HomeMy WebLinkAboutPB-11/20/1989Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York
11971
SCOT'[ L, HARRIS
Supervisor
Fax (516) 765-1823
Telephone (516) 765-1800
PLANNING BOARD OFFICE
TOWN, OF SOUTHOLD
Present were:
SOUTHOLD TOWN PLANNING BOARD MINUTE
NOVEMBER 20, 1989
Bennett Orlowski Jr., Chairman
Richard Ward
Kenneth Edwards
Richie G. Latham
Mark McDonald
Melissa Spiro, Planner
Vaterie Scopaz, Town Planner
Jane Rousseau, Temporary Secretary
Mr. Orlowski: Good evening, I would like to call this meeting
to order. First, I would like to introduce our newest member
taking Mr. Mullen's place. Mark McDonald. O.K, the first
order of business at 7:30 p.m. - DBM Affordable Housing -
Board to review the bond'estimate dated October 13, 1989. What
is the pleasure of the board?
Mr. Ward: Move for acceptance.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on.the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Also, I have the engineer's report dated Octobe~
13, 1989. What is the pleasure of the board?
Mr. Edwards: I move we accept it.
Mr. Latham: Second.
PLANNING BOARD 2 NOVEMBER 20 , 1989
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Ward,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Next, we'll move to the public hearing on the
final maps. This major subdivision is on 37.762 acres located
at Southold. SCTM 91000-55-6-15.1. We have proof of
publication in the Long Island Traveler Watchman and also in the
Suffolk Times. At this time everything is in order for a final
hearing. I'll ask if there are any objections to this
subdivision?
Lorna Tuthill: I live on Boisseau Avenue and I am a
property owner in Yenne~ott Park development. My husband and I
developed Yennecott Park over 20 years ago. In the recent past
I've made my interest in affordable housing known to the ~own
Board, the Planning Board and the community at large. I am not
opposed to what is generally considered to be affordable housing
in the area of the DBM property but, I do not like the plan
that is being submitted or the manner in which the Town i~
allowing this land to be used. Arguments that favorably compare
Highpoint II with Yennecott Park I resent, and I shall explain
why I believe my feeling is justified. In planning Yennedott
Park our concern was to provide the local families a comfortable
and attractive safe area to live and raise children. We built
at our own expense the pond that has become a favorite setting
for wedding photos to be taken, set aside green areas for play
and community gmtherings and designed the road with safety for
bicycles and walkers inmind. At that time the members of the
Planning Board shared our values and our vision for the future
of Southold. In pursuing my concern ~or young families and the
need for housing they could afford, I talked to the Town
councilmen, met with representatives of the Planning Board~ seen
the file of correspondence and documentation of DBM property
and come to the following conclusions. Our Town Board watchdogs
have represented the building industry and the developers in
drawing a master plan and in approving affordable housing code.
The Town Planning Board works on a piece meal basis without
vision for the interrelatedness of areas and co~,~nity of people
that will live in them. It in essence has turned the planning
over to the developer in this particular case. Half of these
fifty-six lots are to be developed under the affordable housing
guidelines. Only the developer knows which ones they will be
and when they will be available. Administering the
applications, explaining the guidelines, and assuring secured
transactions for the eligible, I see as the responsibility of
PLANNING BOARD 3 NOVEMBER 20, 1989
the town community planner. Not the developer whose declared
chief purpose is to make money. Town officials both elected and
hired are grossly lacking in their responsibility to allow this
to take place. As to the plat of Highpoint II, 40% of the 56
lots are less than 100 foot frontage on the road. One lot,
number six is surrounded by four backyards, but for a 20 foot
wide 100 feet
long strip for driveway that allows access to the road. Of the
53 lots in Yennecott Park, three of them, 6% have less than 125
foot frontage and the lowest is 110. Anyone who knows Yennecott
Park can see by these figures alone that when Highpoint II is
developed it will be no match for Yennecott Park. Highpoint II
developers have refused to consider designating any area as
green space or park area with the stipulation that it be turned
over eventually to a homeowners association. The Planning
Board's reasoning on allowing this is that too much needed
affordable housing lots would have to be sacrificed. Again I
ask, who is doing the planning. I'm not talking about cluster
zoning, I am talking about a place for families to gather for
sociability and for children to play in safety. The affordable
housing code allows the developer to give money to the town in
place of such green space. Who formulated the legal document?
The Southold Housing Advisory Committee who's membership
consisted of advocate for building in Southold including Mr.
Mandel. The plat for Highpoint II has been insensitive to
people and unimaginative in its use of the land from the
beginning. The covenants and restrictions as filed lists
seventeen rules and regulations for use of the.property by
property owners including size of house, landscaping, care,
etc.. Fine, such restrictions helps to make desirable
neighborhoods and to promote neighborliness but the list of
these covenants and restrictions include in article six the
following statement. "Nothing in this declaration shall be
construed as obligating the developer to supervise compliance
with or to enforoe these covenants and restrictions and no
person shall have a cause to action against the developer for
its alleged failure to supervise or enforce. Prior to the cut
off date such power may be exercised by the Homeowners
Association or if no such association exists by any owner upon
proof of the ~written consent of at least 60% of all owners".
Privilege to ignore these restrictions by the developer is a
gross injustice to any purchaser and a shirking of
responsibility on the part of the developers. The Suffolk Times
on July 6, 1989 quoted Mr. Mandel as saying "it isn'~t
necessary to be optimistic to have affordable housing, the
purpose in creating Highpoint II is to make money." I contend,
it isn't necessary to be greedy and self-serving to turn a good
profit. Thank you.
Mr. Orlowski: Are there any other objections to this
subdivision?
Larry Fullerperine - I am also a property owner in Yennecott
Park. In no way should our comments be misconstrued. The
PLANNING BOARD 4 NOVEMBER 20, 1989
property owners association of Yennecott Park supports
affordable housing in Southold Township. We support the
building of affordable housing direCtly adjacent to our
subdivision. The township needs it and we welcome it to our
neighborhood. I only want to second one of the major points
that Lorna made. That is that the Planning Board has not
exercised its true function in the developement of this
subdivision. That is to plan. We requested a meeting with the
Planning Board staff as the property owners association to sit
down and talk about how to help integrate this subdivision into
the communities that already exist in that specific vicinity and
into the subdivisions that surely will follow in the remaining
farmland or vacant land in the direct vicinity. We spent about
an hour and a half talking with the staff about why we felt the
green space of Yennecott Park should be ducktailed in with
green space in this subdivision and in the subdivision that
surely will be built directly adjacent to them to make a very
liveable community in Southold Township, to give people a place
to be and have something that is green and wild in the
township. We strongly requested at the end of that meeting that
we get a response in writing from the Planning Board about our
concept that would fit in with this development. We are still
waiting, that was in July. We didn't even receive ap hone call
and I feel that process by whick all this took place shows a
distinct lack of respect for members of our community who are
welcoming affordable housing to the neighborhood. I believe at
this point the planning board should take a step, they should
plan and help to integrate this neighborhood into our community
and not allow the map which is presently configured to go
forward.
Mr. Orlowski: Any other objections to this subdivision?
Hearing none, any endorsements of this subdivision?
William Moore: Attorney for the applicant. I am here to answer
any questions you may have, I think that Your~q and Young has
done a good job and I do point out that we've got here the
subdivisions half acre lots. Many which exceed 20,000 square
feet in size. Had this been an area in which a water and sewer
plant could provide we would be talking about one quarter acre
lots. Half acre lots are not that small. I understand that
we've got two acre zoning in this town but a half acre lot is
not that small. I believe they have got a good layout here and
I would like to see the board move forward with the approval of
the plan as shown. Thank you.
Gail Rast: I have been living out here about seven years and
I work in Southold. I would like to purchase an affordable
house to live in. I would like to stay near my family, I'd like
to stay near my grandchildren and I would like to say that
Yennecott is a beautiful area. If I could afford to live in
Yennecott, I would. It is very idealistic to want two area
zoning, a park that is very nice but to have all that costs
money. I don't have that kind of money to support what it would
PLANNING BOARD 5 NOVEMBER 20, 1989
cost to have that. I think that it is wonderful that there are
projects in the works and I know that half-acre lots probably
sound very small to those of you who have lived out here all
your lives which you've been very fortunate. I don't think that
anyone who moves in this area is in such a income basis that you
have be concerned that they won't landscape their property.
These a~e young couples both working who want something very
nice and very special. I'm a person all by myself. I would
like to have a beautiful landscaped yard, a very nice home which
I will furnish beautifully and it will be something to be proud
of. I don't think we are talking about low income here, I think
we are talking about affordable. Anyone who can afford these
homes have to be making a decent living otherwise out here you
are on welfare. There is no such thing as low income. Either
you are professional people who just don't have the security of
going into a second home or parents that can help you. You know
this is very, very necessary. I am a career person, I work
three jobs and I think that I have paid my dues and I would like
to own a house and this man is making it possible for me to do
that. I think it would be great, I would love to live in
Yennecott. I can't afford anything in Yennecott. I don't think
my son and his wife could ever afford to live there and if we
don't have projects like this, I will forced to leave town, my
children will be forced to leave town and we will be a community
of a ghost town, there will just be a few of the older people
who are fortunate enough to have something from before providing
nothing for their children. I don't believe anyone moving into
this project will have anything that there is to be ashamed of.
I think that people are so hungry for homes and hungry for a
place to live that it will be beautiful and I honestly believe
that Mr. Mandell has tried to plan it to make it affordable
and the longer you make this man wait, the less affordable it is
going to be. I don't think $28,000 or what ever it is going to
be, I know it's going to be under $30,000, and then you put a
house on that property, you're talking $100~000 and that is not
even affordable. You have to make a very good living to have a
house, a first time house, costing that much money. I mean, the
older homes on the open market, you can't afford to buy
anything. I mean, I have been looking ever since I'ue been out
here and I work very hard. I know so many young couples with
small children and they need a home and it's very nice to want
everything just so perfect but if you people don't approve this
or start approving some of these other projects that are so
necessary there is not going to be anyone left in town for you
to even talk to about this. That is all I have to say, I hope
that you come to your senses and try to help the young people,
they really need your support and not your lack of support.
Eileen Kreiling: I was born and raised as my husband was in
this town. We left for a few years in order to get some kind of
experience in our business and we came back here and we had our
children in order to start a business in order to let them grow
up and live in the community that we grew up in and that we
love. For us to even consider to buy a home. Starter homes are
PLANNING BOARD 6 NOVEMBER 20, i989
not for people like us at $135,000. That is not a starter. We
have two children and we work very hard. We're trying to make a
start out here. All the people I went to school With, all the
people I grew up with leave, because they just can't afford to
buy a home here. It is a shame that you are driving out your
next generation of people who are willing to support this town
and who grew up loving this town. It is impossible for us to
stay here and I agree with Gail that finally somebody has made a
point of giving us an opportunity to show ourselves, to show
that we are reasonable good hard working people who will make a
beautiful co, L~unity and make beautiful homes for our children to
grow up and live in or we wouldn't be in such a beautiful
community. Thank you.
Linda Macinberg: I have lived here all my live and I agree
with both women. We need it. We live in a trailer now and my
daughters bedroom I'm sure is smaller than your bathrooms, it
is a shame, she has a friend come over and she can't sleep in
the same bed because the room is so small. If these people are
willing to help us then darn it, you people help us too.
Maureen Wheeler: I live on the property adjourning this. I
wrote a letter to the board back on May 4th with a few
questions. I do want to see affordable housing and I don't care
that it is in my neighborhood but, I believe some of the people
have misconstrued what Mrs. Tuthill has said~ She has said that
she is for affordable housing. Could I ask the board a few
questions: In my letter I asked if the declaration of covenants
and restrictions would be adopted and made a permanent part of
this project, will they be?
Mr. Orlowski: As soon as they are approved by the Town
Attorney~ but they haven't been yet.
MaureenWheeler: Who will be responsible to see that these are
enforced?
Mr. Orlowski: Probably the Building Department, Homeowners
Association.
Maureen Wheeler: If there is no homeowners association, who
will be responsible?
Mr. Orlowski: There will be covenants on this property and it
will be on the map and on the deed and everyone will full well
know what they are. we have an enforcement officer, who just
rides around looking for certain things and waiting for phone
calls.
Maureen Wheeler: Do we have some kind of assurance that the
adjourning or bordering properties may not be developed in a AHD
district?
PLANNING BOARD 7 NOVEMBER 20, 1989
Mr. Orlowski: We can't give you that assurance. We know we
need affordable housing in this town and we have to start some
where. Being that this location is close to water as it is, is
what it got to fit in an AHD District. If more is needed I
can't say if it will get there or somewhere else. That would be
up to the Town Board in their decision.
Maureen Wheeler: Could I make a suggestion that maybe park
areas also be included in future AHD Districts.
Mr. Orlowski: Well, you can but it would have to go before the
Town Board.
Mr. Orlowski: Any other endorsements?
Mr. Tuthill: There is a great difference of feeling here and I
don't think there should be. What my wife stated about all the
restrictions sound great but from my experience as having
developed Yennecott Park and the restrictions are now looked
after by the association. Never, to my knowledge when someone
applied to build a house. The building department, if they meet
the town criteria they will get the permit. They could care
less about the restrictions. They say they can't be concerned
about all the different restrictions in every different
developement so therefore, it has been up to myself and then the
association to follow up on the restrictions and make sure they
are abided by. What we are trying to do is to alert these
people who wanted these homes so badly that they sort of have
blind folders to see these things that are written are not
backed up that they can carry through while they live in this
place. We are very concerned about this. We want the
affordable housing but we want to see it be a success and not
have the developers shirk out from their responsibility because
up to now I have not seen the building department care about
individual development restrictions.
Mr. Orlowski: Years ago, a lot of restrictions that were placed
on a lot of subdivisions were not filed properly. Now all these
restrictions will be on the assigned map before it is signed.
Mr. Tuthill: I resent that statement because I did everything
above board. They are all filed and everything. I have gone to
the Planning Board and been told that they cannot be bothered
with restrictions in an individual development, it is up to the
developer or the association to do it and that is what I would
like to see is guaranteed for the sake of these people here for
their affordable homes and I do not see it as it is written up
now. I am only telling you of my past experience that the
Planning Board has not cared about the restrictions in Yennecott
Park.
Ms. Scopaz: I think the board hears your point. There is a
minor problem here that the board can only go so far. They have
a right to impose covenants to require that a declaration of
PLANNING BOARD 8 NOVEMBER 20, 1989
covenants and restrictions be placed on each lot in the
subdivision and they can make sure that it is not only on the
filed map but that there is actually a recorded declaration
which this means that every property deed that is issued will
have that so-each potential property owner whether they are
affordable or not goes and sits down with the attorney at the
closing and the attorney will have to say to them "now look~ you
should be aware that there are restrictions on this property" so
each buyer, if they are properly represented will know before
they sign a piece of paper that there are restrictions and will
know what they are, The Planning Board is not an enforcement
agency and has not been given any kind of enforcing power.
Therefore, they cannot, in response to a complaint, they do not
have the authority on that because at that point it becomes a
private thing. If there is a homeowners association then you
have to write or go to them.
Mr. Tuthilt: It all sounds well, but people who purchase lots
in Yennecott Park we make it a point to get the restrictions and
the thing I'm Concerned about is this loop hole saying DBM
won't be held responsible if the restrictions aren't enforced.
Mr. Orlowski: Any other endorsements of this subdivision?
Mrs. Tuthill: I have to clear this up that I am against this
affordable housing. I am not against the affordable housing,
but I am against in which the way the Planning Board is allowing
it to proceed and the way it is being handled. YennecOtt Park
lots are only half acre lots and we are not trying to sell they
to anybody as affordable housing. In their day they were very
affordable. There value has gone up like others have here. We
are very happy that someone is going to have a chance to buy
some affordable lots, but it doesn't have to he done at the
expense of the people who are trying to buy them. Our concern
is for the peOple, to know what they are getting into that it
may not be exactly as it appears.
Mr. Orlowski: Any other endorsements?
Kevin Flynn: I've lived here all my life with the exception
of seven years that I served in the Navy. I hear a lot of
people are worried about me and how I am going to buy into these
lots and if my grass is going to grow too long and if I'm going
to have 01d vehicles in the yard. For $100,000 that I'm going
to spend on these lots, I think I'm going to take s~me pride in
what I do and I think this community can be as nice as Yennecott
or as nice as any community here in Southold. I have been
chasing these affordable programs since I moved back from the
Navy and they all seem to be pie in the sky u~til right now when
we actually see that one is within our grasp and I hate to see
it slip away. It seems that right now it is almost a reality.
I pinch, myself hoping that it's not a dream.
PLANNING BOARD 9 NOVEMBER 20, 1989
Mr. Orlowski: Any other endorsements? Hearing none, is there
anyone out there who is 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: None.
Mr. Orlowski: Being no further questions or con~nents, right
now we do not have any water contracts or the Suffolk County
Planning Commissions report so at this time we will have to
leave this hearing open. As soon as we get those, maybe by the
next meeting we will close this. Thank you for coming down.
Any comments you may mail to us. Thank you.
Mr. Orlowski: On this same subdivision, I would like to
entertain a motion to refer the bond estimate to the Town Board
to determine the amoun~ of money to be deposited in lieu of land
for the park and playground. This will have to be done by the
Town Board and they will have to send out an appraiser.
Mr. Edwards: So movedl
Mr. Ward: Second. This is in accordance with the
reco~m~endation of the Southold Town Affordable Housing Committee
of the Town Board.
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 ordered.
Mr. Orlowski: Too Bee Reality - Public hearing 8:00 p.m. on
the final maps. This minor subdivisio~ is on 7.956 acres
located at Southold. SCTM ~1000-50-6-5. At this time
everything is in order for a final hearing. We have proof of
publication in the Suffolk Times and also proof of publication
in the Long Island Traveler Watchman. I'll ask if there are any
endorsements of this subdivision?
David Kapell for the applicant: At this point we believe we
have complied with all submissions and requests made by your
board and we ask for a speedy approval. I believe my client,
Mr. Hanauer is here tonight and would like to ask a couple of
questions of the board in connection with the bond estimate.
Mr. Orlowski: Right now I am asking for endorsements. He can
ask in a few minutes.
PLANNING BOARD 10 NOVEMBER 20, 1989
Mr. Orlowski: Any other endorsements of this subdivision?
Hearing none, any objections to this subdivision?
Mr. Bitses: Yes sir, we certainly have objections to this
subdivision. Two years ago, the directors of Too Bee Reality
told this planning board that they would remove a dam whiCh was
blocking the flow of ground water into lot number four of this
subdivision. The dam is built on the edge of impermeable clay.
The water that gathers there is a highway sump called Hummels
Pond. There is no natural water flowing in that other than that
that comes down the road and flows into that pond and since time
has flowed out into lot number four and sunk and recharged into
the acquifer at that point. The reason that it recharges in
lot number four is because it is permeable ground and for a
thousand years the area in which the permeable ground is found
has been a marsh. All you have to do is go over there and walk
up to your hips in the marsh water. Apparently, this board
wasn't listening two years ago when Too Bee made that promise.
Apparently, this board doesn't have liaison with the Trustees,
who are getting ready to declare lot number four a fresh water
wetlands area and a recharge area. The law requires that any
groundwater be recharged into the aquifer so it becomes
useable. The law falls just as heavily upon your shoulders as
it falls upon mine. Two years ago, three years ago, we had a
solution for this problem and the solution was offered by Ray
Jacobs, the Highway co~m~,issioner who is aware of contour lines
and who is aware of flow lines and. is aware of recharge areas
and he suggested and if you look at the map there that a certain
4580 corner of lot number four be made the highway sump with a
12 foot right-of-way so that the highway sump could be serviced
by the Highway Department. That requires a grant of deed from
Too Bee Reality to the town for the purpose of creating a
highway sump to a level so the water running into Hummels Pond
highway sump would run down into this dug area and in effect it
would dry out the marsh and it would make lot number four a
buildahle lot which it is not now. Before you, you have a final
map, but how it ever got to this stage I'll never know because
one of the four lots that you consider part of this final map is
not buildable. Not buildable under the present circumstances
and you have done nothing to help this process along. Not even
contacting the Trustees to find out what they were doing in this
case. You don't have four lobs here, you have three lots and a
marsh. What are you going to do about it? What I suggest, is
that if you withhold this one lot, from this developer, you will
see how quickly he will give this town a deed of grant for a
parcel in the northwest corner of lot number four of a 4580
grant with a 12 foot right-of-way. The dam that he has erected
to block off the groundwaters that percolate into the ground in
lot number four is known locally as a $100,000 dam, its
corporate purpose being to dry out lot number four, hoodwink you
into thinking it is a buildable lot and sell it for a $100,000
or better. Some poor fool is going to come along and he is
going to try to build a house there and he is going to get
shafted the way this other person was shafted just recently, who
PLANNING BOARD ll NOVEMBER 20, 1989
bought a lot and discovered that he couldn't build because it
was a wetland. The same thing is going to happen and that is
what I wrote to you about six months to a year ago. That the
purpose of the dam was defraud. The purpose of the corporation
is to sell that lot to an innocent purchaser thinking he is
going to build a house and he is going to end up with a swamp on
his hands that he can do nothing with but pay taxes on. I
respectfully request first of all that you contact the Trustees
and find out what the beck is going on with them, second that
you hold this matter in abeyance since it is in litigation at
this time and third that you declare the final map as containing
only three lots. Witholding your position onlot number four
pending the resolution of this problem, and there is only one
resolution, the resolution is the resolution suggested by Ray
Jacobs that they allow a sump to be built in the corner of their
property indicated by a green square on your contour maps with a
12 foot right-of-way for servicing. Any questions? Will the
action of this board be held in abeyance pending notification of
the Trustees?
Mr. Orlowski: I'm in the middle of a hearing and I cannot
answer that.
Mr. Bitses: Why not? Don't you ever talk to the Trustees?
Don't you ever coordinate your efforts? Has anyone of you made
a personal inspection of the area? Or do you just railroad
these things through to a point where they cannot be reversed?
Again I say matter is in litigation.
Mr. Orlowski: This was coordinated with the Trustees with
regards to SEQRA and there was no coa~uent at that time from the
Trustees.
Mr. Bitses: I spoke to the Trustees last Thursday and they
are in the process of re-evaluating parcel number four.
Mr. Orlowski: That is why we have public hearings. What is the
boards pleasure on this?
Mr. Ward: I think we can hold it open.
~r. Bitses: The solution is so simple that I cannot
understand why they insist on destabilizing the water levels in
that area. The dam first of all is totally and completely
illegal and constitutes a public nuisance and they refuse to
take it away. It is now causing a public health nuisance as
well and since this town has horse farms there is the problem of
a desease. By raising the water level of H-~mmels Pond they
have flooded the adjacent forest land and once the forest land
is flooded you cannot control the growth of mosquitos on the
pond itself simply cause the pond is out of its banks into
shallow pools and then what happens is, what happened this
summer there are gigantic swarms of mosquitos some of which may
be carrying a deadly virus and of course we will only know when
PLANNING BOARD 12 NOVEMBER 20, 1989
they carry someone away and bury them. This is just one of the
problems. Another problem faced by Ray Jacobs is that
periodically this dam blocks the highwaY, blocks Soundview
Avenue so that it is no longer passable constituting a public
nuisance to traffic. One thing follows another but no action
has been taken by this Planning Board to face any of these
problems. I'm asking sincerely that you face up to these
problems and there is only one way you can do it, by withholding
lot number four
temporarily you will force this developer who is bent on profits
at any length, you will force him to finally come to terms and
accept Ray Jacobs suggestion of a 40 x 80 sump in the corner of
lot number four which will not detract from the fact that you
could still issue a Certificate of Occupancy for a one family
dwelling on that lot. In other words, 40 x 80 is approximately
3,200 square feet out of a possible 70,000 or 80,000 square
feet. It will still be 1.8 or 1.9 acres but, it will be the
solution to this problem and it is a solution they have resisted
and I don't know why since they have stuck in everybody's craw
in that area, they have created millions of mosquitos in that
area. They have flooded three properties above them but they
refuse to come to te~ms or to deal with anybody. In my book
that is corporate arrogance in the extreme and I am going to ask
again that this planning board very seriously consider issuing
only three lots in this subdivision pending the solution of the
problem that they have created in the forth lot. Any questions?
Mr. Orlowsk: No, we will take your comments under
advisement. It was coordinated with the Trustees when this
first came in and there was no comment from them.
Mr. Bitses: I relying on your good will.
Mr. Orlowski: You will have to. Any other objections to this
subdivision? Hearing none, is there anyone out there who is
neither pro nor con but may have some information pertaining to
this subdivision that would be of interest to the board?
Mr. Kapell: Mr. Chairman, my clients purchased this property
in 1986 and the dam or the berm that is referred to in Mr.
Bitses comments was in Place at that time, we did not create
it and we have not altered it and we never promised to alter it
and in fact discussed this question with the board two years ago
but at that time did not make a promise and I don't t-hink we
were asked 'to remove the dam. On the contrary, several months
ago a fellow was arrested on this property with a spade in hand
who alleges to have been hired by Mr. Bitses for the purpose
of removing the dam. That was not us and I think there has been
some element of fantasy in his recollection of our having made a
commitment to remove the dam. We never did so, we don't intend
to and I object to the fact that these totally outrageous
comments would result in holding over this hearing in as much as
I think the Trustees were seriously considering any action
affecting this property would notify you. We would hope that
PLANNING BOARD 13 NOVEMBER 20, 1989
this hearing would be closed and that the application be
approved.
Mr. Hanauer: I am a resident of Mattituck and several maps
were prepared for the approval before we arrived here tonight.
One of the maps asks for profiles. The map was submitted on
June 13th and amended on August 18th showing three inches of
three quarter inch stone blend on top of six inches of bank
run. I received a bond proposal and the specifications were
different and I would like to get the clarification which is
correct.
Mr. Orlowski: What were the dates on those?
Mr. Hanauer: The last one was submitted August 18, 1989 and
amended prior to that June 13, 1989.
Mr. Orlowski: Our engineer amended those on your map of August
18th, 1989. Do you see those amendments on there? In the
report of December 26th, 1989 it refers to those amendments.
Mr. Hanauer: The specifications as I see it, unless there is
a different map shows for six inches of bank run with three
inches of three quarter inch stone.
Mr. Orlowski:
copy of this.
26th, 1989.
No, No, we have this here and you can pick up a
Do you have the engineer's report dated September
Mr. Hanauer: I have no report, just the estimate on the bond.
Mr. Orlowski: You don't have the cover sheet then. O.K., you
can pick this up in the office tomorrow, we will make you a
copy. It spells right out here they changed the road
specifications to what it should be and there is a cover letter
with the bond estimate showing that.
Mr. Hanauer: What is a fire well and why is it required?
Mr. Orlowski: Because the fire district would like to have it
there for fire protection. Every subdivision. The fire
commissioners are in charge of fire protection and they see to
it that there is adequate fire protection in each subdivision.
Mr. Hanauer: Can this be shared with an adjoining property
owner?
Mr. Orlowski: If you can do that, that is fine with us. You
have to speak to the fire commissioners.
Mr. Hanauer: Based on these specifications for this type of
road, will this become a town road?
PLANNING BOARD 14 NOVEMBER 20, 1989
Mr. Orlowski: These specifications have to be built to town
specifications to become a town road. I can't decide that, you
have to decide that, if you want to dedicate it to the town
these specifications have to be brought up to the town specs.
Mr. Ward: I guess the question is, are these the town
specifications?
Mr. Orlowski: Yes.
Mr. Ward: So if they were brought to these specifications it
could be offered for dedication. Isn't that what the question
is?
Mr. Hanauer: Yes.
Ms. Scopaz: If you wish to dedicate a road, you have to make
that offer to the Town Board and the Town Board indicates
whether it will accept the dedication.
Mr. Hanauer: Based on these specification, I'm asking if the
town would accept the road?
Ms. Scopaz: Are you making a formal request?
Mr. Hanauer: Yes.
Ms. Scopaz: Can I suggest you put it in writing. The Planning
Board doesn't have the authority to accept the dedication. The
Town Board does.
Mr. Kapell: I think maybe you missed the question, Ms. Scopaz.
What he is asking is whether the specifications contained in the
town engineers report. Are those specifications which would
ordinarily allow the town to accept dedication of the road if it
were offered.
Mr. Orlowski: Being it is only twenty five foot, it would never
be accepted. It Would have to be a fifty foot road. If you are
asking if the town would accept it now, No. You would have to
make it fifty foot.
Mr. Orlowski: Any other questions or co~uuents? Any questions
from the board?
Board: None.
Mr. Orlowski: Being no further questions, does this board want
to keep this open to discuss with the Trustees that was brought
to our attention.
Board: Yes, ask Highway Department and Trustees.
PLANNING BOARD 15 NOVEMBER 20, 1989
Mr. Orlowski: O.K., we will hold this hearing open until we get
a clarification from the Trustees and Highway Department.
Mr. Orlowski: Thorton Smith - 8:20 p.m. - Board to make a
determination under the State Environmental Quality Review Act.
What is the pleasure of the board?
Mr. Ward: I offer a resolution for a negative declaration based
on the following: An environmental assessment has been
submitted and reviewed and it was determined that no significant
adverse effects to the environment were likely to occur should
the project be implemented as planned. The wetlands havebeen
designated by the N.Y.S.D.E.C. and all lots have been set
back at least one-hundred (100) feet from the landward limit of
the wetlands. The road layout has been designed to allow future
access on Bergen Avenue which will eliminate some of the
traffic flow onto Sound Avenue. The Board has requested that a
temporary access to Bergen Avenue be maintained over the
applicant's parcel, for emergency reasons, until such time that
the access to Bergen Avenue over the adjacent propertyis
constructed. The layout has been designed to provide a block of
open space which is adjacent to land already planted as
vineyards, thus having the potential to be farmed. There has
been correspondence received from the Department of Health
Services. All of their concerns have been addressed. Because
there has been no correspondence received from the New York Sate
Department of Environmental Conservation in the allotted time,
it is assumed that there are no comments or objections from that
agency.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on that
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald,
Mr. Orlowski.
Fir. Orlowski: Opposed? So ordered.
Mr. Orlowski: Highpoint Section III - Board to review the
Engineer's report and the bond estimate dated October 12, 1989.
Board to review the Suffolk County Planning Coim~ission report
dated November 3, 1989. Public hearing on the final maps. This
minor subdivision is on 2.9189 acres located at East Marion.
SCTM ~1000-31-3-11.25.
PLANNING BOARD 16 NOVEMBER 20, 1989
Mr. Ward: I would like to make a motion to override the
November 3, 1989, Suffolk County Planning Commission report.
The Planning Board has requested that a road be built to the
alternate road specifications, thus the subdivision will not
result in the creation of landlocked parcels. The land in
question was previously in a R-80 district. The applicant had
pursUed a Change of Zone application with the Town Board for a
business zone, and had submitted a site plan application to the
Planning Board. The zoning map, which was adopted in February
of 1989, changed the zone on the subject premises to a R-40
district. Thus, t~e subdivision of land in the proposed manner
is not the result of a self-imposed hardship. Also, I would
like to make a motion to adopt the October 12, 1989, engineer's
report. I would also like to make a motion to adopt the bond
estimate in the amount of $55,350.00 and to reco~m~end same to
the Town Board.
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. Hearing closed.
Mr. Orlowski: Alan Cardinale - James Creek Public hearing
on the final map. This subdivision is on 15.9012 acres located
at Mattituck. SCTM ~1000-122-3-1.1.
(Synopsis - These three items were mentioned and discussed at
the meeting:
1. Upland area versus wetland area must be shown on map.
2. Planning Board awaits Engineer Review and Bond Estimate.
3. Cul-de-sac must be revised to have full radius turn
around with an island in the middle.
Mr. Orlowski: I would like to hold this hearing open to review
Lot ~3 a little closer. (Tape inaudible)
I~r. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards
Mr. Ward.
Mr. Orlowski: Opposed. So ordered.
PLANNING BOARD 17 NOVEMBER 20, 1989
Mr. Orlowski: Hamlet at Cutchogue - Public hearing on the
Draft Environmental Impact Statement. This project is located
at Cutchogue. SCTM 91000-102-1-33.3.
Ms. Scopaz: Paraphrased the memo of November 20r 1989. I have
reviewed the comments by Cramer, Voorhis and Associates. With
regard to Comments 2 and 3; I would like to add a request that a
slope analysis be included in the Final Environmental Impact
Statement, so that the location of the severest slopes relative
to the proposed regrading canbe easily seen. The regrading
issue should be defined more clearly, and its impacts mitigated
as suggested' in Comment 7; perhaps by a shift in the location of
the buildings. Resiteing the buildings may be preferable to
filling in existing low areas. Since the Planning Board has not
received any building elevation sketches, these should be
included in the FEIS in response to Concurrent 13. The water
supply and disposal issue should be addressed inmore detail as
suggested in Comments 19 and 21. Also, the traffic mitigation
measures should include a look at connecting the roads in this
project with Bridle Lane and Spur Road to the west. There are
two subdivisions under consideration by the Planning Board which
will result in the continuation of both these roads westward to
Alvah's Lane. If the Hamlet connected with these roads, it
could alleviate the ultimate traffic impact on Grilling
Street, S.R. 25 and Depot Lane. However, the proposed roads
within The Hamlet would have to be open to the public for this
to work. The DEIS proposes to allow fire hydrants to be
connected with the public water system. The Suffolk County
Water Authority has stated that they are not interested in
providing fire protection in Southold Town with the public water
system; that the local fire department's policy of requiring
fire wells should be adhered to. This should be addressed in
the FEIS. Finally, the source of the demographic information
in the Appendix is not indicated. Further, it should be updated
to the extent possible with information from LILCO and the Long
Island Regional Pta~ning Board. Recommendations: The Planning
Board should wait for co~mlents from the Suffolk County Water
Authority and the Suffolk County Department of Health Services
before proceeding. The Board has two options: to either appoint
Cramer, Voorhis & Associates to complete the FEIS, or let the
applicant complete the FEIS. If the SCWA and the SCDHS
have serious objections to the proposed system of handlingthe
sewage, then my recommendation would be to have Cramer & Voorhis
prepare the FEIS, at the applicant's expense. However, if the
applicant is unwilling .to reimburse the Town, then the Board may
be forced to let the applicant complete his own FEIS, and
simply bill him, in advance, for its review by Cramer & Voorhis.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on this
motion? All those in favor.
PLANNING BOARD 18 NOVEMBER 20, 1989
Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. McDonald,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered. Hearing closed.
Mr. Orlowski: James Cohill - Public hearing on the
preliminary map dated September 24, 1989. This subdivision is
on 18.9108 acres located at Mattituck.
SCTM 81000-107-1.2.
Mr. Danowski raised the question of keeping open space in one
large lot.
Mr. Ward: What was Mr. Schondebare's response to your
question?
Mr. Pete Danowski: He thought it could be legally done but
that the town had not done it before but the position obviously,
is that the Town Code provisions says or any other approval or
method by the Town Board. Town law, clearly says the Planning
Board shall determine the ownership and if the Town Board wants
they can mandate that after your recommendation they have to
approve it which is I believe the status in this town.
Mr. Orlowski: Well, the Town Board has not given us that power
yet.
Mr. Danowski: Well, the power you have, but I think they have
th~ final say. YOur power is to make a recommendation and if
you said on this particular one after you approve the
preliminary map and before the map is filed. You would
recommend that lot owner number one own this with a restricted
covenants on it, I would run to the Town Board and try to lobby
and support that application. I think without the
recommendation from the Planning Board I don't think it would be
a very smart-thing to waste my time. With your support, I think
I could move forward with this.
Mr. Orlowski: O.K., any other endorsements of the subdivision?
Hearing none, 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 comments from the
board?
Mr. McDonald: No.
Mr. Latham: Only that we do have to talk to the Town Attorney
about these open spaces, they keep coming up all over the place
and I have to talk to him. I'm not quite sure about it.
Mr. Orlowski: The Planning Board is the midst of a verbal
discussion as to what to do with all this open space. All
PLANNING BOARD 19 NOVEMBER 20, 1989
comments will be taken into consideration and I'm sure will be
hashed out at some point in the future.
Mr. Ward: Mr. Danowski, for our education, which towns
presently allow that.
Mr. Danowski: Riverhead does, we do it all the time.
Southampton does it, they do it by deed and development rights
on the open space.
Mr. Ward: When you were here a year ago, you said you would get
us that information.
Mr. Danowski: I had it photo copied and delivered here. I
can't remember whether I did it directly to a particular person.
Mr. Ward: I don't recall getting it.
Mr. Danowski: I'll redo it. Southampton was the first for
creating easements, restrictive covenants whether agricultural
or scenic and agricultural buffers.
Mr. Ward: I understand the scenic easements and the rest of it
and the agricultural easements, but I didn't realize that they
were actually on one lot. I thought they were still homeowners
association.
Mr. Danowski: There were two ways to do it. My original
request on this subdivision and other small ones has been, let
us do a standard plan and take the back half of lots and put the
covenants on it. You would'nt then fall into this technical
definition of a clustered open space. You would get the same
results if you take a standard map and take half of that lot or
three-quarters of that lot whatever the Pla~ner Board decided
and covenant and put a structure on it and keep it an open
space. Same result happens visually but we have a standard plan
rather than a clustered plan. That idea that would result in
any activity by the Town Board was an alternative to that I say,
take the one lot that Jimmy Cohill wants to build his new
house on, attach the open space to it that he can farm and
clearly restrict it on you map and record the easements or deed
of dedication to the town development rights.
Ms. Scopaz: Do we have any information about what happens when
the property owner of the lot with the open space if he should
default on his taxes, what happens to that land?
Mr. Danowski: He won't default on his taxes because that is
the land his house is on too. What should happen is the open
space whether it is clustered and owned by the homeowners
association or by him really that value should go with wherever
the homes are. I'm saying the one issue is, let the one lot
owner own the open space or as an alternate to a standard plan
with the backs of the lots restricted. Aside from that issue
PLANNING BOARD 20 NOVEMBER 20, 1989
however, is your assessors on the open space on a homeowners
cluster should put no tax bill on the open space. He should put
it on all the lots. He should portion it out at to whatever
value is and put it on the open lots. That at least says that
perhaps the carrying costs for that open space that belongs to
the homeowners association is next to nothing. Maybe the
liability insurance and then maybe you can get the waiver from
the attorney general.
Ms. Scopaz: Well, the question is, what happens in a situation
where the primary lot owner .... .
Mr. Danowski: If Mr. Cohill is going to build a $400,000
home on his lot, default on the taxes on the open space, which
is a part of his lot, they would foreclose on his house. I
don't think that will happen because we are not going to have
two deeds. We're saying he owns maybe ten acres but he can't do
anything but farm three-quarters of it. What ever percentage
you want.
Mr. Ortowski: Any other comments? Any questions from the board?
Board: No questions.
Mr. Orlowski: Being no further questions, I'll declare this
hearing closed.
Mr. Orlowski: Does the board have any pleasures on~ the
preliminary maps?
Mr. Ward: I move for approval.
WHEREAS, James Cohill, is the owner of the property known
as James Cohill major subdivision, located on Mill Road and
Reeve Road at Mattituck; and
WHEREAS, a formal application for the approval of this
subdivision was submitted on March 20, 1989; and
WHEREAS, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617
Title 6NYCRR, declared itself Lead Agent and issued a Negative
Declaration on June 30, 1989; and
WHERE~S, a PRELIMINARY public hearing ws held on said
subdivision application at the Town Hall, Southold, N.Y. on
November 20, 1989 at 8:10 p.m.; and
be it therefore,
RESOLVED that the Southold Town Planning Board approve the
preliminary maps dated October 23, 1989.
Mr. Latham: Second.
PLANNING BOARD 21 NOVEMBER 20, 1989
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Herbert Mandell - Public hearing on the final
maps. This set off is on 11.912 acres located at East Marion.
SCTM ~1000-31-4-15. Everything is in order for a final
hearing. We have proof of publication in the Long Island
Traveler Watchman and the Suffolk Times. I'll ask if there are
any objections to this subdivision. Hearing none, are there any
endorsements to this s~bdivision? Hearing none, is there anyone
out there who is neither pro nor con but may have information
pertaining to this subdivision that may be of interest to the
board? Hearing none, any questions from the board?
Mr. McDonald: No.
Mr. Latham: No questions, just a comment. The little house
there you did a good job, you deserve to be commended.
Fir. Ward: No.
Mr. Edwards: No.
Ms. Scopaz: No.
Mr. Orlowski: No further questions, I'll close the hearing.
Mr. Orlowski: North Road Associates - Board to keep the
public hearing open from February 6, 1989. This minor
subdivision is on 16.886 acres located at Orient. SCTM
~I000-18-4-i.
Mr. Edwards: I would like to entertain a motion tQcontinue to
hold the public hearing open until December 18, 1989, the next
Planning Board meeting unless the maps in accordance with the
January 26, 1989, CoUnty Planning CommiSsion report are
submitted. A note, a public hearing was held and kept open on
February 6, 1989, as the maps were not in accordance with the
comments from the Suffolk County Planning Col~uuissio~, and had
therefore not been reviewed by the Commission. The PlaDn~ing
Board has not received revised maps from the applicant in
accordance with the January 26, 1989, SuffOlk County Planning
Commission report. The Planning Board cannot approve this
subdivision until the County Planning Commission has reviewed
the maps.
PLANNING BOARD 22 NOVEMBER 20, 1989
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? Is anyone here representing North Road Associates? All
those in favor? Opposed. So ordered.
Mr. Orlowski: Board to set Monday, December 18, 1989 at 7:30
p.m. at the Southotd Town Hall, Main Road, Southold as the time
and place for the next regular Planning Board meeting.
Mr. Edwards: So moved.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. McDonald,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Board to approve the minutes from the regular
meeting of October 16, 1989, and the Special Meeting of November
3, 1989.
Mr. Edwards: So moved.
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:
SUBDIVISIONS:
Final:
Mr. Orlowski:
Opposed? So ordered.
Hanoch & Watts - Board to make a
determination on the final maps dated September 15, 1988.
minor subdivision is on 12.622 acres located at Cutchogue
SCTM ~1000-101-1-14-1.
Mr. McDonald:
This
PLANNING BOARD 23 NOVEMBER 20, 1989
WHEREAS Harold Watts & Giora Hanoch, are the owners Of
the property known as Hanoch & Watts located on County Road 48
at Cutchogue; and
WHEREAS, a formal application for the approval of this
sLLbdivision was submitted on July 18, 1988;
WHEREAS, the Southold Town Planning Board pursuant to the
State Environmental Quality Review Act,~ (Article 8), Part 617
Title 6NYCRR, declared itself Lead Agent and issued a Negative
Declaration on October 31, 1988; and
WHEREAS, a FINAL public hearing was held on said
subdivision application at the Town Hall, Southold, N.Y. on
October 16, 1989 at 7:30 p.m.; 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 approve and
authorize the Chairman to endorse the final survey dated
September 15, 1988, subject to fulfillment of the following
conditions within six (6) months of the date of this
resolution:
(1) Submission of a Draft Declaration of Covenants and
Restrictions which is to be reviewed by the Planning Board and
the Town Attorney. Satisfactory Covenants and Restrictions must
be filed with the office of the County Clerk prior to
endorsement of the subdivision by the Chairman.
(2) Street trees are to be planted in conformance with
Section 108-41 of the Town Code. Street trees must be planted
prior to the issuance of any building permits by the Building
Department.
(3) The firewell must be shown on the final map. The
firewell is to be located off of Alvah's Lane, within the fifty
(50) foot right-of-way of Lot ~t.
(4) The firewell must be installed prior to the issuance
of any building permits by the Building Department.
(5) A permit from the Department of Public Works is
necessary for the common access to Lots Numbered 2 and 3. This
permit must be submitted to the Building Department prior to the
issuance of any building permits by the Building Department.
(6) Two mylars,' with current Health Department approval,
must be submitted prior to endorsement by the Chairman.
Mr. Latham: Second.
PLANNING BOARD 24 NOVEMBER 20, 1989
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. Edwards.
Mr. Orlowski: Opposed? So ordered°
Mr. Ortowski: John Simicich, Jr. Board to make a
determination on the final maps dated August 18, 1989. This
minor subdivision is on 7.4834 acres located at Mattituck.
SCTM 91000-121-1-p/ot.
Mr. Orlowski: WHEREAS, John Simicich, Jr., is the owner of the
property known as John Simicich, Jr. minor subdivision located
on Sound Avenue at Mattituck; and
WHEREAS, a formal application for the approval of this
subdivision was submitted on March 3, 1989; and
WHEREAS, the Southold Town Planning Board pursuant to the
State Environmental Quality Review Act, (article 8), Part 617
Title 6NYCRR, declared itself lead agent and issued a Negative
Declaration on April 18, 1989; and
WHEREAS, a FINAL public hearing was held on said
subdivision application-at the Town Hall, Southold, N.Y. on
October 16, 1989 at &;35 p.m.; 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 approve and
authorize the Chairman to endorse the final survey dated August
18, 1989~
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Orlowski, Mr. Edwards, Mr. Latham,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Bertram Holder - Board to make a
determination on the final maps dated September 12, 1989. This
minor subdivision is on 34.619 acres located a Ashamomaque.
SCTM 91000-57-2.1.1.
Mr. Edwards: I would like to entertain the following motion:
PLANNING BOARD 25 NOVEMBER 20, 1989
WHEREAS, Bertram Holder, is the owner of the property
known as Bertram Holder minor subdivision, located Bayshore
Road at Ashamomaque; and
WHEREAS, the Southold Town Planning Board pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617
Title 6NYCRR, declared itself lead agent and issued a negative
declaration on September 12, 1988; and
WHEREAS, a FINAL public hearing was held on said
subdivision application at the Town Hall, Southold, N.Y. on
October 16, 1989 at 7:40 p.m.; and
WHEREAS, all the requirements of the S~division
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
September 12, 1989.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward, Mr. McDonald,
Mr. Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Dorothy L. Robertson - Board to make a
determination on the final maps dated July 18, 1989.
subdivision is on 2.508 acres located at Orient.
SCTM ~1000-13-1-10.
This minor
Mr. McDonald: WHEREAS, Dorothy L. Robertson, is the owner of
the property known as Dorothy L. Robertson minor subdivision
located on North View Drive at Orient; and
WHEREAS, a formal application for the approval of this
subdivision was submitted; and
WHEREAS, the Southold Town Planning Board pursuant to the
State Environmental Quality Review Act, (article 8), Part 617
Title 6NYCRR, declared itself lead agent and issued a negative
declaration on June 19, 1989; and
WHEREAS, a FINAL public hearing was held on said
subdivision application at the Town Hall, So~thold, N.Y. on
October 16, 1989 at 7:45 p.m.; 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 approve and
authorize the chairman to endorse the final survey dated July
18, 1989.
Mr. Latham: Second.
PLANNING BOARD 26 NOVEMBER 20, 1989
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered. (Chairman signed maps).
Mr. Orlowski: Elijah's Lane Estates, Section III - Board to
make a determination on the final maps dated January 1989. This
major subdivision is located at Mattituck.
SCTM ~t000-108-4-7.1.
Mr. Ward: Mr. Chairman, I move that we adopt the revised bond
estimate dated November 13, 1989 in the amount of $174,710.00
and recommend to the Town Board that they adopt same.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. McDonald,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Ward: I would like to endorse the final map.
WHEREAS, Tony Aliperti and Irwin Popkin, are the
owners of the property known as Elijah's Lane Estates, Section
III located on Elijah's Lane at Mattituck; and
WHEREAS, a formal application for the approval of this
subdivision was submitted; and
WHEREAS, the Southold Town Planning Board pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617
Title 6NYRR, declared itself lead agent and issued a
conditional negative declaration on October 16, 1989; and
WHEREAS, all condition's of the Conditional Negative
Declaration have been met; and
WHEREAS, all the requirements of the Subdivision
Regulations of the Town of Southold have been met; and
WHEREAS, a FINAL public hearing was heldon said
subdivision application at the Town Hall, Southold, N.Y. on
October 16, 1989 at 7:50 p.m.; and be it therefore,
RESOLVED, that the Southold Town Planning Board approve and
authorize the Chairman to endorse the final survey dated January
1989; subject to fulfillment of the following conditions within
six (6) months of the date of this resolution:
ii Submission of the maps showing a fifteen (I5) foot
easement over Lot $3. This easement is to provide
PLANNING BOARD 27 NOVEMBER 20, 1989
access to the open space.
OPEN SPACE be a homeowners association with an
easement for water supply and distribution in favor of
the Town.
3. Receipt of a Letter of Credit or its equivalent in
the amount of $174,710.00.
4. Payment of the inspection fee in the amount of
$i0,482.60.
5. Payment of the park and playground fee in the amount
of $19,350.00.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Timothy Gray - Board to make a determination on
the final maps dated March 29, 1989. This minor subdivision is
on 9.1568 acres located at Southold.
SCTM $1000-58-1-2.
Mr. Edwards: WHEREAS, Timothy S. Gray, is the owner of the
property known as Timothy S. Gray minor subdivision, located on
Soundgiew Avenue at SouthOld; and
WHEREAS, a formal application for the approval of this
s~bdivision was submitted on November 7, 1987; and
WHEREAS, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617
Title 617 Title 6~CRR, declared itself Lead Agent and issued a
Negative Declaration on December 19, 1988; and
WHEREAS, a FINAL public hearing was held on said
subdivision application at the Town Hall, Southold, N.Y. on
October 16, 1989 at 8:00 p.m.; 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 approve and
authorize the Chairman to endorse the final survey dated March
29, I989.
Mr. Latham: Second.
PLANNING BOARD 28 NOVEMBER 20, 1989
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald,
Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Mr. William J. Baxter, Jr. and et al - Board to
make a determination on the final maps dated June 22, i989.
This lot line change is located at Mattituck.
SCTM ~1000-108-4-9,10,11.
Mr. Orlowski: WHEREAS, William J. Baxter, Jr., et. al., are the
owners of the property known as William J. Baxter, Jr. et. al.
minor subdivision, located on Elijah's Lane and Main Road at
Mattituck; and
WHEREAS, a formal application for the approval of this
subdivision was submitted on December 2, 1988; and
WHEREAS, the Southold Town Planning Board pursuant to the
State Environmental Quality Review Act, (}Article 8), Part 617
Title 6NYCRR, declared itself lead agent and issued a negative
declaration on September 11, 1989; and
WHEREAS, a FINAL public hearing was held on said
subdivision application at the Town Hall, Southotd, NY, on
October 16, ~989 at 8:15 p.m.; 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 approve and
authorize the Chairman to endorse the final survey dated June
22, 1989, subject to receipt of two mylars and five paper prints
with Health Department approval.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Ward, Mr. Edwards,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered. (Chairman signed maps).
Mr. Orlowski: Wild Oats - Board to make a determination on
the final maps dated April 27, 1989. This major subdivision is
on 14.734 acres located at Peconic. SCTM $10~0-86-4-6.
PLANNING BOARD 29 NOVEMBER 20, 1989
Mr. MCDonald: WHEREAS, Frank Cichanowicz, is the owner of the
property known as Wild Oats located on Indian Neck Lane at
Peconic; and
WHEREAS, a formal application for the approval of this
subdivision was submitted; and
WHEREAS, the Southold Town Planning Board pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617
Title 6NYCRR, declared itself lead agent and issued a negative
declaration on March %6, 1989; and
WHEREAS, a FINAL public hearing was held on said
subdivision application at the Town Hall, Southold, N.Y. on
September 11, 1989 at 7:30 p.m.; 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 approve and
authorize the Chairman to endorse the final survey dated April
27, 1989, subject to fulfillment of the following conditions
within six (6) months of the date of this resolution:
(i) A draft of the Declarations of Covenants and
Restrictions must be submitted to the Planning
Board office for review. Satisfactory Covenants
and Restrictions must be filed with the County
Clerk prior to endorsement of the map by the Chairman.
(2) A draft Homeowners Association must be submitted
to this office for review by the Town Attorney. A
satisfactory Homeowners's Association must be filed
prior to endorsement of the map by the Chairman.
(3) A determination of the amount of money to be
deposited with the Town in lieu of land for park
and playground purposes must be made by the
Town Board. The park and playground fee must
be paid prior to endorsement by the Chairman.
(4) Final maps must be revised to show conditions
number four and number five of the Suffolk County
Planning Commission report.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Orlowski, Mr. Ward,
Mr. Latham.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Hen~f Appel - Board to set Monday, December
18, 1989 at 7:35 p.m. for a public hearing on the final maps.
This major subdivision is on 15.3573 acres located at
Mattituck.
SCTM ~1000-114-12-13.
PLANNING BOARD 30 NOVEMBER 20, 1989
Mr. Ward: So moved.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Ward, Mr. Orlowski, Mr. Latham
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Ortowski: August Acres - Board to set Monday, December
18, 1989 at 7:40 p.m. for a public hearing on the final map.
This major subdivision is on 43.062 acres located at
Arshamomaque.
SCTM ~1000-53-4-44.2.
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. Latham, Mr. Orlowski,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Scott Kaufman - Board to set Momday, December
18, 1989 at 7:45 p.m. for a public hearing on the final maps
dated July 31, 1989. This minor subdivision is on 6.889 acres
located at Cutchogue. SCTM $1000-97-3-20.
Mr. Ward: Request Covenants and Restrictions stating: There shall be no further subdivision in perpetuity.
The one hundred [100) foot scenic easement is to be left
undisturbed, with the exception of the driveway access for each
lot, which is not to exceed fifty (50) feet in width.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
PLANNING BOARD 31 NOVEMBER 20, 1989
Mr. Orlowski: Charles Simmons - Board to review the
Engineer's report dated December 7, 1988. Board to set Monday,
December 18, i989 at 7:50 p.m. for a public hearing on the final
maps. This major subdivision is on 57.7 acres located at
Cutchogue.
SCTM ~1000-112-1-18.
Mr. Ward: I would like to make a motion that we adopt the
Engineer's Report.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Ward, Mr. Latham, F~r. Orlowski,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Board to set Monday, December 18, 19'89 at 7:50
p.m. for a public hearing on the final maps. This major
subdivision is on 57.7 acres located at Cutchogue.
Mr. Ward: Please note that the following: The mylars are in
poor condition and are not acceptable. The firewell must be
shown on the map.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Latham,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Preliminary:
Mr. Orlowski: North Grove Estate - Board to review granting
an extension of preliminary approval, from December 5, 1989 to
June 5, 1990. This major subdivision is on 46.5712 acres
located at Cutchogue. SCTM ~1000-95-4-4.1.
Mr. Orlowski: This is the second extension and will be the
final extension.
Mr. McDonald: So moved that this be the final extension.
PLANNING BOARD 32 NOVEMBER 20, 1989
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Edwards,
Mr. Orlowski.
Mr.Orlowski: Opposed? So ordered.
SKETCH/SEQRA DETERMINATIONS:
Mr. Orlowski: John Beebe - Board to review granting an
extension of sketch approval from November l, i989 to May 1,
1990. This minor subdivision is on 97,035.00 sq. ft. located at
Cutchogue. SCTM ~1000-103-3-5.
Mr. Orlowki: Note that this is the second extension and will
be the final extension. What is the pleasure of the board?
Mr. Ward: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded to grant this final
extension. Any questions on the motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. McDonald,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Ortowski: Albert Stickne¥ - Board to make a
determination under the State Environmental Quality Review Act.
This lot line change is on 3.82 acres located at Fishers Island.
SCTM ~t000-9-6-5.3,6.1.
Mr. Orlowski: Everything is in order for a negative declaration.
Mr. Edwards: I move for a negative declaration, the reasons
being that an Environmental Assessment has been submitted and
reviewed and it was determined that no significant adverse
effects to the environment were likely to occur should the
project be implemented as planned. Because there has been no
correspondence received from the Department of Health Services
in the allotted time, it is assumed that there are no comments
or objections from that agency. Because there has been no
PLANNING BOARD 33 NOVEMBER 20, 1989
correspondence received from the New York State Department of
Environmental Conservation in the allotted time, it is assumed
that there are no comments or objections from that agency.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded.
motion? Ail those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski:
Any questions on that
Opposed? So ordered.
Robert and Phyllis Graph - Board to make a
Mr. Orlowski:
determination under the State Environmental Quality Review Act.
This minor subdivision is on 10.250 acres located at Cutchogue
SCTM $1000-84-1-10. '
Mr. Orlowski: Everything is in order for a Negative Declaration.
Mr. McDonald: I move for a Negative Declaration.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards,
Mr. Ward, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Martha HusinG - Board to make a determination
under the State Environmental Quality Review Act. Board to make
a determination on the sketch map dated January 19, 1989. Board
to set Monday, December 18, 1989 at 7:30 p.m. for the final
hearing. This lot line change is on fifty-four acres located at
Mattituck.
Mr. Orlowski: Everything is in order for an uncoordinated
review in this case. I'll make a motion for an uncoordinated
review. ' .....
Mr. Ward: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Any questions on the
PLANNING BOARD 34 NOVEMBER 20, 1989
Ayes: Mr. Ward, Mr. Laths]u, Mr. McDonald
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Board to make a determination on the sketch map
dated January 10, 1989.
Mrl Latham: I move we approve the sketch 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. McDonald
Mr. Latham, Mr. Orlowski.
0
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Board to set Monday, December 18, 1989 at 7:30
p.m. for the final hearing.
Mr. Ward: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward,
Mr. Edwards, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Hickey: I would like to bring to the board's attention
that my contract for this property has to be executed by the
first of 1990. I don't know if that will be possible or if that
is dead fish at this point.
Mr. Orlowski: It's possible. If everything is in order by the
final hearing, it could be approved that night.
Mr. Hickey: Thank you.
Mr. Orlowski: WiltiamMolchan - Board to make a
determination under the State Environmental Quality Review Act.
This minor subdivision is on 5.144 acres located at Cutchogue.
SCTM $1000-i06-1-3.
Mr. Ward: So moved for an Uncoordinated Review.
PLANNING BOARD 35 NOVEMBER 20, 1989
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Ward, Mr. Latham,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Margaret J. Gada - Board to review the maps
dated September 18, 1989. This minor subdivision is on 4.25
acres located at Fishers Island. SC~ ~1000-10-7-2.1. In
regards to sketch approval, what is the pleasure of the board?
Mr. Edwards: I think the board has had a chance to review it
a~nd I think it is in order for approval.
Mr. Ward: Second.
Mr. Orlowski: ~otion made and seconded.
motion? Ail those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. Latham,
Mro Orlowski, Mr. McDonald.
~r. Orlowski:
Mr. Orlowski:
Mr. Edwards:
determine lead agency.
Mr. Latham: Second.
Any questions on the
Opposed? So ordered.
Start Lead Agency Coordination?
Make a motion to start the coordination process to
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski,
Mr. Ward, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Jennie Harris - Board to review the maps
dated October 25, 1988~----~s minor subdivision is on 49,453
sq. ft. located at Cutchoque. SCTM $1000-96-1-18.
Mr. McDonald: I make a motion to deny the application to
subdivide a 49,452 square foot lot, located in the Light
Industrial District, into two lots of 24,502 square feet in area
PLANNING BOARD 36 NOVEMBER 20, 1989
and 24,951 square feet in area. Although approval was granted
by the Zoning Board of Appeals on June 29,1989, for insufficient
lot area and width of the two proposed parcelst the Planning
Board feels strongly that this application should be denied for
the following reasons:
As the minimum lot size for the Light Industrial District
is 40,000 square feet in area, the subdivision of land
in this manner creates two non=conforming industrially
zoned lots where one conforming lot exists.
The subdivision of land in this manner perpetuates for
the short term the non-conforming residential land use;
while the Master Plan and the zoning map advocate an
industrial use for the future.
The existing lot has the potential to be developed
in accordance with the Code, while the variance
creates two non-conforminq substandard lots which are
likely to require that further variances be obtained
from the Zoning Board of Appeals in order to be
developed under the LI zone.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded.
motion? Ail those in favor?
Any questions on the
Ayes: Mr. McDonald, Mr. Ward, Mr. Latham,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. 0rlowski: Barbara Sowinski - Board to start the
coordination process to determine lead agency and environmental
significance. Board. to make a determination on the maps dated
February 24, 1987. This minor subdivision is on 4.3075 acres
located at Cutchogue. SCTM $1000-i03-1-20.02.
Mr. McDonald: I make a motion to start the coordination process
to determine lead agency and environmental significance.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham
Mr. Orlowski, Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: In regards to sketch?
PLANNING BOARD 37 NOVEMBER 20, 1989
Mr. McDonald. I make a motion for Sketch approval subject to:
Revising the building envelope for Lot number 2 so that it is
located an additional forty (40) feet to the north from the
building envelope shown on the map dated February 24, i989.
This is in accordance with the recommendation from the Town
Trusnees in which they state that such a revision will eliminate
the need for a Wetlands Permit.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald, Mr. Orlowski, Mr. Latham,
Mr. Edwards.
Mr. Orlowski: Opposed? So ordered.
REPORTS AND BONDS:
Mr. Orlowski: Eleanor Sievernich - Board to review the
Suffolk County Planning Co~,ission report dated November 3,
1989. This minor subdivision is on 3.7648 acres located at
Mattituck. SCTM $1000-113-8-5
Mr. Ward:
following
ion
) read, No
date
~tem shall be added as follows: be no
~ision in perpetuity. Number ) the report should
~emain the same. Number ~3) of the rePOrt should'be o~itted.
The Planning Board has found no evidence that this site would
contai~ material of
value, and feels that
survey would cause UndUe hardship to
Numbers'f4, 5, and 6 of the report should remain
the same. The ~hove items shall be filed as covenants and
restrictions in the office of the County Clerk. These covenants
and restrictiOns can me modified only at the request of the then
owner of the premises with the approval of a majority plus one
of the Planning Board of the Town of Southold after a public
hearing. Adjoining property owners shall be entitled to notice
of such public hearing but their consent to such modification
shall not be required. The final map shall bear the following
note: A Declaration of Covenants and Restrictions has been
filed in the Suffolk County Clerk's office which affects lots in
this subdivision. The Liber and page number of the filed
Declaration must be included.
Mr. McDonald: Second.
PLANNING BOARD 38 NOVEMBER 20, 1989
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Latham,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Wolf Pit Associates - Board to review the bond
estimate. Board to close the public hearing which was kept open
from the October 16, 1989 hearing date. This major subdivision
is on 65.3810 acres located at Mattituck.
SCTM ~1000-107-4-2.1.
Mr. McDonald: I make a motion we accept the bond estimate.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded to accept the bond
estimate of $169,198.26 to the Town Board. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. McDonald: I move to recommend to the Town Board that this
estimate be accepted.
Mr. Edwards: Second.
Mr. Ortowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: I'll entertain a motion to adopt the draft
covenants and restrictions for the Wolf Pit subdivision.
Mr. Ward: So moved.
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. Edwards,
Mr. McDonald.
PLANNING BOARD 39 NOVEMBER 20, 1989
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Orient Park Estates - Board to review the
Suffolk County Plarn~ing Commission report dated November 3~
1989. This minor subdivision is on 16.66 acres located at
Orient.
SCTM 1000-19-1-15.
Mr. Edwards: I would like to make a motion to adopt the
following from November 3, 1989, Suffolk County Planning
Commission report.
1. The Board is overriding Number 1 of the report
The Board has required that a road to the alternate
specifications be built to provide frontage to the
proposed lots. The Board has waived the fifty (50)
foot right-of-way requirement, and has requested a
twenty-five (25) foot right-of-way in its place.
2, 3, and 4 are to remain as written.
5. is to be omitted
6, 7, and 8 are to remain as written.
9, is to be omitted.
10, is to remain as is written.
11, is to be revised so as to delete the Town Board from
the following sentence, "...a majority plus one of
the Town Board or Planning Board..." This sentence
should read "o..a majority plus one of the Planning
Board..."
12, is to remain as written.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. McDonald, Mr. Laths/n, Mr. Orlowski
Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Cornfields - Board to review the Suffolk County
Planning Commission report dated November 3, 1989. This minor
subdivision is on 20.9955 acres located at Southold.
SCTM ~1000-55-2-9.1.
PLANNING BOARD 40 NOVEMBER 20, 1989
Mr. Ortowski: I would like to make a motion to adopt the
Suffolk County Planning Board report of November 3, 1989. Note
that number i of the report requests that the maps be revised so
as to shift the lots 150+ feet to the north. This is requested
to unify the open space, and to provide the greatest distance
possible between the high tension line and the residences. CThe
Planning Board requested the 150 foot buffer of open space which
is shown on the map). Note also that the intentions for the
"out parcel" should be clearly marked on the map. Note that in
~7, the Town Board should be deleted from the sentence which
reads "...majority plus one of the Town Board or Planning
Board .... " This should read "majority plus on of the Planning
Board .... "
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. Ward,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
DISCUSSIONS/OTHERS:
A Local Law in Relation to Zoning - Board to review this
proposed local law in regard to apartments over business and
professional offices.
Mr. McDonald: Mr. Chairman the Planning Board has reviewed this
proposed local law. It sponsored this change in the law and
consequently endorses its proposal.
Mr. Ward: Second.
Mr. Orlowski: We recommend this to the Town Board for its
adoption. Any question on the motion? All those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Edwards,
Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Also, in regard to SEQRA Fees - Board to review
the Town Board's resolution of November 14, 1989. This
resolution directs the Planning Board not to process any new
applications where consultant fees are due under the SEQRA
process until they formally adopt the resolution directly and
that the fee be paid by the applicant prior to the consultant
commencing his work.
PLAArNING BOARD 41 NOVEMBER 20, 1989
Mr. Ward: That means, Mr. Chairman, that the applicant is not
paying in advance that he is just being notified in advance that
he has to pay.
Mr. Orlowski: Right, and we have to do it by resolution. We
can adopt this as policy ourselves and also tonight we can
adopt a resolution directing that the Hamlet of CutchoQ~e be
required to pay their fees in the final impact statement. Do
you want to do that tonight.
Mr. Ward: I think we have to know what the fee is first. If we
are going to adopt this and make it our policy which the Town
Board is directing us to do, the next step would be as if and
when we have an FEIS to do we should know what the fee is and
that would be in our resolution to the applicant.
Mr. Orlowski: O.K., you are right. Well for tonight we will
just adopt this as our policy.
Mr. Ward: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: C.P.K. - Board to review the request for the
change of Zone ~R-80" Residential Low DenSity (two acre)
District to "B" General Business District on Certain property
located on the easterly side of Depot Lane, Cutchogue, New
York. What is the pleasure of the board?
Mr. Ward: Mr. Chairman, I would like to provide a motion that
the Planning Board has reviewed this request and has .determined
the petition should be denied for the following reasons: (1)
Changing the zone of this parcel would be spot zoning, which is
illegal. The petitioner has had a non-conforming use on a
non-conforming lot. Changing the zOne would not be in
accordance with the Master Plan which was adOpted earlier this
year. Further, the proposed change could be construed as a
benefit to the petitioner at the expense of the surrounding
p operty owners. (2) During the drafting of the zoning map
under the new Master Plan, the Board considered changing the
zone of this property. However, the proximity of the church and
the residential and agricultural nature of the surrounding land
uses led the Board to keep the zone "R-80u. The Board's
position has not changed from that time.
PLANNING BOARD 42 NOVEMBER 20, 1989
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. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Van Duzer Appliance Co. Board to review
the request for the change of zone from "A-C" Agricultural
Conservation District to "B" General Business District on
certain property located on the northerly side of County Route
48, east of Youngs Avenue, Southold, New York. What is the
pleasure of the board?
Mr. Ward: I offer the resolution that the Planning Board has
reviewed this request and has determined that the petition
should be granted for reasons of protecting the public health
and safety. You might add that we had another alternative which
we reviewed but in looking at the applicants needs we feel that
the zone change as requested is appropriate.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Latham, Mr. Orlowski,
Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: I have nothing left on my agenda. Any questions
from the board?
Board: No questions.
Mr. Orlowski: Being no further business, the meeting adjourned
at 9:45 p.m.
Respectfully submitted,
Jane Rousseau,
Temporary Secretary
PLANNING B4DARD 43
~ OrlSwski, ~r., Champlain~
NOVEMBER 20, 1989
EIVfED~.. AND ~
~ ~g SOUTHOLD TOV~ C~
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr.. Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
MEMORANDUM:
TO:
FROM:
RE:
PLANNING BOARD OFFICE
TOWN OFSOUTHOLD
Minute List
Planning Board
Amended 11/20/89 minutes
RECEIVED
APR 7 '1990
.%u~ot~ 'r ..... ~,~,~
Date: April 27, 1990
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Enclosed please find the resolution of the March 26, 1990
Planning Board meeting amending the November 20, 1989 minutes in
reference to William Moore speaking on the fire well for High
Point III subdivision.
Encl.
APPROVAL OF PLANNING BOARD MINUTES:
Board to approve the February 13, 1990 and March 5, 1990
minutes.
Mr. Edwards: So moved.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded.
motion? Ail those in favor?
Any questions on the
Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Board.to amend the approval of the November 20,
1989 minutes. Pages 15 and 16 are to include a notation that
"there was a discussion with Mr. Bill Moore about the firewell
in reference to High Point III. This statement was left out as
the tape was inaudible at that point'.
Mr. Edwards: So moved.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Ward.
Mr. Orlowski: OppOsed? SO ordered.
Mr. Orlowski: Highpoint Section III - Board to review the
Engineer's report and the bond estimate dated October 12, 1989.
Board to review the Suffolk County Planning Commission report
dated November 3, 19B9. Public hearing on the final maps. This
minor subdivision is on 2.9189 acres located at East Marion.
SCTM 91000-31-3-11.25. We have proof of publication in the Long
Island Traveler Watchman and-the Suffolk Times. Everything is
in order for a final .hearing. (The board and Attorney William
Moore discussed the. firewells which was nou. audible due to a
malfunction in the tape recorder).
Mr. Ward: I would like to make a motion to override the
November 3, 1989, Suffolk County Planning Commission report.
The Planning Board has requested that a road be built to the
alternate road specifications, thus the subdivision will not
result in the creation of landlocked parcels. The land in
question was previously in a R-80 district. The applicant had
pursued a Change of Zone application with the Town Board for a
business zone, and had submitted a site plan application to the
Planning Board. The zoning map, which was adopted in February
of 1989, changed the zone on the subject premises to a R-40
district. Thus, the subdivision of land in the proposed manner
is not the result of a self-imposed hardship. Also, I would
like to make a motion to adopt the October 12, 1989, engineer's
report. I would also like to make a motion to adopt the bond
estimate in the amount of $55,350.00 and to recommend same to
the Town Board.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded.
motion? Ail those in favor?
Any questions on the
Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald,
Mr. Edwards.
Mr. Orlowski: Opposed? So ordered. Hearing closed.