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HomeMy WebLinkAboutPB-11/13/1995PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53099 Main Roac~ P. O. Box 1179 Southold, New ~ork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES November 13, 1995 Present were: Absent: 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 Jones, Secretary Mr. Ward: Good evening. I'd like to call the November 13, 1995 Southold Town Planning Board meeting to order. The first order of business ~s the setting of the next Planning Board meeting. Board to set Monday, December 11, 1995 at 7:30 p.m. at the Southold Town Hall, Main Rd., Southold, as the time and place for the next regular Planning Board meeting. Mr. Latham: So moved. Mr. Orlowski: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southold Town Planning Board 2 November 13, 1995 PUBLIC HEARINGS Mr. Ward: 7:30 p.m.- Nico Realty- This minor subdivision is for 2 lots on 4.445 acres located on Bay Ave. in Cutchogue. SCTM# 1000-97-3-11.2, 4, 5, 6 & 7. Is the applicant here that would like to address the Board, or an agent for the applicant? Edward Reale: Good evening members of the Board. I'm Edward Reale, I'm an attorney for Nico Realty. We have a 2 lot subdivision approved by the Health Department. If there is no objection from the community, we'd like to ask the Board to approve the subdivision. If any members of the Board have any questions about this application? Mr. Ward: Anybody else present that would like to address the Board on this particular application? If not, any comments from the Board? If not, all is in order to close the hearing. Mr. Latham: I move that. Mr. Edwards: Second. Mr. Ward: Moved and seconded. All in favor to close the hearing? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board? Mr. Orlowski: Mr. Chairman, I make a motion that WHEREAS, Nico Realty Corp. is the owner of the property known and designated as SCTM# 1000-97-3-11.2, located at Skunk Lane in Cutchogue; and WHEREAS, this minor subdivision, to be known as Nico Realty Corp. is for 2 lots on 4.445 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 November 13, 1995; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore Southold Town Planning Board November 13, 1995 RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys dated May 10, 1995 and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. A Park and Playground fee in the amount of $4,000.00. 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. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Extensions: Mr. Ward: Frederick and Bernardine Bauser - This lot line change is to merge a 24,720 square 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# 1000-86-4-1.7 & 1.9. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board grant a second ninety (90) day extension of conditional final approval. Conditional final approval was granted on February 6, 1995. The second ninety day extension will expire on February 6, 1996 unless 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? Motion carried. Southold Town Planning Board November 13, 1995 Mr. Ward: J;~J3r~L~&L~O~J~ - This minor subdivision is for 3 lots on 6.212 acres located on the north side of Main Rd.; 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'd like to offer this resolution. Be it resolved that the Southold Town Planning Board grant a second ninety (90) day extension of conditional final approval. Conditional final approval was granted on February 6, 1995. The extension will expire on February 6, 1996 unless all conditions of approval have been fulfilled. 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. Setting of Final Hearings: Mr. Ward: Barbara Dow- This minor subdivision is for 2 lots on 4.99 acres located approximately 1,450 feet north of Main Rd. on a r-o-w, and 2,600 feet west of Young's Rd. in Orient. SCTM# 1000-17-2-6. This would be December 11 if we do it. What's the pleasure of the Board? ' Mr. Cremers: Mr. Chairman, rd like to make the following motion. Be it resolved to override the August 8, 1994 Suffolk County Planning Commission report for the following reason: On March 1, 1995 the Zoning Board of Appeals granted a variance under New York Town Law, Section 280-A, for approval of access to the subject premises. Be it resolved, that the Southold Town Planning Board set Monday, December 11,1995 at 7:30 p.m. for a final public hearing on the maps dated August 14, 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 5 November 13, 1995 Mr. Ward: Opposed? Motion carried. Sketch Determinations: Mr. Ward: Estate of G. Sanders Nowell - This minor subdivision is for 2 lots on 18.165 acres located on Main Road in East Marion. SCTM# 1000-31-2-32.1. What's the pleasure of the Board? Mr. Orlowski: Mr. Chairman, rd like to make a motion that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Ward: Motion carried, rd like to make note that rm abstaining from voting on this because these folks are clients of my office. What's the further pleasure of the Board? Mr. Orlowski: I'd like to make a further motion that the Southold Town Planning Board grant conditional sketch approval on the maps dated October 5, 1995, with the following conditions: 1. This minor subdivision ~s designed as a cluster subdivision in accordance with Section 278 of New York State Town Law. When lot number 2 (the large lot) is subdivided, the yield shall be determined after first subtracting 7,258 square feet from the overall area since said land represents the clustered open space for lot num Der I (the small lot) of this subdivision. The above mentioned statement shall be noted on the final map and shall be contained in a Declaration of Covenants and Restrictions. 2. There shall be no further subdivision of lot number I in perpetuity. 3. Pre-certificates of Occupancy will be required to certify the pre-existence of both houses on lot 1. 4. The sketch plans have ben referred to the Suffolk County Planning Commission for review. You will be notified upon receipt of the Commission's report. The Planning Board may require covenants and Southold Town Planning Board 6 November 13, 1995 restrictions upon the review of the report and review of the final maps. You will be notified if covenants and restrictions are required. Mr. Cremers: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Ward: Note my abstention. Donna Iglesias-Wexler: What are covenants and restrictions? Mr. Ward: That would be something that would be possibly imposed on the property, with your approval, for condition of approval. Ms. Iglesias-Wexler: By adding that to the piece of property just in case something's sold, is that what it's saying? Would it be something that we would have to remove a house or you'd have to remove an existing... Mr. Ward: No, generally...at this point we'd have to see what's going to come back from the Suffolk County Planning Commission. You're talking about a cluster subdivision here so the covenants would normally be something running with the other parcel. You're carving out some property now that's being charged to the other piece of property. That's normally where a covenant would... Ms. Iglesias-Wexler: Could I just ask one more question? If there was a big problem, would I be able to revert to the original map where it showed that one house was on it's own piece of property? Mr. Kassner: The subdivision ~s being processed under the understanding that there are two pre"existing houses on lot number 1, and you were going to get a pre-CO attesting to that. Now, if you can do that then there should be no problem. As you know, the two houses require 40,000 square feet apiece. Lot number ] is a little less than that, so that lesser amount will be subtracted from the larger lot, when and if it's subdivided. Otherwise, there's no problem. Ms. Iglesias-Wexler: OK, thank you. Sketch Extensions: William 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 School House Rd. in Cutchogue. SCTM# 1000-102-5-9.3. What's the pleasure of the Board? Southold Town Planning Board November 13, 1995 Mr. Cremers: Mr. Chairman, I'd like to make the following resolution. Be it resolved that the Southold Town Planning Board grant a six month extension of sketch approval from November 16, 1995 to May 16, 1996. 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. Bond Determinations: Mr. Ward: Eliiah's Lane Estates- Sections 2 & 3 - This proposed major subdivision is for a total of 27 lots on 38.56 acres. Nineteen lots are proposed in Section 2, and eight lots are proposed in Section 3. SCTM# 1000-108-4-7.1. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I move to adopt the bond estimate dated October 25, 1995 and to recommend same to the Town Board. The bond estimate is in the amount of $248,675.00. 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. SITE PLANS Request for Site Plan: Mr. Ward: Frank's Marina (a.k.a. Broadwater's Cove Marina)- This site plan is for a 2.7 acre marina located on Bay Ave. in Cutchogue. SCTM# 1000-104-8-2.5. What's the pleasure of the Board? Mr. Orlowski: I just have a question. The applicant is here, I didn't realize it was Southold Town Planning Board November 13, 1995 Frank. Everybody knows Frank. Frank Zito: What would you like to know? Mr. Orlowski: You bought the Broadwater's Cove Marina? Mr. Zito: I bought Broadwater's Cove, yes. Mr. Orlowski: So, it's not the house next door? Mr. Kassner: No, there's a residence on the marina property. Mr. Zito: Right. Mr. Zito: And as far as I know, it's all one piece of property. Mr. Kassner: That's absolutely correct. Mr. Zito: Right. I bought it knowing that it was zoned Marine I and... Mr. Orlowski: Do you live in the house? Mr. Zito: Yes, I do. I brought a site plan over with me... Mr. Orlowski: Wasn't there a site plan on that years ago? Mr. Zito: Yes, here it is. The latest one I have is 1983. And I just put in where I'm going to store boats and... Mr. Orlowski: I think we did a site plan on this, didn't we? Mr. Kassner: I couldn't find anything in the file, but the neighbor across the street had a problem and, what happened here is that for the first time there was a stockade fence put along Bay Ave. here and the vegetation was taken out so obviously you can see... Mr. Zito: No, the fence was there for years. Mr. Kassner: There's a new one now. Mr. Zito: Yeah, because the old one was rotten. Mr. Kassner: I understand that, but the vegetation in front of it was removed to put the fence in. So this guy now can see all the shrouds, but the point is that there Southold Town Planning Board 9 November 13, 1995 are more boats that your sign is advertising, upland storage of boats, which is a little more intensive use of the site than previously. Mr. Zito: Well, there was never upland storage there before I moved in. Mr. Kassner: Correct. That's right. So, now there is, where before there wasn't. Mr. Zito: Oh, OK, I see what you're saying. Mr. Kassner: So, all we're requesting is a site plan. And the Board may waive it when you come in with it. Mr. Orlowski: There is a site plan on this. Mr. Kassner: I didn't see it. Mr. Orlowski: Dick, do you remember it? Mr. Ward: I can't remember. Mr. Zito: Well, I was involved in the erosion program and everything else, so I must have put a site plan in for that, too. Mr. Kassner: We do have a plan that's never been approveo, showing a number of docks and so forth, but it was never an approved plan. Mr. Zito: You know what the biggest problem was, that was still on the books when I was buying the property, was that it was still zoned non-conforming. Mr. Kassner: It's conforming now. You had a Zoning Board of Appeals variance, but when that was re-zoned to Marine I, it obviates the variance. The only thing here is that for the first time there are more boats being stored upland and it's a little intensification of the site and the Board wants to determine whether there's sufficient parking and so forth. Mr. Zito: OK, sure, rm willing to help you guys out, figure everything out if you want. Mr. Ward: Well, we have a resolution on tonight as to bring you in for a site plan. Mr. Zito: OK, good. Does this help you...do you have this Bob? Mr. Kassner: No I don't. Southold Town Planning Board 10 November 13, 1995 Mr. Ward: Is this an extra one? Mr. Zito: Yeah, this is an ex[ra one. Mr. Orlowski: Mr. Kassner: You can have this one. We have one more detailed than that though. Yeah, we do. We're showing all your finger docks and so forth. Mr. Zito: This is the only one I have... Mr. Ward: Why don't you keep this one. Mr. Zito: I have more of these, I made copies because I was going for permits to fix up this ramp here. Mr. Ward: Alright, this is the one that has Health on it. Mr. Zito: Yeah, it has a Health stamp on it and everything else. Mr. Ward: This is June 21, 1983. Mr. Kassner: Very good. It shouldn't be a big deal. Mr. Zito: You can keep this one. I have copies at home. Mr. Kassner: I appreciate it. Thanks. Mr. Ward: What's the pleasure of the Board? Mr. Orlowski: I make a motion that WHEREAS, the Planning Board is the body charged by law with requiring, reviewing, and approving site plans; and WHEREAS, Article XXV, Section 250 of the Southold Town Zoning Code grants the Planning Board the authority to require site plan approval when there is any change of use or intensity of use which will affect the characteristics of the site plan in terms of parking, access, drainage, open space or utilities; and WHEREAS, the Planning Board does not have an approved site plan for this marina; and WHEREAS, Frank's Marina, (Broadwater's Cove Marina) has initiated the upland storage of boats; and WHEREAS, there has been recent clearing of vegetation on the site;and Southold Town Planning Board 11 November 13, 1995 WHEREAS, this change in use and intensity of use represents a change in the nature of the previous use, because the upland storage of boats has increased traffic and created additional need for parking; be it therefore RESOLVED, that the Southold Town Planning Board has determined that the upland storage of boats has resulted in a change in the nature and intensity of use which will affect the characteristics of the site in terms of parking, access, drainage and lighting; and BE IT FURTHER RESOLVED, that these changes trigger the need for a site plan review to consider the parking, traffic and other impacts which will be caused by the upland storage of boats. 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. Mr. Ward: The next order of business is the approval of the Planning Board minutes. Board to approve the October 2, 1995 minutes. 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. Mr. Ward: Opposed? Motion carried. And also the October 23, 1995 minutes. Mr. Latham: Move it. Mr. Orlowski: Second. Mr. Ward: Moved and seconded. All in favor? Southold Town Planning Board 12 November 13, 1995 Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Being no further business before this evening, would any member of the Board like to have anything on the record? Mr. Orlowski: Motion to adjourn. Mr. Cremers: Second. Mr. Ward: 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 7:45 p.m. Richard G. Ward, Chairman Respectfully submitted, Martha A. Jones Secretary