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HomeMy WebLinkAboutPB-12/17/2001 SPLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLZAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Present were: MINUTES Special Meeting December 17, 2001 5:00 p.m. Bennett Orlowski, Jr., Chairman Richard Caggiano, Member William Cremers, Member George Ritchie Latham, Jr., Member Valerie Scopaz, Principal Planner Robert Kassner, Site Plan Reviewer Victor L'Eplattenier, Planner Carol Kalin, Secretary Chairman Orlowski: Good evening. I would like to call this Special Meeting to order. The first order of business is a public hearing on a subdivision. PUBLIC HEARINGS: Subdivisions Chairman Orlowski: 5:00 p.m. - Cutchoque Fire District/Grathwohl & Victoria - This proposed lot line change is to subtract 28,880.975 sq. ft. from a 68,880.975 sq. ft. parcel, SCTM#1000-102-6-10, & add it to a 93,360 sq. ft. parcel, SCTM#1000-102-6-11. The property is located at 525 & 355 New Suffolk Rd., 200' south of Main Road in Cutchogue. I will ask if there are any comments on this lot line change? Mary Lou Folts, Esq., Lark & Folts, for the Cutchoque Fire District, the contract vendee and applicant for the lot line chanqe: That's just what Mr. Orlowski said - the subject property of Mr. Grathwohl's and Mr. Victoria's ...(inaudible) acres adjacent to the Cutchogue District's property which is just across the street from its firehouse, which contains 2.143 acres which they have owned since 1957. Mr. Grathwohl's property contains a house, garage and a shed and is located in the Hamlet Business District. The Fire District's property contains two aluminum storage buildings and a wood Southold Town Planninq Board Pa.qe Two December 17, 2001 tournament tower and the Fire District uses it for its tournaments, parking, storage, drills, events, its famous annual chicken barbeque that we all know about. The Fire District entered into the contract with Mr. Grathwohl back in August 31,2001. The ...(inaudible) 28,880 square foot property subject to your approval for the lot line change. This allows Mr. Grathwohl to retain 40,000 square feet, which is in compliance with Hamlet Business zoning requirements. The additional square feet that the Fire District will acquire increases storage space that it needs for its fire apparatus, equipment, some office space as well perhaps. The Fire District's parcel, after the lot line change, would be increased to 2.806 acres. There are no new lots being created by the granting of the lot line change. The Fire District will be able to expand its storage and Mr. Grathwohl continues to have the one house, garage and shed. So, that will remain status quo. Granting the application should have no adverse affect on the environment since there is no change basically to the use of the properties that we are dealing with. So, I would respectfully request that the Planning Board grant this lot line change to the Fire District and Mr. Grathwohl and Mr. Victoria. If you have any questions, Mr .... (inaudible) is here as well as Abigail Wickham, attorney for Mr. Grathwohl and Mr. Victoria. Chairman Orlowski: O.K. Any other comments? Hearing none, are there any comments from the Board? O.K. Since there are no further comments, I will entertain a motion to close the hearing. Mr. Latham: So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Chairman Orlowski: Opposed? Motion carried. (The hearing was closed at 5:03 p.m.) Mr. Cremers: Mr. Chairman, I'll offer this resolution: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Southold Town Planninq Board Page Three December 17, 2001 Chairman Orlowski: Opposed? Motion carried. Mr. Cremers: In addition - WHEREAS, James F. Grathwohl & Emily G. Victoria & the Cutchogue Fire District are the owners of the properties known and designated as SCTM#1000-102-6-10 & 11 located on New Suffolk Road in Cutchogue; and WHEREAS, this proposed lot line change is to subtract 28,880.975 sq. ft. from a 68,880.975 sq. ft. lot, SCTM#1000-102-6-10 and add it to a 93,360 sq. ft. parcel, SCTM#1000-102-6-11; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 17, 2001; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; BE IT THEREFORE RESOLVED that the Southold Town Planning Board grant conditional final approval on the undated surveys, received by the Planning Board on October 30, 2001, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: The filing of new deeds pertaining to the merger of 28,880.97 sq. ft. from a 68,880.975 sq. ft. parcel, SCTM#1000-102-6-10 and adding it to a 93,360 sq. ft. parcel, SCTM#1000-102-6-11. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Chairman Orlowski: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Determinations: Southold Town Planninq Board Page Four December 17, 2001 Chairman Orlowski: Peconic Development Corp. (a.k.a. Harvest Homes, Section 2). - This proposed major subdivision is for 13 lots on 14.9 acres located on Oaklawn Avenue and Wells Avenue in Southold, SCTM#1000-70-3-22 This has been around for a while, I believe that everything is in order to prove all the conditions seem to have been met. What is the Board's pleasure? Mr. Caqqiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed major subdivision, known as Peconic Development Corp. (a.k.a. Harvest Homes, Section 2), is for 13 lots on 15.085 acres; and WHEREAS, on May 22, 2000, the Planning Board granted conditional final approval, subject to nine (9) conditions; and WHEREAS, a Declaration of Covenants and Restrictions was required by the Planning Board and such Declaration was recorded in the Suffolk County Clerk's Office on November 17, 2000, in Liber 12085 Page 263; and WHEREAS, the Planning Board has required the planting of a double row of street trees along Oaklawn Avenue and the planting of a single row of street trees along Wells Avenue, as shown on the final subdivision plan; and WHEREAS, the Planning Board has required a building set-back of one-hundred (100) feet for lots fronting on Oaklawn Avenue and seventy-five (75) feet for lots fronting on Wells Avenue, as shown on the final subdivision plan; and WHEREAS, Lots Numbered 1, 3, 5 and 8 contain a drainage easement as shown on the final subdivision plan and such easement is noted in the recorded Declaration of Covenants and Restrictions and in the Drainage Easement filed in the County Clerk's Office on May 16, 2001; and WHEREAS, Lot Number 9 contains a 20' wide easement for access to the recharge basin as shown on the final subdivision plan and such easement is noted in the Drainage Easement filed in the County Clerk's Office on May 16, 2001 and such easement will be noted in an amendment to the recorded Declaration of Covenants and Restrictions; and WHEREAS, in a determination, dated September 15, 1999, the Suffolk County Department of Health Services Review Board granted approval to the request for a variance to allow the installation of private wells until public water is available, subject to several conditions. A Declaration of Covenants and Restrictions was filed in Liber 12029 Page 975, in accordance with the Board of Review conditions. The conditions read as follows: Southold Town Planninq Board Page Five December 17, 2001 There shall be no conveyance of any lot unless dry public water mains are extended thereto in accordance with the approved plans or maps on file with the Health Department. This shall not prevent a conveyance of the entire subdivision subject to the covenant. There shall be no conveyance of a lot unless the Declarant pays all the "up-front" costs required by the Suffolk County Water Authority for each home to be connected to public water. This shall not prevent a conveyance of the entire subdivision subject to this covenant. C. A test well shall be installed on each lot. For residential construction permit to be granted, the analytical results of the raw water from the test well sampled by the Health Department for that lot shall comply with the New York State Drinking Water Standards, including a maximum nitrogen concentration of 10 mg/I. All lots shall be connected to public water within 90 days of written notice from the water purveyor that all lots within said subdivision can be served with public water; and WHEREAS, in addition to being included in a recorded Declaration of Covenants and Restrictions required by the Health Department Board of Review, the above mentioned conditions are noted on the final subdivision plan and are included in the Declaration of Covenants and Restrictions required by the Planning Board; and WHEREAS, the final subdivision plan, dated December 10, 2001, contains a stamp of Health Department approval dated April 20, 2000, which was updated on May 25, 2001; and WHEREAS, all conditions of the May 22, 2000 conditional final approval have been met; and WHEREAS, in accordance with Condition Number 6 of the May 22, 2000, Planning Board's conditional final approval, a performance guarantee was submitted to the Town, and the performance guarantee (Irrevocable Letter of Credit Cf 001214) was accepted by the Town Board on January 16, 2001, and WHEREAS, as per Condition Number 6 of the May 22, 2000, Planning Board's conditional final approval, all subdivision improvements included in the bond estimate must be completed by the developer prior to the issuance of any building permit for any lot within the subdivision; be it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final subdivision plans dated December 10, 2001, together with the preliminary plan, dated August 3, 1996, which is being approved as the drainage plan for the subdivision. $outhold Town Planninq Board Pa.qe Six December 17, 2001 As noted in the resolution, prior to the issuance of any building permit for any lot within the subdivision, all subdivision improvements included in the bond estimate must be completed by the developer. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Chairman Orlowski: Opposed? Motion carried. I have nothing left on my agenda. Anyone want to put anything on the public record? Otherwise, I'll entertain a motion to adjourn and we will go into a Work Session. Ms. Scopaz: I would like to say that Robert Kassner, Site Plan Reviewer, this is his last meeting with the Planning Board for the record. Chairman Orlowski: Yes, we mentioned that at the last meeting. I don't know, we might have another one. Mr. Kassner: I'll have to keep coming back. Chairman Orlowski: We'll note that. I'll entertain a motion to adjourn. Mr. Cremers: So moved. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Chairman Orlowski: Opposed? Motion carried. There being no further business to come before the Board, the meeting was adjourned at 5:23 p.m. Respectfully submitted, Carol Kalin RECEiVeD B~-~nett Orl~)wsl~i, Jr., Chairman Barbara R-u-d~e;