Loading...
HomeMy WebLinkAboutPB-03/18/1996PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PI_,ANNING BOARD OFFICE TOWN OF SOUTHOLD Present were: Absent: MINUTES March 18, 1996 Bennett Orlowski, Jr. G. Ritchie Latham Kenneth Edwards William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha Jones, Secretary Richard G. Ward Mr. Orlowski: Mr. Ward, our Chairman, is ill tonight so rll take over his duties right now, so bear with me. The first order of business, Board to set April 8, 1996 at 7:30 p.m. at Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board meeting. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. 0rlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. 0rlowski: Opposed? So ordered. c PUBLIC HEARINGS Mr. Orlowski: 7:30 p.m. - Thornton Smith - Section 1 - This major subdivision ~s for a total of 9 lots on 80.5893 acres and is designed in two sections. Section 1, comprising 47.2985 acres, will result in three non-residential lots; the development rights have been sold to the Town for the area of proposed lots I and 2, and proposed lot 3 is protected by a conservation easement to the Peconic Land Trust. Southold Town Planning Board 2 March 18, 1996 Section 2, comprising 33.2908 acres will result in six, 5 acre residential lots. SCTM# 1000-121-1-1 and 113-7-19.2. At this time, I'll ask if there are any comments on Section 1 of this subdivision? Tim Caufield: Tim Caufield with Peconic Land Trust, and I'm here on behalf of the owner of the property, Thornton Smith, and just wanted to say for the record that we're very pleased with the plan that is before the Planning Board now; we couldn't be happier with it. As many of you know, the property was at one point approved for a 35 lot subdivision and Mr. Smith has voluntarily granted a conservation easement for the Trust already reducing the density to no more than 6. As far as tonight's application is concerned I think everything is in order. The Health Department stamps are in place and the maps are ready for filing. The only thing I think that you are waiting for is the affidavit for posting which we have taken care of. The property has been posted for a week and I've brought the affidavit with me. So, rll just leave them with you and if there are any other questions I'll be happy to answer them. Mr. Orlowski: Any other comments on this subdivision? No comments? Any comments from the Board? Mr. Latham? Mr. Latham.' No, I'm happier with the thing myself. Mr. Orlowski: Mr. Edwards? Mr. Edwards: No Mr. Orlowski: Mr. Cremers? Mr. Cremers: No Mr. Orlowski: Valerie, any comments? Ms. Scopaz: No. Mr. Orlowski: Well, if there are no further comments, I11 entertain a motion to close the hearing. Mr. Cremers: So moved, Mr. Edwards: Second. Southold Town Planning Board 3 March 18, 1996 Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. Does the Board have any pleasure on this subdivision? Mr. Edwards: Mr. Chairman, I'd like to entertain the motion that WHEREAS, Thornton E. Smith is the owner of the property known and designated as SCTM# 1000-113-7-19.20 and 1000-121-1-1.1, located on the north side of Sound Avenue and the east side of Bergen Avenue in Mattituck; and WHEREAS, this proposed subdivision, to be known as Thornton Smith, Section 1, is for 3 non-buildable lots; and WHEREAS, the development rights on Lots I and 2 have been sold to the Town of Southold and a conservation easement has been voluntarily granted to the Peconic Land Trust on Lot 3; and WHEREAS, as easement for drainage purposes has been voluntarily offered for dedication to the Town of Southold; 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 February 26, 1996; 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, a final public hearing was closed on saict subdivision application at the Town Hall, Southold, New York on March 18, 1996; 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 approve and authorize the Chairman to endorse the final surveys dated March 12, 1996. This approval is for the three (3) lots shown in Section 1 only. Mr. C remers: Second. Southold Town Planning Board 4 March 18, 1996 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So carried. Mr. Odowski: 7:35 p.m. - North Fork Industrial Park (a.k.a. Tide Group) - This major subdivision is for 8 lots on 29.11 acres located on the northeast corner of Middle Road and Depot Lane in the LIO District in Cutchogue. SCTM# 1000- 96-1-1. I'll ask are there any comments on this subdivision? Abigail Wickham: My name is Abigail Wickham and l'm here on behalf of Russell McCall, who believe wrote you a letter addressing some of his concerns with this particular subdivision. He asked me to come here tonight and just reiterate those concerns and ask you to consider them in regard to a review of the plan that is presented before you against the code. I've looked at the plan and I think that some of those concerns you have addressed and I've explained that to him, but let me just briefly go through those that he's raised. I guess his main concern is the impact of this subdivision on Middle Road exposure. In fact, before he became aware of your landscaping requirements, his concern was such that he offered to provide planting to the owner along the Middle Road exposure. I explained to him that that is something the Planning Board will require and has required. I'd just like to ask that you make sure in your landscaping evaluation that it is adequate to minimize the visibility to the Middle Road. When you have businesses, even in this LIO type of industry along a main frontage, there is a tremendous temptation to advertise and to use whatever exposure they can towards that Middle Road. So we want to make sure that the buffer created was going to be adequate to prevent against that. Also, you will have those buildings backing up to the Middle Road it looks tike, with a warehouse type of effect perhaps in the back, with lights and trucks and whatnot. So, we ask that the Board do its best to provide an adequate screening buffer. I see that you have evergreens and as many and as thick as they can be, he would appreciate that. His concern is, as an owner of property across the street, which is in agricultural, he continues to keep agriculture. He'd like to see the industrial aspect of this neighborhood minimized as much as possible. Southold Town Planning Board 5 March 18, 1996 And that would also, if you could look at the map, I'm sure you have, with a view towards maximizing the width of that buffer along Middle Road in accordance with your requirements. Another concern he has ~s one of lighting, which may be more properly addressed to a site plan review, but I do think that our code is awfully inadequate on lighting and is probably one of the worst forms of pollution in this town, and we ask you to consider that. Particularly where you do have: because of the layout, buildings backing up to the public highways, both Depot Lane and Middle Road. And also, the impact of traffic, if you have a fully developed subdivision with em ployees all coming and going at the same time, there is going to be an impact. Just in general, I think there's a great temptation on the part of many people in the town to sort of write off that area because it is near the dump or what is now some sort of sanitary euphemism (inaudible), it's no longer even a landfill. But, I think it's important to realize that although the Board has done a lot in eliminating development along the Middle Road that it is important to the beauty of our town. There are a lot of forms of agriculture, particularly more recently, that do benefit greatly from exposure along the highway and that this should be continued to be regarded as prime farmland and to do your planning in that regard. We thank you for your consideration. Mr. Odowski: I believe that most of your comments are either on the map or will be addressed when the time comes for the site plan stage for each individual piece. Any other comments? Henry Raynor: Good evening. I'd be more than happy Gall, to meet with Russ any time. If he had called me I would have been more than happy to... Ms. Wickham: I don't think he knew you were involved with it. I didn't either until tonight. Mr. Raynor: Good evening gentlemen. My name is Henry Raynor and 1 represent Tide Group. Just for the audience here tonight, I'd briefly like to outline the history involved. This proposal received sketch plan approval in July 1991 and we started the process with the Department of Health Services in August of that year. We completed the test holes as prescribed, in October. We held initial preliminary hearing in February of 1992. There were no objections at that time to this proposal. The test wells were put in during the summer and fall of that year and some of those wells exceeded the Suffolk County Department of Health Services nitrate limits as well as some (inaudible) and testing. And this was addressed primarily because of the agricultural use. We came back and applied to the Southold Town Planning Board 6 March 18, 1996 Board for an extension of their approval and in February 1993 it was granted. We went back to Suffolk County; we went before the Board of Review and got permission to locate wells on each one of the site locations and proceeded with the subdivision until October of 1993. We prepared the final maps in order and along with the initial Covenants and Restrictions for both the Town and the County. We finalized the Covenants and Restrictions in January but it took the County Attorney until October of that year to give a ful response to us. In November of 1994 we received a letter that our time had lapsed. We had to pay new fees and another public hearing was necessary. That was held in April of 1995. There were no objections. The conditions on the map to amend saying were presented to us from the Board on April 15. The final maps were then sent to the County for updating the Department of Health stamp and in September, at which time we submitted them to the County they proceeded to lose them. We initiated new maps and that allowed another 45 days of loss of processing. I believe the final maps and the revisions that were requested were given to the Board in February and as a result we have this hearing tonight. There are two items that I'd like to address. One, I would request the Board to consider a bond waiver so that we may proceed with the improvements and the inner structure as soon as possible. I realize this would be conditioned upon probably the non-transferring of any of the parcels until the Town Engineer approved of same. I also believe that what you have before you tonight is in full conformity with the Town Ordinance, Section A106 and I would request its approval. If there are any questions, I would be more than happy to see if I can answer them. Mr. Orlowski: Does the Board have any questions? None? Any other comments on this subdivision? I'll entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. VVhat's the pleasure of the Board? Southold Town Planning Board 7 March 18, 1996 Mr. Orlowski: I'll make a motion that WHEREAS, Tide Group, Inc. is the owner of the property known and designated as SCTM# 1000-96-1-1, located on the northeast corner of Middle Road and Depot Lane in Cutchogue; and WHEREAS, this proposed major subdivision, to be known as North Fork Industrial Park, is for 8 lots on 29.11 acres, located in the Light Industrial Park/Planned Office Park (LIO) District; 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 August 13, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on March 18, 1996; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the following conditions; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated March 4, 1996. All conditions must be met within six (6) months of the date of this resolution: Six (6) paper prints of the final subdivision map and two (2) mylars must be submitted. All maps must contain the following: a. A valid stamp of approval from the Suffolk County Health Department. b. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. This notation must include the liber and page number of the filed document. 2. Six (6) copies of the final road and drainage plans must be submitted. The Performance Guarantee in the amount of $405,295.00 and the administration fee in the amount of $24,317.70 must be submitted in a form acceptable to the Town Board; or The improvements contained in the bond estimate dated February 23, 1996, must be completed prior to any endorsement of the final map. The administration fee must be paid prior to the start of any construction. A copy of the recorded Declaration of Covenants, Restrictions, Easements, Charges and Liens must be submitted. A copy of the Article of Incorporation for the Property Owners Association must be submitted. In addition, the deeds showing the transfer of title of the common areas to the Property Owners Association must be submitted. Southold Town Planning Board 8 March 18, 1996 A copy of the recorded Declaration of Covenants and Restrictions required by the Suffolk County Health Department must be submitted. The subdivision has been designed with a road (Commerce Drive) to provide future access to the adjacent property owned now or formally by Mildred Goodwin and with a tap road (Corporate Road) to provide future access to the property owned now or formally by Frank McBride. If development is planned for either of these properties prior to any dedication of the roads to the Town of Southold, vehicular access to these properties shall be made available. This must be so noted in the Declaration of Covenants and Restrictions. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision must be submitted. The letter shall state that the utility company will make the installations necessary for the furnishing of its services. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:40 p.m.- Policies in regard to time frames for conditional final approvals of subdivisions, set-offs, lot line changes and site plans. To give you a synopSis of what we're talking about, this policy establishes that conditional final approval shall automatically terminate after six months unless extensions are applied for and granted by the Planning Board. Within one year of the expiration date, the Planning Board may reconsider applications after requiring the submission of half the required application fee and holding another final hearing on the application. When more than one year has passed since the expiration date, a new application and application fee shall be required to process the application. If the Planning Board determines that extenuating circumstances exist and showing that for reasons beyond the applicant's control, (ie. change in ownership of property due to death, pending active application at Health Department Board of Review, Southold Town Planning Board 9 March 18, 1996 involvement in litigation, pending active application for public water), additional time is required to fulfill the conditions of approval, the Planning Board may extend the conditional approval for additional time. This is a policy that we've been using for quite a while now and we're officially holding a hearing on it and adopting this policy, rll ask if there are any comments on this policy? Henry Raynor: Mr. Chairman, are those the only conditions on which you would grant an extension, or is it up to the majority of the Board? I can see many unforeseen things coming up here. Mr. Orlowski: Well, I think it says that for reasons beyond the applicant's control. Those are just example, but rm sure there may be many, many others, and we don't have enough paper here to put them down. Mr. Raynor: Thank you. Mr. Orlowski: Any other comments? Any comments from the Board? If there are no comments I'll entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. What's the pleasure of the Board? Mr. Cremers: Mr. Chairman, rd like to offer the following resolution. Whereas, the Planning Board has standing policies in regard to time frames for conditional final approvals of subdivisions, set-offs, lot line changes and site plans; and Whereas, the Planning Board wishes to ado pt these policies in order to provide uniform guidance to applicants and to the public; and Whereas, the policies are set forth in the Policies in Regard to Time Frames for Conditional Final Approvals of Subdivisions, Set-offs, Lot Line Changes and Site Southold Town Planning E~oard 10 March 18, 1996 Plans; be it therefore Resolved, that the Southold Town Planning Board adopt the policies set forth in the Policies in Regard to Time Frames for Conditional Final Approvals of Subdivisions, Set-offs, Lot Line Changes and Site Plans. Mr. Latham: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings: Mr. Orlowski: Hi~hpoint Woods at East Marion - This major subdivision is for 10 lots on 20.5668 acres located on the north side of Main Rd. in East Marion. SCTM#1000-22-3-5 & 314-15.9 & 16.1. Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board set April 8, 1996 at 7:30 p.m. for a final public hearing on the maps dated December 14, 1995. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. 0rlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. Southold Town Planning Board 11 March 18, 1996 Mr. Orlowski: Bayview/South Harbor Partnership & Frank Buonaiuto - This lot line change is to subtract 527 square feet from a 12,639 square foot parcel, and to add it to a 544,179.8 square foot parcel; and to subtract 2899 square feet from the 544,179.8 square foot parcel and add it to the 12,639 square foot parcel, located on Grange Rd. and South Harbor Rd. SCTM# 1000-754-8 and 22.1. Mr. Cremers: Mr. Chairman, rd like to offer the following 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. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Mr. Cremers: Opposed? So ordered. I'd like to also add, BE IT RESOLVED that the Southold Town Planning Board set Monday, April 8, 1996 at 7:35 p.m. for a final public hearing on the maps dated January 18, 1996. Mr. Edwards: Mr. Orlowski: in favor? Second the motion. Motion made and seconded. Any questions on the motion? All those Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineer Mr. Orlowski: The Fields at Mattituck - This major subdivision is for 27 lots on 60.4 acres located on the north side of Bergen Ave. in Mattituck. SCTM# 1000- 113-2-1.1. Southold Town Planning Board 12 March 18, 1996 Mr. Latham: Mr. Chairman, I move that the Southold Town Planning Board adopt the Engineering Inspector's report dated March 11, 1996. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cre mers. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: William J. Baxter - This minor subdivision is for 4 lots on 2.78 acres located on the northeast side of Griffing St. and the southeast side of Schoolhouse Rd. in Cutchogue. SCTM# 1000-102-5-9.3. Mr. Edwards: Mr. Chairman, I move to adopt the Engineering Inspector's report dated February 23, 1996. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. Bond Release: Mr. Cremers: Mr. Chairman, I offer the following resolution. Be it resolved that the Southold Town Planning Board recommend to the Town Board that the $96,070.00 certified check from The Friedberg Partnership be released. Mr. Orlowski: West Mill Subdivision - This approved major subdivision is for 9 lots on 22.105 acres located on the west side of West Mill Rd; 1102.15 feet south of Naugles Dr. in Mattituck, SCTM# 1000-106-9-4, Southold Town Planning Board 13 March 18, 1996 The roads and improvements in the major subdivision of "West Mill", Mill Road, Mattituck have been completed in a satisfactory manner as noted in the December 22, 1995 report from James Richter. The firewell has been tested by the Mattituck Fire Department and has been found to be within the Mattituck Fire District Firewell Specifications. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Draft Environmental Impact Status: Mr. Orlowski: Beachcomber Motel II - This proposed site plan is for the expansion of an existing motel through the addition of 46 more units in four new buildings. The project is located on Duck Pond Lane in Cutchogue. SCTM# 1000- 83-2-1, 2 & p/o 17. Mr. Cremers: Mr. Chairman, I offer the following resolution. WHEREAS, a Draft Environmental Impact Statement (DEIS) was received for Beachcomber Motel II; and WHEREAS, the DEIS contains extensive analysis pertaining to the Action particularly concerning the environmental impacts and mitigation associated therewith and is adequate for public review, be it the refore RESOLVED, that the Southold Town Planning Board deem the DEIS complete; and be it further RESOLVED, that a Notice of Completion of Draft ElS be filed in accordance with the provisions of the State Environmental Quality Review Act and Chapter 44 of the Town Code, and be it further RESOLVED, that copies of the DEIS will be sent to all involved agencies and maintained for public inspection at the office of the Southold Town Planning Board Southold Town Planning Board 14 March 18, 1996 and the Cutchogue Branch of the Southold Town Library; and be it further RESOLVED, that the Southold Town Planning Board will conduct a public hearing on the DEIS on April 8, 1996. Mr. Latham: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. APPROVAL OF PLANNING BOARD MINUTES Mr. 0rlowski: Board to approve the February 26, 1996 minutes. Mr. Latham: So moved. Mr. Edwards: Second. Mr. 0rlowski: Motion made and seconded. All those in favor? Ayes: Mr. 0rlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. At this time, I have nothing left on our agenda. We are going into a work session. Is there anyone here that would like to comment on the record, in the minutes. Otherwise rll ask for a motion to adjourn. Mr. Cremers: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? So ordered. Southold Town Planning Board 15 March 18, 1996 There being no further business to come before the Board, the meeting adjourned at 8:00 p.m. Respectfully submitted, Martha A. Jones Secretary