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HomeMy WebLinkAboutPB-12/14/1992PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWIq PLANNING BOARD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 MINUTES DECEMBER 14, 1992 Present were: Bennett Orlowski Jr., Chaizman G. Ritchie Latham Kenneth Edwards Matt Kiernan, Town Attorney Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Absent: Richard Ward Mark McDonald Mr. Orlowski: Good evening, I would like to call this meeting to order. Board to set Monday, January 11, 1993 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board Meeting. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in. favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PUBLIC HEARINGS · SO~3~HOLD TOWN PLANNING BOARD 2 DECEMBER 14, 1992 Subdivisions - Preliminary: Mr. Orlowski: 7:30 Bayberry Estates - This major subdivision is for eighteen lots on 50.'0171 acres located on the west side of Laurel Avenue; i40 feet so~th of Yennecott Drive in Southotd. SCTM ~1000-55-6-35 & 36 & 56-1-1. We have proof of publication in the local papers and at this time everything is in order for a preliminary hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Mr. Donald Rattaliata: 1770 Motor Parkway, Hauppauge, NY. I am the attorney for the applicant and we have Mr. Young here, the engineer, if you have any questions. Mr. Orlowski: Any other endorsements of this subdivision.? Hearing none, is anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the Board. Hearing none, does the Board have any questions? Board: No questions. Mr. Orlowski: Being there are no further questions, before we close this I will entertain a motion to adopt the Engineering Inspector's Report. Mr. Young: Before you do that I have a couple of comments regarding the Engineering Report. I have no drastic problems with the Engineering Reports but I thought I would ask what that meant when you adopted it. Some of this stuff I am sure we can work out but I can't agree with some of these conclusions and I would like an opportunity to discuss these with your Highway Department or your Engineer. The scale and things like that, certainly it was written in the code, we have been using scales that are more proper than the things that are written in your code. I think the scale suggesta~lhere distorts the perspective of the profile and I think you can find in most textbooks that that is a poor choice but if you want them that way we can do those things. Some other little things about test holes we would like to work out with your Highway Department. Mr. Orlowski: I believe you talked about fencing. Mr. Young: I believe the Planning Board guided away from recharge basins if we wanted to look at other alternatives but if you are going to require a standard fenced recharge basin certainly we will design the standard. We have plenty of room in the open space to do whatever you wish. I think we were doing something that was probably environmentally more sound th~n a recharge basin. We bo have some, in this particular subdivision, a unique case with all of this clay and deposits that we certainly after adopting this report recludes us from seeking the right answers. SOUTHOLD TOWN PLANNING BOARD 3 DECEMBER 14, 1992 Mr Orlowski: Not in the preliminary stage. Mr Young: Most of these things are technical in nature and we waILt to design something that doesn't cause any problems. Ms Scopaz: Maybe instead of complying with the re~ort we can sa~ subject to working out details to make it less of a compliance thing and more what he is saying, let's sit down and WO] awl Mr re~ fei re] th~ ~k out things. I do think he is right, we are trying to get Ly from recharge basins and we could work that out. Young: It seems like Mr. Richter, I have heard, doesn't lly, leaves some of the things up to you whether you want a ce, recharge basin or that type of thing, t think he is ~orting what is in the code and I am certain that the things Lt he says are in the code are in the code. Orlowski: Well we have some discretionary powers. Mr~ Young: If you relay that to me then I will try to work out the final points. There are things here that I don't think make goOd engineering sense, the extra catch basin is 35~ feet, there isno engineering basis to those things, we design things that way so the gutter flow exceeds The gutter depth, then I think we should put in an extra catch basin. Anyway, those technical things I will work out with you or with him or however you want to do it. Mr. Orlowski: O.K., we will hold that report because we are two members short tonight'. Mr. Edwards: Mr. Chairman, I would like to entertain a motion that the Planning Board adopt the Engineering Report subject to discussion with the applicant's engineer and the members of the Board and Town Attorney. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latbam, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Being there is no further discussion, I will entertain a motion to close this hearing. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski. SOUTHOLDTO~N PLANNING BOARD 4 DECEMBER 14, 1992 Mr. Orlowski: Oppose~? So ordered. Mr. Edwards: Mr. Chairman, I would like to entertain a motion. RESOLVED that the Southotd Towr~ Planning Board grant preliminary approval on the maps dated October 22, 1992, fo~ the major subdivision of Bayberry Estates subject to the Engineer's Inspector's Report and discussion with the applicant, engineer and Planning Board. Mr. Latham: Second.. Mr. Orlowski: Motion made and seconded. Any ~destions on the motion? Ail those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:35 p~m. HighpointWoods aka MarionWoods- This major subdivision is f'or ten lots on 20.5668 acres located on the north side of Main Road in East Marion. SCTM 91000-22-3-5 & 31-4-15.1 & 31-4-15.2. This is held over from the previous meeting. We just received maps here, I am two members short. Does anybody have any co~m~ents while this is still open. Mr. Danowski: I have a few comments. I recognize we just dropped off the maps today but I. would like to comment and I also requested at the last hearing and requesting again tonight that you overri~e the recommendation from the County Planning Commission. As you know, we have suggested and provided you with a roughed up cop~ of the plan at the last meeting where the hearing was kept open until tonight's meeting. We've no~ taken that rough co~rf a~ddrawna new plan. We've also incorporated in the new plan Some suggestions made by Mr. Richter, who reviews the engineering. Specifically, we have replaced the leaching pools with the. pending area and once again for aesthetic reasons we would prefer and would think that this Board would concur that the pending area as depicted on the new map be the method in ,which to control d~ainage. So, the technical questions thatMr. Young referred to Mr. Abruzzo and I discussed very brieflywith Mr. Richtertoday at the Planning Board Office things like trying to retain 100% ofthe rainfall on site. Well, technically some rainfall is lost to evaporation and other methods so a reasonable standard as I understand it from the firm Young and Young would be that 90% would be the right figure to put in the engineering t!rpe of report. So, to the extent that the regulations may require certain things, we understand that Mr. Richter will point out to your Board that perhaps the plan as sub~itted doesn't comply with your standards or your regulations.. But, as you know, you SOUTHOLD TOWN PLANNING BOARD 5 DECEMBER 14, 1992 as a Board have a right to waive your own regulations or override them. You can do one of two things, you can get the Town Board to pass new regulations but since that isn't going to be done i~La,ediately, or maybe not in the future, the only alternative would be to specifically override the recommendations in this so called report f~om your Engineering Department. So, we would ask you rather than accepting the Engineering Report as what we have mandated to do that yOU override to the extent as depicted in the new plan. For instance, there were three comments contained in the letter from the Office of the Engineer from November t3th. One of them was concerning the width of the road. There was a twenty four foot wide road width. The comment made was that Mr. Jacobs would like to recommend a minimum of twent~ eight or in the alternative that we sign a covenant that we would call for no on street parking. The clients wanted to go along with the covenant but no on street parking so we would like the recommendation through the Engine_ring Department to not mandate us to do twenty-eight feet so, I want to make sure that if this Board is going to' act on this letter of November 13th, that you clearly spell out that we don't have to do twenty-eight feet. Quite frankly, in a larger subdivision maybe it was in order but this is a small number of lots and I don~t think parking is a problem. I don't even think the covenant's necessary on roughly one acre size lots. I think the people that go to somebodies house on a acre of land, have plenty of room to park. If it was fifty lots maybe you have a bigger argume~ut, But, however, the client is willing to sign the covenant with regard to the drainage collection, we pointed out that we cannot collect 100% of the drainage thing so, to the extent that our drainage calculations have been provided to this Board and that our drainage as shown on our maps comply with the reasonable Engineering standards, we would ask you again to just override that paragraph to the e~Lent of showing 90% collection. Then again, Mr. Young touched upon the fact of the scale of the map to the extent that Mr. Richter correctly pointed out your regulation, I would ask you to override that to the extent of waiving that particular section and allow us to use the scale that has been shown° t believe, I am correct in saying that I spoke to Mr. Richter and he didn't have any problem reading the map that was presented to him and that is on a scale different that what the regulation states. A bigger issue I guess, is the question of the large lot. The new map, you will notice, because it provides the drainage ponding area behind the first lot necessarily has to move the rest of the lots back toward the rear of the subdivision and extend the road a little bit. Therefore, I am asking for an override of the County Planning Commission Report which is recoiLs,ending shortening the road. We can't get to ~he nin~ lot without moving it further down the road so we have had to extend the road a little bit. But clearly, our biggest conscription of time S~UTHOLD TOWN PLANNING BOARD 6 DECEMBER 14, 1992 the last meeting took place with regard to the issue of the ownerShip question of a large lot. We are in favor of a large lot and we have asked this Board to consider this cluster map with restrictions and covenants. We forwarded to you a copy of the covenants and restrictions and we clearly had indicated on the new map as we did. in rough form with my own yellow marking last time a seventy-five natttral retention buffer around the entire large lot which is an extension of the ~u~fer that contains in the back of all the front lots and we are also willing to say no structures outside the building envelope and again, that has ctea~lybeen depicted on the new map. So, we are preserving the idea of this la~ge lot; it will not be built upon with the exception of the small limited building envelope and we are asking this Board to override the County Planning Commission Report that recommends a Homeowner's Association. We are again saying, we do not want to form a Homeowners ~ssociation. We are requesting large lots. With that said, unless M~. Young or Mr. Abruzzo who are both in attendance want to make any further comment or Mr. Israel if he wants to make any further co~m~ent. I would just ask you to close the hearing and override the Planning Con~r~ssion, override those particular paragraph's with regard to the report fr~m your employee about the engineering and approve the map as now submitted without requiring us to do a Homeowner's Association. Mr. Edwards: Mr. Chairman, we don't have enough people to override. Mr. Danowski: That I recognize but I think we can close the hearing with my comments because I am always afraid to keep the hearings open. It almost makes me go to the next meeting, butwe'll close the hearing tonight but we car~t make a ~ecision tonight so we'll adjourn it to the next meeting. At least if we close it, at the next meeting hopefully if you have a majority plus one you can override the County Planning Commission and you can also pay attention to the paragraphs in the Engineers Report. Mr. oriowski: Well, we can't really do an!rthing, we can close the hearing if the Board would like to. I don't hame a problem with that. We have fort~ five days and if you feel comfortable in that short time, if we want any chan~es we would be able to make those changes. It would be subject to. Mr. Danowski: I would just like to always have n~- word on convincing the Board. I understand that perhaps Mr. McDonald is supportive of the idea of a Homeowner's Association but I am not and neither is my client. Mr. Orlowski: Does anyone else have any co~ents they would like to make? SOUTHOLD TOWN PLANNING BOARD 7 DECEMBER 14, '1992 M~. Edwards: Mr. Latham: Mr. Ortowski: Mr. Edwards: Mr. Chairman, I would like to entertain a motion that we close the hearing and take into consideration that counselor's comments with the rest of the Board. Mr. Latham: Secend. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ondered. Hearing Held Over From Previous Meetings: Mr. Orlowski: Hillcrest Estates, Section 2 - This major subdivision is for twenty lots on 22.9 acres located in Orient. SCTM ~ 1000-13-2-8.2. Does anyone have any comments on tkis while it is still open. I think we'll have to make a motion to keep this one open. So moved. Second. Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for two lots on 3.743 acres located on the east side of Cox Neck Road in MattituCk. SCTM 91000-113-8-5. This is being held open from October 1990. It is at the Zoning~ Board of Appeals and we still as yet have not heard anythin9 fr~m the Zoning Board of AppealS so, I will entertain a motion to keep this hearing open unless someone has some comment. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Latham, Mr. Edwa~ds~ Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SOUTHOLD TOWN PLANNING BOARD 8 DECEMBER 14, 1992 MAJOR kND MINOR SUBDIVISIONS, LOT LI~IE CHAN~ES AND SE~ OFF APPLICATIONS Preliminary Extensions Mr. Orlowski: Briarcliff Acres - This major subdivision is for seventeen lots on 35.7022 acres located on the north side o~ Main Road (S.R. 25) off Maple Avenue in Southold. SCTM $1000-75-2-8 & 9. I would like to make a motion. RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from December' 29, 1992 to June 29, 1993. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ryes: Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: FrancisGreenberqer - This major subdivision is for four lots on 15.581 acres located on the north side of Eugene's Road; 381.54 feet west of Bay Avenue in Cutchogue. SCTM $1000-97-3-18.1. Mr. Edwards: I would like to entertain a motion. RESOLVED that the Southold Town Plannin~ Board set January 11, 1993 at 7:30 p.m. for a finalpublic hearin~ on the maps dated January 27, 1992. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered.. Settin9 of Preliminary Hearings: SOUTHOLD TOWN PLANNING BOARD 9 DECEMBER 14, 1992 Mr. Orlowski: Harbor Park Homes - This major subdivision is for five lots on 9.04 acres located on the east side of Harbor Lane; 675 feet south of Main Road in Cutcho~ue. SCTM ~1000-97-6-17; 1-3-1-20.5 & 20.6. Mr. Edwards: Mr. Chairm~n, I would like to make a motion. RESOLVED that the Southold Town Planning Board set Monday, January 11, 1992 at 7:55 p.m. for a preliminary public hearing on the maps dated September 22, 1992. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on this motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ortowski. Mr. Orlowski: I just want it noted for the record that I voted in favor. Harbor Park Homes is a family member but since this is an administerial vote I will vote on it because both Mr. Ward and Mr. McDonald have bccn in favor of it and this will just set a hearing. I will not vote or take pa£t in any discussion or anything else in this. Mr. Orlowski: Opposed? So ordered~ Sketch Determinations Mr. Orlowski: Harvest Homes Estates Section Two - This major subdivision is for twelve lots on 14.9 acres located on Oaklawn Avenue and Wells Avenue in Southold. SCTM ~1000-70-3-22. Mr. Latham: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant sketch approval on the maps dated November 4, 1992. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orl°Wski. Mr. Orlowski: Opposed? So ordered. Review of Reports: Sufiolk County Planning Commission. Mr. Orlowski: HighpointWoods a/k/a Marion Woods SOUTHOLD TOWN P~NING BOARD i0 DECEMBER 14, 1992 SCTM $1000-22-3-5 & 31-4-15.1 & 31-4-15~2 We held these over. ***************************************** Engineering Reports: Mr. Orlowski: Bayberry Estates SCTM $1000-55-6-35 & 36 & 56-1-1, We've done that. Mr. Orlowski: Harvest Homes Estates - SCTM ~1000-70-3-22. I would like to make a motion. RESOLVED that the Southold Town Planning Board a~,_~_ot the December 14. 1992 Engineering Inspector's Report. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mro Edwards, Mr~ Or!owski~ Mr. Ortowski: Opposed? $o ordered. **************************************** Mr~ Orlowski: ~ighpoint Woods ada Marion Woods ~1000-22-3-5 ~ ~!-4-15~i S 3!-6-15.2. %~e~re holding ~hi~ over. Bond Determ~inati~ns Mr. Orlowski: Hs~o~r Park Homes - SCTM ~1000-9~-6-17 & 103- -1-20~5 & We don~t have the ~,otes for this one and i will abstain from voting~ MAJOR ~_ND~MINOR S~rBDIV!SIONS~ LOT_ Li~ CHk%~GES~ $~T_ OFF APPLICATIONS STATE EArVIRO~IMENTAL QUALITY_ P~EVIEW Lead Agency _~<~cess SOU~OLD TOWN Pr~AArNING BOARD !i DEC ~Ebr_~_ER 14, 1992 ~r~ Latbam: Second. Mr~ Orlowski: Motion made and seconded. ~y questions on the motion? All those in favor? Ayes: Mr. Latb~%m, Mr. Edwards~ ~. Or!owski~ Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Arthur and Mariar~ormite - This lot line change is to subtract 2,322 square feet from a 6,935 square foot parcel and add it to a 7,500 square foot parcel, and to subtract 4,613 square feet from the same 6,935 square foot parcel and add it to a 10~648 square foot parcel, thus creating two parcels from three parcels. Mr. Edwards: Mr. Chairman, I would like to make a motion. RRSOLYED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the lead agency coordination p~ocess on this ~bype % action. Mr. Latham~ Second. Mr. Orlowski: Motion made and seconded. Any~u~estions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS Final Determinations ~r. Or!owski: Cellular One d/b/a ~!etro One - _~ais proposed site plan is to erect a 10D' (t02') monopole and platform b_~ld~ adjacent to an existin9 724 square foot concrete block ,,~ *=~ on a !.g48 acre lot in the Lim. ited Business district, located on the west side of Elijah's Lane, 299 feet north of S.R. 25 in Mattituck. SC_~M $!000-108-4-11.3. Mr. Edwards: Mr. Chairman, t would like to make a motion. RESOLVED that the Southold Town Planning Board, acting under t_he State Environmental ~gality Review Act, make a determination of non-significance~ and grant a Negative Declaration. SOUTHOLD TOWN PLANNING BOARD 12 DECEM~ER 14, 1992 Mr. Or!owski: Mr. Edwards: motion. Mr. La~hmm: Second ~ Mr. Orlowski: Motion made and seconded. Any questions on the motion. Ail those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards. Opposed? So ordered. Mr. Chairman, I would like to make a further WHEREAS, William Baxter, Jr. is the o,~er of the property known and designated as Cellular Telephone Co. d/b/a Metro One SCTM ~100~-1~8-4-I1.3, located at Route 25 and Elijah's Lane, Mattituck; and WHEREAS, a formal application for the approval of thiS site plan was completed on September 30, 1992; 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 December 14, 1992; and WHEREAS, an interpretation and variance were granted by the Zoning Board of Appeals on August 18, 1992; and WHEREAS, all the requirements of the Site Plan 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 final survey last revised on October 19, 1992, subject to Certification by the Principal Building Inspector. This condition must be met within six {6) months of the date of tb~s resolution. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Peter Jacques - This site plan is for .a custu~ sign shop and storage in two existin9 buildings on 19,857 square feet, located, on Route 25 in Mattituck. SCTM ~t000-114-t1-12. ' SOUTHOLD TOWN PLANNI~G BOARD 13 DECEMBER 14, 1992 WHEREAS, Peter Jacques is the owner of the property known and designated az North Fork Sign Co., Inc. SCTM 91000-1t4-11-12, located at Route 25, Mattituck; ar~ ~XqEREAS, a formal application for the approval of this site plan was submitted on May 9, 1992; 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 June 8, 1992; and W~EREAS, all the requirements of the Site Plan Regulation of the Town of Southold have bccn met; Be It Therefore RESOLVED, that the Southold Town Planning grant conditional final approval on the final survey last revised on October 5, 1992, s~bject to curb cu% permit from the New York State Department of Transportation. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on that motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ortowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Or!owski: Cellular One d/b/a Metro One - SCTM $1000-105-4-11.2 Already done. APPROVAL OF PI_J~NNING BOARD MINUTES Mr. Orlowski: Board to approve the June 29, 1992 and August 17, 1992 minutes. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. motion? All those in favor? Any questions on the ' SOUTHOLD TOWN PLANNING BOARD 14 DECEMBER 14~ 1992 .Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So moved. Being there are no further ~destions or comments, I will entertain a motion to adjourn. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconde~. All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ortowski. Mr. Orlowski: Opposed? So ordered. Richard G. Ward, Chairman Res~ectfully submitted, J~ne Rousseau, Secretary