[0:00] Welcome
[0:03] to the Village of Westhampton Beach
[0:05] Planning Board meeting.
[0:06] Please stand for the Pledge of
[0:08] Allegiance.
[0:11] I pledge allegiance to the flag of the
[0:13] United States of America and to the
[0:16] Republic for which it stands, one nation
[0:19] under God, indivisible, with liberty and
[0:22] justice for all.
[0:25] » [clears throat]
[0:35] [laughter]
[0:37] » I sat down over here and I said my We
[0:39] have a resolution for Eric and Mona
[0:42] Green, 24 Meadow Lane. Anybody here for
[0:44] the applicant?
[0:46] >> [clears throat]
[0:47] >> I need a resolute I need a motion to
[0:49] accept the resolution as written.
[0:51] >> Make a motion.
[0:52] >> Second.
[0:53] >> All in favor?
[0:54] >> Aye.
[0:56] >> We've got in our work session agenda a
[0:59] board consideration for Gables at
[1:01] Westhampton LTD.
[1:10] » As you may recall from
[1:12] this project, your
[1:15] approval of the site plan required the
[1:17] posting of a performance bond
[1:19] in order to secure
[1:22] the
[1:23] development of those exterior I think
[1:26] exterior
[1:28] improvements to the site.
[1:30] My client believes that they're finished
[1:33] with that list
[1:35] pursuant to the
[1:37] again pursuant to the decision I mean
[1:39] subject to engineering review
[1:41] and planning review. We believe we're
[1:43] done. The the
[1:45] approval went on to indicate that once
[1:47] that status was achieved, we need to get
[1:50] accepted by the trustees a a maintenance
[1:53] bond and the maintenance bond will be
[1:56] I think it was 1/3 of what the the
[1:58] performance bond was.
[2:00] Uh and I as I understand the process
[2:04] I need you guys to
[2:06] agree that we're done or tell me what we
[2:08] need to finish so we're done and then uh refer that to the uh trustees so that
[2:13] they can uh terminate the one and accept the
[2:17] other.
[2:19] » The the
[2:22] resolution when you first approved this
[2:23] said the performance bond stays in
[2:25] effect until
[2:27] a resolution of completion of the
[2:29] required improvements has been issued by
[2:31] the planning board upon certification by
[2:34] the village building inspector and
[2:36] village engineer that the required
[2:38] improvements have been completed to the
[2:40] prescribed specifications.
[2:43] So,
[2:44] >> Today
[2:45] >> it's up to these guys to certify to you
[2:47] that it's been completed and then you
[2:48] can
[2:50] approve the release of the performance
[2:53] bond subject to the substitution of the
[2:55] maintenance bond.
[2:58] » Yeah, I'm just about done with it. There's two
[3:00] things that were just a dumpster that we
[3:03] still had to leave. There was a bit of
[3:04] sod but
[3:07] the vast majority of the
[3:09] improvements have been completed.
[3:11] >> And the minor things you you're
[3:19] confident that they'll do what you
[3:20] wanted.
[3:20] >> Yes, and I will still have the
[3:22] maintenance bond and I still have
[3:24] many seal
[3:26] So, some of some of this this little
[3:27] areas that we'll talk about aren't next
[3:30] to the units that I promised to seal.
[3:36] » But
[3:37] >> leaving total total money
[3:39] area of work
[3:43] » All the landscaping and everything that
[3:44] we
[3:45] illustrated on our
[3:47] >> Yeah.
[3:49] >> I did.
[3:50] >> Okay, good.
[3:54] Okay.
[3:55] So, we need a motion to um
[3:59] release the performance bond subject to
[4:02] the trustees issuing a maintenance bond.
[4:06] >> I'll make that motion.
[4:07] >> Second.
[4:08] >> All in favor?
[4:08] >> All right.
[4:10] >> Thank you.
[4:10] >> Okay, thank you.
[4:11] >> [clears throat]
[4:14] » And Megan said the
[4:16] >> Wish I could say it was an asset to the
[4:17] neighborhood.
[4:18] >> The trustees need something.
[4:21] >> There are no houses.
[4:22] >> Maybe just do a letter away confirming
[4:24] that the that the meeting
[4:25] >> The planning board
[4:27] >> You know.
[4:28] >> There may be some difference in
[4:29] >> let Anne speak on this?
[4:32] May I let Anne speak on this?
[4:34] >> I just have two questions. Um the road
[4:37] is still flooding terribly when it rains
[4:39] out halfway across Depot Road because
[4:42] they did put in a drain, but it's not
[4:44] draining it.
[4:47] And also um
[4:49] along the back Patio Villas fencing,
[4:51] they had pictures on the
[4:53] uh
[4:54] grand master plans of it of lots of
[4:56] trees,
[4:57] but there aren't trees along there.
[5:02] And the dumpsters by Pergolas,
[5:05] how are they going to get those dumped
[5:06] because the roads are so narrow you can
[5:08] barely turn a car around much less a
[5:10] garbage truck?
[5:13] Maybe that's for the trustees. That's
[5:14] all I wanted to ask.
[5:20] » And we'll maybe look at it when it
[5:22] rains.
[5:22] >> It So, yes, but there was some flooding
[5:24] on Depot Road. There was a couple of
[5:26] things. So, that it was a very
[5:28] protracted
[5:31] period of getting the
[5:33] uh signal changed from the pole that was
[5:35] on there. And so, it's way longer than
[5:37] it should have. So, it took a long, long
[5:38] time to get the final lift of asphalt
[5:40] on. So, both the county and the town,
[5:42] down Southampton, cuz they own Depot
[5:45] Road and maintain it.
[5:47] Um
[5:49] There was one in the last few months
[5:51] that that was settled to their
[5:52] satisfaction and they released the bond
[5:54] to the Southampton Town Supervisor.
[5:56] There was another issue on Depot Road
[5:57] that Ron and I both
[6:00] looked at.
[6:01] North of this development, which I don't
[6:04] think it's
[6:05] >> part of this development or is beyond
[6:07] it.
[6:07] >> There's a long stretch of Depot Road
[6:09] with a dip and there's one one catch basin that's way over
[6:14] capacity right now. And then it's almost
[6:15] filled up on a dry day
[6:17] and every other
[6:18] dry well in this area, including in this
[6:20] development that we're talking about,
[6:22] has 5 6 8 ft of capacity, but there is
[6:25] one overloaded drain
[6:27] a little bit further north over by the
[6:29] Beachwood subdivision that we've
[6:31] identified and needs maintenance and
[6:34] it's something that the town should
[6:35] consider. They might have to add an
[6:37] additional drainage structure
[6:40] >> The town or the village?
[6:41] >> Town.
[6:42] >> Okay.
[6:43] >> The town owns that road, so we've been
[6:44] talking conversation.
[6:46] It is something that we want to address.
[6:48] I don't [clears throat] think that this
[6:49] development
[6:51] has caused it nor do we think that the
[6:53] Beachwood development has caused it. I
[6:54] think it's a
[6:56] It's it's a it's a road design issue.
[6:58] We've had
[7:00] these catch basins, these leaching
[7:02] structures, they need to be cleaned out
[7:03] from time to time and it's very hard to
[7:05] get to all of them and this one is
[7:06] probably just due.
[7:09] » Maybe we can review this landscaping
[7:11] situation, too.
[7:13] And uh
[7:14] >> There were several iterations of the
[7:16] plan.
[7:16] >> Okay.
[7:18] >> An earlier iteration had larger trees
[7:20] along the north fence line and then
[7:22] the plan that was eventually approved,
[7:24] because we remember we amended the
[7:25] landscaping plan,
[7:27] they changed that to be a different
[7:29] package.
[7:31] I think it's substantially complete and
[7:33] matched
[7:34] what the board eventually approved,
[7:37] because there was an amendment, but I'm
[7:38] more than happy to pull that out again
[7:40] and go over it with anyone
[7:43] Of course,
[7:44] regardless the bond situation.
[7:47] Site plan is a living document.
[7:49] This site does not have
[7:51] trees
[7:53] as were designed it would be in
[7:55] violation of of the site.
[7:57] We still have the power over that. So
[7:59] things that are missing I
[8:01] we'll get we'll get it done.
[8:03] >> So Anne, maybe you want to come in and
[8:05] coordinate what you've been looking at
[8:07] and um make certain that
[8:10] >> And the drain is to south of their
[8:12] entrance
[8:13] to the Gables on Depot Road.
[8:15] >> So it's literally on the corner of Depot
[8:17] Road.
[8:17] >> No, it's not on the corner of
[8:19] >> Of course, the gas station.
[8:20] >> It's where you drive into
[8:21] the Gables
[8:24] just south of
[8:25] >> Sounds like a service issue.
[8:27] >> [clears throat]
[8:28] >> I beg your
[8:28] >> Sounds like a service issue on the on
[8:30] the structure itself.
[8:32] >> And it's not built into a curve. It's
[8:34] one you know where there's all these
[8:35] holes and around thing
[8:37] along the road and it's just
[8:40] it's there but the water's not going
[8:41] down. So I guess
[8:42] >> Or it reaches its capacity quickly.
[8:45] >> Town has to deal with it.
[8:46] >> Okay.
[8:47] >> We'll work on that if it's near the entrance as part of
[8:50] this work. We'll figure that out.
[8:53] >> Okay, well I think we're done with this.
[8:56] We're going to move on to a modification
[8:58] of site plan review for Westhampton
[9:00] Country Club.
[9:01] >> Patrick Motts, 54 Montauk Highway for
[9:03] the applicants.
[9:05] Uh good afternoon.
[9:07] >> Good afternoon.
[9:07] >> Um
[9:08] we have submitted all the materials that
[9:10] have been requested of us. Um no further
[9:13] comments were received back and so we
[9:16] are
[9:17] uh waiting either for further remarks or
[9:20] ready to move forward to the next step.
[9:25] » I believe Ron and I signed off on the
[9:27] recent submittal and so the Brad and
[9:29] um I believe there was a resolution
[9:31] prepared and submitted to the board for
[9:33] adoption as well.
[9:34] If the board signs off on making those
[9:36] changes that happen.
[9:39] » Anthony if it's not on the agenda, can I
[9:41] approve resolution that we've already
[9:43] reviewed?
[9:46] » Why not?
[9:48] >> Okay.
[9:49] I need motion to accept the resolution
[9:51] for Westhampton Country Club, 35 Potunk
[9:54] Lane.
[9:55] >> I second it.
[9:55] >> that resolution.
[9:57] >> All in favor?
[9:58] >> Aye.
[9:59] >> Thank you very much. [clears throat]
[10:00] >> Thank you for all your help.
[10:02] >> We appreciate your cooperation.
[10:07] We're doing site plan reviews now. 161
[10:10] Montauk Highway.
[10:13] » Good afternoon, Nicholas. You're an
[10:15] architect. What's What's the little road
[10:16] list happy beach for Marcus Dinchy?
[10:19] Um
[10:19] >> It's a pleasure to see you.
[10:21] >> Happy to see you as well.
[10:23] It's so long.
[10:25] >> I was really worried about you.
[10:27] >> Don't be worried about me.
[10:27] >> You look good.
[10:28] >> Thank you, you too.
[10:30] Um I received this a little while ago
[10:31] from uh email from Megan. Uh
[10:35] 10 items on a list of cleanup stuff that
[10:37] we have to do. Uh the most notable one
[10:39] that I do want to point out was number
[10:40] one, the site plan uh G drawing G001.
[10:45] >> Same three.
[10:45] >> Mistake was made on our site plan for
[10:47] the square footage. We have our
[10:48] apartments at 850 square feet each as
[10:52] noted on the plans uh that I presented
[10:54] to ARB. So, I'll make sure that I'll
[10:56] correct everything that's on this list.
[10:58] Basically, some cleanup stuff on there.
[11:00] Transition between who did the work
[11:02] before was no longer with me, who was
[11:03] doing the work now. Some of the stuff
[11:05] got lost in translation, so. Um
[11:08] if that's okay, I'll have everything
[11:10] back to you by next Wednesday. I believe
[11:13] our deadline is next Thursday. Is that
[11:14] correct for the next hearing?
[11:16] Megan?
[11:17] >> Technically, 10 days. Yeah, but it's
[11:19] hard to do this.
[11:20] >> days, so
[11:21] >> Oh, okay.
[11:22] >> Monday.
[11:24] >> I believe I can have back on Monday.
[11:25] afternoon.
[11:27] Should be There's not that much here.
[11:29] I'll clean it up.
[11:31] >> You got two memos today, right?
[11:32] >> I only got one.
[11:33] >> There was two attached to it. them?
[11:35] >> That's all I got.
[11:36] >> Britain's
[11:37] >> I only even gave you both.
[11:38] >> I have just from Britain and I don't
[11:40] have anything else.
[11:41] >> You got You should have one from Brad.
[11:43] >> Absolutely. That's That's the only one
[11:45] I'm going to address.
[11:46] >> I sent you two attached to it.
[11:47] >> Uh Does anybody have a copy?
[11:49] >> I don't think I drove it.
[11:50] >> You have two? Okay. So, you didn't send
[11:53] >> I think I sent it to Holly. You even
[11:54] forwarded me the application.
[11:58] » I think I
[12:08] » The one I did When you say in the back
[12:09] on the south side?
[12:11] Or the at the west side? The south side?
[12:15] I thought we I don't have that hard.
[12:19] Okay. This one.
[12:21] Okay. I thought we I thought we
[12:22] addressed it. I thought we
[12:24] I'm I'm going to
[12:25] I'll address it. Making Can you do me a
[12:27] favor? Could you forward those to me
[12:28] tomorrow morning, please? Or now?
[12:31] >> [clears throat]
[12:32] >> Okay. Either way.
[12:33] >> You want to draft it directly to you?
[12:34] >> I'll do it right now.
[12:35] >> Please send me Oh, Marcus sent it to me.
[12:36] Yeah, I didn't get the uh second
[12:37] comment, so.
[12:50] And I will I will fix it either that
[12:52] I'll cut the I'll take a foot off the
[12:53] building. I'll do what I need to do to
[12:55] get that to work.
[13:04] Okay. I'll I'll address that. My bad. I
[13:06] mean, that's something that
[13:19] » I think Britain's memo is pretty
[13:23] accurate, too.
[13:26] >> Yeah, Britain's memos
[13:28] >> Yeah. You just dated Yes.
[13:32] Absolutely.
[13:33] >> Windows, roofs, doors.
[13:34] >> Yeah, I'm I'm not going to go through
[13:35] that now.
[13:36] >> So, Nick, okay.
[13:37] >> I can't even read it. So, let me just
[13:39] I'm going to just want to look at one
[13:40] list.
[13:40] >> You want to look at this?
[13:41] >> me a second.
[13:41] >> Mr. Stinger?
[13:43] >> Yeah, he's got it right here.
[13:44] >> I got it on a big screen.
[13:47] >> Well, I
[13:48] >> I run yet to your point I see the door,
[13:49] okay. I'll take care of it. I'll
[13:51] probably wind up moving that door, so
[13:53] make it easier.
[13:54] >> Okay.
[13:55] >> Yeah, I'll I'll move the door cuz I
[13:56] think we tried to address it and I get I
[13:58] think it fell on deaf ears, but I will
[14:00] take care of that. I'll move it to the
[14:01] side.
[14:02] There's no reason to have a door there.
[14:03] >> Okay.
[14:03] >> Good uptake of the memos were
[14:06] We're in a good place. We just have to
[14:08] put everything together, redate it, fix
[14:10] a couple of things.
[14:13] >> I'm all good.
[14:14] >> One code thing though, it seems this
[14:16] parking spot grew back again at the
[14:18] north end.
[14:21] We have that transitional buffer yard 30
[14:23] ft from the property line.
[14:24] >> The north end by Citterella?
[14:27] >> This one this one here?
[14:28] >> Across from
[14:30] north your store northwest.
[14:32] Oh, by me.
[14:33] >> So, the transition area starts does it
[14:35] start from the curve or does it start
[14:37] from our
[14:38] From the property line, okay. All right,
[14:40] so it's that space there. I can make
[14:42] that adjustment.
[14:42] >> The wine store when you went for that I
[14:44] think it was variance involved, so it's
[14:45] >> Right.
[14:46] >> I understand the concept of lining it up
[14:48] with that, but
[14:49] >> Well, it doesn't line up. It it actually
[14:51] goes a little southward of that. Um but
[14:53] I will make sure that we have our 30 ft.
[14:55] >> Okay.
[14:55] >> What's the issue from here to here?
[14:57] >> From property line.
[14:59] to that.
[15:00] >> It's 30 ft. Buffer so we have to lose
[15:02] that parking spot.
[15:03] >> Possibly or
[15:05] fix whatever I need to do there. I'll
[15:06] fix that.
[15:09] I think we're over here anyway.
[15:10] We'll be okay.
[15:12] >> You have more than enough parking.
[15:12] >> We have enough parking. Yeah, we have
[15:13] more than enough parking.
[15:14] >> Yeah, we just
[15:17] >> [clears throat]
[15:18] >> The more the more the better, you know.
[15:19] >> All right.
[15:20] Yeah, I think it was pretty I just
[15:22] didn't Ron's comments again, so I
[15:23] apologize for that.
[15:25] >> Okay. It's nice to see you guys. Thank
[15:26] you for coming in. Thank you for your
[15:28] cooperation.
[15:29] >> Any questions on that?
[15:29] >> You're very welcome.
[15:30] >> Uh anybody have any questions?
[15:32] >> I do.
[15:33] >> I'm sorry.
[15:33] >> Nick, your apartments 850 square feet.
[15:35] I'm assuming they're one-bedroom
[15:37] apartments, correct?
[15:38] >> One-bedroom apartments, yeah.
[15:40] >> I mean from from the standpoint of
[15:41] health department, it doesn't matter.
[15:43] The number is whatever that number has
[15:45] to be on the deed.
[15:46] >> Yeah.
[15:46] >> Certain square footage to keep us going.
[15:48] >> Based on 850.
[15:51] >> 1,200 square feet doesn't make a
[15:52] difference.
[15:52] >> Mhm.
[15:53] >> Um or we're in the 600 square feet,
[15:54] that's a studio.
[15:56] So, but in this case,
[15:58] we're 850, so.
[15:59] >> Okay.
[16:00] >> Thank you.
[16:02] >> Anybody else have any questions?
[16:04] >> No.
[16:04] >> Okay. Well,
[16:07] All right.
[16:09] Um
[16:09] we're now going to have a secret
[16:10] discussion on Brenda Osterreicher, 220
[16:14] Dune Road.
[16:22] » Well, this is this
[16:23] Look, we we had the discussion last time
[16:25] we started it.
[16:26] And we wanted you guys to think about
[16:28] it.
[16:29] Um it's the the initial question is
[16:33] who's going to act as lead agency. So,
[16:38] have you thought more about it? Do you
[16:39] have feelings about it?
[16:42] >> Speaking for myself, I have. I guess the
[16:44] thing to do at this point is to poll the
[16:47] um
[16:48] the board.
[16:49] Find out where we sit on this. Is that
[16:51] the correct procedure?
[16:53] >> Sure.
[16:55] >> Mr. Rocker, we're going to start with
[16:56] you.
[16:57] >> Okay.
[16:57] >> Cuz you're right next to me now.
[17:00] » I gave it a lot of thought. And I think
[17:02] based on the considerations, I think we
[17:04] should take lead agency.
[17:07] That's my thoughts.
[17:09] >> Okay.
[17:10] >> Just so we have a little bit more
[17:11] control.
[17:15] » I like the I like to be lead agency
[17:18] myself. You want to be the lead agency?
[17:21] >> Yes, I think it's our responsibility to
[17:23] be lead agency.
[17:26] » Okay.
[17:28] Well, far be it from me to uh
[17:29] >> You don't even have to speak.
[17:30] >> Well, just so you know, I mean, you you
[17:32] guys have the choice to
[17:35] exercise it. The zoning board, we will
[17:37] ask them next week what their feelings
[17:39] are. There There are
[17:42] I've never seen it in this village, but
[17:44] there are times when two different
[17:47] involved agencies want to be lead
[17:49] agency.
[17:51] We'll see what they say. If they do,
[17:53] there's a resolution
[17:55] mechanism for it that I think it's
[17:58] actually the DEC that decides if there's a
[18:01] dispute among involved agencies.
[18:03] >> Cool.
[18:03] >> It's like an appeal to the DEC, and the
[18:05] DEC would make the decision.
[18:07] >> wondering about that. Yeah.
[18:08] >> We could do it as a test just to see
[18:10] what
[18:11] >> [laughter]
[18:12] >> No, I I've no idea what the the zoning
[18:14] board will say.
[18:15] >> That's what I was going to say.
[18:15] >> Whether they care or don't care. So,
[18:17] >> Well, I mean,
[18:18] historically, the zoning board hasn't
[18:20] really taken lead agency.
[18:22] >> That's true.
[18:23] >> And I can't even remember. Do you?
[18:27] >> Um
[18:34] » Was that coordinated?
[18:40] Yeah, I don't know. All right. Well,
[18:41] this board is um electing to seek
[18:45] the uh secret privilege.
[18:47] >> And what if you let the zoning board
[18:48] >> We'll let the zoning board know, and
[18:51] if they care, we'll we'll
[18:53] do that dis- that that mediation,
[18:56] whatever process it is, and if not, then
[18:59] at the next meeting, um we will initiate
[19:04] the lead agency process, which requires
[19:07] you to send out notices, and what
[19:11] >> Okay.
[19:11] >> Not for the next meeting.
[19:13] The next meeting they'll actually take
[19:15] the dates
[19:16] >> No. No, no. Send out the notices
[19:18] requesting lead agency. It's a It's a
[19:20] process we have to solicit all the
[19:22] involved agencies and make a formal
[19:24] request
[19:26] that you act as lead agency. They then
[19:28] have a
[19:30] Cuz we didn't do that yet.
[19:31] >> No.
[19:32] >> So.
[19:33] Yeah.
[19:34] So, that would be the the next step.
[19:40] » See what the zoning board has to say.
[19:41] >> We'll discuss it and then the next It's
[19:44] 2 weeks for the meeting.
[19:45] >> No, it's the the next So,
[19:47] >> Zoning board is next week. So, in 2
[19:49] weeks, if the zoning board says they
[19:51] don't care,
[19:52] then in 2 weeks
[19:54] >> the action at the following meeting.
[19:56] >> process. We'll identify the involved
[19:58] agencies.
[19:59] >> Right.
[20:01] >> 30-day response window for that one.
[20:03] >> Right.
[20:08] » Now, do we always send out notices when
[20:11] we do secret?
[20:13] >> Yes. When you coordinate review
[20:14] >> make this so seamless. You make us look
[20:16] good.
[20:17] Thank you.
[20:18] >> [laughter]
[20:19] >> Sometimes we try to do solicitation for
[20:22] lead agency and sometimes we have
[20:24] clients that are substantially complete
[20:26] so things are simple. We kind of send
[20:28] it, "Hey, by the way, this looks like
[20:29] our plan, too. Will you do both?" And
[20:31] sometimes the county planning commission
[20:34] give us
[20:35] >> Just initially.
[20:36] >> The lead agency also we find feeling
[20:37] it's a programmatic declaration. We get
[20:40] something like that great, but usually
[20:42] it's a two-step process. First, we
[20:44] solicit solicit for lead agency and
[20:46] they'll come back and says that's fine
[20:48] and then when the plan is in good shape
[20:50] from the lead agency standpoint, then we
[20:52] do our referral against those same
[20:54] involved
[20:57] » Mr. Yun, do you have any comments you
[20:58] would like to add to this process?
[21:00] >> No.
[21:01] Look forward to whoever decides to do
[21:03] >> [laughter]
[21:05] >> Well said.
[21:07] The diplomatic response.
[21:09] >> in the middle. Very nicely done.
[21:11] >> [laughter]
[21:14] » Place your bet on that.
[21:15] >> All right. Well, thank you very much and
[21:17] I guess we'll have that discussion next
[21:19] time.
[21:21] Um
[21:23] we have minutes to accept the minutes of
[21:25] July 23rd. I need a motion to accept the
[21:28] minutes as written.
[21:29] >> Make that motion.
[21:31] >> We have a future meeting on August 27th
[21:33] and I guess we should be discussing the
[21:35] agenda for that with Britain.
[21:37] >> We don't have the agenda set yet. We'll
[21:38] be discussing
[21:40] >> I need a motion to close the meeting.
[21:42] >> I'll make that motion.
[21:43] >> I second.
[21:43] >> favor.
[21:44] >> I.
[21:45] >> Thank you, gentlemen.