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HomeMy WebLinkAboutPB-08/07/1995PLANNING 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 Present were: MINUTES August 7, 1995 Richard G. Ward, Chairman Bennett Orlowski, Jr. G. Ritchie Latham Kenneth Edwards William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha A. Jones, Secretary Mr. Ward: Good evening. The first order of business for this evening is the setting of the next Planning Board meeting. Board to set Monday, September 11, 1995 at 7:00 p.m., at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board meeting. Is there a second? Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. PUBLIC HEARINGS Mr. Ward: 7:30 p.m. Edith Dillon Edson - This minor subdivision is for 3 lots on 6.74 acres located on the northeast corner of Central Ave. and Munnatawket Ave. on Fishers Island. SCTM# 1000-6-3-8 and 6-4-7. Is the applicant or agent of the applicant here that would like to address the Board? If not, is there anyone here that would like to address the Board regarding this application? If not then, all is in order to close the hearing. Southold Town Planning Board August 7, I995 Mr. Orlowski: So moved. Mr. Edwards: Second. Mr. Ward: Moved and seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, rd like to offer the following resolution. WHEREAS, Edith Dillon Edson is the owner of the property known and designated as SCTM# 1000.6-3-8 and 1000-6-4-7, located on the northeast corner of Central Ave. and Munnatawket Ave. on Fishers Island; and WHEREAS, this proposed minor subdivision is for 3 lots on 6.74 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 November 15, 1993; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York, on August 7, 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 May 26, 1994. All conditions must be met within six (6) months of the date of this resolution. Six (6) final subdivision maps and two (2) mylar maps 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 pertain- ing to the subdivision. The notation must include the liber and page number of the filed document. c. A statement that the subdivision has been designed as a cluster subdivision. 2. The revised Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted 3. The park and playground fee in the amount of $4,000.00 ($2,000.00 per vacant lot) must be paid. Southold Town Planning Board 3 August 7, 1995 Mr. Cremers: Second. Mr. Ward: Moved and seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Mr. Ward: Gregory Simonelli - This minor subdivision is for 3 lots on 3.85 acres located on the south side of Grand Ave.; approximately 150 feet west of Greton Court in Mattituck. SCTM# 1000-107-2-4. This particular project we will hold over until our September 11 meeting, pending the completion of the road, firewell and street signs. Mr. Ward: Edward and Virginia ThorD - This lot line change is to subtract 2,625 square feet from a .351 acre parcel and add it to a .196 acre parcel. SCTM# 1000-37-6-2.1 & 3.1. What's the pleasure of the Board? Mr. Cremers: Mr. Chairman, I move that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated October 22, 1994. Conditional final approval was granted on April 10, 1995. All conditions have been fulfilled. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Final Extensions: Mr. Ward: Motion carried. (Chairman endorsed surveys) Conrad Bagenski - This minor subdivision is for 3 lots on 6.212 acres Southold Town Planning Board 4 August 7, 1995 located on the north side of Main Road; 1332.92 feet east of Elijah's Lane in Cutchogue. SCTM# 1000-108-3-9. What's the pleasure of the Board? Mr. Latham: Mr. Chairman, I move that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on February 6, 1995. The ninety day extension will expire on November 5, 1995 unless all conditions of approval have been fulfilled. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr, Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. Ward: Frederick and Bernardine Bauser - This lot line change is to merge a 24,720 sq. foot parcel designated as Park and Playground for the subdivision of Peconic Bay Cove with an adjacent 51,150 square foot parcel located in Peconic. The park and playground designation is to be removed and replaced with a Scenic Easement designation. SCTM# 100864-1.7 & 1.9. What's the pleasure of the Board? Mr. Cremers: Mr. Chairman, t'd like to make the following motion. Be it resolved that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. "Conditional final approval was granted on February 6, 1995. The 90 day extension will expire on November 6, 1995 unless all conditions have been fulfilled. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. Sketch Determinations: Mr. Ward: Harvest Homes- Sec, 2- This major subdivision is for 12 lots on Southold Town Planning Board 5 August 7, 1995 14.9 acres located on Oaklawn Ave. and Wells Ave. in Southold. SCTM# 1000-70-3- 22. I see that the agent for the applicant is here. Do you wish to address the Board? Gail Wickham: I believe it's 13 lots. My name is Abigail Wickham, on behalf of the owner. And also did speak to Melissa this afternoon about whether the proposed building envelope might not be somewhat better located to not be so directly in the middle of the property, or perhaps elongated. In fact, it should certainly be considered during the rest of this planning process. Other than that, I don't have anything to add, unless the Board has something? Mr. Ward: Anybody else that would like to address the Board regarding this application? Ann Wassmer: I live in Southold. I live right to the adjoining property that you're discussing and I'm very concerned about this since I have just read your TDR report and in this report it states that those one acre plots are going to be down zoned to one quarter acre plots. And I would like to know what the story is on it since this has been kept very quiet and no one in the area seems to have been notified. There's been nothing in the newspaper; a little article, but it did not mention what areas that this might happen in. And I feel that this is a big problem since you're going to down zone this to quarter acre, you're going to have 30-40 homes in here. With the water problem that we have with Greenport water right now where the pressure isn't good. We have very bad water, it's always very brown coming out and they tell us that these pipes are very bad in the area. You also have a school district that is so over...right now we are busting at the seams. That means if we are going to have 40 more homes, what is this going to be; is a new school going to have to be built? I was wondering if you could answer any questions on this? Mr. Ward: The present proposal before the Planning Board is for 13 lots on this particular development. There is one large lot in this proposed development scheme. At the present time, the Town does not have in its possession, so to speak, in the code a provision to allow for transfer of development rights. Ms. Wassmer: According to that TDR report that was one of the sections mentioned. Mr. Ward: The whole TDR program is a proposal. It has not happened as yet. Ms. Wassmer: Can you just go ahead and do this without the approval of this Town? Southold Town Planning Board 6 August 7, 1995 Mr. Ward: There is no increase in density at this time on this particOlar parcel. Ms. Wassmer: Well, what do you intend to do with this particular parcel, at the moment? Do you intend to sell it on one acre lots or as the way it is on the map right now? Mr. Ward: The development right now is basically half acre lots with one large lot that's approximately 7-1/2- 8 acres. Ms. Wassmer: That was zoned for one acre though, at one time. Mr. Ward: It's being developed at the one acre density. There's a common open space lot in the middle of this project. Ms. Wassmer: And you're telling me that you've already down zoned it to a half acre? Mr. Ward: No. Ms. Wassmer: And when is this going to come about? Mr. Ward: At this point, there is no intent to down zone it to less than the one acre zoning. If in the future, a TDR program is put into the Town, and if this particular parcel would qualify for it, then there is the possibility of transferring in. But these are all "ifs", they have not come about at this time. The best the developer can do right now is build 13 homes on this property, and that's what is before us tonight. Ms. Wassmer: And what about this TDR report? Mr. Ward: It's a report. Ms. Wassmer: I realize that, but according to that, it's going to go by next year. Mr. Ward: That's really something in the Town :Code that the Town Board has to put into effect and has not happened as yet. It may happen, but I don't know that it will. At this particular moment, the proposal before us would be for 13 lots. If down the road, two or three years, there is a TDR program which would allow for transferring into this area, you would definitely be notified about it. Ms. Wassmer: Do we have a right to vote on it or is it just up to the Planning Board to decide? Mr. Ward: It may be up to the Town Board to decide. I don't know how the program is going to work. Valerie, did you want to comment? Southold Town Planning Board 7 August 7, 1995 Valerie Scopaz: I just wanted to mention to you that the Town Code requires that when you have 10 acres or more of land zoned at one acre that it has to be clustered. The reason why the lots are half acre is that the Town Code requires that they be clustered so that there will be the preservation of open space. The other thing that this particular layout does is that option for transfer of development rights (inaudible). The layout was designed that puts the possibility of accommodating additional lots on there. The other consideration (inaudible] is that that property was part of a much larger subdivision at one time. It's the third part of a three part subdivision. The first two parts were all developed at the half acre density. All the houses in that area are half acre lots and the proposal right now for that section is going to be half that density, the one acre density. But that property could have been developed at the same time the other two sections were at the half acre density. That's just one of the reasons why the Board is keeping (inaudible). It would have happened anyway. Perhaps that would be a logical place for a transfer i_f the Town Board sees fit to go ahead with such a program. It will be many months before that happens. Myra Stegman: I live on Oaklawn Ave. and my question ~s now that you have stated that you have already approvea...is this true that you've already approved the building of the Oaklawn Ave. lot that we're talking about, or is it a proposal? Mr. Ward: This is a proposal at this point. The applicant is here for a sketch approval on 13 building lots on this particular parcel, which is allowed under the present zoning code. Ms. Stegman: And based on that, you forsee approval of this? Mr. Ward: I would think eventually, yes. In the process of what we're doing, once all the requirements are met, that the applicant could receive approval. Ms. Stegman: So in the final analysis you are going to have homes on half acre lots? Mr. Ward: If this proposal goes ahead, that's true. Ms. Stegman: The remaining land will amount to how much? Mr. Ward: Somewheres between 7 and 8 acres. Ms. Stegman: 7 and 8 acres. And they are to be open land? Mr. Ward: It would be one building lot. Southold Town Planning Board 8 August 7, 1995 Ms. Stegman: What is going to be on the building lot when these 13 houses are built? Mr. Ward: Right now, the only thing that could be on that lot is one house. Ms. Stegman: One house? Oh, that's because of the fact that 14 is divided...I see what you mean. The other question is, if these 13 houses are built and this piece ~s vacant, what do you anticipate is going to be on this lot? Mr. Ward: Well, right now it's an interior lot and it would be a large lot with one house. That would be "the 13th lot'. The other 12 lots would be on the perimeter, kind of like a horseshoe shape... Ms. Stegman: In other words, when this is finished you're going to have 13 houses on half acre and one house on the remaining property. Mr. Ward: That's the proposal at the present time. Ms. Stegman: Then what is it you're saying that down the road we have to expect some other kind of transfer? Mr. Ward: think that what you're looking at is that the potential here is that if a transfer of development rights program comes into the Town, if it comes into being as a change in the code; and secondly, if this particular parcel would qualify for that kind of a zone change, the applicant could come back to the Town to request a transfer program if they bought TDR's... Ms. Stegman: Well, how is that going to come about with a house on it? That, I don't understand. Mr. Ward: If they build a house on that lot, it's done, it's gone, it's not going to happen. Ms. Stegman: That's what I mean. Is that the way it's proposed now, that a house will be on it? Mr. Ward: Well, it's 13 lots. It doesn't mean that all 13 lots ... Ms. Stegman: rm only worried about the parcel that's left because then, according to the TDR and the proposals that are coming up, we have listed on your proposal parcels as small as one acre, some of them, the ones I saw on this list. So therefore, it could be subdivided into 4 homes of one acre. Or maybe I misunderstand your whole proposal. Southold Town Planning Board August 7, 1995 Mr. Ward: At the present time the developers proposal is to develop this subdivision for 13 lots. Ms. Stegman: I understand that. I'm talking about what you said that down the road maybe something else could happen, rm trying to find out what is that that could possibly happen down the road? Mr. Ward: Well, at the present time, nothing can happen down the road because we have nothing in the code to allow for it. There ~s no Transfer of Development Rights program in the Town. Ms. Stegman: Right. And you feel that if you go ahead with the transfer of development rights, that the Town Board on its own could approve it and we as taxpayers would not have any say in it? Mr. Ward: Well, I don't know that it would be done without a public hearing. Ms. Stegman: A public hearing? Alright. Now that I have the forum I really feel that I should state some of my real concerns about that area. Because you're on the Planning Board, maybe you're aware of it and maybe you're not, but the traffic on Oaklawn Ave. at the present time is getting to be really, really bad. There are close to 200 cars an hour that go down there on the busy times during the day. And we have a school on that street, and the children going on bicycles and skateboards down to the school are in jeopardy. That's my main concern. We've had a couple of incidents on that block, where we had one fatality. And we had two incidents on my particular spot where Dr. Arm's son was on a motorcycle and he became ~njured. Another one came across our front lawn and his car was stopped only by the mailbox on the next lot, so it's a real problem there that you have to deal with in terms of developing that area. As far as being developed, the area between the Main Road and Clearview and two blocks on either side of that, is developed right now to a point of, I think, intense density, compared to Cutchogue and other places where there are more open spaces. This is the concern that I have that you would bear that in mind as you do this down zoning of the quarter acre, up further in through Jacobs Lane and all those extra areas that are there. Bear in mind, you have to figure out how that traffic is going to get out of there because now they all come out down Oaklawn. Some of them use Bayview, but not very many. Mr. Ward: Just an answer to some of the concerns that the neighborhood would have that as, if, and when in the future if there was any further...if, in fact, the transfer of development rights program came about, a new application before the Town or this Board would also ioclude an environmental review of that particular Southold Town Planning Board 10 August 7, 1995 proposal, which would have to address all those issues. Ms. Stegman: OK, thank you. Ellen Houghy: I live on Wells Ave., which would be affected by this, and from what I hear from this meeting tonight, aside from all the problems raised by the lady just prior to myself. If you're talking about 13 lots, with one large lot left in the center for one house, I find that inconceivable that that would be left as one lot for one house. It would have to be utilized for something else down the road, or left as open space, ad infinitum. I personally believe that area is not suited. I've lived there since 1964 and realize that one acre Iots...and I think that's the highest density that it should be, and I can conceive of where it would be very nice having 13 houses on half acrb, with one nice parcel in the center. If that's going to be as it's going to be; but not a few years down the road, having that developed. So that's my concern. Mr. Ward: Anyone else like to address the Board regarding this particular proposal? If not, what's the pleasure of the Board? Mr. Orlowski: Mr. Chairman, rd like to make a motion. WHEREAS, on December 14, 1995, the Planning Board granted sketch approval for an eleven (11) lot major subdivision application for Charles Grigonis under the name of Harvest Homes Estates Section 2 (Section I was recorded in the Suffolk County Clerk's Office on July 18, 1969); and WHEREAS, since the time of sketch approval, the ownership of the property has changed and it is now owned by Peconic Development Corp; and WHEREAS, Peconic Development Corp. has submitted a revised yield plan dated May 16, 1995, and a revised sketch plan dated May 16, 1995 for the property showing thirteen (13)lots; and WHEREAS, the Planning Board has accepted the May 16, 1995 yield plan for 13 lots; and WHEREAS, the Planning Board conducted a coordinated review on the original 11 lot subdivision proposal and issued a Negative Declaration on February B, 1994; and WHEREAS, the Planning Board has determined that the revised application for 13 lots does not warrant an additional environmental review since the layout, which has been revised as a cluster subdivision with smaller lots, conforms to that allowed under the cluster provision of the Town Code; be it therefore Southold Town Planning Board 11 August 7, 1995 RESOLVED that the Southold Town Planning Board grant conditional sketch approval on the subdivision map dated August 4, 1995, with the following conditions: 1. The drainage areas shown are subject to review by the Engineering Inspector. 2. The location of the building envelope shall be subject to review by the Planning Board. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. Just as a note to those that showed up regarding this; this is the very first step in the process, the sketch plan approval of which the applicant has now submitted to us. They will go through a preliminary application and eventually a final map which then gets recorded in the County Clerk's office as a final subdivision map. What you can do to track this is call Melissa. If you have any questions at all regarding it, stop in and see Melissa at the Planning Board office and she'll keep you posted on how the project is progressing. And we appreciate you coming out tonight. Sketch Extensions: Mr. Ward: Cedar Bluffs - This proposed major subdivision is for 4 lots on 36 acres located on the north side of Oregon Road in Mattituck. The fourth lot is 26 acres on which the development rights have been sold. SCTM# 1000-94-34.1. What's the pleasure of the Board? Mr. Cremers: Mr. Chairman, I'd like to make the following motion. Be it resolved that the Southold Town Planning Board grant a retro-active six month extension of sketch apProval from July 9, 1995 to January 9, 1996. Conditional sketch approval was granted on January 9, 1995. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Southold Town Planning Board 12 August 7, 1995 Mr. Ward: Mr. Ward: Opposed? Motion carried. AliDerti Estates-This major subdivision is for 10 lOts on 45.2155 acres located on the north side of Oregon Road; 877 feet west of Alvah's Lane, in Mattituck. SCTM# 1000-95-1-3. What's the pleasure of the Board? Mr. Latham: Mr. Chairman, I move that the Southold Town Planning Board grant a six month extension of sketch approval from August 6, 1995 to February 6, 1996. Mr. Cremers: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. Approval of Planning Board Minutes Mr. Ward: We have the approval of the Planning Board minutes for July 10, 1995. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Ward: Moved and seconded. ^11 in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. And the Planning Board minutes of July 14, 1995. Mr. Cremers: So moved. Mr. Latham: Second. Mr. Ward: Moved and seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Southold Town Planning Board 13 August 7, 1995 Mr. Ward: Opposed? Motion carried. Being no further business before the Board is there a motion to adjourn? Mr. Latham: I move we adjourn. Mr. Edwards: Second. Mr. Ward: Moved and seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. There being no further business to come before the Board, the meeting adjourned at 7:55 p.m. Richard G. Ward, Chairman Respectfully submitted, Martha A. Jones Secretary RECEIVED AND FILED BY SOUl. OLd)