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HomeMy WebLinkAboutPB-09/12/1994PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, 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 NINniES September 12, ] 994 Present were: Absent: Richard G. Ward, Chairman Mark McDonald G. Ritchie Latham Kenneth Edwards Bennett Orlowski, Jr. Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha A. Jones, Secretary Valerie Scopaz, Town Planner Mr. Ward: ~ood evening. I'd like to call the September 12, 1994 Southold To~ Planning Board meeting to order. The first order of busines is setting of the next Planning Board meeting. Board to set Monday, October 3, 1994 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. Is there a second? Mr. Orlowski: So moved. Mr. Ward: Second. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ed%rards, Mr. Ward. Mr. Ward: Opposed? Motion carried. PUBLIC HEARINGS Mr. Ward: 7:30 p.m. Harbor Park Homes This m~jor subdivision is for 5 lots on 9.04 acres located on the west side of Harbor Lane; 675 feet south of Main Stat Rd. in Cutchogue. SCTM~ 1000-97-6-17 and 103--1--20.5 & 20.6. Is the applicant here this evening, or a representative? Mary Lou Fotts: Mary Lou Folts for Richard Lark a~d the applicant. We would just like to ask that the Board approve the final map on the subdivision. I think we have complied with all your requests. I believe we just need to put Southold Town Planning Board 2 September !2, 1994 the information regarding the covenant on the final maps and mylars and submit them to you. Mr. Ward: Any other comments regarding this subdivision? John Latiman: 1200 Harbor Lane, Cutcbegue. I have no objections to the development. The only thing, there is a 50 foot right of way between myself and my south neighbor and I'd just like to find out if that's going to be a right of way or is it just going to be a private road, a Town road, and also that the drains be brought up to Town specification, before we have a serious accident there. Mr. Ward: That's a 50 foot strip in there that's reserved for a possible future road. It's not to be developed at this time. Mr. Latiman: My question is, is it a right of way that we can use or not? I've been using it for 28 years and mowing the grass on it I ~ow it belongs to Mr. 0rlowski, but my driveway was set up that I could go out,-- it was set up to be a Town road years ago, and is it going to be able to be used or not? That's my question. Mr. Ward: Do you presently have a right of way over it? Mr. Latiman: No, but we've used it. It was set up as a right of way. Maybe Mr. 0rlowski can explain it. Mr. Ward: Would the applicant like to address that question? In regard to the drainage, the Town Engineer has reviewed and inspected what was put in along the road. That was put in apparently already. Mr. Latin~n: I suggest that the Town Engineer re--inspect it before somebody gets hurt. They're on Town property, the Town's going to be responsible. Mr. Ward: What problems did you see? Mr. I~timan: Every rain storm it washers in. It should be put in...a kid has already gone over the handlebars on a bicycle there. All I'm asking is that it be in according to Town specifications. Mr. Ward: We'll have it r--inspected then. Thank you. Mary Lou Folts: As to the use of the property, Mr. Latiman has been using it and we have no objections to it. It's more in form I guess, of a license agreement, if you would. He's not given a perpetual easement over it but, if he's not asking for it, I'm sure that it would just work out (inaudible) for him to continue to use. Mr. McDonald: You're telling him you don't have a license, which means he doesn't have a right to use it. He can only use it as long as you tell him it's OK to use it. Does he understand that that's what you're saying? Mary Lou Folts: If it's revocable by the 0rlowski's, but they're saying they Southold Town Planning Board 3 September 12, 1994 have no problem with him as a neighbor using it. He's been using it. If the Town asks for it, that it be a possible future road which we would dedicate to the Town, it would then be a Town road and you would have the use of that. It's UP to the Town if they want it dedicated. Mr. McDonald: You already have a couple hundred feet of frontage on the road already. .The purpose of this piece on the sid is...what does that do for you that you don't_have now? Mr. Latiman: To get to the rear and also (inaudible). Mr. Ward: Eventually, if there is any further development in the area, that there's a possibility that it would become a road and there's and irrevocable guarantee that the Town could take it in the future or it could be developed as a road. At this point, there's no intent to do it. We'll check into the drainage there also. Any further con~ents? Any comments from the Board? What's the pleasure of %he Board? Mr. McDonald: I move that we keep the hearing open. Mr. Ward: Is there a second? Mr. Latham: I'll second that. Mr. McDonald: Any discussion? I only made that motion so that we could discuss it. We could proceed on the basis of our original assumption to close it and hope that we're done in time to have a resolution on it within the 62 day limit, or bold it open. Can we get it done in 62 days? If we can, we can close it. Mr. Ward: I don't know what would hold it up at this point. Mr. McDonald: Alright, I'll withdraw my motion, and make a motion to close the hearing. Mr. Latham: Second. Mr. Ward: OK, motion seconded to close the hearing. All in favor? Ayes: Mr. McDonald, Mr. Latham, ~Mr. Edwards, ~. Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: Note that I abstain for reasons previously given. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings Mr. Ward: Alice J. Dart - This proposal is to set off a 62,315 square foot parcel from an existing 18.894 acre parcel located on Main Bayview Rd. in Southold. SCTM~ 1000-78--1~-~0.19. What's the pleasure of the Board? Southold To~n Planning Board 4 September 12, 1994 Mr Latham: Mr. Chairman, I move that the Southold Town Planning Board set Monday, October 3, 1994 at 7:30 p.m. for a final public hearing on the maps dated M~y 12, 1994. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald~ Mr. Imtham, Mr. Edwards, Mr. Orlo~ski, Mr. Ward. Mr Ward: Opposed? Motion carried. Sketch Determinations: Mr. Ward: Bayv~ew - South Harbor Limited PartnershiR - This minor subdivlson is for 2 lots on 17.55 acres located on the east side of South Harbor Rd. and the wes~ side of Main Bayview Rd. in Southold. SCTM~ ]000-75-4-22.1. What's the pleasure of the Board? Mr. Orlowski: I make a motion to rescind the Planning Board's August 22, 1994 resolution pertaining to sketch approval of the Bayview-Sou%~ Harbor Limited Partnership. Resolutions in r~gard to starting lead agency coordination process and accepting the standard yield map have not been rescinded and are still valid. Mr. Ward: Is there a second? Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. E~ards, Mr. 0rlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Is there a further resolution? Mr. Orlowski: I make a motion that ~hereas a conservation easement totaling 12.589 acrs in area (3.2149 acres on Lot 1 and 9.3741 acres on Lot 2), has been presented as part of the minor subdivision proposal; be it resolved to grant sketch approval on the map dated September 7, 1994, with the following condition: 1. There shall be no further subdivision of Lot Number 1 in perpetuity. Mr. Ward: Is there a second? Mr. Latham: I'll second that. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ed~ards, Mr. Orlo~ski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southold Town Planning Board 5 September ].2, ].994 MAJOR AN MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS -- STATE ENVIRONMENTAL QUALITY REVI~ ACT Lead Agency Coordination: Mr. Ward: James and Mary Ann Abbott -- This lot line change is to subtract 4,440 square feet from a 35,890 square foot lot and add it to a 27,750 square foot lot. SCTM~ 1000-126-5-2 & 3. What's the pleasure of the Board? Mr. Orlowski: I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the lead agency coordination process on this Type 1 action. This is a Type 1 action because because the property is located on Peconic Bay, a critical environmental area (CEA). Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposd? Motion carried. SITE PLANS -- STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Ward: Vincent GeraQhty:- This site plan is for the construction of a 4,800 square foot boat sales service and office buildinj with outdoor boat display area, in Arshamomaque. SCTM~ 1000--56-4-13.3, 13.4 & ]4. I believe the applicant is here? Dave Yudelson: The attorney for the applicant, Dave Yudelson. We submitted a letter on Friday requesting that consideration be postponed while we make amendraants to the proposed site plan and finalize a written submission to accompany. Mr. Ward: OK, so we'll be looking for seeing a re-submission, which would mean another environmental review... Mr. Yudelson: Right. We believe that we can address some of the concerns that have been stated. Mr. Ward: So, we'll hold on that. Mr. Yudelson: If it pleases the Board, if we could...after we submit, start the clock ticking again at that point, whether it's complete or not, you'll make your decision and we can ask that it be brought back for consideration. Mr. Ward: After we see the submission, we'll get back to you on that. Mr. Yudelson: OK, thank you. Southold Town Planning Board 6 September 12, ~994 Mr. Ward: Petrol Stations - This site plan is to rer~Dve and relocate existing driveway and reconfigure parking area on a 5.8 acre site located on Rt. 25 in Cutchogue. SCTM~ 1000--109-l-~23. Is the applicant here? Ura~ Talgat: Samuels and Steelman Architects. I represent Petrol Stations and basically we've been waiting for a determination on this project. Last month we came here waiting for something, but at the last moment there was a glitch with, I think with the Building Inspector. The Building Inspector basically didn't want to sign off on it - certify it - and he gave us reasons of square footage of lot area and number of uses on the property. We worked that out. We took out our variance from the Zoning Board of Appeals so we could move ahead with this. And right now, last minute again (today), he's coming up with other reasons for stopping us, basically from proceeding. The reasons that he's given I believe have to do with the number of uses, again. What is office, what is residence, etc. It seems to be that there is somebody, or someone, some body of government wanting to stop this and basically we've been trying to satisfy the Planning Board. You came up to us a couple of times and said that you need to do these changes, and we complied, and here we are again tonight and nothing has happened. I wish the Planning Board would t~e the bull by the horns and do something about it, that's one. Second of all, we're not intensifying the use. I think~nat we have to remember what we're trying to do here which is just a parking area and a driveway, and that's all. It has nothing to do with the back parcel, what we'r going to do or if we're going to do anything with the back parcel, it's just a parking area and I think that's what we should keep in the back of our minds when we decide what to do about this. Thank you. Mr. Ward: Thank you. We will be discussing this and holding it open until October 3, and by then we hope to have the determination from the Building Inspector. We understand your problem and we were hoping we'd have it for tonight, but we don't. Is there anyone else that would like to address the Board on this particular project? Mary Lou Folts: Yes I would, please. I'm Mary Lou Folts with the office of Richard Lark, and on behalf of Barbara Harris who owns the adjoining property to the west of the Petrol Stations property. Mrs. Harris strenuously objects to the Planning Board approving this proposed partial site plan, submitted to you by Samuels and Steelman on behalf of Petrol. What I'll be handing up to you is a letter specifyingMrs. Harris' concerns and objections and I ask that you review these and seriously consider them before making any final determination on what is before you, the partial site plan. Attached to this letter ~is a transcript of the Zoning Board of Appeals meeting held on October 18, 1993, at which Mrs. Harris and Mr. Lark beth spoke in connection with Petrol's application for an area variance. I understand this variance has been withdrawn, but it would be helpful I think for the Board to read the transcript of how Mrs. Harris explained the history of the uses of the property and then Mr. Lark tracing the zoning of the property to show at what points the uses - legal, illegal.- became non-conforming when back it would have required special exceptions. I think if you look at that as a package, you'll understand where Mrs. Harris is coming from and that without a special exception for the uses on this property, the Planning Board should not even be considering approval of this partial site plan. If the Planning Board proceeds and approves the partial site plan, Mrs. Harris is going to have no choice but to seek her legal remedies for the illegal actions of Southold Town Planning Board 7 September 12, 1994 the Planning Board. The Town Attorney, I think, will tell you that if you do something knowing it to be illegal that you could be held personally liable for that. So on behalf of Mrs. Harris, I do request the Planning Board not to approve this partial site plan of Petrol Stations and not to give speclal eonsideration to the plan as prepared by Samuels and Steelman, Architects and tenants of the property. I respectfully submit that the Planning Board should not consider the application until all the illegalities surrounding the use of the property are properly addressed and taken care of by Petrol Stations or its agents. And I think that's what the Building Inspector is presently looking into so we would llke it if you would put this in obeyance, pending looking into that further. Mr. Talgat: We'd like a copy of that so we can also review it. One other point I'd like to make. I believe at date, and I'm not sure of this, that our architectural office went through site plan approval. The Building Inspector had to review all the buildings on the site and I believe at the tin~ there was a real estate office there because our drawings did show it. We applied for our architectural office and there was also an apartment abo~e that. He certified it at that point in time, and why is it being held up now? Mr. Ward: I'm not the Building Inspector. We'll hopefully find out this week. Mary I~u Folts: I'd just like to hand Mr. Talgat a copy of this letter. I don't have an extra copy of the transcript, but it is on file at the Board of Appeals office. Mr. Ward: Anyone else like to address the Board on Petrol Stations? If not this will be on the calendar for October 3. Any other business that would like to come before the Board at this time? We will be adjourning into a worksession and you certainly are welcome to join us for that. Anyone on the Board like to have anythin~ on the public record? James Spiess: I represent Mr. Charles Sin~nons. Mr. Simmons has a subdivision that's pending...actually approved. My purpose for being here this evening is to follow up on. his request for a reconsideration for the firewell requirement (inaudible). I've reviewed the file and was not involved with the original application. I've had several conversations with Ms. Spiro about this and I understand that in 1989 the Board of Fire Cormnissioners recommended a firewell and Mr. Simmons requested reconsideration of that in early June by letter to the Planning Board - I believe it was June 7. _The Planning Board then sent that letter to the fire district for their comments or recommendations, and approximately one month later the Board of Fire Commissioners adopted the resolution that said they would no longer make recommendation~ for minor subdivisions and referred the matter back to the Planning Board. I believe they specifically addressed Mr. Simmons situation. Where it stands at thi~ point we don't know. Mr. Ward: The only record we have is from the recommendation from the fire district to put the firewell in, I believe this Board would probably stand by that recommendation. Mr. Spiess: Even with the subsequent resolution that was made... Southold Town Planning Board 8 September 12, 1994 Mr. Ward: Well, they're telling us that they're not going to review minors at this point but that's something between us and them. But they're in the record right now that there is a need for a firewell there. Mr. Spiess: I did not see any criteria that ,~as used in viewing the file, to make that determination. Ail I saw was Commissioner Lessard's statement that a well was recommended. I've spoken with the fire district and have not been able to get a definitiv~ answer one way or another as to whether they think a well is required up there. We know that there is an irrigation well just south of the proposed firwell location. Mr. Ward: Well they obviously, in ]989 or whenever we did receive the letter, that the commissioners felt at that time there should be a firewell. Mr. Spiess: I understand that, but what I'm asking is was there any criteria that was in the record for making that determination back then. I didn't find any. Mr. Ward: I'm not sure. It's their call in terms of need. We rely on their expertise to determine whether one is needed or not. Mr. Spiess: And the procedure now that they're basically taking a back seat to that, they're leaving it up to you for reconsideration, that you are just going to fall back on the 1989 statement? Mr. Ward: Yes, at this time I think we would. Mr. Spiess: Thank you. Mr. Ward: Anyone else like to address the Board this evening in public session you're welcome to do so, or you can -wait for our informal worksession, whichever you would like. If there's no further business before the Board... Mr. Latham: I move we adjourn. Mr. Orlowski: Second. Mr. Ward: There's a move to adjourn and seconded. Ail in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. There being no further business to come before the Board, the meeting adjourned at 7:50 p.m. Richard G. Ward, Chairman Respectfully submitted, Secretary