HomeMy WebLinkAboutPB-11/23/1987Sou£hold, N.Y. 11971
(516) 765-1988
PLANNING BOARD MINUTES
November 23, 1987
The Southold Town Planning Board held a regular meeting on
Monday, NOvember 23, 1987 at the Southold Town Hall, Main
Road, Southold at 7:30 p.m.
Present were:
Bennett Orlowski, Jr., Chairman
William F. Mullen, Jr., Member
G. Ritchie Latham, Jr., Member
Richard G. Ward, Member
Kenneth Edwards, Member
Valerie Scopaz, Town Planner
Victor Lessard, Executvie Administrator
Diane M. Schultze, Administrative Assistant
7:30 p.m. Public hearing on the question of approval of the
preliminary maps for the major subdivision of Henry Arbeeny
located at Kenny's Road and County Route 48, Southold.
SCTM ~ 1000-59-7-31.
Mr. Orlowski: Okay, I would like t~o call this meeting to order.
First order of business is 7:30 p.m. public hearing on the question of
approval of the prelminary maps for Henry Arbeeny located at Southold.
We have proof of publication fn the Long Island Travler Watchman signed
by Pat Wood and notorized by Barbara Forbes. I have proof of publication
in the Suffolk Times, signed by Christina Contento and notorized by Mary
Deegnan. Everything is in order forthe preliminary hearing and I will
ask if there are any objections to this subdivision? Hearing none. Are there
any endorsements of this subdivision?
Pat Moore, Esq: Mr. Arbeeny is here and we are here if the Board has
any questions.
Mr. Orlowski: Any other endorsements~of this subdivision? Hearing none.
Anyone out there neither pro not con but may have some information pertaining
to this subdivision which may be of interest to the Board?
Ms. Scopaz: I would just like to suggest to the Board that on this particular
subdivision there are three commercial lots, 4, 5, and 6 which but up
to Lot No. 3 whether the Board might consider putting up a permanent buffer
Planning Board Page 2 11/23/87
Ms. Scopaz: in there between the residential lots and the commercial lots,
something like a 10 or 20' conservation easement maybe to be maintained
by both lot 3 for lots 3,4,5, and 6 that when the residential sites are
developed the adjoining property owners isn't negatively impacted.
Mr. Orlowski: Okay, anyone else.
James Mulhall: I would lust like to know where the proposal is located.
Mr. Orlowski: On Kenny's Road and County Route 48.
Mr. Mulhall: I am an adjacent property owner. (Mr. Multhalt stepped forward
to review, the subdivision map. Ms. Scopaz reviewed her prior comments.)
t would endorse that also.
Mr. Orlowski: Okay, any other comments. Hearing none. Any questions
from the Board, Mr. Multen, none; Mr. Latham, none; Mr. Ward, none;
Valerie, none; okay, no further comments, I will dclare this hearing
closed and thank you for coming.
Golf View Estates
SCTM # 1000-35-2-p/o 16
Mr. Orlowski: Next order of business'is a 7:45 p.m. public hearing on the
questionof approval of the minor subdivision map.of Golf View Estates
located at East Marion. We have proof of publication in the Suffolk Times
signed by Christina Contento and notorized by Mary Degnan and we have
proof of publication in the Long Island Traveler Watchman signed by
Pat Woods and notorized by Barbara Forbes. At this time everything is
in order for the public hearing and I will ask i~ there are any objections
to this minor subdivsion? Hearing none. Are~there any endorsements to
this minor subdivision?
Mr. Henry E. Raynor, Jr.: Mr. Chairman, members of the Board, my name
is Henry Raynor, and I am the agent for Golf View. This is a four lot
minor subdivision located at the east side of Island's End Golf Club.
The plan before you was submitted in January of this year, the Board
field inspected in February, the subdivision received sketch plan
approval in March, the Department of Transportation granted a curb cut
to the applicant in June of this year and in October of this year the
Suffolk County Department of Health Services approved this map. Presently
we are awaiting the water contracts from the Village of Greenport that
are with the Village attorney. I believe all the elements of the
subdivision regulations have been met I would request approval of this
subdivision. Thank you.
Mr. Orlowski: Any other endorsements of this subdivision? Hearing none.
Is anyone out there neither pro nor con but may have information pertaining
to this subdivision which may be of interest to the Board? Ms. Scopaz?
Ms. Scopaz: I would just like to bring to the Board's attention the
latest memo that was received the the Town engineer which made a suggestion
forrth~ Board to consider. The drainage calculations for the road were
based on a blue stone gravel road. And, it stated that if theIBOard were
to require theroad to Town specifications at 22' and require asphalt
Planning Board Page 3 11/23/87
Ms. Scopaz: paving that the drainage calculations wautd~ have to be revised
to accomodate the increased runoff, The Board has not made a determination
one,-way or another and I am just bringing this to your attention.
Mr. Orlowski: Okay, any other comments. Hearing none, any questions from
the Board? Mr. Mullen, None; Mr. Latham, none, Mr. Ward?
Mr. Ward: I just think~that the Board should determine the position on
the right-of-way and improvements to the right-of-way and make our position
to be the 22' of development, there may be some room to shorten this road
with a cul-de-sac rather than exactly the way it is shown, rather with
the possiblity of flag lot or something or have a turnaround.
Mr. Orlowski: Any other comments? Mr. Edwards, none; Valerie, do you
have nomments? (none) Does the Board want to make the determination that
it be 22'~to Town specs? I think we brought that up before Mr. Ward.
Does the applicant have any problems with 22'?
Mr. Rayno~: No, Mr. Chairman, as a result of that being a dead end street
up there there is no problem withthe 22'. We are of the changes in the
specifications and the contractor has been so advised with =egard to the
change of bluestone to asphalt.
Mr. Orlowski: Okay, being no further questions or comments, I will declare
this hearing closed, and thank you for coming down.
On a motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board-'~set Monday, December 14,
1987 at 7:30 p.m. at the Southold Town Hall as the time and place
for the next regular Planning Board meeting.
Vote of the Board: Ayes: Orlowski, MuIlen, Latham, Ward, Edwards
On a motion made by Mr. Edwards, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board approve the minutes of
the regular meeting of November 14, 1987.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
ON a motion made by Mr. Edwards, seconded by Mr. Ward, it was
RESOLVED'that the Southold Town Planning Board set Monday, December 14,
1987 at 7:30 p~m. at the Southold Town Hall as the time and place
for the public he~ing on theqquestion of approval of the minor subdivision
for Verentoitis, et. al., SCTM # 10000-54-3-2!.1.
Vote off,he Board; Ayes: Orlowski, Mnllen, Latham, Ward, Edwards
Planning Board
Page 4 11/23/87
Mohring Enterprises at Mattituck
$CTM ~ 1000-113-7-19.2.
Mr. Orlowski: Board to authorize the Chairman to endorse the minor subdivision
map for Mohring Enterprises located at Mattituck. Everything is in order,
this is for a set off on that piece of property at County Route 48.
Ms. Scopaz: One thing, I don't know if it is too late to dd this, but
you might also want to consider the same type of buffering ~hat~'would
be the same as for the Arbeeny property for this one also on the two portions
of the business property that~hbuts residential property.
Mr. Orlowskt: Right, I think we might want to consider that, we can also
consider that on the site plan or onthe subdivision since this one is
altread~What is the Board's pleasure?
ON a motion made by Mr. Multen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board authorize the Chairman
to endorse thm set off for~Mohring Enterprises located at Mattituck.
SCTM # 1000- 113-7-19.2
Vote of the Board; Aeys: Orlowski, Mullen, Latham, Ward, EdwaCds
Husing - Nature Conservancy
SCTM ~ 1000~t26'7--~8L and 9
Mr. Ortowski: Next, we have Nature Conservance, Mrs.~Husing, Board to
take action on the lot line change located at Main Road, Mattituck. I
believe everything is in order at this time. What is the Board's ~teasure.
Mr. Ward: What was the purpose df that?
Mr. Orlowski: Public access to get to the property owned by Nature Conservancy
over~the remaining property, from the Main Road, so they are not landlocked.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the lot line change
for Martha Husing/Nature Conservancy to convey a 30' strip 319.13 feet
long fro~_~th~prpperty of Husing to the property of the Nature Conservancy
located at Main Road, Mattituck, survey dated as amended April 1, 1986,
SCTM # 1000-122-7-8 and 9~
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards~
Tyler Automotive - The Board will hold over discussion on this site plan
and recommendation on the issuance of a certificate of occupancy since
a site inspection' of thepproperty had not been conducted.
Planning Board Page!5 11/23/87
Ana G. Stilto
SCTM ~ 1000-14-2-26.
Mr. Orlowski: Next, we have Ana~G. S~illo, Board to review this minor
subdivision and the decision of ~he Board of Appeals with regard to the
right-of-way access. Proposal is located at Orient.
Mr. Ward: Mr. Chairman, I think on thislpa~ticutar subdivision we should
ask the appilcant to show us the~proof ~r right-of using the right-of-way
to the easterly part of the_property. We should have permission from
the owners.
Mrs. Pat Moore, Esq. I think I should speak on that one. The right,of way,
the one that provided access across the property, we have a problem with
that in that in order to get approval f~om o~her property owners, it would~-~'~
require us to notify all the people within that right-of-way which would
be an enourmous burden to put an applicant through particularly when he
wuld have access over another right-of-Way.to the south'~of the property.
We checked with the title company and it is my understanding it would
be an incredible job to go through it and try to get that application.
Mr. Ward: How is lot one serviced?
Mrs. Moore: I don't have a file with me, so if I could review a survey,
I don't recall the chauges. Oh, I am sorry, I.am looking at the wrong
one. I am wrong.
Mr. Ward: It looks like you intend to use the right-of-way on the easterly
side of the proper~y.
Mrs. Moore: Right.
Mr. Ward: We need proof that you can use it.
Mrs. Moore: We have it, we submitted a,copy of the deed for the subdivision
file. It shows that we,'are permitted to provide access to no more than~'~
two lots, if it not in that deed it appears on the Brokaw which I believe
we also gave you a copy of that~in the Brokaw file.
Mr. Ward: Alright, but you do have right.
Mrs. Moore: Oh, yes, by way of the deed. We could not give access to
more than two lots.
Mr.'Ward: Is that right-of-way used for other lots?
Mrs. Moore: I believe that Brokaw is served by that same right~of-way.
I apologize for the confusion.
Mr. 0rlowskI: I have a copy of the deed, I am not going to go through
it.
Mrs. Moore: If we have to , we will send you another copy~
Mr. OrlowskI: No, just a question on your appeal to the Zoning Board.
Planning Board
Page 6 11/23/87
Mr. Orlowski: I assume you are approving access to those two lots over
the right-6~vway.
Mrs. Moore: They have given 280-a access over the other side, which
we then had to go back to the Zoning Board and say, Zoning Board I known
you gave us access on the westerly right-of-way, however, we are going
to be using the easterly right~of-way and we wouldn't be here if they
haven't given us permission so I believe they granted permission.
Mr. Orlowski: Okay, I am not quite sure that I understand a~.~far as what
the Zoning Board has put down here, but maybe I need a little more studying.
But, now that we know that you are going to guarantee access over it.
Mrs. Moore: We wouldn't be allowed to use it if we didn't have access.
Mr. Orlowski: You will have improve it too. Okay.
Mrs. Moore: I believe it was,Mr. Price, at one time had represented Brokaw,
and I believe it was in the process of given building permits, or c.o.~s
over there it was subject to final ap. proval of the improvements. I believe
there~was a final inspection~ I known'that a coup!e~'~oi months ago it
was inspected~
Mr. Lessard: If yon call me at 10:00 a.m. tomorrow, I can give you a more
definite answer.
Ms. Scopaz: Who actually owns the right-of-way. Is it ac~uatly a separate
piece or does it run across other people's property.
Mrs. Moore: I really don't know it really. It may be part of Brokaw's
property as a flag piece or it may be over other property. This whole
piece was one large piece of property which was split into two, Brokaw
has one and Stillo had the other so it may be just a right-of=way versds
a flag lot.
Ms. Scopaz: Is Stillo actually the owner or whether it was broken up...
Mrs. Moore: Well, it would be subject to a right-of-way and they would
desccibe the right-of-way. As I recall that is the way they describe the
right-of'~way, it is not metes and bounds description which would say hhat
it is a separate piece of property. It is subject to a 20' right-of,way.
Ms. Scopaz: Who actumlly pays the taxes on the right-of~way?
Mrs Moore: I have a feeling that it may be part of Sledjeski's property.
That his property is made subject to a right-df-way.
Ms. Scopaz: I guess if we get a copy of the deed .and go through it.
Mrs. Moore: We will call Diane tomorrow and verify that yon have a copy
of the deed, if you don't we will supply it. I know that this question
has been raised a couple of times, so I am sure we have it.
Mr. Orlowski: Right, there may be one, but anyway. The Board has approved
this back in gune~?~ 29, approved and authoriz~d~he Chairman
to sign subject to the following conditions within six months from the
date of ~h~ resolution: One, receipt and compliance with the resolution
Planning Baord
Page 7 11/23/87
Mr. Orlwoski: of the Suffolk County Planning Commission and Two approval
of the access road improvements as< per the Board of Appeals decision of
April 2 which was jumt amended. So, we would have to amend this resoution
or rescind this resolution and make another resolution. And, this resolution
would be subject to receiving the deed and I belive the County Plan~ing
denied it, but we overr~de it, and subject to road improvements to Town
specifications.
Mr. Latham: Is there a time limit on it.
Mr. Orlowksi: Well, th~ original approval was in Jun~.
Mr. La, ham: Well, it is togehher as long as the questions are answered
and the two questions are whether they have access to and if they do,
they have to comply with the Town specification. Now, may I h~ve that
motion to rescind that motion of J~ne 29.
Mrs. Moore: Can I make one comment. Town Specifications - the road was
improved to 280-a requirements by Brokaw.
Mr. Orlowski: That approval no longer ~xists, we have to have improvements
as per the Town specifications.
Mrs. Moore: So, you are going to override the 280- a and require subdivision.
Mr. Orlowski: I am going to override this resoution and this resolution
was subject to Suffolk County Planding ......
Mr. Lessard: Who handled the road?
Mrs. Moore: I think the road is in the Zoning Board's domain~ So, I am
not sure.
Ms. Scopaz: The Z/Oning Board decision that~we have does not reference
the Brokaw decision.
Mr. Orlowski: Technically, it is out of the ~ubdivision, so the Zoning
Board handles that. It appears in their decision that they handed it
back to us.
Mrs. Moore: But, they make it subject to Planning Board improvements.
Mr. Orlowski: W~e~you at the Zoning Board hearing?
Mrs. Moore: Yes, I don't recall that being the way they ....
They still discuss 280-a, that is Zoning Board.
Mr. Orlowski: 280-a is access, they are the Zoning Board, they grant
a~cess over it, but it appears that they are saying to us, if we approve
of the access or the improvements.
Mrs. Moore: I have a feeling I will have to go back to the Zoning
Board for clarification.
Mr. Orlowski: I will hold this up decision on that until you want to
clear this up. If they are saying tht to us, there is only one way with
this Board and that is to Town Specification. They appear in this decision
Planning Board
Page 8 11/23/87
Mr. Orlowski: to be doing that.
Mrs. Moore: Maybe it should be interoffice, maybe the Planning Board should
ask the Zoning Board to clarify it.
Mr~ Orlowski: Well, we can hold it, if we make approval it will be subject
to our conditions.
Mrs. Moore: Why don't we hold off until the next meeting, because it it
too unclear.
Mr. Ortowski: Okay.
Samuels /Steelman site plan
SCTM # 1000-109-1-23
Mr. Orlowski: Next we have Samuels/Steelman, site plan for an Architect's
Office located at Cutchogue. The final plans are in, the drainage review
has not been done since the Town Board has run out of money to pay the
engineers. Everything appears to be in order. I can not tell you if the
calculations are right, we can do it subjecttto and wait, who knows maybe
next week we can have the review.
Mr. Ward: Have the plans be changed as per our request.
Mr. Orlowski: Have you review this Valerie.
Ms. Scopaz: Yes, the map incorporates all th~ comments that were requested
bythe Board. They show the entire piece of property including the residentially
zoned piece of property and they show an asphalt driveway up to the parking
area next to the barn, as requested by the Board, with six parking spaces
behind the barn and the eliminationof the front parking area which they
had brought in as one of their revisision. So, the plan basically conforms
to everything we asked for.
Mr. Ward;Okay, we should grant final approval subject to drainage review.
Ms. Scopaz: It would have to be subject certification by Victor.
Mr. Lessard: This is an amended site plan, not a new one and the prior
one was certified.
On a motion made by Mr. Ward, seconded by Mr. Mulleh~ it was
RESOLVEDthat the Southold Town Planning Board approve the site plan for
Samuels/Steelman for an Architect's Cffice located at Cutchogne, site
plan dated NoVember 16, 1987 including supplemental plan dated as
amended November 24,. 1987, subject to review and consideration of comments
with regard to the drainage calnclations. SCTM ~ 1000-109-1-23.
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Planning Board
Page 9 11/23/87
Pindar Vineyards Site Plan
SCTM # 1000-85-2~15
Mr. Orlowski: Next, we have Pindar, Board to make recommendation to the
Building Department with regard to the ~ssuance of a~certificate~of occupancy.
Ms. Scopaz: I went out in the field because they had called the office
to ask for~some kind of guidance to find out if they were on the right
track. They put loose asphalt but it hasn't been rolled in the property
loction were we requested that parking be placed on the southern end of
the parking. The only thing that has not been completed is that portion
of the parking lot has not been rolled or paved and the wooden post that
we had requested be put around the tree to protect ~he tree has not been
done and the concrete curb stops have not been placed. So, that is where
it is at. So, I will call to let them know that they are on the right
track and the parking lot conforms to the site plan and to have them le~
us know when it is finished.
Mr. Orlowski: Do you want to wait.
Mr. Ward: Yes, wait until it is done.
Being no. further business to come before the Board~ on.emotion made by
Mr. Mullen, seconded by Mr Latham, and carried, the ~eeting was adjourned~
at 8:14 p.m.
Following the meeting, Mr. Michael Hall approached the Board. Mr. Hall
stated that he was the attorney representing Mr. Harold Reese with regard
to the major subdivision of Hill crest Estates, Section I located at Orient.
Mr. Hall questioned the Board's policy with regard to the recommendation
on the issuance of certificates of occupancy for vacant lots as well as
building permits prior to completion of all improvements. Mr. Orlowski
stated that the Board. is waiting for the completion of the fire well
which~they feel is the most important improvement for the health,safety
and welfare of the people to be in the subdivision. Mr. Orlowksi stated
that the Town Attorney had been consulted and the Board could go along
with issuance of vacant land certificate's of occupancy however, there
would e no builidng permits. The Board stated that the certificates of
occupancy would stipulate that there would be absolutly no building permits
until the improvements have been completed and approved by the Board.
Mr. Hall stated that this would not be a problem and he would contact
his client, Mr. Reese to explain~this.
Mr. Samuels approached the Board to question the engineer's review and
the status of their site plan approval. Mr~ W~rd stated that a review
could be made in the office and they should contact the Board.
Planning Board
Page 10 11/23/87
en~tt Orlo~w~ksi~-Jr% ,~rman
Respectfully submitted,
~a~n~ ~. S~ary
$outhold Town ?lann±ng Board