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HomeMy WebLinkAboutPB-04/10/1995PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski. Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES APRIL 10, 1995 Present were: Absent: Mr. Ward: Richard G. Ward, Chairman Bennett Orlowski, Jr. G. Ritchie Latham Kenneth Edwards Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha Jones, Secretary Good evening. I'd like to call the April 10th, 1995 meeting of the Southold Town Planning Board to order. First order of business is setting the next Planning Board Meeting. Board to set Monday, May 1, 1995 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next Planning Board Meeting. Is there a second? Mr. Orlowski: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. PUBLIC HEARINGS: Mr. Ward: First public hearing this evening at 7:3D p.m. is Gregory Simonelli. This minor subdivision is for three lots on 3.85 acres located on the south side of Grand Avenue approximately 150 feet west of Greton Court in Mattituck. SCTM #1000-107-2-4. Is the applicant here or the agent for the applicant? If not, all is in order to close the final hearing. · - Southold Towr~ Plal ng Board 2 A~ ~.1 10, 1995 Mr. Orlowski: So moved. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail those in favor? Ayes: Mr. 0rlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: What is the pleasure of the Board? Mr. Orlowski: Mr. Chairman, I would like to make a motion. WHEREAS, Gregory Simonelli is the owner of the property known and designated as SCTM $1000-107-2-4, located on the South side of Grand Avenue; approximately 150' west of Greton Court in Mattituck; and WHEREAS, this proposed minor subdivision, to be known as Minor Subdivision for Gregory Simonelli, is for three lots on 3.85 acres; 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 January 9, 1995; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 10, 1995; 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 December 27, 1994, and the road and drainage plan dated October 27, 1994, subject to fulfillment of the following conditions. All conditions must be met within slx (6) months of the date of this resolution. 1. Two (2) additional final subdivision maps must be submitted. Both maps must contain a valid stamp of approval from the Health Department. 2. Two (2) additional copies of the final road and drainage plan must be submitted. 3. A. The Performance Guarantee in the amount of $42,420.00 and the administration fee in the amount Southold Town Pla~ )ng Board 3 A~-~i 10, 1995 of $2,545.20 mus5 be submitted in a form acceptable to the Town; or B. The improvements contained in the bond estimated dated December 1, 1994, and shown on the final road and drainage plans must be completed prior to endorsement of the final map. The administration fee in the amount of $2,545.20 must be paid prior to the start of any construction. 4. The park and playground fee in the amount of 4,000.00 ($2,000 per vacant lot) must be paid. Mr. Edwards: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: The second public hearing at 7:35 p.m. Edward and Virginia Thorp. This lot line change is to subtract 2,625 square feet from a 0.351 acre parcel and add it to a 0.196 acre parcel. SCTM# 1000-37-6-2.1 & 3.1. Is the applicant here or the agent for the applicant? Mr. Moore: The Zoning Board has granted a variance which was a condition we had to satisfy before completing the lot line change. They adopted a recommendation you folks have, which was to jog the line a little bit to provide access to the rear of the house and then impose a condition on that saying that we could not put an addition to this house until we nullify the reason we are getting back was rather reasonable and the applicant agreed to that at that hearing. If you have any questions, I will be glad to answer them but I think it is pretty straight forward. Mr. Ward: Ail in order to close the hearing. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Ward: All in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. ' ' Southold Town Pla ng Board 4 A~'~i 10, 1995 Mr. Ward: What is the pleasure of the Board? Mr. Edwards: Mr. Chairman, I would like to make the following motion. WHEREAS, Edward and Virginia Thorp are the owners of the property known and designated as SCTM ~1000-37-6-2.1 & 3.2 located on Oak Court in East Marion; and WHEREAS, this lot line change, to be known as lot line change for Edward and Virginia Thorp is for a lot line change to subtract 2,625 square feet from a 16,920 square foot parcel and add it to a 9,380 square foot acre parcel; and WHEREAS, the Southotd 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 variance was granted by the Zoning Board of Appeals on March 1, 1995 and; WHEREAS, a final public hearing was closed on said lot line change application at Town Hall, Southold, New York, on April 10, 1995; 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 October 22, 1994 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 date of this resolution: The filing of new deeds pertaining to the merger of the 2,625 square feet from the 16,920 square foot acre parcel. SCTM #1000-37-6-3.1 with the 9,380 square foot parcel SCTM #1000-37-6-2.1. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward, Mr. Edwards. Mr. Ward: Opposed? Motion carried. ' ' Southold Town Pla~?ng Board 5 Ar~ '"1 10, 1995 Public Hearings - Subdivisions - Preliminary Mr. Ward: 7:40 p.m. Wildberry Fields - This major subdivision is for ten lots on 22.3886 acres located on the south side of Sound View Avenue 289 feet west of Clark Road and the north side of CR48; 320 feet west of Clark Road in Southold. SCTM #1000-51-3-12.2 & 12.4. Is the applicant here or agent? Mr. Howard Young: Good evening, I am here on behalf of the applicant. We just want to say that we support the application and will answer any questions if I might. Mr. Ward: Does the Board have any questions? If not all is in order to close the hearing. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Ward: Motion made and seconded. Ail in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Ward: Opposed? Motion carried. Mr. Ward: What is the pleasure of the Board. Mr. Orlowski: Mr. Chairman, I would like to make the following motion. RESOLVED, that the Southold Town Planning Board grant preliminary approval on the maps dated November 15, 1994, for the major subdivision of Wildberry Fields subject to the following conditions: 1. A typical building envelope has been indicated for the subdivision shown on proposed Lot Number 6. Similar building envelopes are sufficient for lots 2 - 9 in the proposed subdivision. The building envelope for Lot Number 1 shall be in conformance with the following: Fifty (50) foot buffer area shall be established adjacent to Sound View Avenue on Lot Number 1. This area shall be left in its natural state. There shall be no clearing of grading within this area other than that necessary for proper maintenance and removal of diseased, decayed or dead material and noxious plant species. An additional building setback of fifteen (15) feet shall be established from the south side of the buffer area. All other setbacks for this lot shall be as shown on the typical building envelope. Southold Town Pla[ 3~g Board 6 k.i ~'1 10, 1995 2. Parcel "B" (the Recharge Basin area) shall be redesigned so that the area shown for the proposed water main will not be included in the parcel offered for dedication to the Town. In this manner, the proposed water main will be located within an easement over part of Lot 5 and par~ of Lot 10 rather than within Town owned land. 3. Parcel "A" is shown on the preliminary map as being offered for dedication to the Town. If the Town does not accept the offer of dedication 'for Parcel "A", this area must be incorporated into a Homeowners Association. The Superintendent of Highways should be contacted in regard to the offer of dedication for this parcel. Failure to submit the final submission within six (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval, unless a request for an extension of time is requested and granted by the Planning Board. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: 7:45 p.m. North Fork Industrial Park (aka Tide Group) This major subdivision is for eight 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. Is the agent or applicant here: Henry Raynor: Good evening. I think that this has been such a long process, I would like to bring the Board up no exactly what has transpired and what has not transpired. As you are aware, this is a twenty-nine acre zoned parcel in a light industrial office on Route 48 in Cutchogue in the northeast corner. The subdivision was originally started by Dennis Corby and the Tide Group purchased this property from him in 1991. Actually, it was purchased from his estate. In July of that year a six month extension was granted on the sketch which was given by this Board and the Tide Group filed the application with the Department of Health along with all the proper and necessary data, at the request of the Town Planner. Southold Town Pla~<_j~ng Board 7 A~'~i 10, 1995 At that time, we received comments from LILCO with regard to the intersection of power lines that run through the property and after their inspection got approval of same. We installed the test holes in October of 1991 and the test wells were installed by the Department of Health also at that time. In November of 1991, we amended our maps to reflect the changes that this Board had requested and proceeded to drill three test wells on the property. Those maps were completed in December of 1991 and submitted here. Additionally, in December, in fact December 30th of 1991, we received a letter from the Town Engineer requesting additional data and requirements being placed on that map. In December, we also received notice from Mr. Corby's attorney, who would be the executor of the estate had embezzeled the estate for a substantial amount of money. This laid problems to us for processing a5 a later date which I would like to bring up. In February of 1992, we had a public hearing on the matter and there were no objections to the plans and we had at that point received a request from the Planning Board to plant a double row of evergreens along both the south and west sides of the road frontage of the property. In March of 1992, the test well results showed that some of the wells had nitrates. The Department of Health at that time asked us to redrill the wells which we did. In February of 1993, we requested an additional extension and sent a letter to the Board asking for this and we were advised that this would be granted. As the subdivision was not completed before the end of 1991, and although we had started prior to the date of new regulations under the Department of Health, the Department of Health chose to make us meet the new requirements. We proceeded and went to the hearing by the Board of Review and in waiting for that, we found that the County Department of Health, we received a letter from them stating that their field man had incorrectly written up the reports for the test and therefore, it would not be for the following month before it would be able to get on to the Board of Review. Again, we came back to this Board for an extension with regard to the Department of Health. Finally in July, we had a hearing and in September of 1993, they decided they would deny the hearing on behalf of the applicant. The Department of the Board of Review then asked that we drill test wells on all lots as an alternative measure and to submit them covenants and restrictions on any lots not passing the new standards the approved and reviewed by the County Attorney. In December of 1993, we received that approval from the County. ' ' Southold Town Pla~jng Board 8 ~"~1 10, 1995 In January of 1994, we sent copies of the C&R's from the County to the Planning Board and had final maps drawn reflecting all those changes. Unfortunately, at this point the Tide Group had to obtain new consent forms from the mortgage holder along with the changes of the attorney's and the executrix ended up dating the title report as well as the court authorization for the executrix to proceed. This took us into September of 1994. In November from this Board we received a letter requesting the filing fees be paid and another preliminary hearing be held pending no significant changes that the file hearing may be waived by this court. On January of this year finally, we sent the covenants and restrictions with regard to the homeowners association here to this Board and the Town Attorney's office and as a result to those completed items we can have a hearing. I certainly believe with all the maps and approvals, covenants and restriction before you have met all the Town and County regulations especially nhe Towns under 106 and we request the approval of this Planning Board. If you have any questions, I would be more than happy to answer them. Mr. Ward: Does the Board have any questions? Mr. Orlowski: No questions. Mr. Ward: If not, all is in order to close the hearing. Is there anyone else who would like to address the Board on this issue, on this particular project. If not, all in order to close the hearing. Mr. Orlowski: So moved. Mr. Ward: Moved and seconded. Motion carried. What is the pleasure of the Board? Mr. Latham: Mr. Chairman, I would like to offer this resolution. WHEREAS, on February 24, 1992, the Southold Planning Board granted conditional preliminary approval to the maps dated January 10, 1992 for the North Fork Industrial Park; and WHEREAS, although extensions of preliminary approval were granted by the Planning Board, a complete final submission was not received during the Time frame sen by the extensions and the preliminary subdivision approval expired; and WHEREAS, on November 22, 1993, the Planning Board notified ' : Southold Town Pla!~.?ng Board 9 A~ "1 10, 1995 the applicant of the information required to proceed with the subdivision in order to schedule another preliminary hearing; and WHEREAS, the above mentioned information has been submitted by the applicant; be it therefore, RESOLVED, that the Southold Town Planning Board grann preliminary approval on the maps dated February 7, 1995 with the following conditions of approval: 1. The landscaping design for the one-hundred (100) foot buffer area is to be shown on the final plan or on a separate landscape plan. The landscaping in the buffer area shall include, in addition to other plantings, a double row of evergreen trees, and shall provide a total visual barrier both along C.R. 48 and Depot Lane. 2. One entry smgn shall be allowed for the industrial park. Such area shall be designated on the final subdivision map. 3. Streen trees will be required along all proposed roads. These may be indicated on either the final plan or on the landscape plan. Failure to submit the final submission within slx (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval, unless a request for an extension of time ms requested, and granted by the Planning Board. Mr. Edwards: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Ward: Opposed? Motion carried. Mr. Ward: Under Final Determinations, we have done Gregory Simonelli and Edward and Virginia Thorp. SITE PLANS Final Determinations: Mr. Ward: Under Site Plans and Final Determinations we have Southold Town Pla~g Board 10 I' ~il 10, 1995 Metro Service Station - This site plan is to construct a 25 foot by 40 foot canopy containing fire suppression equipment over existing gasoline pumps, in Cutchogue. SCTM #1000-102-5-26. Is the agent for the applicant or the applicant here tonight to address the Board? If not, is there anybody in the audience that would like to address the Board on this issue. If not, are there any questions from the Board? Board: No questions. Mr. Ward: O.K., I guess everything is in order an this point, what is the pleasure of nhe Board? Mr. Edwards: Mr. Chairman, I would like no offer the following motion. BE IT RESOLVED, that the Southotd Town Planning Board authorize the Chairman to endorse the final surveys dated January 9, 1992. Conditional final approval was granted on March 27, 1995. All conditions have been fulfilled. Mr. Orlowski: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Ward, Mr. Edwards. Mr. Ward: Opposed? So carried. EXTENSIONS: Mr. Ward: Future Screw Machine - This site plan is for a 37' x 14'8" addition to an existing machine products building located on .3149 acres on CR 48 in Southold. SCTM #1000-59-7-33. What is the pleasure of the Board? Mr. Latham: Mr. Chairman, I would like no offer the following resolution. RESOLVED that the Southold Town Planning Board grant a one year exnension of final approval. Final approval was granted on July 6, 1992. The one year extension will expire on July 6, 1996. Mr. Edwards: Second. Mr. Ward: Motion seconded. Ail those in favor? Southold Town Pla<~_ ng Board 11 ~ ~il 10, 1995 Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? So carried. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Ward: Cablevision Systems Corp. - This proposed site plan is for the construction of a 1,200 square foot building to house cable switching and transmission equipment on a 4.5 acre site located on Route 25 in Greenport. SCTM #1000-52- 5-p/o 59.4. Is the applicant or the agent for the applicant here this evening? Is there anybody that would like to address the Board on this project? Any questions from the Board? If not, what is the pleasure of the Board? Mr. Edwards: Mr. Chairman, RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail those an favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Ward: Opposed? Motion carried. Mr. Ward: North Fork Sanitation - This site plan is for a transfer station located at Cox Lane in Cutchogue. SCTM #1000-83-3-4.7. Is the applicant or the agent for the applicant here this evening? If not, is there anybody that would like to address the Board on this particular determination? Any questions from the Board? All is in order, what is the pleasure of the Board? Mr. Orlowski: Mr. Chairman, RESOLVED that the Southold Town Planning Board acting under the State Environmental Quality Review Act, assumes ' ' Southold Town Plak~ng Board 12 ~ ~il 10, 1995 lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Mr. Latham: Second. Mr. Ward: Motion seconded. All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. CHANGE OF ZONE Mr. Ward: Depot Enterprises, Inc. - Report to Town Board on this petition to change the zone bf SCTM #1000-102-B). The property ms located on the north side of SR 25, 114.73' E/O the intersection of SR 25 and Depot Lane, Cutchogue. I would like to have a motion to pass our determination and comments on to the Town Board. Mr. Orlowski: So moved. Mr. Edwards: Seconded. Ail those in favor? Ayes: Mr. Ortowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. LOCAL LAW Mr. Ward: Local Law in Relation to Lot Creation and Merger. The Board and especially the staff has spent a lot of time reviewing this particular law and the Board in its last deliberation is in favor of the law as currently proposed and I would like to have a motion for nhat to go to the Town Board. Mr. Orlowski: So moved. Mr. Latham: Second. Mr. Ward: Moved and seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. .' ' Southold Town Pla[ ng Board 13 ~- lil 10, 1995 Mr. Ward: Opposed? Motion carried. OTHER Mr. Ward: Mattituck Creek Estates - Resolution in regard to locating greenhouses within Agricultural Reserve Easement Area. SCTM #1000-107-1-2. What is the pleasure of the Board? Mr. Orlowski: Mr. Chairman, I would like to make a motion. WHEREAS, the major subdivision, Mattituck Creek Estates was approved by the Southold Planning Board on February 24, 1992, and filed in the Suffolk County Clerk's Office on March 25, 1992; and WHEREAS, a Declaration of Covenants and Restrictions was required by the Planning Board as a condition of final subdivision approval, and such document was filed in the Suffolk County Clerk's Office in Liber 11421, Page 448; and WHEREAS, condition Number 4(i) of uhe Declaration of Covenants and Restrictions requires that: "Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures (including but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject ~o Planning Board approval"; and WHEREAS, on March 10, 1995, the Planning Board received a letter from William Smith and Dennis Schrader, who are currently leasing Lot Number 1 in the Mattituck Creek Estates subdivision, and who plan to purchase Lot Number 1 in this subdivision, in regard to locating greenhouses in areas other than the designated building envelope for this lot; and WHEREAS, the Planning Board has reviewed the March 10, 1995 letter, in which a particular area was proposed to locate greenhouses within the Agricultural Reserve Easement Area, and WHEREAS, after discussing the proposed location with William Smith, the Planning Board determined that an alternative site, on the north side of the existing LILCO easement, would be a more suitable location within the Agricultural Reserve Easement A_rea to locate greenhouses · ~ ' Southold Town Pla~ ng Board 14 I~il 10, 1995 since the alternative location would allow the greenhouses to be located adjacent to the existing building envelopes for the subdivision; be it therefore RESOLVED that the Planning Board allow William Smith and Dennis Schrader to locate greenhouses within the area of the Agricultural Reserve Easement Area shown on the attached map dated-April 7, 1995 and as described below: 1. Beginning at the southwest corner of Lot Number 2; Running thence from said point of beginning along the southerly side of Lot Number 2, 294.29 feet; Running thence North 67 feet; Running thence along the southerly side of Lot Number 3, 150 feet; Running thence South 19 degrees 53' 19" East, 155 feet to the northerly line of the LILCO Easement; Running thence 275 feet to the easterly side of the building envelopes setback line for Lot Number 1 (as amended by Certificate of Correction executed on June 22, 1992); Running thence 120.74 feet along the easterly side of the building envelope setback line for Lot Nuntber 1 to the point of beginning. A minimum sideyard setback of twenty (20) feet from the southerly property line of Lot 2 and 3 is required within the area described above. Any use other than that described in the letter dated March 10, 1995 from Dennis Schrader and William Smith is subject to Planning Board approval. In addition, the Planning Board has reviewed the request to extend the north-west corner of the established building envelope for Lot Number 1 approximately 750 square feet to allow construction of greenhouses in a square and perpendicular manner. The Planning Board will allow the greenhouses to be constructed in this location since the original building setback was established from the Natural Vegetation Retention Buffer Area rather than from Mill Road. Mr. Latham: Second. Mr. Ward: Motion seconded. All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards. ~,- ' Southold Town Pla: BU Board 15 ~ ~il 10, 1995 Mr. Ward: Opposed? Motion carried. Mr. Ward: Being there is no further business to be brought before the Board, does any Board Menfoer have anything to bring before the Board in our public session? If not, if there is anybody here that would like to address the Board in public session, I will say we are immediately following, having a work session so we will certainly be willing to listen to you then. If not, what is the pleasure of the Board? Mr. Latham: I move we adjourn. Mr. Orlowski: Second. Mr. Ward: Opposed? Motion carried. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Richard G. Ward, Chairman Jane Rousseau Temporary Secretary RECEIVED AND FILED BY SOUT OL To~ Clerk, Town o~ ~uthol~