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HomeMy WebLinkAboutPB-07/06/1987Southold, N.Y. 11971 (516) 765-1938 PLANNING BOARD MINUTES The Southc July 6, 19 Road, Sout Present we Bennett Or William F. July 6, 1987 kd Town Planning Board held a regular meeting on Monday, 97 at 7:30 p.m. at the Southold Town Hall, Main ~old. 'e: .owski, Jr., Chairman ~uilen, Jr., Member G. Ritchie Latham, Jr., Member Richard G. Ward, Member Valerie Scopaz, Town Planner Robert Brown~ Sidney Bowne and Sons, Engineering Consultant Diane M. Schultze~ Secretary Absent: Kenneth Edwards, Member due to illness Victor Lessard, Executive Administrator, due to illness On a motion made by Mr. Latham, seconded by Mr. Ward, it was i~ESOLVED that the Sou~hold Town Planning Board set Monday, July 27, 1987 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. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Latham, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board approve the minutes of the regular meeting of June 15, 1987. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Planning Board Page 2 6/15/87 On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board approve the minutes of the reqular meetinq of December 8, 1986. Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board accept and request compliance with the May 5, 1987 correspondence received from Highway Superintendent Raymond L.Jacobs with regard to the sketchplan dted as amended April 9, 1987 for the ma~or subdivision of Hodor/Staller to be known as "East Marion Woods" (SCTM ~ 1000-31-1-5.1) Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Latham , seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board refer the site plan for Thompson's Emporium for construction of a 40' x 50' retail building located at Main Road, Southold to the Building Depart~ent for certification; survey dated as amended July 2, 1987. (SCTM ~ 1000-63-1-8) Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the minor subdivision for Winds Way Building Corp., located at Linden Avenue, Cutchogue for 4 lots on 13.5 acres, survey dated as amended NOvember 25, 1986 subject to: (SCTM ~ 1000-116-1-8) 1. Amending the surveys to reflect a flag lot rather than the right-of-way as shown. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve th9 minor subdivision of Winds Way Buildinq Corp., located at New Suffolk Avenue, Cutchogue for 4 lots on 11.88 acres, survey dated as amended January 2, 1986 (with right-of-way extended to the norther edge of property including Lot No. 4) subject to: (SCTM ~ 1000-116-1-1) Planning Board Page 3 7/6/87 1. Prior to the issuance of a building permite, the applicant shall submit the following: A. A survey showing the proposed building footprint, the existing and proposed grading on the iste. The survey shall be sent to the Town Engineer or duly appointed consulting firm) for review and approval prior to issuance of any construction approvals. B. A description of how construction will be undertaken so as to prevent soil erosion or silting of same into the wetland area. 2. The right-of-way shall be constructed to Town standards. 3. There shall be no fill placed on site. 4. There shall be no disturbance to vegetation or topography within 75' of the meadow line. 5. No building permits shall be issued until all the road improvements have been installed to Town standards. 6. The above noted conditions shall be stated on-'the map. V( O] te of the Board: Ayes: Orlowski, Mullen, Latham, Ward a motion made by Mr. Ward, seconded by Mr. Mullen, it was ~ SOLVED that the Southold Town Planning Board override the r~solution from the Suffolk County Planning Commission with r~gard to the set off for Helmut Mass located at County Route 4t, Peconic, pursuant to the request of the attorney for the at,plicant. (SCTM ~ 1000-69~4-2.1) V( C! fc MI Fc oi ~te of the Board: Ayes: Orlowski, Mullen, Latham, Ward arles Bowman - Planning Consultant, David Emilita, had ~viewed the Long Environmental Assessment Form for this proposal ,r 2 lots on 7.02 acres located at Main Bayview Road, Southold. · . Emilita had prepared Part II and Part III of the Assessment ,rm and submitted same to the Board for acceptance. Based . a previous Board resolution of June 1, 1987, the applicant .s advised to prepare and submit a Draf~ Environmental Impact .atement. The Part II and III outlined others areas to be addressed by the impact statement, to determine if the proposal will work. SCTM ~ 1000-76-3-34.2,3; 1000-78-7-3,4,5) On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board accept and request compliance with Part Ii and Part III of the Long Planning Board Page 4 7/6/87 Envirionmental Assessment Form prepared by Planning Consultant, David Emilita, with regard to the minor subdivision for Charles W. Bowman located at Main Bayview Road, Southold. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Wards On a motion made by Mr. Latham, seconded by Mr. Mullen, it was WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor subdivision of Robin A. R~ae~and Mark Elizabeth Murphy, was submitted to the Plannfng Board on February 23, 1~, and re-submitted on April 14, 1987 by way of correspondence from the attorney for the applicant, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, -Main Road, Southold, New York on June 1, 1987 and re-convened and closed on June 15, 1987, and WHEREAS, the requirements of the Subdivision Regulations of the Townof Soutohld have been met by said subdivision Plat and application, NOW, THEREFORE, BE IT RESOLVED, that the application of Robin A. Raeburn and Mary Elizabeth Murphy for approval of said subdivision plat prepared by Roberick Van Tuyl, P.C. and dated September 26, 1979 be approved and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision plat. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Latham, seconded by Mr. Ward, it was (SCTM # 1000-125=1-2.9) WHEREAS, a~ formal application 'for the approval of a subdivision plat entitled Minor Subdivision for David Saland and Luis San Andres was submitted to the Planning Board on January 20, 1987 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Main Road, Southold, New York, on June 15, 1987 and, WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision Plat and application, NOW, THEREFORE, BE IT RESOLVED, that the application of David Saland and Luis San Andres for approval of said subdivision plat prepared by Howard Young and dated as last amended March 7, 1987 be approved and ~hat the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions as recommended by Town Planner, Valerie Planning Board Page 5 7/6/87 Scopaz and accepted by the Planning Board, to wit: 1. Receipt of a revised map showing location of freshwater wetland on propoerty and metes and bounds description of same. - -- - 2. A Declaration of Covenants and Restrictions shall be filed in?'~the Office of the County Clerk stating: A. That the four (4) tots shown and designated on the subdivision map for David Saiand and Luls San Andres shall not be further subdivided. B. That Lot ~4 shall have a conservation easement on ~he property from the 40' contour line northward to the marsh. ~he terms of the easement are as follows: ' a. No structure of fill or septic system : shall be palced within this area. b. There shall be no clearing, cutting, or regrading within this~a~-- Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the site plan for Sal Prato for construction of an electrical contractor's building located at Kerwin Blvd, as certified by the Building Department and approved by the Town Trustees, subject to the following conditions as recommended by Town Planner, Valerie Scopaz and accepted by the Planning Board, to wit: (SCTM ~ 1000-53-2-6) 1. The submission of a revised site plan indicating the following: a. Location of existing drainage pipeleading from catch basin across the street to the wetland at this site. b. Landscape plan for the site which meets with the Planning Board's approval. c.A statement that there will be no outside storage of materials. d. The site plan shall be signed and stamped by a licensed surveyor or engineer. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Planning Board Page 6 7/6/87 On a motion made by Mr. Latham, seconded byMr. Mullen, it WaS RESOLVED that the Southold Town Planning Board set Monday, July 27, 1987 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the final maps for the major subdivision of Papadopoulos and Maraqos located at Kenney's Road, Southold for 5 lots on 14 acres. SCTM # 1000-59-3-17) Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board recommend to the Town Board that the proposed "Local Law in relation to Zoning", Sections 100-30A (2) and 100-119.3, with regard to deleting the term "commercial" from the agricultural district and adding a section to provide for the maintainance of stormwater on property be approved. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward on a motion made by Mr. Latham, seconded by Mr. Ward, the following action was taken: NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRIONMENT Pursuant to the provisions of Article 8 of the Envirionmental ConservationLa%~ Part 617 of Title 6 of the New York State Codes, the Southold Town Planning Board, as lead agency, does hereby determine that the action described below is a Type I and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION: This proposal is for a realty subdivision of 40 lots on 96 acres located at Main Road, East Marion, Suffolk tax map no. 1000-22-3-19.3 and 15.1; applicant is Harold Reese. REASONS SUPPORTING THIS DETERMINATION : 1. The Office of the Ecology, a Division of the Suffolk County Department of Health Services, as an involved agency recommends a positive declaration pursuant to SEQRA. 2. The site contains more than 12 acres of pristine intertidal marsh adjacent to Dam Pond. 3. The site contains three species of birds which are listed by the NY State Department of Environmental Conservation as endangered, threatened or of special concern. Each of these Planning Board Page 7 7/6/87 species is exclusively piscivorous and clearly benefits from the finfish production associated with the existing marsh. 4. Lots 91 through 4 contain steep bluffs facing Long Island Sound. Undisturbed, the vegetated bluffs represent a valuable natural feature because they provide nonstructural shoreline stabilization benefits to the property. 5. There is concern with inclusion of low-lying beach areas Within the designated property boundaries of Lots 91 through 13. These ares are highly dynamic and subject to coastal erosion hazards as a result of natural and manmade forces. Such erosion can result in extensive damage to property and natural resources. Inclusion of such areas within delineated property boundaries often encourages structural development, which may needlessly compound natural resource impacts and property loss due to coastal erosion. 6. The subject parcel is one_of Southold's-largest _ undeveloped properties adjacent to Long Island Sound. It contains substantial number of sensitive natural features, including: ~pproximately 2,000 linear feet of shoreline, bluffs, tidal ~etlands, freshwater ponds and highly irregular topographic relief. 7. The subdivision design does not propose sufficient ~rotection of the sensitive natural features on site. A detailed ~nalysis of the property and its natural features is necessary achieve a design which best mitigates potential impacts the site's extensive natural resources. 8. There is concern with regard to maximum protection f tidal wetlands and freshwater ponds; and retention of contiguous Dpen space and ecological diversity. 9. There is the possiblilty of an archaeologic impact ~hich is of concern and should be addressed. 10. The Town of Southold Trustees are concerned with the ~ehicular access to the property since as proposed it is within ~heir jurisdiction. They request that the road be moved so as to ~ g~e of the land under Trustees jurisdiction. 11. The Town of Southotd Trustees are concerned with access ~o the pond and recommenda foot path for limited access to ~he pond by pedestrians, only. ?urther information may be obtained by contacting Diane M. ~chultze, Secretary, Southold Town Planning Board, Town Hall, Main Road, Southold. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Planning Board Page 8 7/6/87 On a motion made by Mr. Latham, seconde~ by Mr. Mullen, the following action was taken: | WHEREAS, Harold R.Ree. se,has applied t6 the Southold Town Planning Boar--~-~--~a--~y subdivision for 40 lots on 96 acres at Main Road, East Marion, tax map no. 1000-22-3-19.3 and 15.1, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That pursuant to the provision of Article 8 of the Environmental Conservation law,; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Planning Board, aslead agency, does hereby determine that the action proposed is Type I and is likely to have a significant effect onthe environment. 2. That the Planning Board shall fil~ and circulate such determination as required by the aforementioned law, rules, and code. 3. That the Planning Board immediately notify the applicant, HaroldR. Reese, of thisdetermination, and further request said applicant to prepare a Draft Environmental Impact Statement in accordance with the scope and conte~ts required by the Planning Board and Planning Consultant, David Emilita, all in accordance with said law, rules and code. Vote of the Board: Ayes: OrloWski, Mullen, Latham, Ward Landmark Preservation Commission - The Board reviewed this for recommendation to the Town Board, on this Local Law. The Town Board had held a public hearing on this matter. Mr. Orlowski stated that as a member of the Code Committee he had sat in on the discussions and personally felt that the law was too restrictive since it is not a voluntary program. Mr. Ward stated that he was for the prop Mr. Latham agreed stating that he was o what to do, however, the Town has lost in the last few years. Mr. Ward stated in the law that the the property could were to be sold or changed, however, he point that this would not happen. Mr. £ the Landmark Preservation ~ommission was thel~n, dmarks, however, to get someone ir osed Local Law and posed to telling people lot of historic buildings that there was a provision e condemned if it felt froma practical rlowski felt that fine to designate to the program who did not want to be on it or could not afford to be on it was too much of a burden. Mr. Orlowski alsq felt that the appeals process proposed was tough,and alot of ~imes older people live in the homes and it would be a hardship for them. Mr. Latham stated that there were alot of homes torn down and altered so that they lose~ the historical value and the Hartranft house was torn down and no one was living in it. Mr. Mullen agreed with Mr. Orlowski stating that the public has a right to do what they want with their homes, and he did not feel that the proposed local law would hold up in court if challenged. Plant 7/6/87 Landn It w~ to rE ing Board Page 9 ~ark Preservation Commission - s decided that since the Board did not have a consensus fer comments to the Town Board their comments would be addrgssed individually. Mr. Orlowski and Mr. Mulien were not ~n favor of the proposed Local Law while Mr. Ward and Mr. Latham were in favor. L & R Vineyards/ Richard Cart - (SCTM ~ 1000-101-1-3; 1000-100-4-p.o6) The Board reviewed this propsoal for a change of zone from "A-R't to M Light Multiple located at the corner of Elijah's Lane and County Route 48, Mattituck. The Town Board had referred this matter to the Planning Board for thei~ review and report on r~commendations. Mr. Ward stated that ne felt the Planning Board should have more information before a response is given to the Town Board. Mr. Ward's main concern was the Health Department Apprcval and just exactly what Health Services would approve on t~e current M zoned parcel located at New Suffolk Avenue, whic~ would determine the density on that site. Before any thine is transferred off that site, in terms of development rights, to any other lot in the Town an established density for that particular parcel must be proven. Mr. Ward felt that until that yield is established the zone change before the Board at this time is just a concept. Mr. Mullen c~ncu~red however, he felt that it would set a bad precedent to swap zoning. (Mr. Carr had proposed to develop the property on Eiijah's Lane and County Route 48 into Multiple DWellings and would then withdraw the pending plan for Multiple Dwellings on his property at New Suffolk Avenue, Mattituck if all was approved by the Town for this proposal). Mr. Orlowski stated that he felt that with all the work done on the Master Plan and the designation of the agricultural conservation district this proposal, which would be in the middle of the agricultural conservation district, wouid~ greatiy impact the area. ~ Emilita ~a~dc~hat on the~face of it,- it is spot zoning. Mr. Emilita also stated that it is linked as one of a possible number of alternatives to the proposal located at New Suffolk Avenue, Mattituck; however, in order to properly consider the proposal the Board has to look at this property at County Route 48 and Elijah's Lane and the "Norris property" located at New Suffolk Avenue together to determine what would be the environment impact of considering such an action. Mr. Emilita, who was at this time in the middle of the SEQRA process on the New Suffolk Avenue,"Norris Property", felt that the proposed change of zone now pending was far too pre-mature at this time to seriously consider. Mr. Emilita stated that in the Envim onmental impact Statement for the proposal on the "Norris Property" at New Suffolk Avenue, Mattituck is the place to consider the proposed change of zone as recently submitted. Mr. Emilita stated that considering each project separately will mean two impact statements under the State EnvironmentaZ Quality Review Act. Mr. Emiiita stated that there is no reason for ~lan~ing Board Page 10 7/6/87 ~e-zoning farmland into Multiple zoning unless there is some )ub±~c benefit and at this time he could not see any public )ene~it. Mr. Orlow=ki~ stated that he would like to send all )f t~e Board's comments to the Town Board on the proposed ~hange of zone Mr Ward stated that he is not in a positign ~o make a recommendation either way on this proposa~ w~thout ~ore information. He cautioned the Board against making a ~ecommendation based on opinion and rather than facts and ~igu~es. Mr. Orlowski stated that as a member of the Farmland ~reservation Committeewhichhas recently purchased the farm ~long side of the one proposed for the change of zone this )roposal would impact that. Mr. Ward stated that it might be )ossible to save more farmland if this is carefully considered. )n a motion made by Mr. Orlowski, seconded by Mr. Mullen, .t was ~ESOLVED that the Southold Town Planning Board forward the ~oll0wing comment~ an~ rec~qmmendation~ t__o th~ Towq Bgar~ for ~he qhange of zone proposal from"AR" to "M" Light Multiple ~oca~ed at County Route 48, and Elijah's Lane, Mattituck for ~ichard Carr/ L & R Vineyards: i. More information is needed to carefully consider this proposed change of zone, specifically whether water and sewer approval from the Suffolk County Department of Health Services has been received for that property located at New Suffolk Avenue, Mattituck, known as the "Norris Property" with regard to that pending site plan. 2. This proposal will impact the farmland since it is in the middle of the farmland and agricultural conservation district as indicated on the Land Use Plan and p~oposed Zoning Map. 3. This will set a precedent for future requests to transfer zoning in other areas of the Town. 4. This is a pre-mature application and should be addressed as one of the alternatives in the Draft Environmental Impact S~atement to be submitted as required for the pending site plan for the "Norris Property" at Mattituck. 7ote of the Board: Ayes: Orlowski, Mullen, Latham, Ward )n a motion made by Mr. Ward, seconded by Mr. Mullen, it was {ESOAVED that the Southold Town Planning Board accept the nemorandum from Planning ConsUltant, David Emilita, of Szepatowski ~ssociates which de~ermines that the ~ ~=t~_Env~ir nmen~a~ ~t ?atement ~D~_~_l~Q~t--~e~Certar ~ _~: / n-__ ~-Q~ ~ ?ro~_Q~ (affordable' housi~q!:pr.oposals) a~e ~~ ~dacuateL-for re~ei%~. '(SCT~ ~i~1000'40-5-t) VOte oi the Board: Ayes: ORlowski, Mullen, Latham, Ward ?ianning Board Page 11 7/6/87 )n a motion made by Mr. Ward, seconded by Mr. Mullen, it was ~SO~VED that the Southold Town ~lanning Board set Monday, ~uguSt i0, 1987 at 7:30 p.m. at ~he Southold Town Hall, Main {oad~ Southold as t~e time and place for a public hearing )n the public comments with regard to the Draft Environmental ImpaCt Statement and Supplement for the Cedarfields/Mooresland ~fforadab!e Housing/TownHouse propsais. (SCTM ~ 1000-40-5-1) ;ote of the Board: Byes: Orlowski, Mullen, Latham, Ward )n a motion made by Mr. Ward, seconded by Mr.Mullen, it was ~ESO~VED that the C]~airman of the Board be and hereby is authorized ~c s%gn the final s~.te plan for the Breakers at Lands End (SCTM# [000J35-1-25), dated December 1986, indicating final site ~!an approval by this Board pursuant to Chapter 100 Section ~i00~130 and follow~ng of the Town Code of the Town of Southold, ~ubjgct to the ~wne~/deve~oper of the aforesaid project consenting ~o f~rther engi~eering review with respect to the proposed ~rai~age facilities and ~urt~er subject to ~he owner/developer consent to and cooperating ~ith continuing on-site inspections and engineering reviews ~uring the course of construction and ~ubjgct further to ~he consent of the owner/developer to pay ~he expenses and disbursements of such engineering review ~nd inspection by engineers designated by the Planning Board )f the ~own of Sout~old at a cost not to exceed $25,000 which ~onsent shall be in writing, and ~urther subject to the road width being twenty eight feet (28') as previously discussed and agreed to by the owner/developer. ~ote of the Board: ~es: Orlowski,Mullen, Latham, War~ Mr. Latham, seconded byMr. Mullen, it Dna motion made b~ as ESOLVED that the )uthold Town Planning Board set Monday, luiy 27, 1987 at 7:45 p.m. at the Southold Town Hall, Main Road, Southold as t~e time and place for a public hearing Dn the question of approval of the minor subdivision for R~chard and Anita Wilton (SCTM ~ 1000-40-3-6) located at ~ueen Street, Greenport, containing 1.8 acres. ~ote of the Board: Ayes: Orlowski,~ullen, Latham, Ward Planning Board Page 12 7/6/87 Being no further business to come before the Board, on a motion made by Mr. Latham, seconded by Mr. Mullen, and carried, the meeting was adjourned at 8:15 p.m. Respectfully submitted _~ /-QDiane M. Schultze, Secretary ~/ ~/outhold Town Planning Board Bennett Orlb%s~i, Jr.-, Cha~ma !