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HomeMy WebLinkAboutPB-10/24/1994PLANNING 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 Present were: Absent: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES Richard O. Ward, Chairman O. Ritchie Latham Bennett Orlowski, Jr. Kenneth Edwards Valerie Scopaz, Town Planner Meliss8 Spiro, Planner Robert O. Kassner, Site Plan Reviewer Martha A. Jones, Secretary Mark McDonald Mr. Ward: Good evening, I'd like to call the October 24, 1994 Southold Town Planning Board meeting to orderl The first order of business is the setting of the next Planning Board meeting. Board to set Monday, November 14, 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. Mr. Latham: Move it. Mr. Edwards: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr Ward: Opposed? Motion carried. Public Hearings Mr. Ward: 7:30 p.m. Bayview/South Harbor Limited Partnership - This minor subdivision is for 2 lots on 17.55 acres located on the east side of South Southold Town Planning Board 2 October 24, 1994 Harbor Rd and the west side of Main Bayview Rd in Southold. SCTM# 1000-75-4-22.1. Is the applicant here, and would like to address the Board? Tim Caufield: Tim Caufield with Peconic Land Trust and I'm here on behalf of Michael Croteau and the Bayview South Harbor Limited Partnership. Here on behalf and in support of the project, I believe the only thing that the Planning Board has been waiting for is the Park and Recreation fee which I have and can submit today. And other than that, if there are any other questions, we're hoping to get final approval tonight. So, I'd just like to submit this. (Submitted $2000 Park and Playground fee). Mr. Ward: Anybody else like to address the Board tonight on this project? If not, what's the pleasure of the Board? Mr. Orlowski: I make a motion to close the hearing. Mr. Edwards: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: I also make a motion to adopt the October 6, 1994 Suffolk County Planning Commission report. Mr. Edwards: Second. Mr. Ward: Motion seconded. Al in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr.'Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: I also make a motion WHEREAS, Bawiew South Harbor Limited Partnership is the owner of the property known and designated as SCTM# 1000-75-4-22.1, located on the east side of South Harbor Road and the west side of Main Bawiew Road in Southold; and WHEREAS, this proposed minor subdiwsion, to be known as Baywew South Harbor Limited Partnership, is for 2 lots on 17,5473 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 October 3, 1994; and Southold Town Planning Board 3 October 24, 1994 WHEREAS, the applicant has granted a conservation easement to the Peconic Land Trust on approximately 12 acres of the property which shall remain in its open, undeveloped and scenic state; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 24, 1994; 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 approve and authorize the Chairman to endorse the fina surveys dated September 26, 1994. Mr. Edwards; Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. (Chairman endorsed surveys) Mr. Ward: 7:35 p.m. 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. Is the applicant here this evening? Gall Wickham: Good evening. I'm here on behalf of the applicant. I'd just like to speak in favor of the application and that we're straightening out a lot line that (inaudible) divides the two properties which have been separate for many, many years. If you have any questions I could answer? Mr. Ward: Anybody else here this evening that would like to address the Board on this application, public hearing? If not, all is in order to close the hearing. Mr. Orlowski: So moved. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward Mr. Ward: Opposed? Motion carried. We're also in order for a motion for the project. Southolcl Town Planning Board 4 October 24, 1994 Mr. Orlowski: I make a motion that WHEREAS, James and Mary Ann Abbott and J. McOuone Abbott are the owners of the property known and designated as $CTM# I000-'126-5-2 & 3, located on Peconic Bay Blvd in Mattituck; and WHEREAS, this lot line change is to subtract 4,440 square feet from a 35,890 square foot parcel anc~ add it to a 27,750 square foot parcel; 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 October 24, 1994; anc~ WHEREAS, a variance was granted by the Zoning Board of Appeals on September 7, 1994; and WHEREAS, a final public hearing was closed on said lot Pine change application at Town Hall, Southold, New York on October 24, 1994; 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 June 25, 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 1. The filing of new deeds pertaining to the merger of the 4,440 square feet from the 35,890 square foot parcel SCTM# 1000-126-5-2 with the 27,750 square foot parcel SCTM# 1000-126-5-3 Mr. Edwards: Second the motion Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowsld, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Kassner: Mr. Chairman, just a procedural matter, Ithink the Negative Declaration resolution should have been voted on before the final approval. Mr. Ward: Which one? Mr. Kassner: The one that's crossed out here. Mr. Ward: On Abbott? Southold Town Planning Board 5 October 24, 1994 Mr. Kassner: Yes. Mr. Ward: We hadn't done that previously? Mr. Kassner: No, it was on tonight I don't know who crossed it out. Ms. Jones: I did. Mr. Ward: We'vejust got it out of order? Mr. Kassner: Yes, Jt comes later. Mr. Ward: OK, as long as we do it tonight. Mr. Orlowski: I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, established itself as lead agency, and as lead agency makes a determination of non- significance and grants a Negative Declaration. Mr. Edwards: Second. Mr. Ward: This is regarding the James and Mary Ann Abbott change of square footage. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. Ward: 7:40 p.m. Henry L. Kin.q & Mar.qaret G. Kinq and Susanna yon der Schulenbur.q - This lot line change is to subtract 0.75 acres from a 4.21 acre parcel and add it to a 3.24 acre parcel located on Fishers Island. SCTM# 1000-5-2-10.8 and 10.9. Is the applicant or representative here this evening? If not, is there any comment from the Board? Mr, Edwards: I make a motion to close the hearing. Mr. Latham: Second. Mr. Ward: OK, motion presented and seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Edwards: I also entertain a motion that WHEREAS, Susanna von der Schulenburg and Henry L, King and Margaret King are the owners of the property known and designated as SCTM# 1000-5-2-10.8 & 10.9 located on Oriental Ave. on Fishers Island; and Southold Town Planning Board 6 October 24, 1994 WHEREAS, this lot line change is to subtract 0.75 acres from a 4.21 acre parcel and add it to a 3.24 acre parcel; and WHEREAS, the Soutt~old 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 August 22, 1994; and WHEREAS, a final public hearing was closed on said lot line change application at Town Hall, Southold, New York on October 24, 1994; 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 July 5, 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 0.75 acres from the 4.21 acre parcel SCTM# 1000-5-2-10.9 with the 3.24 acre parcel SCTM# 1000-5-2-10.8. Mr. Latham Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Major and Minor Subdivisions, Lot Line Changes and Set Off Applications Final Determinations Mr, Ward: An,qel Shores - This major subdivision is for 49 lots on 92,74 acres located off Main Bayview Rd. in Southold SCTM# 1000-88-6-I, 4 and 5 I see the agent for the applicant is here. We have a couple of things just to maybe address which could clear up some rhetoric here tonight before we start, If you could just come up here for a second, Mr. Moore. What our intent is on this easement, is to do that, which is in the spirit of this line, which would leave this on [inaudible). OK? The other item ~s we'll leave this as it is Anything else? Mr. Moore: I think that's it. Mr. Ward: Does the applicant have anyth ng he would like to say at this time? Southold Town Planning Board 7 October 24, 1994 Mr. Moore: Nothing, thank you. Mr. Ward: Is there anybody else here this evening that would like to address the Board on this particular subdivision of Angel Shores? If not, all is in order to do a couple of things tonight. One is I'd like to present a resolution to adopt the Engineering Inspector's repor~ dated August 22, 1994, with the following notation The cost estimate for the water system has been included in the bond estimate for the subdivision. Be it further resolved to adopt the bond estimate in the amount of $944,049.00 and to recommend same to the Town Board. The bond estimate includes the following: 1. The August 22, 1994 bond estimate prepared by James Richter in the amount of $833,450.00 2. The bond estimate included in the September 27, 1994 letter from the Suffolk County Water Authority in the amount of $66,499.00. The cost for the tapping fees for the installation of service lines from the water main to the property line. One (I) inch service lines have been re- quired at a cost of S900.O0 each. The total cost for the 49 lots is $44,100.00. The required administration fee has been calculated on the bond estimate prepared by James Richter. The administration fee is for a total amount of $50,007.00. Mr. Orlowski: I'll second that. Mr. Ward: Motion seconded. Al in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried I'd like to also submit the following resolution WHEREAS, Theodore M and Angela K. Laoudis are the owners of the property known and designated as SCTM# 1000-88-6-4, 5 and 13.1, located on the south side of Main Bayview Road in Southold; and WHEREAS, this prooosed clustered major subdivision, to be know as Angel Shores, is for 49 lots on 92.74 acres; and WHEREAS, the entire parcel is located within the Agricultural- Conservation (A-C) District, however, part of the subdivision (a ~ proximately 40 acres) was determined to be grandfathered to the Low-Density Residential R-40 District; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 6d 7, adopted a Findings Statement on October 21, 1991 for the proposed subdivision; and $outholct Town Planning Board 8 October 24, '1994 WHEREAS, the find maps are n accordance with the mitigation measures contained in the Findings Statement; and WHEREAS, a Declaration of Covenants and Restrictions has been submitted which is in accordance with the mitigation measures contained in the Findings Statement; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 22, 1994; and WHEREAS, all of the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the subdivision surveys dated August 2, 1994, Sheets I, 2 and 3, and the Improvements Plans dated April 29, 1994, Sheets 1-10, All conditions must be met within six (6) months of the date of this resolution. I The final subdivision maps must be rewsed to include the following: A twenty-five (25) foot wide conservation easement along Little Peconic Bay Lane to the westerly intersection of the twenty- five (25) foot conservation easement along Cedar Point West Lane; B. The location of the common driveway for Lots 42, 43 and 44; The fifty (50) foot wide right-of-way that is located within the park area The architectural entrance way has not been drawn to scale. It must be noted on the drawing of the entrance way that its scale and location are subject to approval from the Highway Superintendent and the Building Department prior to construction. Six (6) sets of the final subdivision map and Two (2) sets of the mylar maps must be submitted, all maps must contain the following: A. The revisions noted in Number I and Number 2 above; B. A valid stamp of approval from the Health Department; C. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. This notation must include the Iiber and page number of the filed document. Item number 3 of the Engineering Inspector's report dated August 22, 1994, must be addressed. In addition, it must be noted on the final improvement plan that if the roads and drainage systems are to be dedicated to the Town, fencing will be required at both recharge basins. Six (6) copies of the final Improvement Plans must be submitted. Southold Town Planning Board 9 October 24, 1994 The Homeowners Association documents must be consistent with all Planning Board conditions and must be recorded for the roads, drainage areas, park area and open space areas in a form acceptable to the Planning Board and Town Attorney. The Homeowners Association must be incorporated prior to any endorsement of the final subdivision ma p. The Performance Guarantee in the amount of $944,049.00 must be submitted in a form acceptable to the Town Board. 7. The inspection fee in the amount of S50,007.00 must be paid. The subdivision plan shows one (I) fire well and four (4) hydrants. Although the hydrants have been located in accordance with Health Department requirements and have not been proposed for fire protection purposes, the location of such must be coorainated with and approved by the Southold Fire Commissioners. A copy of the recorded Declaration of Covenants and Restrictions required by the Planning Board must be submitted. 10. A copy of the recorded Declaration of Covenants and Restrictions required by the Suffolk County Health Department must be sub mitred. 11. A copy of the executed contract with a public water authority for the water supply site and the water supply system must be submitted. The contract must stipulate that the water supply system and supply site will be constructed in accordance with specifications acceptable to the public water supplier, and that the supply system and supply site will be owned, operated and maintained by the public water supplier. Mr. Orlowski: I11 second it. Mr. Ward: The motion's been seconded. All in favor? Ayes: M-r. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Moore: Thank you. Mr. Ward: Thank you, Melissa. Southold Town Planning Board l0 October 24, 1994 Final Extensions Mr. Ward: Steve and Donna Dzu,qas-Smith - This proposal is to set off a 0.73 acre parcel from an existing 29.042 acre parcel located on the south west corner of County Road 48 and Tucker Lane in Southold. SCTM# 1000- 59-10-6.1 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 April 18, 1994. The ninew day extension will expire on January 18, 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. Ward. Mr. Ward: Opposed? Motion carried. Sketch Determinations Mr. Ward: Rockcove Estates - This major subdivision is for 23 lots on 28.315 acres located on the north side of Middle Road (County Road 48) approximately 500 feet west of McCann Lane in Greenport. SCTM# 1000- 33-3-19. What's the pleasure of the Board? Mr. Orlowski: I make a motion that the Southold Town Planning Board start the lead agency coordination process on this unlistec~ action. Mr. Edwards: Second Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowsld, Mr.~Latham, Mr. Edwards, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. Orlowski: I also make a motion that WHEREAS, the Southold Town Planning Board has accepted the Standard/Yield map dated July 11, 1994, showing a total of 23 lots for the purposes of determining density for the proposed subdivision; BE IT RESOLVED that the Southold Town Planning Board grant sketch approval on the sketch plan dated July 11, 1994, with the following conditions: Southold Town Planning Board 11 October 24, 1994 A pedestrian access way shall be designed between proposed lots 2 and 3 (utilizing the existing access to the beach where possible) to allow the homeowners of the subdivision access to the beach In addition, the beach area, from the toe of the bluff north, shall be owned by the Homeowner's Association. The access way and the area to be owneo by the Homeowner's Association must be shown on the preliminary map. The improvements required to connect Inlet Pond Road with the road layout for the subdivision shall be included in the bond estimate for the subdivision and shall be constructed by the subdivider. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Howard Young: Just for the record I just want to note that I was here, and if we can supply any additional information...have you spoken to Ken about that? I thank you Bond Determinations Mr. Ward: Conrad Ba.qenski - 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. Edwards: Mr. Chairman, move that we adopt the bond estimate dated as revised September 29, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of S22,975.00, with an administration fee in the amount of S1,378.50. Mr. Ward: Is there a second? Mr. Latham: Second the motion Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Southold Town Plan ning Board 12 October 24, 1994 Major and Minor Subdivisions, Lot Line Changes, Set Off Applications - State Environmental Quality Review Act Lead Agency Coordination Mr. Ward: Edward and Vir,qinia Thorp - 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. Mr. Latham: I move that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the lead agency coordination process on this Type I action. Mr. Ward: Is there a second? Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowsld, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Site Plans - State Environmenta' Quality Review Act Lead Agency Coordination Mr. Ward: Osprey's Dominion Vineyard & Winery - This site plan is to convert two existing buildings to a winery, on Main Road in Peconic. SCTM# 1000- 75-I-20. 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 leac~ agency coordination process on this unlisted action. Mr. Latham: Second the motion Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried 'Mr. Ward: Peconic Bay Vineyard - This site plan is for the conversion of an existing residence to a restaurant, on Rt. 25 in Cutchogue. SCTM# 1000- 103-I-19.2. We have before us tonight a determination for possible . . Southold Town Planning Board '13 October 24, 1994 rescinding of Peconic Bay Vineyards. The Board has listened to the comments from the applicant on this particular project and is at this point is in somewhat of an agreement with them that to have them backtrack at this point for something that we should have caught in a sketch phase or early on in this project would not be proper. But res[ assured the Planning Board is very serious about if a further site plan should come before this Board for any expansion or anything beyond what's been anticipated, that this connection will be a consideration It's also going to be something that we trust that the owner will look at in perspective of what's going on along there. We expect to have State Highway DOT take a look at an overall condition there. The present applicant before the Town Board on a change of zone has been asked to look at traffic. We're going to be asking he and DOT to look at everything, so we would like to see the current owner cooperate with us, although we will not force it. Are there any other comments from the Board? Mr. Ward: We have some further business before us under Local Law proposals and my suggestion would be that we submit the following resolution that the Planning Board submit it's reports to the Town Board regarding the Local Law in Relation to Bed & BreakfaSt, the Local Law in Relation to Lighting, the Local Law in Relation to Lighting, the Local Law in Relation to Signs, and the Local Law in Relation to Wineries. Is there a second to that motion? Mr. OrtowsKi: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried Is there anybody else that would like to address the Board in the public session? We will be going on to a work session if you'd like to meet then OK, any other business from the Board members? If not, we're in order for a motion to adjourn Mr. Orlowski: So moved. Mr. Latham: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. , ~. Southolct Town Planning Board 14 October 24, 1994 There being no further business to come before the Board, the meeting adjourned at 8:00 p.m. Richard O Ward, Chairman Respectfully submitted, Martha A. Jones Secretary iiECEIVED AND FILED BY THE SOUTHOLD TO~VN CLERK Town Clerk, To~,~n o~ Seutiold