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HomeMy WebLinkAboutPB-06/04/1990APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765~1823 Telephone (516) 765-1800 TOWN PLANNING BOARD JUNE ~ 1990 MINUTES ?resent were: Bennett Orlowski, Jr., Chairman Richard Ward G. Richi~ Latham Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone Jane Rousseau Absent: Ken Edwards - Due to weather. Mr. Orlowski: Good Evening, I would like to call this meeting to order. First order of business is 7:30 p.m. Baxter Sound Estates - This minor subdivision is for two lots on 5.022 acres located on the north side of Oregon Road; 1100 feet west of Bridge Lane at Cutchogue. SCTM $1000-72-2-2.1 & 3. Mr. Orlowski: We have proof of publication in both local papers and everything is in order at this time for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Karen Hagen of Wickham, Wickham and Bressler - I believe that you have the decision from the Zoning Board of Appeals in your file as well as the DEC permit and also the health department approval as shown on the map and I believe at this time this is ready for an approval. Thank you. Mr. Orlowski: ~ny 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 .!~LANNING BOARD 2 JUNE 4, 1990 interest to the board? Hearing none, any questions from the board? Mr. Ward: I guess we will have to keep this hearing open until we have a resolution from the Town Board to reduce the road specifications. We will petition them and then get back to the applicant. Mr. Latham: No Mr. McDonald: I was wondering if you know that the driveway cuts across your lot number, well they are not numbered, but the larger lot of the two. Is there a right-of-way, do they have a right-of-way, over that lot? Ms. Hagen: Are you talking about the middle lot, the Galver lot? Mr. McDonald: Yes. Ms. Hagen: Yes, there is a right-of-way agreement. Mr. McDonald: A right-of-way agreement on their present driveway or over what is shown on this map? Ms. Hagen: Over what is shown on the map. If there are any variations that should have been corrected that will be done~ There is no problem. Mr. McDonald: Thank you. Ms. Scopaz: No. Mr. Orlowski: Being there are no further questions, I'll entertain a motion to keep this hearing open because of the right-of-way specifications. 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. Latham, Mro McDonald, Mr. Orlowski. Mr. Ortowski: Opposed? So ordered. Orlowski: Next order of business at 7:35 p.m. Sidney 91mstead~ Jr. & Robert W. Olmsted - This minor subdivision for three lots on 3.3 acres located on the north side of .PLANNING BOARD 3 JUNE 4, 1990 Westphalia Avenue; 123 feet west of County Road 48 at Mattituck. SCTM ~1000-114-7-14. Mr. Orlowski: We have proof of publication in both local papers and at this time everything is in order for a hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Mr. Olmstead: Goc~t evening, I just want to say that we have everything in order. We have our Board of Health approval, we have our DEC approval and we've been through the Zoning Board of Appeals whether or not it is necessary at this point I don't know. I just think we are ready to go and I want to thank the board in educating me in the ways of th% board's workings and I thank you very much ahead of time and I'm ready to go. Mr. Ortowski: O.K., any other endorsements of this subdivision? Hearing none, any questions from the board? Board: No questions. Mr. Ortowski: Being no further questions, I'll entertain a motion to close the hearing. Mr. Ward: I move we close the hearing. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next order of business at 7:40 p,m. is for Pauline W. Ketcham - This lot line change is located on the corner of Hamilton Avenue and Glenwood Road at Cutcho~ae. SCTM ~1000-t37-5-17. Mr. Orlowski: We have proof of publication is both local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this lot line change? Hearing none, are there any endorsements of this lot line change? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: No further questions, I'll entertain a motion to close the hearing. .PLANNING BOARD 4 JUNE 4, 1990 Mr. Aatham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Hearings Held Over From Previous Meetings: Mr. Orlowski: North Forty - This major subdivision is for 13 lots on 30.3565 acres on the south side of Oregon Road; 621 feet west of Deport Lane in Cutchogue. SCTM ~1000-95-4-14.1~ Mr. Orlowski: I think the applicant still wants us to review it and keep the hearing open~. I'll entertain that motion that we keep the hearing open. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: ~r. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So moved. ~AJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS: Final Determinations: Mr. ©rlowski: Wolf Pit Associates - This major subdivision is for thirteen lots on 65+ acres located at-the southwesterly corner of Mill Road and Mill Lane at Mattituck. SCTM ~1000-107-4-21. Mr. McDonald: Mr. Chairman, I would like to make a motion? RESOLVED that the Southold Town Planning Board authorize the chairman to endorse the final surveys dated December i~ 1989 and the final road and drainage plan dated December 1, 1989. Mr. Ward: Second. ~LANNING BOARD 5 JUNE 4, 1990 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) Mr. Orlowski: Next order of business at 7:45 p.m. is the final hearing of Sean M. Delehant¥ - This lot line change is located on Knoliwood Lane at Mattituck. SCTM ~1000-107-1-13,. 14. Mr. Orlowski: We have proof of publication is both local papers. At this time everything is in order for a final hearing on this lot line change. I'll ask if there are any objections? Hearing none, are there any endorsements of this lot line change? Hearing none, any questions from the board? Board: No questions~ Mr. Orlowski: No further questions, I'll entertain a motion to close the hearing. Mr. McDonald: So moved. Mr. Ward: Second. Mro Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Latham: I would like to make a motion. WHEREAS, Sean M. Detehanty and Dorothia M. Delehanty are the owners of the property known and designated as SCTM ~t000-107-1-13 & 14, located at Knollwood Lane, in Mattituck; and WHEREAS, a formal application for the approval of this lot line change was submitted on January 16, 1990; and W~EREAS, 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 August 14, 1989; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on June 4, 1990 at 7:45 p.m.; and ~PLANNING BOARD 6 JUNE 4, 1990 ~EREAS, 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 approve and authorize the Chairman to endorse the final survey dated May 16, 1989. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps.) Final Determinations: Mr. Orlowski: Anthony and Helen Dris - This minor subdivision is for three lots on 9.6526 acres located on the west side of Breakwater Road; 186.37 feet south of Stanley Road in Mattituck. SCTM ~1000-106-8-20.1. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. WHEREAS, Anthony Dris and Helen Dris are he owners of the property known and designated as SCTM $1000-106-8-20.1, located at the west side of Breakwater Road; 1~6.37 feet south of Stanley Road in Mattituck; and WHEREAS, this minor subdivision, to be known as Anthony Dris and Helen Dris, is for three lots on 9.6526 acres; and WHEREAS, the Southold Town Planp~ng Board, pursuant to the State Envirop~ental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on April 9, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 30, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southotd have been met; and be it therefore, PLANNING BOARD 7 JUNE 4, 1990 RESOLVED, that the Southold Town Planning Board grant conditiOnal final approval on the maps dated January 9, 1989, and authorize theChairman 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 final maps (5 paper prints and 2 mylars) with the following: a. A current stamp of Suffolk County Health Department approval. b. The location of the fire well. Mr. Latham: A notation that a Declaration of Covenants and Restrictions has been filed, including the Liber and Page nu~er. No building permits will be issued until the fire well has been installed by the developer and accepted by the Mattituck Fire Department. seCond. Mr. orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr.~ Orlowski. Mr. Orlowski: Opposed? So ordered. done. Mr. Orlowski: Mr. Sean M. Delehant¥ - Already Setting of Final Hearings: Mr. Orlowski: Thomas MacKenzie~ Ram Realty and Ralph & Ellen Peluso - This minor subdivision of MacKenzie, Ram Realty and Ralph and Ellen Peluso is for four lots on nine acres located at Platt Road in Orient. SCTM 91000-18-6-26. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board set Monday, June 25, 1990 at 7:30 p.m. for a final public hearing on the maps dated June 12, 1986. Mr. Latham: Second. ~PLANNING BOARD ~ JUNE 4 , 1990 Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Sketch Determinations: Mr. Orlowski: Salvatore and Jeanne Catapano - This minor subdivision is for four lots on 13.73 acres located on the easterly side of South Harbor Road at Southold. SCTM ~1000-69-6-9.2. Mr. Orlowski: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated March 26, 1990 with the following conditions: 1. Proof of access for proposed I~0t Number 2 is submitted. A covenant and restriction stating that there will be no further subdivision of Lot Number 3 in perpetuity is submitted. The covenant and restriction will nullify covenant Number 4 of the Declaration of Covenants and Restrictions which was filed on June 24, 1986, for the previous subdivision which created the 13.7 acre parcel currently being subdivided. Mr. Latham: Second. Mr. Catapano: Can I just ask a question? What was made on that first point? Would that be covered by a right- of- way? Mr. McDonald: Just prove there is some access. Mr. Catapano: O.K. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (More discussion later) Sketch Extensions: .PLANNING BOARD 9 JUNE 4, 1990 Mr. Orlowski: James Patrick Kelly - This proposal is to set off a 94,829 square foot lot from a 9.182 acre parcel at Southold. SCTM 1000-56-1-4.1. Mr. Ortowski: I make a motion that the Southold Town Planning Board grant a six month extension of sketch approval from July 26, 1990 to January 26, 1991. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Review of Reports: Mr. Orlowski: Salvatore and Jeanne Catapano - (Continued) Mr. McDonald: This is kind of back tracking but since there is no duplication of Catapano, would a 280A be required for that access from the Zoning Board of Appeals for the right of way to access the lot? Would he need a 280A on that because it is outside the subdivision? Mr. Orlowski: Mr. Catapano: Mr. Orlowski: Do you have that access now? I'm not in full understanding what a 288A is? Well, do you have access over that right-of-way? Mr. Catapano: Yes, we don't have one written up yet but there won't be any problem because it is all family owned and they are going to be putting an easement in right across the property 25 feet wide straight back to the house in the back. Mr. Ward: The question is, is the right-of-way off the property? That's not part of the subdivision? Mr. Catapano: No, it's part of the house that is already there. Mr. Ward: Mr. McDonald: Mr. Catapano: Mr. Orlowski: You have access over that right-of-way though. You already have it or you are obtaining it? We're obtaining that. Can I have your name for the record? .PLA/~NING BOAP~ 10 JUNE 4, 1990 Mr. Catapano Jr., is my name. Mr. Orlowski: We'll have to review that. Mr. Catapano Jr. - Does a 280A have to be filed With the Town? Mr. Orlowski: A 280A is granted by the Zoning Board of Appeals for access over property that is out of the subdivision which we are creating. We'll have to review thatr you might need it. Mr. Catapano Jr. O.K. Ms. Scopaz: I just want to mention one thing. If the land right now is part of the subdivision ...... Mr. Catapano Jr. - No, it is part of the previous subdivision. Ms. Scopaz: Your splitting it out? Ms. Spiro: No they are not. Ms. Scopaz: A pre-existing right of way is that what you are talking about? The one to the south? Ms. Spiro: Right. Mr. Orlowski: We'll have to review that. Review of Reports: Mr. Orlowski: Long Meadow Estates - This major subdivision is for sixteen lots on 36.9639 acres located on the north side of Sound Avenuw, 337 feet west of the northwest corner of Cox Lane and Sound Avenue in Mattituck. SCTM ~1000-113-7-19.2. Mr. Orlowski: I make a motion that we adopt the engineer's report dated May 23, 1990. Mr. Latham: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Bond Determinations: .PLANNING BOARD !1 JUNE 4 ~ 1990 Mr. Ortowski: Plum Gut and Townsend Properties - This minor subdivision is for four lots on 15.6 acres located on Main Road in Orient. SCTM ~ 1000-18-3-9.1 and 1000-18-3-7 & p/o 8. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the bond estimate dated April 3, 1990 and revised by the Planning Board on June 4, 1990, for Plum Gut Properties in the amount of $214,090.00 and to recommend same to Town Board. RESOLVED to adopt the engineer's report dated April 3, 1990. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Bond Releases: Mr. Orlowski: East Marion Woods - This major subdivision is located in East Marion. SCTM $1000-30-1-5.1 Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board recommend to the Town Board that they release the $21,946.50 Letter of Credit for East Marion Woods subdivision. The Planning Board is in receipt of a report from Raymond L. Jacobs, Superintendent of Highways, concluding that all work is completed and all is in order for release of the Letter of Credit. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Ortowski. Mr. Orlowski: Opposed? So ordered. Lead Agency Coordination: PLANNING BOARD 12 JUNE 4, 1990 Mr. Orlowski: Salvatore & Jeanne Catapano - SCTM ~ 1000-69-6-9.2. Mr. McDonald: Mr. Chairman I recommend the following. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity makes an initial determination of non-significance. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. LOCAL LAW PROPOSALS: Mr. Orlowski: Proposed Local Law - To add new definition for apartmeRt, apartment house, living area and habitable floor area; and to amend definition for dwelling unit. What is the recommendation to the Town Board on this? Mr. Ward: Mr. Chairman, I offer a resolution in favor of such amendment and to send this to the Town Board. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: We just received a proposed local law to provide the Zoning Board of Appeals with the authority to subdivide merged lots. Has everybody reviewed that? Mr. McDonald: I would like to ask for more time. Mr. Orlowski: O.K., we'll hold that one over. SETTING THE NEXT PLANNING BOARD MEETING: PLANNING BOARD 13 JUNE 4, 1990 Mr. Orlowski: Board to set Monday, June 25, 1990 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: I would like to offer a resolution to do that since we have already set some hearings. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion. All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Approval of Planning Board minutes for May 14, 1990. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I have nothing left on my agenda. Does anybody have anything left on their agenda? Anyone have any questions? Being no further questions, I'll entertain a motion to adjourn. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Opposed? So ordered. Jane Rousseau · PLANNING BOARD 14 JUNE 4 , 1990 Jr., Cha~rma~ - w - Bennett OrlOwski ~ so~o~ ~o~ c~ ~: Town Clerk, Town of Sou6Eold .