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HomeMy WebLinkAboutPB-03/01/1993PLANNING BOARD MEMBERS R/chard G. Ward. Chairman George R/tchie Latham. Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L, Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD MINUTES MkRCH 1,~1993 SCUrf L. HARRIS S~pervlsor Town Hal], 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax {516) 765- 1823 Present were: Absent: Richard Ward,'Chairman Bennett Orlow~ki Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Jane Rousseau, Secretary G. Richie Latham Holly Perrone Mr. Ward: Good evening, I wQuld like to Call this meeting to order. Set Monday, March 22~ 1993 at 7:30 p.m. at the Southold Town Hall, Main Road, Southo~d as the time and place for the next regular Planning Board Meeting. Those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. McDonald, Mr. Ward. Mr. Ward: Motion carried. PUBLIC HEARINGS Subdivisions - Final: 7:30 p.m. Fred L. Terry Estate - This minor subdivision is a clustered subdivision of two lots on 33 acres located on the south side of Main Road, 2678 feet east of Narrow River Road in Orient. SCTM $1000-19-1-8. Is there anyone present that would have an objection to this subdivision? Is there anyone here that is in favor of this subdivision? Pete Danowski: I'm represeDYcing the Terry family and obviously I am in support of the application. You are well SOUTHOLD TOWN PLANNING BOARD 2 MARCH 1, 1993 aware of this split off of one lot for Mr. Terry to deed out to his daughter that lives in the existing homs on site. The one where the agricultural buildings surround the house that have been included in the lot and we have put a note on the map and given you a filed covenant in regard to the amount of acreage that is to be subtracted from Section Two, Lot Two in the future. Mr. Ward: Thank you. Are there any others out there that have any comments regarding this subdivision? If not, what is the pleasure of the Board. Mr. McDonald: Mr. Chairman, I would like to make a motion to close the hearing. Mr. Orlowski: Second. Mr. Ward: Motion made and seconded. Ail those in favor? Ayes: Mr. McDonald, Mr. Ortowski, Mr. Edwards, Mr. Ward. Mr. Ward: Motion carried. Mr. McDonald: Mr. Chairman, I would like to make a further motion. WHEREAS, Fred L. Terry is the owner of the property known and designated as SCTM $1000-19-1-8, located at tha south side of Main Road, 2,678 feet east of Narrow River Road in Orient; and WHEREAS, this cluster subdivision, to be known as Minor Subdivision, Section 1 for Fred L. Terry, EState, is for two lots on 47.554 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 March 6, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on March 1, 1993; 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 grant conditional final approval on the surveys datedNovember 10, 1992, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. SOUTHOLD TOWN PLANNING BOARD 3 MARCH 1, 1993 1. Submission of a copy of the recorded Declaration of Covenants and Restrictions, and notation of the Liber and Page number of the recorded Declaration on the final plans (2 mylars and 5 paper prints). Submission of a deed (for the newly created Lot 2) which notes that Lot #2 contains 33,000 square feet of the clustered open space for Section One, Lot No.1 of the subdivision. In addition, please note that the building envelope shown for Lot No. 1 excludes an existing greenhouse and part of an existing shed. These structures should have been included within the building envelope for the lot. This omission is noted for the record, however, the Planning Board is not requiring that the map be amended to show this. Mr. Edwards: Second. Mr. Ward: Ail in favor? Mr. Danowski: May I interrupt just for a second? Mr. Danowski: When Mr. McDonald read that and the question ~bout deeding to myself, I think I had raised once before. think we had resolved that by saying we all Clearly understand that I am filing and recording a covenant saying_that section two, lot two, if it ever does become subdivided will have to loose the square footage that has been used up for lot one. But, it makes no sense to deed to myself, Mr. Terry owns it and I don't know what the County Clerk will look at when he sees this deed, Mr. Terry to Mr. Terry with the next described subdivision will definitely deed out lot one from Mr. Terry to Mary Ellen Stevens, the daughter. But, the reference of the resolution now moving on I think should say, should delete out the requirement of Mr. Terry deeding to himself lot two. It never made much sense whenit was first disc~msed before this Board and I think it has been over looked in preparing the resolution tonight. That requirement I thought, would not be necessary and my thought for that was that you certainly wanted to protect in the future section two, lot two and the subtraction of acreage and have a recorded covenant and I agree to that and we've got the forms signed and we will record it and bring it back. But as far as requiring me to deed Mr. Terry's land to himself again doesn't create anything. Mr. McDonald: You will have to help me. create two new lots where there is one. described some how or another. You are going to It will have to be Mr. Danowski: Yes, you have got on file with yourself, the subdivision map which contains section one and section two. The County Clerk will have recorded and filed section one of that SOUTHOLD TOWN PLANNING BOARD 4 MARCH 1, 1993 map. Section one, lot one, it is the whole section and they will also have a recorded covenant which says, t~e minor subdivision has been created, there is a section two and on that section two, we have used up so many square feet of land. That will be a recorded covenant, recorded with reference to a described area or section but it is not a deed that is all I am saying. MSo Scopaz: Would that be attached to the deed? Mr. Danowski: We can do anything you want. It is going to be a recorded covenant that covers your conditions. It is just that you recited that we were going to prepare a deed to lot two, that the large tract of land, that would make no sense. Once we subtract out lot number one, what is left is section two,call it lot two. Mr. McDonald: O.K., you are going to record a covenant and restriction, file it with the liber and page number? Mr. Danowski: Yes. Mr. McDonald: That is all we need then. Mr. Danowski: Yes, right. Mr. McDonald: Any disagreements? I amend the statement to reflect my resolution to reflect that condition. Number two is eliminated. Mr. McDonald: Amended and seconded. All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Ward: Opposed? Motion carried. Mr. Danowski: Thank you and good evening. I appreciate you doing that tonight. Hearings Held Over From Previous Meetings: Mr. Ward: Hillcrest Estates~ Section 2 - This major subdivision is for 20 lots on 22,9 acres located in Orient. SCTM $100013-2-8.2. Mr. McDonald: I move that we hold this open. Mr. Orlowski: Second. Mr. Ward: Ail those in favor? Ayes: Mr. Orlowski, Mr. McDonald, Mr. Edwards, Mr. Ward. SOUTHOLD TOWN PLANNING BOARD 5 MARC~ 1, 1993 Mr. Ward: Opposed? Motion carried. Mr. Ward: 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 ~1000-113-8-5. Mr. Edwards: Mr. Chairman, I move that we hold this open. Mr. McDonald: Second. Mr. Ward: All those in favor? Ayes: Mr. Edwards, Mr. ~cDonald, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND ~INOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Re-endorsement Mr. Ward: Wild Oats - This major subdivision is for six lots on 14.734 acres located on the northwesterly corner of Indian Neck Lane and Leslie's Road at Peconic. SCTM ~1000-86-4-6. Mr. Orlowski: I would like to make a motion. RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated April 27, 1989 subject to receipt of five (5) paper copies and two (2) mylars of same. Mr. Edwards: Second. Mr. Ward: All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. McDonald, Mr. Ward. Mr. Ward: Opposed? Motion carried. Final Extensions: Mr. Ward: Summit Estates~ Section 1 - Section 1 of this major subdivision is for ten lots on 17.5036 acres located on the southwest corner of Main Road (NYS 25) and Shipyard Lane in East Marion. SOUTHOLD TOWN PLANNING BOARD 6 MARCH 1, 1993 SCTM ~1000-35-8-5.3. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant a 90 day extension of conditional final approval of Section 1, from March 8, 1993 to June 8, 1993. Conditional final approval was granted on June 8, 1992. Please note that this is the last extension of conditional final approval that will be granted. Mr. Edwards: Second. Mr. Ward: Motion seconded. All those in favor? Ayes: ~Mr. Ward, Mr. Orlowski, Mr. Edwards, Mr. McDonald. Mr. Ward: Opposed? Motion carried. Preliminary Extensions: Mr. Ward: Petrol Stations Ltd. - This major subdivision is for four lots of 5.836 acres located on Main Road, 264.57 feet west of Alvah's Lane in Cutchogue. SCTM ~1000-109-1-23. Mr. Orlowski: Mr Chairman, I would like tomake a motion. RESOLVED that the Southold Town Planning Board grant a six month extension of conditional preliminary approval from March 14, 1993 to September 14, 1993. Conditional preliminary approval was granted on September 14, 1992. Mr. McDonald: Second. Mr. Ward: All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Ward: Opposed? Motion carried. Mr. Ward: Tide Group ( North Fork Industrial Park) - This major subdivision is for eight lots on 29.11 acres located on the northeast corner of Middle Road and Depot Lane in the LIO District in Cutchogue. SCTM ~1000-96-1-1. Mr. Edwards: Mr. Chairman, I would like to make a motion. SOUTHOLD TOWN PLANNING BOARD 7 MARCH 1, 1993 RESOLVED that the Southold Town Planning Boardgrant a retroactive extension of preliminary approval from August 24, 1993 to February 24r 1993. Preliminary aPProval was granted on February 24, 1992. Mr. Orlowski: Second. Mr. Ward: Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Willow Run (Paul Matthews) - This major subdivision is for 34 lots on 70 acres located on the north side of Mill Road; 852 feet east of Reeve Road, and on the south side of Soundview Avenue in Mattituck. SCTM $1000-100-2-1. Mr. Orlowski: I would like to make a motion. RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from February 21, 1993 to July 21, 1993 on the maps for the major subdivision of Willow Run: Willow Run, Section 1 plat dated May 11, 1992, and the map titled Preliminary Lot Configuration for Paul Matthews plat dated April 30, 1992. Preliminary approval was granted on July 21~ 1992. Mr. Edwards: Second. Mr. Ward: M~tion seconded. Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ortowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Setting of Final Hearings: Mr. Ward: Nicholas Aliano - This major subdivision is for nine'iots on 16.83 acres located on the south side of C.R. 48 in Peconic. SCTM $1000-74-4-4. Mr. Edwards: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board set Monday, March 22, 1993 at 7:30 p.m. for a final public hearing on the maps dated September 24, 1991. SOUTHOLD TOWN PLANNING BOARD 8 MARC~ 1, 1993 Mr. Orlowski: Second. Mr. Ward: Motion seconded. Ail those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. McDonaLd, Mr. Ward. Mro Ward: Opposed? Motion carried. Mr. Ward: John Petrocelli & Joan - This minor subdivision is for two lots on 9.8 acres located on the east sideof Paradise Point Road in Southold. SCTM ~1000-81-3-19.5. Mr. Edwards: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board set Monday, March 22, 1992 at 7:35 p.m. for a final p~hlic hearing on the maps dated January 7, 1993. Mr. McDonald: Second. Mr. Ward: Motion seconded. All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Thomas Shalvey - This proposal is to set off a 1.837 acre parcel from a 21.781 acre parcel located on the southeast corner of Middle Road and Bridge Lane in Cutchogue. SCTM #1000-84-2-2. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board set Monday, March 22, 1993 at 7:40 p.m. for a final public hearing on the maps dated January 19, 1993. Mr. Edwards: Second. Mr. Ward: Motion seconded. All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Ward, Mr. McDonald. Mr. Ward: Opposed? Motion carried. Mr. Ward: Janet T. Swanson and Marion D. Fitzsi~ons This proposed Lot-Line change is to subtract 4,600 square feet SOUTHOLD TOWN PLANNING BOARD 9 MARCH 1, 1993 from a 33.06 acre parcel and add it to a 72,131 square foot parcel in Orient. SCTM ~1000-14-2-17.5 and 100-15-3-1. Mr. Orlowski: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review on this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance and grant a Negative Declaration. Mr. McDonald: Second. Mr. Orlowski: Motion seconded. All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Ward: Opposed? So carried. Mr. Orlowski: I would like to make a further motion. RESOLVED that the Southold Town Planning Board set Monday, March 22, 1993 at 7:45 p.m. for a final public hearing on the maps dated January 5, 1993. Mr. McDonald: Second. Mr. Ward: Motion seconded. All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Ward, Mr. Edwards. Mr. Ward: Opposed? Motion carried. Sketch Determinations: Mr. Ward: Andrew Cassidy & Sons - This proposal is to set off a 4.51 acre parcel from an existing 62.5829 acre parcel located on the west side of Main Road and the south side of Albertson's Lane in Greenport. The 4.5131 acre parcel is located in the LI District and the remainder of the property is zoned R80. SCTM ~1000-52-5-59o3 and 59.4. Mr. McDonald: Mr. Cba~rman, I would like to make a motion. RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type I action. Mr. Edwards: Second. SOUTHOLD TOWN PLANNING BOARD 10 MARCH 1, 1993 Mr. Ward: Motion seconded. Ail those in favor? Ayes: Mr. Edward~, M~. McDonald, Mr. Orlowski, Mr. Ward. Mr. Ward: Qpposed? Motion carried. Mr. McDonald: Mr. Chairman, I would like to make a further motion. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated January 20, 1993. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All those in favor? Ayes: Mr. Ward, Mr. Orlo_wski, Mr. McDonald, Mr. Edwards. Mr. Ward: Opposed? Motion carried. Bond Determinations: Mr. Ward: Southold Villas - Planning Board to review bond reduction request for Phaset. SCTM $1000-70-1-6. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED to recommend to the Town Board that the $358,000.00 Letter of Credit submitted bY Peconic Properties Management Corporation for roads and improvements in the Southold villas, Phase I Affordable Housing Project be reduced to include the items listed below, at a total of $15,350.00. These items are also included inthe January 27, 1993 report from James A. Richter, Engineering Inspector. Mr. Orlowski: Second. Mr. Ward: Ail those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards Mr. Ward: Opposed? Motion carried. Mr. Ward: S~m~it Estates - Section I. Mr. McDonald: Could we skip over this one? We are waiting for a response from the applicant. SOUTHOLD TOWN PLANNING BOARD 11 MARCH 1, 1993 Mr. Ward: O.K., we will hold this open until the next meeting, until the applicant can respond. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Ward: Andrew Cassidy and Sons - SCTM ~1000-52-5-59.3 and 59.4. We already did this one. Uncoordinated Reviews: Mr. Ward: Janet T. Swanson and Marion D. Fitzsi~m~ons - SCTM 91000-15-2-17.5 and 15.3-1. This was done already. Determinations: Mr. Ward: John S. McGeeney and Edward F. Rodenbach - This proposed Lot-Line change is to subtract 11485 square feet from a 65,966 square foot parcel and add it to a 20,482 square foot parcel. SCTM $1000-6-2-5 and 6. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED 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 on this Type I action. Mr. McDonald: Second. Mr. Ward: Ail those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Ward: Opposed? Motion carried. Approval of Planning Board Minutes Mr. Ward: Board to approve the December 14, 1992 minutes. SOUTHOLD TOWN PLANNING BOARD 12 MARCH 1, 1993 Mr. Orlowski: So moved. Mr. McDonald: Second. Mr. Ward: Ail those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Ward: Opposed? Motion carried. Mr. Ward: Proposed legislation to amend income and Price Guidelines for the Affordable Housing District program of the Zoning Code to reflect the Consumer Price Index for 1991. Does the Board have any comments on that before we send a letter to the Town Board? Mr. McDonald: I have two comments. The upper price limits of this are now getting extremely high. I mean, don't get me wrong, $102,000 dollars is not some phenomenal amount for a house by any means, but in an affordable category it raises certain questions in my mind. Secondly, it is approximately $55,000 dollar maximum cap, is the income level where people may be able to enter into the open market place and I am fearful of this program being in competition with the market place rather than trying to fulfill a niche which the market place presently doesn't address. Mr. Ward: Is the Board presently in concurrence? Mr. Orlowski: Yes, I think that since the AHD Law was put into effect we have kind of outgrown it, $102,000 dollars is not an affordable house nor is $682.00 dollars a month rent an affordable rent. I think that we should send over our recommendation that the AHD qualifications and price recommendations, and as a matter of fact the whole piece of legislation, should be revamped to address the affordable market. I think, we are way over it right now. Mr. Ward: Any other comments? Mr. Edwards: No, I agree and I think it is time for a review. Mro Ward: I think we will let the record state that all the Planning Board Members agree with these comments and we will forward this to the Town Board. Mr. Ward: Any other q~estions? Is there ~nybody from the audience that would like to address the Board? Being there was no further business to come before the Board, the meeting was adjourned at 7:45 p.m.. SOUTHOLD TOWN PLANNING BOARD 13 MARCH 1, 1993 Respectfully submitted, ~~ ~ ~ Jane Rousseau, Secretary Richard Ward, Chairman