therefore, it is assumed that there are not comments or objections from that agency. The project will meet all the requirements of the Code of the Tonw of Southold Subdivision of land Regulations. Further information can be obtained by contacting Diane M. Schultze, Administrative Assistant, Southold Town Planning Board, Town Hall, Main Raod, Southold, NY 11971. Vote of the Board; Ayes: Orlowski, Mullen, Ward, Edwards Mr. Richard Mohring was present to discuss with the Board that status of minor subdivision access road at Peconic. It was noted that this was not on the agenda, however, an inspection was made and we are awaiting the -report. Mr. Russell Mann questioned the application and procedure for the change request of Southold Villas located at Southold. The application _ is pending before the Town Board for a change of zone and it was recommended that Mr. Mann watch for the public hearing notice so that he may be present to comment at the public hearing. Being no further business to come before the Board, on a motion made by Mr. Ward, seconded by Mr. Edwards, and carried, the meeting was adjourned at 9:20 p.m. Respectfully submitted,. Diane M. Schultze, Secretary Southold Town Planning Board zj",�gzz Bennett Orlowski, Jr. , #irman RECEIVED AND FIL-ED. BY THE SOUTHOLD TOW14 CLERK DATE /-�a- S'HOUR i wn Clerl�;`16 '