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HomeMy WebLinkAboutPB-03/20/2000PLANNING BOARD MEMBER~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 MINUTES March 20, 2000 Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano William J. Cremers Kenneth L. Edwards Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Mr. Orlowski: Good evening. I'd like to call this meeting to order. The Board to set Monday, April 10th, 2000, at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mr. Cremers: So move. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carried. At this time, before we start the meeting, I would just like to say that not only are we introducing a new member, Mr. Rich Caggiano, who is going to be sitting with us from now on - but, Mr. Ward, who is not here tonight, I'd just like to wish him well and say that he did a great job here and we are going to miss him also. Southold Town Planning Board Page 2 March 20, 2000 PUBLIC HEARINGS: Subdivisions - Final: Mr. Orlowski: 7:30 p.m. - Christopher L. Rafferty & Jeanne A. May - This lot line change is to subtract 0.17 of an acre from a 2.60 acre parcel and add it to a 2.89 acre parcel. SCTM#1000-9-9-29.4 & 29.5. Does anybody have any questions on this lot line change? This is on Fishers Island. I don't know if anybody came over but that's what it's about. Any questions from the Board? Mr. Edwards? Mr. Edwards: None. Mr. Odowski: Mr. Cremers? Mr. Cremers: No. Mr. Orlowski: Mr. Caggiano? Mr. Ca,q,qiano: No. Mr. Orlowski: Since there are no further questions, I'll entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carried. What is the pleasure of the Board? Mr. Edwards: I'd like to entertain the following motion: Southold Town Planninq Board Page 3 March 20, 2000 WHEREAS, Christopher L. Rafferty and Jeanne A. May are the owners of the properties known and designated as SCTM#1000-9-9-29.4 and 1000-9-9-29.5 located on Reservoir Road on Fishers Island; and WHEREAS, this proposed lot line change is to subtract 0.17 of an acre from a 2.60 acre parcel, SCTM#1000-9-9-29.5, and add it to a 2.89 acre parcel, SCTM#1000-9-9-29.4; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, did an uncoordinated review of this unlisted action, made a determination of nonsignificance and granted a Negative Declaration on March 6, 2000; and WHEREAS, a final public hearing was closed on said lot line change application at the Town Hall, Southold, New York on March 20, 2000; 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 surveys, dated January 17, 1999, 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: 1. The filing of new deeds pedaining to the merger of 0.17 of an acre from a 2.60 acre parcel, SCTM#1000-9-9-29.5, and adding it to a 2.89 acre parcel, SCTM#1000-9-9-29.4. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carries. (Surveys endorsed by Chairman.) Southold Town Planning Board Page 4 March 20, 2000 Site Plans: Mr. Orlowski: The Shadv~d~ - This site plan is for a 12,281 square foot renovation to an existing restaurant and 8 room hotel on the second floor. SCTM#1000-35-1-21 & 22. Are there any comments on this site plan? Patricia Moore~ Esq.: We have the original DOT permit and we will submit it to the Board for your file. Mr. Orlowski: Thank you, any other comments? Being none, any questions from the Board? Mr. Odowski: Mr. Caggiano? Mr. Ca,q,qiano: No. Mr. Orlowski: Mr. Cremers? Mr. Cremers: No. Mr. Odowski: Mr. Edwards? Mr. Edwards: None. Mr. Orlowski: Since there are no further questions, I'll entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carries. Southold Town Planning Board Page 5 March 20, 2000 What is the pleasure of the Board: Mr. Cremers: Mr. Chairman, I'll offer the following resolution: WHEREAS, this proposed site plan, to be known as site plan for The Shady . Lady, is for a 12,281 square foot renovation to an existing restaurant and bed & breakfast on the second floor; and WHEREAS, Bobbi Zorn is the owner of the property known and designated as The Shady Lady, Route 25, Greenport, SCTM#1000-35-1-21 & 22; and WHEREAS, a formal application for the approval of this site plan was submitted on March 8, 1999; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on October 18, 1999; and WHEREAS, this site plan, last revised September 29, 1999 was certified by the Building Inspector on February 14, 2000; and WHEREAS, the Architectural Review Committee has approved the elevation drawings on January 18, 2000; and WHEREAS, the Southotd 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 Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final survey, dated February 24, 2000, with Suffolk County Department of Health Services approval stamp and later revision of March 13, 2000, subject to a one year review from date of building permit. Mr. Edwards: Second the motion. Mr. Orlowski: We'll just amend that. I think it's an 8 room hotel instead of a bed & breakfast. Will you make a motion subject to that change? Southold Town Planning Board Page 6 March 20, 2000 Mr. Cremers: Yes. Mr. Orlowski: Second to that? Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carries. Hearings Held Over From Previous Meetings: Mr. Orlowski: Summit Estates, Section 4 - Section 4 of this major subdivision is for one 4.3739 acre lot (Lot #33), The property is located off Shipyard Lane in East Marion. SCTM#1000-38-7-p/o 10 (a.k.a, SCTM#1000-35-8-5.3). Mr. Ca,q,qiano: BE IT RESOLVED that the Planning Board hold the final hearing for Summit Estates, Section 4, open until such time that Conditions Number 3, 4, and 5 of the approval in regard to the public hearing in accordance with Condition Number 11 .of the Declaration of Covenants and Restrictions are fulfilled to the satisfaction of the Planning Board. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Are there any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carries. Mr. Orlowski: RockCove Estates - This major subdivision is for 23 lots on 28.315 acres located on the north side of Middle Road (CR48); approximately 500 feet west of McCann Lane in Greenport. SCTM#1000-33-3-19. Southold Town Planning Board Page 7 March 20, 2000 Would anyone like to make a comment on this subdivision while it's still open? O.K. Hearing none, we have gotten our comments back from the County in regards to the curb cut onto 48. The County has approved the traffic study and has agreed that there should not be an extra curb cut. With that, I'll make a motion to close the hearing. Mr. Ca.q.qiano: Second. Mr. Orlowski: All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carries. Moving on: WHEREAS, Sal Caiola and Benny Caiola, Jr. (a.k.a. Bettina Equities Company) are the owners of the property known and designated as SCTM# 1000-33-3-19, located on the north side of Middle Road (CR48); approximately 500 feet west of McCann Lane in Greenport; and WHEREAS, this proposed major subdivision, to be known as Rockcove Estates, is for 23 lots on 27.6921 acres; and WHEREAS, the preliminary approval expired, however, as per the Planning Board's policy, the applicant was allowed to submit one-half of the required application fee to reinstate the preliminary approval; and WHEREAS, the Planning Board reviewed the status of the subdivision and decided that since there had not been any major changes to the subdivision proposal since the expiration of the preliminary approval, that it was not necessary to hold another preliminary hearing on the subdivision proposal; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on December 12, 1994; and WHEREAS, a Declaration of Covenants and Restrictions pertaining to the lots within the subdivision has been required by the Planning Board as part of any subdivision approval; and Southold Town Planning Board Page 8 March 20, 2000 WHEREAS, as a result of concerns raised at the public hearings, the Planning Board required that the applicant prepare a traffic analysis; and WHEREAS, on November 5, 1999, the applicant submitted a traffic engineering examination prepared by Dunn Engineering Associates; and WHEREAS, the Planning Board reviewed the November 5, 1999, report, and asked the applicant to expand the study to address the overall traffic impacts of both the existing development and the proposed development, on Moores Lane North and McCann 'Lane; and WHEREAS, on January 14, 2000, the applicant submitted the expanded report prepared by Dunn Engineering Associates; and WHEREAS, on January 28, 1999, the Planning Board forwarded the report to the Suffolk County Dept. of Public Works (SCDPW) for review; and WHEREAS, the Suffolk County Dept. of Public Works responded in a letter dated February 28, 2000, that the SCDPW concurs with the Dunn Engineering findings and conclusions as follows: there is no need to create a new access onto CR 48, thereby creating new conflict points, and the local road system can safely and effectively handle the proposed demand while providing adequate levels of service; and WHEREAS, the Planning Board reviewed the traffic engineering examination and the Suffolk County Department of Public Works report, and concluded that the Planning Board would not require any revisions to the proposed road layout for the subdivision; 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 public hearing notification provisions; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, SOuthold, New York on March 20, 2000; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore Southold Town Planning Board Page 9 March 20, 2000 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated May 10, 1999 and the final road and drainage plan dated March 25, 1997, subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution: On October 2, 1996, the Suffolk County Health Department Board of Review granted approval to the request for the variance to use temporary on-site wells subject to several conditions. A Declaration of Covenants and Restrictions was filed in Liber 11811, Page 219, in accordance with the Board of Review conditions. The conditions read as follows: All lots will be required to have individual test wells prior to approval to construct. Any lot which does not meet the water quality standards shall not be built upon until public water is available. The owner shall connect to public water when public water becomes available. There shall be no transfer of any of the Hots prior to the installation of water dry mains and without an acceptable test well. The above mentioned conditions must be noted on the final subdivision map and must be included in the Declaration of Covenants and Restrictions required by the Planning Board. In response to comments brought up during the public hearing process, the Planning Board has re-reviewed the proposed location of the Homeowners Association Beach Area. The Planning Board has determined that the Homeowners Association Beach Area is to be located to the north of Lot #3, rather than to the north of Lot #4, as proposed. In this manner, the Beach Area will be centrally located within the proposed subdivision. The final maps must be amended to show the revised location of the Homeowners Association Beach Area. Five (5) paper prints and two (2) mylars of the revised final map must be submitted. All maps must contain a valid stamp of Health Department approval, and the Liber and Page number of the recorded Declaration of Covenants and Restrictions. The Declaration of Covenants and Restrictions must be amended as follows: Southold Town Planning Board Pa.qe 10 March 20, 2000 It must be revised to reflect the revised location of the Homeowners Association Beach Area. A statement must be added noting that there shall be no vehicle access or parking allowed within the ten (10) foot wide walkway which is designed to provide Rockcove Estates Homeowners access to the Homeowners Association Beach Area. A Draft of the amended Declaration must be submitted for the Planning Board's review. Upon approval by the Planning Board, the Declaration must be recorded in the County Clerk's Office. A copy of the recorded document must be submitted to the Planning Board Office. The Homeowners Association must be filed and a copy of the recorded document must be submitted to the Planning Board Office. The Performance Guarantee in the amount of $404,861.00 must be submitted to the Planning Board Office and must be accepted by the Town Board. The Administration Fee in the amount of $24,291.66 must be submitted to the Planning Board Office. The park and playground fee in the amount of $23,000.00 ($1,000.00 per lot) must be submitted to the Planning Board Office. The Homeowners Association will own a beach area to the north of Lot # 3. The Planning Board determined that since the beach area is less than the amount of land required by Code for park and playground purposes, that a Park and Playground Fee would be required in addition to the land reservation. However, the Planning Board reduced the amount of the Park and Playground Fee from $2,000.00 per vacant lot to $1,000.00 per vacant lot. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision must be submitted. Such letter shall state that the utility company will make the installations necessary for the furnishing of its services. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Are there any questions on the motion? All those in favor? Southold Town Planning Board Pa.qe 11. March 20, 2000 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS: Mr..Orlowski: Richard B. Thatcher & M. Llewellyn Thatcher - This lot line change is to subtract 0.37 acres from a 4.48 acre parcel and to add it to a 1.49 acre parcel. The property is located off a private road off East End Road on Fishers Island. SCTM#1000-3-3-7. FIDCO Lots #19-1A, plo 19-2 & 19-1B. Mr. Edwards: Mr. Chairman, I'll entertain the following motion: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys, dated December 11, 1999. Conditional final approval was granted on November 1, 1999. All conditions have been fulfilled. Mr. Cremers: Second the motion. Mr. Odowski: Motion made and seconded. Are there any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carries. I have nothing left on my agenda. Does anyone have any comments for the record? Would anyone in the audience like to put anything on the record? There being none, I'll entertain a motion to adjourn. Mr. Ca,q,qiano: So move. Mr. Cremers: Second. ' Mr. Orlowski: Motion made and seconded. All those in favor? Southold Town Plann n,q Board Page 12 March 20, 2000 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. Orlowski: Opposed? Motion carries. There being no further business to come before the Board, the meeting was adjourned at 7:45 p.m. Bennett Orlo~s~i;,iTJr.'', C~ifma'n Respectfully submitted, Carol Kalin Secretary