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