HomeMy WebLinkAboutPB-07/27/1987 L~D
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Southold, N.Y 11971
(516) 765-1938
PLANNING BOARD MINUTES
July 27, 1987
The Southold Town Planning Board~%held a regular meeting
on Monday, July 27,1987 at 7:30p.m. at the Southo!d Town
Hall, Main Road, Southold, NY 11971.
P~esent were:
Chairman Bennett Orlowski, Jr.
Member William F. Mullen, Jr.
Member G. Ritchie Latham, Jr.
Member Kenneth Edwards
Member Richard G. Ward
TOwn Planner.Valerie~Scopaz
Planning Consultant James Bryer
Secretary Diane M. S~hultze
Executive Administrator, Victor Lessard (8:15)
7:30 p.m. P~blic Hearing on the question of approval of
the final maps for the major subdivision~of Papadopoulos
and Maragos located at Kenney~s Road, Southold for five
lots on 14 acres, SCTM ~ 1000-56-3-17
Mr. Orlowski: I would like to open this::mee~i~g with the
public hearing on in the question of the final maps of the
major subdivision of Papadopoulos and Maragos ~ocated at
Kenney's Road, Southold. This is 5 lots on 14 ~acres.
We have proof o~ publication in the Suffolk Times sig~ed
by Gerry Paglia~o~and notorized by Mary Deegnan and we
have proof<~Qf publication in the Long Island Travelsr Watchm~nn
signed by Pat Wood and notorized by Barbara Forbes. At
this time e~rything is in order for final hearing and I
will ask if there are any objections to this major subdivision?
Hearing none. Are there any endorsements of this major
subdivision?
Mr. Bruer: Yes, Rudolph Bruer, on behalf of the a~plicant.
I would just like to state that since early 1985 that we
started here, I think all the arguments have been proponed
and I would request that the Board consider those and please
grant the application.
Planning Board Page 22 ~/27/8~7
Mr. Orlowski: Okay,
Mr. Bruer: If there any questions, I would be happ~ to
go on with it but I think we really answered it over the
years.
Mr. Orlowski: Okay, any other endorsements of this subdivision?
Hearing none. ~s there anyone out there neither pro nor
con but with information pertaining to this subdivision
which may be of interest to the Board? Hearing none. A~y
questions from the Board? Mr. Mull~n, none; Mr. Latham,
none; Mr. Edwards, none; Mr. Ward, none; Ms. Scopaz, none.
Okay, being no further questions I will deca~eathis hearing
closed and thank you for coming.
SCTM # 1000-40~3-6 * * * * * * * *
Mr. Orlowski: Okay, 7:45 p.m. Public hearing on the question
of approval of the minor subdivision for Richard C. and
Anita ~. Wilton located at Queen Street, Greenport for 2
lots on 1.8 acres with a variance form the Baord of Appeals.
W~ have proof of publication in the Suffolk Times, signed
by Gerry Pagliaro and notoriz~d~y Mary Deegnan. We have
proof of p~blicationiin~%he LOng Island Trav~&er watchman
signed by Pat Woods and notorized by Barbara Fobbes. At
this time everything is in order for a final public hearing
on this minor subdivision add I will ask if there a~ any
objections to this minor subdivison? Hearing none. A~e
thereaany endorsements of this minor subdivision?
Mr. Wilton: I am Richard Wilton and I would be happy to
answer any questions anyone may have.
Mr. Orlowski: I assume that you are in favor.
Mr. Wilton: Yes, I am.
Mr. Orlowski: ~s there anyone cout there neither pro nor
con!bht with information pertaining to this subdivision
which would be of interest to the Board? Hearing non~. Questions
from the Board, Mr Mullen, none; Mr. La,ham, none; Mr. Edwards,
non e; Mr. Ward, ~one; Ms. Scopaz, none. No questions no
further comments, I will declare this hearing closed and
thank you for coming.
On a mo%ion~sde by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board approve the
minutes for therregular meeting of July 16, 1987.
Vote of the Board: A~es: Orlowski, Mutlen, Latham, Edwards, Ward
Planning Board
Page 3 7/27/87
Irwin Thompson lot line change - SCTM ~ 1000-63-3-8 - Mr.
Gar~ett Strang, architect, was present. Mr. Strang explained
to the Board that this p~oposal has received a variance
from the Board of Appeals for the insufficient side yard
which would be a result of the lot line change. See appeal 93629.
On a motion made by Mr. Ward, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the
lot line change for Irwin&$ondra~Thom~n~ SCTM~1000~63-3-8,
located at Main Road, survey dated April 20, 1987 to merge
3004.5 square feet from other land of Thompson, said 3004.5
square,feet not to be considered a separate building lot,
subject to:
1. A minimum 50 ft. side yard distanc~ between the existing
and ne~ building and any further ~roposed buildings (s)
on the vacant parcel to the east, SCTM ~ 1000-63-3-9.
Vote of the Board: Ayes: O~lowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Latham, seconded my Mr. Edwards, it was
RESOLVED that the Southold Town Planning Board accept and request
compliance with the report of David Emilita, Planning Consultant,
of Szepatowski Associates, with r~qard to the Draft Ehvironmental
Impact Statement submitted for the ma~or subdivision of
Richmond Creek Farms, SCTM # 1000-86-1-9, said report from
Mr. Emilita dated July 8~ 1987.
Vote of the Board: Ayes: Orlowski, Mutlen, Latham, War~ Edwards
D~aniel Jacoby - SCTM ~ 1000-121~t-p/o 5 - The Board set
this new prgposal for 4 lots~on 10 acres located at Laurel
Lake, Laurel for a field inspection.
On a motion made by Mr. Mullen, seconded by Mr. La,ham, it was
RESOLVED that the Southold Town planning Board override
the resolution of the Suffolk County Planning Commission
with regard to the minor subdivision of Winds Way Building
Corp., located at Linden Avenue, Cutchogue, SCTM~ 1000-116-1~8,
pursuant-cto the request of the attorney for the applicant
due to the fact that the maps have been amended to indicate
a flag lot which the County favors.
Vote of the Board: Ayes: O~lowski, Mullen, Latham, Ward, Edwards
Planning Board Page 4 7/27/87
Francis F. Adams - Mr. Thomas McVann, e~q. was present for
the Board's review of this lot line change proposal located
at Fishers Island (East End) SCTM # 1000-3~3~3. Mr. Edwards
explained to the Board that in DeCember 1986, the Board
had granted a change to the lot line and now the applicant
was requesting a secohd lot line cha~ge. Mr. Edwards stated
that in the December approval, the layout straightened out
the lot and each lot was in conformance with the proposed
three-acre zoning for this area of the island. Mr. Edwards
stated that the current proposal would leave one lot being
just over two acres. Mr. Edwards stated that he had conducted
a second inspection, and he was not in favor of granting
this proposal. Mr. McVann stated that he had written~ the
Board a lengthy letter with regard to the reasons behind
this request and stated that it does comply with the current
zoning, and requires no variances what so ever. Mr. McVann
stated that the first applicant was done to "create" three
lots for the purpose of utilizing the ~hree homesites that
were there under the Olmstead Plan. Mr. McVann stated that
the first application did not have lot lines wi~h any idea~.~
o~ ~h~e ~he homes woud be pt&ced~because no architectural
work had been done, and no application had been made to
any other agency such as the D~partment of Environmental
Coservation (DEC). M~. McVann stated that to have the applicant
re-draw the lot lines would be onerous when they now h~ve
a map with all of the other approvals. Mr. McVann stated
that the first map which the Board approved did not satisfy
the requirements of the DEC, and many of the other agencies
involved. Mr. Edwards q~eStioned what Mr. O'Brisn pl&ns
to do wi~h~lot No. 3. Mr. McVann stated that Mr. O'Brien
has no particular plans for Lot No. 3, however, there is
an existing pond on Lot No.3. Mr. McVann stated that they
had been to the DEC to obtain approval to construct~.on Lot
No. 3 and the building ~r~a is very Circumscribed because
of the freshwater wetlands. ~Mr. McVann stated that he felt
thattthe lot lines would be an arbitrary because they would~v
ha~e_no more than two houses on six acres, which would be
the effect of three acres lots. Mr. Edwards questioned
if Mr. O~Brisn would consider giving lot No. 3 as Qpen space.
Mr. McVann stated that he would have to discuss this matter
with Mr. O'Brien, howe~er, he has been told by the DEC that
he has approval to buildaalthough the envelope is somewhat
circumscribed. Mk. McVann stated that they building department
had also reviewed this matter and stated no ~bjection for
the lot with the main house and cottage house, and a ~uilding
permit~had been obtained for both lots with the map proposed.
Mr. McVann stated that the building d~partment was aware
that it was pending before the Board. Mr. Edwards recommended
holding any action until it is researched with the Building
Department with regard to the buildng permits issued. Mr.
Ward sta~ed that he would also,like a response fromtthe
applicant with regard to lot no. 3. Mr. Orlowski questioned
if they had anything in writing from the DEC with regard
to the permit on the lots. Mr. McVann stated that he had
submitted~all of that 2information, and he presented the
Planning Board Pge 5 7/27/87
Adams, cont.
map which the DEC had endorsed which was a photocopy. Ms.
Scopaz stated that th~ DEC permit is only for lot No. 1.
Mr. McVann stated that he had received two building permits
and there was a mortgage from the bank on them on which
the applicant was paying interest. Mr. Edwards stated that
he ls~not infavor of this, but would hold it over for further!~
research. This proposal will be held over until the next
regular Planni~g~Board meeting.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED 'that the Southold Town Planning Board forward correspondence
to the Building Department questioning the building permits
sai~.~ to be issued on the Francis ~. Adams property located
at Fish,rs Island~ SCTM # 1000-3-3-3.2
Vote of the Board: Aye: Orlowski, ~ullen, Latham, Ward, Edwards
On a mo~ion made by Mr. Edwards, seconded by Mr. Latham, it was
RESOVLED that the Southold Town Planning Board approve the
lot line change for Olof Nelson located at Fish~rs Island,
(EaSt End) SCTM ~ 1000-10-5-1~to merge .28 acres from land
of Fishers Island Development Corp., (FIDCO) to land of
Olof Nelson and said .28~acres not to be considered a separate
building lot; subject to:
1. Receipt of a copy of the contract from FIDQO to
Nets~n~ith regard to this land transaction.
2. Receipt of three20riginal surveys dated January
24, 19~9 titled "Plan of property to be conveyed to
Olof Nelson" for the Chairman's endorsement.
Vote of the Board: Ayes: Orlowski, Mullen, latham, Ward, Edwards
On a motion made by Mr. Edwards, seconded by Mr. Latham, it was
RESOLVED that the Southold T~n Planning Board approve the
lot line change fo~Raymond B. Gary located at F~shers Island,
(East End) SCTM ~ 1000-4-5-1.7 ~nd 2.2 to merge .19 acres
from land of Fi~s Island Development Corp., (FIDCO) to
land of Raymond B. Garry said ~9 acres not ~o be considered
a separate building lot; ~ubject to~
1. R~ceipt of three 9riginal ~u~ueys dated October
14, 1986 titled~Fishers Island Development Corp. to
Raym0nd B. Gary~for the Chairman's endorsement2
Vote of~th~Board: Ayes: Orlowski, Mullen,Latham, Wa~d, Edwards
Planning Board Page 6 7/27/87
The Fields at Mattituck e~-(Maunsbach/Le~ds)- The Board reviewed
this subdivision - Phase 1 - for 3 lots~_~on ~0 acres at Bergen
A~enue, Mattituck, SCTM # 1000-113-2~1. Town Planner Scopaz
stated that she had reviewed this proposal with~he<~agent
and recommended that the Board grant approval to ~hase..~
I. She stated that in Phase 2, the road will be extended
to property of Cooper with a temporary cul-de-sac and th~
lots a~ong Bergen Avenue are off the road to create a buffer
along Bergen Avenue.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the
sketch map for Phase I of the major subdivision for Maunsbach
and Leeds to be know~ as The Fields at~Mattituck for 3 lots
on 60 acres, SCTM ~ 1000-113-2~1; survey dated as amended
June 27, 1987.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards
Abstained: Ward
Plum Gut Propsr~ies, et. al. - The Board reviewed this proposal for
4 lots on 15.6 acres at Main Road, orient, SCTM # 1000-18-3-9.1.
Town Planner Scopaz stated that she had spoken with the
applicant's agent and it was agreed that the 50' strip of
land abutting Main Road would not be used for~ingress and
egress, only the right-of-way would be used for that purpose.
The right-of-way will also be extended an additional 80'
so that i~at some point in the future~.~here~is~additional
access, Mr. Ward stated that he ~ould like to see building
envelopes on the lots as well.
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
REsoLVeD that the Southold Town Planning Board approve the
sketch map for the minor subdivision of Plum Gut Properties,
et. al.., SCTM ~ 1000-18-3-9.1, for 4 lots on 15.6 acres
at Main Road, O~ient, survey dated December 18, 1985; subject
to :
1. Exte~Qing..~the ~ight~6f=way~80!~to<the~property
line.
2. No access over the 50' strip abutting Main Road.
All access to the lots will be over the right-of-way.
3. Buildi~g~envelopes to be indicated once,he lots.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Planning Board Page 7 7/27/87
~rshamomque~Island - The Board r~viewed this proposal located
at Southold, SCTM # 1000-52-7-1 formerly Philip and Sharyn
Ofria~ now owned by Shal~tte. Mr. Rudolph H. Bruer, Esq.
was present as attorney for the new owners. Mr. Bruer had
submitted correspondence for~ the file requesting an extension
on the conditional final approval. This would be the third
extension. Mr. Bruer stated~that an extension was requested
in order to complete the conditions of the final approval.
TOwn Planner Scopaz stated that she had reviewed this matter
and discussed it with the Town A~torney. Ms. Scopaz stated
that the Board is constrained in its ability to resp6nd
to the request for an extension because the Board has already
granted two 90-day extensions on the conditional final
approval. Ms. Scopaz sta~d that the Town Attorney had
informed her that the Board can ont~ extend conditional
final approval for a total of two ninety day periods.
Ms. Scopaz stated ~h~t under State Law, Section 276 Snbsection 4 and 5,
Board can not grant a third extension ona~s conditional
final approval. Ms. Scopaz stated~hat the owner will have
to now submit a new final application which would be proeessed
as the prior one. The proposal previously submitted is
not effectively invalid. Ms. Scopaz stated that if ~he
Board is in favor of the o~d layout which had received conditional
approval then they can recommend to the applicant that the
new application be the same as the previous one. Mr. John
W. Davis had submitte~ a repgrtron the right-of-way improvements
and Ms. Scgpaz stated that the Board could accept and request
compliance with this report at the time of the new application.
~r. B~er stated that his clients purchased the property
from Mr. and Mrs. Ofrias by way cf three deeds; however,
Mr. Bruer stated that ~he ScLallete's ~nderstand %hat the~
only had one parcel of property even though there were three
deeds since it was not a~approved subdivision. Mr. Bruer
stated tha~ his clients were contemplating if they even
wanted to maintain the subdivision but he felt that it would
not be wise to give up a subdivision which has been pending
for some time. Mr. Bruer stated that he understood that
it was the Board's policy to require that ~he road be improved
prior tocgranting the subdivision, however, Mr. Bruer stated
that he wo~d ask the Board to waive this requirement with
very specific restrictions on what cou~dLbe done with the
property. For example, covenant and restrict on record
that the property could not be subdivided or sold as parcels
without having the road~installed, because he knew that
the B~&rd was concerned with having p~oblems with developers
selling the 10ts and not putting i'~ithe roads as promised~
Mr. Bruer stated ~hat he was concerned that his clients
would not have enough time to make a decision with re~ard
to this. Mr. O~!owski stated that if covenants and restrictions
were prgpgsed the Board would have to have th~maahd review
them with the Town attorney.~ Mr. Ward stated that there
is also the problem of access over someone else's property
to get into the subdivision. Mr. Bruer stated that he was
aware of this and felt that the 28~-a access granted by
the Board of Appeals for the one house should be good even
though they are proposing three lots. Mr. B~uer stated
Planning Board Page 8 7/27/87
this would be addressed. Ms~ Scopaz questioned if Mr. B~uer's
client would be adverse to_posting a letter of credit or
a bond if the Boar finds that the Covenants and restrictions
are a problem or cannot be accepted legally. Mr. Bruer
stated that while he did not think his clients would be
adverse to this he would rather no~ if he could tie it up
another way. Mr. Mullen suggested that Mr. Bruer look in
to the surety situation. Mr. Bruer stated that he would
look into this matter with regard to the extension and discuss
same with the T~wn Attorney, Frank Yakaboski.. Mr. Brue~
noted that the subdivision had received all the other necessary
approvals.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold T'own Planning Board approve the
site plan for "The Cove" located at Main Bayview Road, SouthQld,
SCTM ~ 1000-87-5-20, for construction of 33 condominium
units, sit eplan dated as revised January 13, 1987 subject
to:
1. Completion of the drainage review by Engineering
consultants, Sidney Bowne and Son and satisfactory
compli&nce with same by the developer.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Latham, seconded by Mr. Ward, it was
RESOE~ED that2~the South61d Town Planning Board authorize
the Chairman to re-endorse the site plan for Gardiner's
Bay Condominium located at Gre~nport. (T~is plan was previously
approved and endorsed and is nnder construction, howeVer,
the County Clerk's office would not accept the map for filing
sin~e the dated endorsement was out dated.)
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Ward, sec0nd~d by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board ~et Monday.,
AUgUSt 10, 1987, at 7:30 p.m. at the Southold Twon Hall
Main Road, Southold, as the time and place for a public
hearing on the~2~ m~aps for the major subdivision
to be known as "Cedarfiel~s" located at Greenport; 84 lots
on 26.4 a~res in the affordable housing district, SCTM 1000-48-5-!.
Vote of the Board: Ayes: OrloWski, Mullen, Latham, Ward, Edwards
Planning Board Page 9 7/27/87
Thorton Smith - The Board reviewed this sketch map for 35
lots on 81 acres including a parcel to be conveyed to John
Simicich and parcel to be conveyed from Simicich to Smith,
SCT~ ~ 1000-121-1-1 , p/o 9. Mr. Niel Smith, Mr. Charles
Cuddy, esq. representing John and Catherine Simicich, Mr.
and Mrs. John and Catherine Simicich, and Howard Young,
surveyor were present. It was noted that Mr. Simicich had
agreed that on the parcel he was to acquire from Mr. Smith
that he would have only two residential structures. Mr.
Orlowski went through the procedures with the applicants.
He stated that since there were three applications made,
one for Simicich and two for Smith (set-off and Ma~or),
the Board would proceed with the set off for Smith, the
minor subdivision for Simicih and then the ma~or subdivision
for Smith. It was agreed that the covenants and restrictions
onthe parcel to be acquired by Simicich would be submitted
as part of the set off for Smith since thi~ was the parcel
affected. ~.
On a motion2made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold T~wn Planning Board approve
the sketch map for the major subdivision of Thorton Smith,
for 35 lots~on 81 acres located at Sound AVenue, Mattituck
SCTM ~ 1000-121el-1 p~o 19 including parcel to be conveyed
to Simicich and parcel to be acquired from Simicich.
Vote of the Board: Aye: Orl~wski, Mullen~.~Latham, Ward, Edwards
The Board questioned Executive Administrator, ~ictor Lessard,
with regard to the Building permits stated to be issued
on the~property of the Adams lot line change proposal at
Fishers Island, (see page 4,). Mr. Lessard stated that he
will research this matter and if building permits were issued,
he will void them and send the Planning Board a copy.
Mr. Edwards commended the Planning Board on their recent
trip to Fishers Island and the help there were with regard
to a proposal which needed to be reviewed since it was started
without a si~e plan.
The Board discussed with Executive ~dministra~or, Victor
Lessard, the ¢onst~ction of additions and renovations to
a gas station at Mattituck which was being done without
a site plan to the Board. Mr~L~ssard stated that these
additions were being made to conform to a State Code, however,
he had advised the owners with regard to a site ~lan and
conforming with oth~r~requests and if something was not
done he would close the operation down until there was compliance.
PlanKing Board
Page 10 7/27/87
There was also Board discussion with regard to the Mobil Gas
Station recently constructed at Peconic on Route 48. The
Boar~.was concerned because there~rwas no compliance with
shielding the lights and they were selling food, beer, hoisery,
and other items in the~mini mart" which the Board had not
approved as part of the site plan. The Chairman stated
that any additions, even a canopy which would be constructed
over the pumps should come before the Planning Board as
a site plan. Mr. Lessard stated that this was a requirement
of state law and it had to be complied with, Ms. Scopaz
stated that when peQple make applications to construct a
canopy they should be informed that they will need a site
pl&n before the Planning Board.
Mr. Kenneth Edwards brought the Board.~up to date on the
affordable housing project at Fishers Island. He stated
that the Civic Association has purchased property and proceeding.
The Chairman stated that the PLanning Board will make every
efforttto work with the Civic Association in their goal
for affordable housing.
K~os Site Plan - It was noted that the site plan is not
in compliance with what was appro~ed~b~ the Board. The
Building Department stated that there were~no certificates
of occupancy issued for this proposal and ~he Planning Board
had not made an inspection to date. T~e Chairman abstained
from any discussion ~ith regard to this matter since he
is related to the applicants.
The Chairman introduced discussion with regard to addressing
the code provision ~for cul-de-sac length. He stated that
it is presently requirers, that the cul-de-sac not exceed
800'. Mr. Orlowski stated that something must be revised
shortly since there are many lots in the Town which will
have poor development layout if this is not revised.
It was also discussed that the engineering firm~ Sidney
Bow~s, and Son wou~d be forwarding a recommendation for
specificationsaon access roads within minor subdivisions.
It was felt that the minor subdivsion roads should be similiar
to major subdivision roads with underground utilities. The
Board will proceed on%this upon receipt of the memorandum
form Sidney Bowne and Son.
Planning Board
Page 11 7/27/87
Being no further business to come before the Board, on a
motion made by Mr. Ward, seconded by Mr. Latham, and _carried,
the meeting was adjourned at 8:47 p.m.
Respectfully s~bm~itted,
// /// // // ~,ane M. S~hultze, Secretary
~~~~/~~/Southold Town Planning Board
~'Be~n~e~t Oflo~ki, Jr. , C~irman
RECEIVED AND ~ BY
THE SOUTHOLD TOWN CLERK
DATE