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HomeMy WebLinkAboutPB-01/31/1994PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. rVlark 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 Present: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD MINUTES JANUARY 31, 1994 Richard G. Ward, Chairman Mark McDonald Kenneth Edwards G. Richie Latham Bennett Orlowski Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert Kassner Martha Jones Laury Dowd, Town Attorney Mr. Ward: Good evening. I'd like to call the January 31, 1994 Southold Town Plannin~ Board meeting to order. The first order of business is the setting of the next Planning Board meeting. The Board to set Monday, February 14, 1994 at 7:30 P.M. at the Southold Town Hall, Main Rd., South-- old, as the tlme and place for the next regular Planning Board meeting. Mr. Latham: Move it. Mr. Orlowski: Second. Mr. Ward:' Seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. ********************************************** PUBLIC HEARINGS Subdivisions -- Final 7:30 P.M. Annette Zabohonski -- This minor subdivision is for 2 lots on 5.91 acres located on Crescent Ave. on Fishers Island. SCTM~ 1000-6--2-~. Is there anybody here this evening that would like to address the Board on this application? Southo!d Town Planning Board 2 January 3!, 1994 Mr. Ward: If no~, what is the pleasure of the Board? Mr. McDonald: Mr. Chairman, I'd like to make a motion to close the hear-- lng. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. McDonald: Mr. Chairman, I'd like to make a further motion. WHEREAS, Annette Zabohonski is the owner of the property known and desig- nated as SCTM~ 1000--6--2-], located on Crescent Ave. on Fishers Island; and WHEREAS, this minor subdivision is for 2 lots on 5.91 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environ-- mental Quality Review Act, (Article 8), Part 617, declared itself lead agency, and issued a Negative Declaration on October 19, 1992; and WHEREAS, as part of the final subdivision approval the Planning Board required the filing of certain covenants and restrictions which have been recorded in the office of the County Clerk; and WHEREAS, a final public hearing was closed on said subdivision application at Town Hall, Southold, New York on January 31, ]994; and WHEREAS, all the re~uirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated February 2, ~993, and authorizethe Chair- man to endorse the final surveys subject to fulfillment of-the following conditions: Ail conditions must be met within six (6) months of the date of this resolution. Submission of two (2) paper prints and five (5) my!ars, all contain-- ing a velid stamp of Health Dept. approval and a notation that a Declaration of Covenant and Restrictions has been filed. Mr. Edwards: Second the motion. Mr. War~: All in favor? Soutbold Town Planning Board ~ January 31, !994 Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. 7:75 P.M. Thomas J. McCarthy -- This minor subdivision is for 3 lots on 0.42 acres located on the northeast corner of King St. & Fourth St. in New Suffolk. SCTM~ !000--!17-7--8. Is there anybody here that t~ould like to address the Board on this application? If not, what's the pleasure of the Board? Mr. McDonald: I make ~ motion to close. Mr. Edwards: Second. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. McDonald: Mr. Chairman, I'd like to make a further motion. WHEREAS, Thomas J. McCarthy is the contract vendee, and Frank Majeski and others are the owners of the property kno%eq and desi~gnated as SCTM~ 1000--117-~7--8, located on the northeast corner of King St. and Fourth St. in New Suffolk; and ~YHEREAS, this minor subdivision, to .be known as minor subdivision for Thomas McCarthy, is for ~ lots on 0.42 acres; and WHEREAS, a variance to the Zoning Ordinance for approval of insufficient lot area, width and depth was granted, subject to certain conditions, by the Zoning Board of Appeals on June 30, 1992; and WHEREAS, the June 30, ~992 decision of the Zoning Board of Appeals was amended on August 18, 1993, subject to certain restrictions; and WHEREAS, the Southold Tow~ Plannin9~ Board, pursuant to the State Envir-- onmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, and issued a Negative Declaration on September 13, ]993; and WHEREAS, a final public bearing was closed on said subdivision application at Town Hall, Southold, New York on January 3t, 1994; and wHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final su~vey dated July, 28, 1993, with the follow-- lng conditions, as contained in the June 30, 1992 and August 18, ]993 decisions of the Zoning Board of Appeals, to be fixed to the map: Southold Town Planning Board 4 January 31, 1994 No further reduction in lot area for Lots 1, 2, and/or 3 other than that shown on the plan prepared by Joseph A. Ingegno, Land Surveyor (last revision date: July 28, 1993). Applications will be filed, processed and finalized with all other appropriate agencies of the Town and County before separating proposed Lots ~], ~2 and i3. Only one single-family dwelling use shall be permitted for each of the three lots. Therefore, it is a requisite of this %rariance that the front building on the proposed Lot ~3 which consists of approximately 384 square feet (depth 32.3 feet and v-ariabl, e width ]1.3 to 12.3 feet) shall be removed. Compliance with this condition must be confirmed within six (6) months after final approval of all Town and County agencies, or within six (6) months of the transfer of title to the applicant herein. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Opposed? Motion carried. (CHAIRMAN ENDORSED SURVEYS) Hearings Held Over From Previous Meetings: Mr. Ward: Hillcrest Estates -- Section 2 -- This ma3or subdivision is for 20 lots on 22.9 acres located in Orient. SCTM~ 1000--13--2--8.5. This particular subdivision has been granted several extensions, and what is the pleasure of the ~oard at this time? Mr. McDonald: Mr. Chairman, I' 11 make ~ motion. BE IT RESOLVED that the Southold Town Planning Board continue to hold open this final-hearing for an additional time period to expire at the Planning Board's March 28, 1994 meeting. This is the final extension. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr70rlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. Southold To~Planning Board 5 January 3!, !994 MAJOR ANDMINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Sketch Extensions: Mr. Ward: Stevens Bluff - This minor subdivision is for 2 lots on 4.4603 acres located off a r.-o--w approximately 600 feet east of Cox Lane in Cutchogue. SCTM~ 1000-83-2-8. What's the pleasure of the Board? Mr. Edwards: I move that the Southold Town Planning Board grant a six (6) month ex~.~ension of sketch approval from December 14~ !993 to J~une 14, 1994. Conditional sketch approval, was granted on June !4, 1993. Mr. McDonald: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. Ward: Randall W. Lacy - This proposal is to set off a 43,000 square foot parcel from an existing 33 acre parcel located on Main Rd., 300 feet east of of The Long Way, East Marion. SCTM~ !000-31--1--1. What's the pleasure of the Board? Mr. Orlowski: I'll m~ke a motion~ BE IT RESOLVED that the Southold To~an Planning Board grant a six (6) month extension of sketch approval from November 24, 1993 toM ay 24, ].994. Conditional sketch approval was granted on May 24, 1993. Mr. Latham: Second Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. Review. of Reports: Suffolk County Planning Commission Mr. Ward: 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. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion that it be RESOLVED to adopt the January 6, 1994 Suffol~f County Planning Commission report with the following amendments (numbers correspond to numbers in report): Southotd Toma Planning Board 6 January 31, 1994 1. Shall be amended as follows: No lot shal!be further subdivided In perpetuity. No lot line shall be changed in any mannerat any future date unless authorized by the Town of Southold Planning Board. 2. Shall be amended as follows: The portion of Lot ] and I~t 2 that is located between Central Ave. and West Harbor shall remain natural and undisturbed except for a common access point to the harbor for use by residents of the sub-- division only. Any future construction of docks, bulkheads or similar types of structures shall be_ subject to appropriate permits and approvals by all applicable agencies. 3. Shall remain as written. Shall be omitted. The Planning Board is not requiring that the exist- ing access~.~y be constructed to Town specifications as only one additional lot will use this as a means of access. 5. Shall be omitted. 6. Shall be amended as follows: Conditions 1 to ~ and 7, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of app- roval to this subdivision. The final map shall bear a note that a Declaration of Covenants and Restrictions has been filed. The Liber and Page number of the recorded document shall be noted also. 7. Shall remain as written. This paragraph must be included in the Declaration of Covenants and Restrictions. Mr. Edwards: Second the motion. Mr. Ward: Mo%ion seconded. All in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham~ Mr. Or!owski, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. Ward: S__%ephen & Donna Dzuqas-Smith -- This proposal is to set off a 0.73 acre parcel from an existing 29.042 acre parcel locao~d on the south-- west corner of County Road 48 and Tucker La. in Southold. SCTM~ 1000--59-- I0-6.1 Southold Town Planning Board 7 January 31, 1994 Mr. Latham: Mr. Chairman I'd like to offer this motion. BE IT RESOLVED to adopt the January 6, 1994 Suffolk County Planning Commis- sion report. Mr. Ward: Is there a second? Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr, Edwards, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. Review of Reports: Bond Estimate Mr. Ward: Harbor Park Homes -- This major subdivision is for 5 lots on 9.0~ acres located on the west side of Harbor Lane; 675 feet south of Main State Road in Cutchogue. SCTM~ 1000-97--6-~!7 & 103--1--20.5 & 20.6. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion that BE IT RESOLVEDto adopt the bond estimate dated as revised January 5, 1994 and to recommend same to the Town Board. The bond estimate is in the amount of $20,175.00 with an administration fee in the amount of $1,210.00. Mr. Latham: Second that motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. Orlowski: Note that I abstained for reasons previously given. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMERrPAL QUALITYREVIEWACT Lead Agency Coordination: Mr. Ward: Thomas D. Duff, Elaine G. Duff and Peter P. Nitze -- This lot line change is to subtract .41 of an acre from a 8.23 acre parcel and add it to a 1.02 acre parcel, on Fishers Island. SCTM~ 1000-6-2 & 3.2. What's the pleasure of the Board? Southold Total Planning Board 8 January 3], 1994 Mr. Edwards: I'd like to make a motion that the Southold To~ Planning Board start the lead agency coordination process on this Type I action. This project is classified as a Type ] action because it is located on Fishers Island which has been designated a Critical Environmental Area. Mr. McDonald: Second Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. ********************************************** Mr. Ward: Board to approve the Planning Board minutes of January 10, 1994. Mr. Latham: So moved. Mr. 0rlowski: Second. Mr. Ward: Seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. OTHER Mr. Ward: Anna K. Plock - Resolution in regard to conservation purposes of the project. Mr. McDonald: Mr. Chairman I'd like to make a motion. WHEREA~, it is the policy of the Southold Town Planning Board to conserve open space in the Town of Southold; and WHEREAS, the Southold Town Planning Board wishes to encourage alternative methods of open space preservation including the voluntary granting of con- servation easements by private landowners to private conservation organiza- tions; and WHEREAS, Anna K. Plock and others (operating under the name of "Plock Family JV") are the owners of the land situated North of North Bayview Rd., Town of Southold, New York, identified as SCTM~ 1000-79-5-20.2, compromising approximately 22 acres as shown on the "Map of Lands of Anna K. Plock" as prepared by Young'& Younc Surveyors; and Southold Town Planning Board 9 January 31, ].994 B%IEREAS, the Plock Family ~ wishes to convey to PeconicLand Trust, a not- for-profit charitable organization qualified under Section 170 (h) (3) of the Internal Revenue Code of 1986 (amendatory or supplemental legislation) an Open Space Conservation Easement primarily to reduce the allowable density from approximately ]4 lots to no greater than five lots; four lots which will be developed for new single family residences, and the fifth lot which is to contain all the existing buildings and boat docking facilities, which will be used primarily for open space and as a resource for maricult- ure, scientific and educational purposes; and be it therefore, RESOLVED, that the Southold Town Planning Board-hereby determines that the Open Space Conservation Easement which the Plock Family Joint Venture in-- tends to convey to the Peconic Land Trust will be made pursuant to the Town's public policy of preserving open space and that said conveyance will yield a significant public benefit. Mr. Ward: Is there a second? Mr. Latham: I'll second that. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Mcdonald, Mr. Edwards, Mr. Latham, Mr. Orlo~ki, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. Ward: We're at a point in our meeting that we are going to be breaking and going into a work session, which any and all of you are welcome to stay for; buy if anybody has anything that they'd like to put on the record or address the Board with here, before we close, you may do so. If not, a motion is in order to adjourn. Mr. Latham: I make that. Mr. Orlowski: So moved. Mr. Ward: Ail in favor? Ayes: Mr. McDonald, Mr.Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward Mr. Ward: Opposed? Mr. Edwards: Hold it... Mr. Ward: Oh, I'm sorry. Wes Ruroede: Whatever happened to Bid.well's presentation? Isn't Bidwelt supposed to have some sort of finale tonight? Mr. McDonald: No. They haven't responded to our comments from the last meeting. Southold Town Planning Board I0 January 31, 1994 Mr. Ward: Well, they were here at our last meeting and di~ present what they proposed to do. Wes Ruroede: qs there any consensus arrived at yet as far as Bidwell's innovative use of farmland? Mr. Ward: I'm not sure what you're saying. Wes Ruroede: I don't know. My eyebrows were raised a number of times re- garding some of the slick delusional ideas that some of these people were hoping to bring out here. I mean, money usually gets what it wants. (inaudible) huh as a man of the sea, it frightens me that these farms are casually being manipulated in positiveways, in a, sort of like a wise use movement. Mr. Ward: Well, a vineyard is an allowable use by special exception. The applicant is pursuing a special exception for an expansion of the winery and he is also before us for site plan review. Wes Ruroede: What about the possible ramifications of the .addition of sink and cooking facilities? There were alot of unanswered questions. Mr. McDonald: Can you state your name? Wes Ruroede: I'm Wes Ruroede. Mr. McDonald: Wes, we'~e waiting for alot of stuff from them. That was just a preliminary show and tell kind of thing. All the stuff you're talking about, Health Dept. approval, they're going to have to generate all these approvals and all the questions you're talking about are certainly valid questions, about sinks, cooking facilities, and all that. We're, right now, at a very conceptual stage and nothing, to the best of my know-- ledge, has progressed since that last meeting. I haven't seen any corres~- pondence back from them, since then. So, you've seen everything. I don't think there's been a piece of paper generated on this'. _Am I mistaken -- has there been anything from them? Mr. Ward: No. Mr. McDonald: So, what you saw was the last thing that happened. No dis~- cussions, no conferences, no talks. Wes Ruroede: I was under the impression that the steamroller ,~as in gear and... Mr. McDonald: The steamroller has got to be the slowest one in town be- cause nothings happened since the last meeting. Literally, nothing. And believe me, there's not going to be any steamroller. They're going to be treated just like anybody else. Wes Ruroede: Well then I'll strategically withdraw from the podium. Southold Town Planning Board January 31, !994 Mr. McDonald: If you want to know, you can call during the day and ask for Bob and say, "Hey, what's happening?", and he'll be happy to tell you what's transpired. Wes Ruroede: Thank you. Anybody else like to address the Board before we go into a work Mr. Ward: session? Linda Fletcher - NFEC: Do I gi~m these to you? Mr. McDonald: Just for the record, do you want to read what it is? Mr. Ward: Due to the extremely sensitive nature of the proposed Burger King on the Main Road in Mattituck, we, the undersigned urgently request the Southold Town Planning Board to hold a public hearing on the Cofam Realty application, pursuant to Southold Town Code~.Section 100--254, Sub-- section H. And there are three sheets of 11 signatures. Anything else? I guess the motions in order, and it's been seconded. All in favor? Ayes: Mr. McDonald. Mr. Edwards, Mr. Laths_m, Mr. 0rlowski, Mr. Ward Mr. Ward: Opposed? Motion carried. There being no further business to come before the Board, the meeting was adjourned at 7:50 P.M. Respectfully Submitted, Martha Jones, Secretary Richard G. Ward, Chairman THE SOUTHOLD TOWN CLERK Tovrn Clerk, Town of Soutlo!fi