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HomeMy WebLinkAboutPB-07/15/1991PLANNING 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 PLANNING BOARD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 MINUTES JULY 15, 1991 Present were: Bennett Orlowski Jr., Chairman G. Ritchie Latham Richard Ward Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of business is to set Monday, August 12, 1991 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. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next order of business, public hearing at 7:30 p.m. Marion Robins - This minor subdivision is for three lots on 6.039 acres on the northeast corner of Baldwin Place and Little Neck Road located at East Cutchogue. PLANNING BOARD 2 July 15 1991 SCTM ~i000-103-10-2. We have proof of publication in the local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there 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, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll declare this hearing closed. Does the Board have any pleasure on this subdivision? Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS, Ruth Simonson, Gwen Joy, Walter Simonson, Dorothy Powell and Marion Robins, are the owners of the property known and designated as SCTM ~1000-103-10-2, located on the northeast corner of Little Neck Road and Baldwin Place in Cutchogue; and WHEREAS, this minor subdivision, to be known as Minor Subdivision for Marion Robins, is for three lots on 6.039 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 January 18, 1990; and WHEREAS, a final Public hearing was closed on said subdivision application at the Town Hall, Southold, New York on July 15,.1991; 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 dated January 3, 1991, 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. Submission of two additional paper prints of the final map. Both maps must include the Health Department's stamp of approval. 2. Submission of a copy of the Covenants and Restrictions which were filed as a condition of PLANNING BOARD 3 July 15, 1991 Health Department approval. 3. Street trees are to be planted along Little Neck Road in accordance with Section A108-41 of the Town Code. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next order of business at 7:35 p.m. Mark and Lisa Davis - This lot line ~hange is to subtract 11~1--~ feet from a 34,420 parcel and to add it to a 17,636 square foot parcel located at Mattituck. SCTM $1000-126-9-26.3 & 18. Everything is in order for a final hearing. I'll ask if are any objections to this lot line change? Hearing .none, are there any endorsements? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this that would be of interest to the Board? Mr. Henry Raynor: Mr. Chairman, I do not in .an~ way represent the applicant but I know both of these young people and I would like to endorse this Board's affirmation of the proposed lot line change. They are trying to make a hOme here and they are really nice young people. T~ey have been here for several generations. Tanya from Land Use Company: I just want tO let you know that the DEC permit is forth coming and I spoke with the surveyor's and the Davis' have apparently met with the surveyor's and they are doing everything to maximize wetland setbacks per DEC requests so the DEC permit is on its way. Mr. Orlowski: O.K., thank you. Any other comments? Hearing none, any questions from the Board? Board: No comments. Mr. Orlowski: Being there are no questions, I will declare this hearing closed. Does the Board have any pleasure on this? Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, Mark and Lisa Davis and Brady and Kim Ulmet are the owners of the property known and designated as PLANNING BOARD 4 July 15, 1991 % SCTM # 1000-126-9-26.3 & 18, located on a private road north of Peconic Bay Boulevard and east of Bray Avenue in Mattituck; and WHEREAS, this lot-line change, to be known as proposed lot line change for Mark & Lisa Davies and Brady and Kim Ulmet, is for a lot line change addition 13,832 square feet from a 23,288 square foot parcel to a 14,936 square foot parcel; and WHEREAS, THE Southold Town Planning Hoard, pursuant to the State Environmental Quality Review Act, (Article 8),' Part 617, declared itself Lead Agency and issued a Negative Declaration on May 13, 1991; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on July 15, 1991; and WHER~AS, 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 dated September 4, 1990, and authorize the Chairman to endorse the final surveys subject to fulfillment for the following conditions: I. Department of Environmental Conservation permit for freshwater wetlands. Revised maps showing the location of the undisturbed natural vegetative buffer, between the flagged wetlands and the limits of construction. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orldwski. Mr. Orlowski: OpPosed? So ordered. Hearings Held Over From Previous Meetings: Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for two lots on 3.748 acres located on the east side of Cox Neck Lane in Mattituck. SCTM $1000-113-8-5. Since this is an PLANNING BOARD 5 July 15, 1991 article 78 proceeding against this application, I'll entertain a motion to keep the hearing open. Mr. Ward: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion. made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. McDonald. Mr. Orlowski: Opposed? So moved. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Sketch Determinations: Mr. Orlowski: Barry S. Savits - This minor subdivision is for three lots on 12.4 acres ~ocated on the east side of Sound View Avenue; 932 feet north of Mill Lane in Peconic. SCTM ~ 1000-68~4-16.t. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southotd Town Planning Board grant sketch approval on the map dated June 24, 1991 with the following conditions. All conditions are to be noted on the final maps. A seventy-five (75) foot buffer area must be shown adjacent to the wetland area. No vegetation shall be destroyed, cut, or removed, except as required for disease control, within the buffer area. There shall be no construction of any kind within the buffer area. The dwelling unit on lot three shall be located in a manner so that construction of this unit and any accessory structures such as a tennis court, swimming pool, garage, etc., shall not necessitate intrusion into the buffer area. There shall be no further subdivision of any lots in perpetuity. Mr. Ward: Second. PLANNING BOARD 6 July 15, 1991 % Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in'favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: William and Viola DeLuca - This minor subdivision is for two lots on 107,526 square feet located at the northwest corner of Naugles Drive and Luthers Road in Mattituck. SCTM $1000-99-2-18. Mr. Ward: Mr4 Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated July 16, 1989 and submitted on January 24, 1991. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Sketch Extensions: Mr. Orlowski: Dennis Corby - This major subdivision is for eight lots on 29.11 acres located on the northeast corner of Middle Road and Depot Lane in Cutchogue. SCTM ~ 1000-96-1-1. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board grant a six (6) month extension of sketch approval from June 25, i991 to December 25, 1991. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. McDonald, Mr. Ward, Mr. Latham. PLANNING BOARD 7 July 15, 1991 % Mr. Orlowski: Opposed? So ordered. 9ir. Orlowski: Michael & Claire Glew - This set-off is on a 9.192 acre parcel located on the north side of Main Road on a private road known as Mill Path; approximately 800 feet east of Bay Home Road in Southold. SCTM ~1000-56-t-4.1. Mr. Latham: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from July 26 199t to January 26, 1992. ' Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Review of Reports: Suffolk County Planning Commission Mr. Orlowski: Conrad Bagenski, Jr. - This minor subdivision is for three lots on 6.212 acres, located on the north side of Main Road; 1332.92 feet east of Elijah's Lane in Cutchogue. SCTM %1000-108-3-9. Mr. Charles Cuddy: If I may address the Board on this. I appreciate your holding this matter over. On May 2, 1991, the Suffolk County Department of Planning sent the approval with five conditions, proposed conditions to the Board. I had asked originally, when I first appeared for the Board to reconsider number three and four. I don't know if everybody has a copy, I can read those if you don't, but I also would like to point out that number two, which is access to lot number one, I don't think they mean lot number one, I think they mean lot number three. Mr. Orlowski: Yes, that was a typo. Mr. Cuddy: You go to lot five, they made another typo because they typed lot number three and I think they mean lot number one. I don't have a problem with that but I think they should be properly inserted. I did have a problem with numbers three PLANNING BOARD 8 July 15, 1991 and four. He talks about clearing and grading and also talks ~hout minimizing storm water runoff. Stormwater runoff is addressed in number one and clearing and grading, I point out this is a three lot subdivision, there is a house on one of the lots so we are talking about two lots. Some of the lots, or a portion is wooded. Some portion isn't wooded but to tell them exactly what kind of house and where they can build it is, I think, going a little bit overboard. They're going to clear and grade some of the property. They are going to leave some of it wooded. To tell them that they can. clear and grade just enough to site a house I think is much more then needs to be done. Secondly, the Department of Planning asked for a short radius curve, this road is already there° I don't see any reason for a radius curve because there are other roads in the area and they all meet at perpendicular angles. I would point out to the Board that we will de what is necessary but this again seems that they are asking more than we should have to do. Therefore, I would ask that number two and five be amended to show the proper lot and number three and four be disapproved. Thank you. Mr. Orlowski: Does the Board have any comments? On number five you said that only one dwelling unit shall be allowed on lot number three. Mr. Cuddy: Yes, I think that lot number three is the lot closest to the road and that already has a house on it. I think they must have meant lot number one which is a service road. Mr. McDonald: They meant three. Mr. Orlowski: They meanE three because you already have a residency° (A lot of discussion.) Mr. Orlowski: On lot one, I think the intent of this clearing and grading is because of the sloped area on lot one. Could you put a building envelope on lot one for us? Mr. Cuddy: We can put a building envelope, but I read this as simply as telling somebody another restriction on putting up a house. It says just necessary for siting and constructing a house. (Inaudible) Mr. Orlowski: In the conditional negative declaration we talked about the slope on lot one and considered a building envelope on that lot. Could you live with that instead of condition three? (A lot of discussion.) Mr. McDonald: How heavily wooded are the lots now? PLANNING BOARD 9 July 15, 1991 Mr. Cuddy: Lot number one is heavily wooded, I would say covering more than half. Lot number two is also, to the east side is substantially wooded. Again, I don't have any problem with saving some of the trees, I just don't want to say to whoever is building the house that that is all they can have. Effectively, a log cabin in the woods, I don't think that that was the intention. Hopefully, that wasn't the County's intention either. If you would like us to show you on the map an envelope for each house, I don't have a problem doing that either. I prefer to do that then the way it sits right now so that you are satisfied. Mr. Ward: Well, that may mitigate the problem with lot number three. Mr. Orlowski: With a building envelope? Would that be alrightwith the rest of the Board? How about number four the radius curve. Mr. Ward: Our policy is to require those radius's. We will probably require them. Mr. Cuddy: I didn't notice that there was any other road that exits near by. I thought it was just a recent policy. Mr. Orlowski: Well, I guess that we never followed up on those that were approved and should have had them. Mr. Cuddy:' That's not devastating, it seems to'me that we could substitute certainly for number three to show a (inaudible). Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED to adopt the May 2, 1991, Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): Number 1: Is to remain as written~ The Planning Board will be requiring a road with adequate drainage structures built to Town standards to access the proposed lots. Number 2: Shall be amended as follows: Assess to Lot No. 3 shall be from the proposed road at a maximum distance north of Main State Road. This will help the safety and traffic carrying capacity of the State Road. Number 3: Building envelopes to be shown on all lots. PLANNING BOARD 10 July 15, 1991 Number 4 & 5 Are to remain as written. Numbers 1, 2, & 5 must be presented in a Declaration of Covenants and Restrictions in proper legal form. The conditions of the June 4, 1991 Conditional Negative Declaration must also be included in the Declaration of Covenants and Restrictions. Number 4 must be shown on the final map. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion. All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr° McDonald, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineering Mr. Orlowski: West Mill Road (formerly Paul Friedberq) - This major subdivision is for ten lots on 22.106 acre located on the west side of West Mill Road in Mattituck. SCTM % 1000-106-9-4. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED to adopt the engineer's report dated June 27, 1991 with the following amendments: Comment %6: The Planning Board will not be requiring a temporary cul-de-sac. HOwever, the Board will be requiring that the driveways for Lots 8 and 9 be situated in such a manner as to provide a turnaround area for emergency vehicles. The driveways, including the turnaround area, must be shown on the final map. Comment %9: There is one existing street light on West Mill Road. Therefore, the Planning Board will be requiring one street light for this project at the intersection of West Mill Road and the northernmost road. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, PLANNING BOARD 11 July 15, 1991 Mr. I~cDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Bond Detez~inations: Mr. Orlowski: Cornfields - This major subdivision is for ten lots on 20.995 acres located on the east side of ~oung's Avenue; approxLmately 500 feet north of Middle Road (C.R. 48) in Southold. SCTM ~ 1000-55-2-9.1. Mr. Edwards: _Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the bond estimate dated as revised April 30, 1991, and to recommend same to the Town Board. The bond estimate is in the amount of $144,170.00, with an inspection fee in the amount of $8,650.00. This bond estimate takes the place of the estimate adopted by the Planning Board on March 11, 1991. Mr. Latham: Second. Mr. McDonald: Mr. Chairman, may I ask a question? I am a little confused, why is this bond estimate being changed. Mro Orlowski: They took out the water main. They wrote it wrong, we don't put the water main's in because Greenport does that and they pay them. Mr. McDonald: O,K.. Mr° Orlowski: Motion made and seconded~ Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. FiAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Process: Mr. Orlowski: William and Viola DeLuca - SCTM $ 1000-99-2-18. PLANNING BOARD 12 July 15~ 1991 Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS Final Determinations: Mr. Orlowski: Jesse Jackson/Bayside Delicatessen - This proposed site plan is to change the use of an existing building from an auto parts retail store to a delicatessen. The building is on a 24,028 square foot parcel, located in Southold. SCTM ~ 1000-61-2-8o Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS, Jesse Jackson is the owner of the property known and designated as Site Plan for Jesse Jackson/Bayside Delicatessen SCTM ~1000-61-2-8, located at 54195 Main Road, Southold; and WHEREAS, a formal application for the approval of this site plan was submitted on January 31, 1991; 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 24, 1991; and WHEREAS, this site plan was certified by Victor Lessard, Principal Building Inspector on June 25, 1991; and WHEREAS, all the requirements of the Site Plan 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 site plan dated June 20, 1991, PLANNING BOARD 13 July 15, 1991 and authorize the Chairman to endorse the final site plan subject to the submission of a revised site plan showing: 1. Three (3) planters placed between the sidewalks and the Main Road. 2. A gate placed adjacent to the front of the building between the building and the east property line. 3. Landscaping placed along the west side of the building. The two parking spaces located on the west side of the building (designated as spaces 8 & 9) are waived by the Planning Board and should not be shown on the final map. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Warren Sandback: I represent Jesse Jackson. Jesse Jackson has no objections to the fence gate on the East side in front of the right-of-way. However, it would be subject to removal if not approved by the Southold Historical Society. Mr. McDonald: That's their property? Mr. Sandback: It is Jackson's property but it is a right-a-way for the Historical Society. Mr. McDonald: We're talking about a gate, we're not talking about a fence. Mr. Sandback: A gate, that could be removed in case the Southold Historical Society doesn't want it. Mr. McDonald: How about open? Just a gate but open? Mr. San~back: Alright, we can put the gate in and swing it open against the building and lock it in the open position. That would be alright. Mr. Ward: Maybe, they can have a key for it. Mr. Sandback: They haven't given us any approval yet so we don't know. Mr. McDonald: If it's a problem, bring it back in. Mr. Latham: Does anyone use it now. PLANNING BOARD 14 July 15, 1991 Mr. McDonald: There's a right-of-way in there so rather than have potential traffic driving through there. Mr. Ward: The society uses it. Mr. McDonald: But why? Mr. Ward: They park behind the building. Mr. Orlowski: So that driveway is on their property. Mr, McDonald: It's on Mr. Jackson's property. The idea was that he didn't want people just driving through there. He's pointing out that they have a right-of-way if they want to exercise it. There is no way that they can stop it. Mr. Orlowski: If there is a problem you can come back. I don't think anybody got arrested for leaving the gate open. Mr. Sandback: Alright, thank you, Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mro Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Being I have nothing left on my agenda, are there any questions or comments from anyone in the audience? Hearing none, I'll entertain a motion to adjourn. Mr. McDonald: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So moved. Being there was no further business to come before the Board, th, meeting was adjuuz~=u RECEIVED AND FILED BY THE SOUTHOLD TOWN CI.~.~( DATE ~-~/- ~/ HOUR Town Clerk, Town of Southold ~0 p.m.. Re~ctful~ubmitted, J~ne Rousseau, Secretary PLANNI~NG BOARD 15 Bennett Orl6w~ki ~Jr. , Chair~h / July 15, 1991