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HomeMy WebLinkAboutPB-01/27/1986D LD Southold, N.Y. 11971 (516) 765-1938 The Southold Town Planning Board held a regular meeting on Monday, January 27, 1986 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, NY. Present were: Chairman Bennett Orlowski, Jr. Member William F. Mullen, Jr. Member G. Ritchie Latham, Jr. Member Richard G. Ward Town Planner David Emilita Planner James Bryer 7:30 Public hearing on the question of approval of the minor subdivisio of Carol Ely, Martin Kruse, et. al (survey of Elsa R. Kruse) located off Grand Avenue, Mattituck for 4 lots on 9 acres~ Mr. Orlowski: I would like to call this meeting to order. First order of business is a public hearing on the question of approval of the minor subdivision of Carol Ely, Martin Kruse, et. al. located at Grand Avenue, Mattituck. This is 4 lots on 9 acres. We have proof of publicationin the Long Island Traveler Watchman signed by Pat Wood and notorized by Barbara Forbes. We have proof of publication in the Suffolk Times signed by Mary Deegnan and notorized by Ann Abate. I will dispense with the reading of the metes and bounds if there is any problem with that, please let me know. I reviewing the file, I see that everything here is in order and at this time, I will ask if there any objections to this minor subdivision? Hearing none. Are there any endorsements of this subdivision? (none) Is there any neither pro nor con but with some information pertaining to this subdivision that may be of interest to the Board? Hearing none. Any questions from the Board, Mr. Ward, (none); Mr. Latham, (none); Mr. Mullen, (none); Mr. Emilita, (none); okay hearing no further questions, I will declare this hearing closed and thank you for coming down. On a motion made by Mr. Ward, seconded by Mr. Latham, it was Planning Board Page 2 1/27/86 RESOLVED that the Southold Town Planning Board set Monday, February 10, 1986 at the Southold Town Hall at Main Road, Southold as the time and place for the next reqular Planninq Board Meetinq. 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 set Monday, February 10, 1986 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearinq on the question of approval ofthe minor subdivision of John and Frances DiVello located at Westphalia Avenue and Meeday Avenue Mattitudk. 4 lots on 4.38 acres which received area variances from the Board of Appeals. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward The following new proposals have been set for a field inspection: 1. Richard and Anita Wilton - 2 lots on 1.847 acres at Queen Street, Greenport. 2. Russett Acres - 4 lots on 13.2 acres at Sound Avenue, Mattituck. 3, Aha G. Stillo - 2 lots on 3.2 acres off a right-of-way from Main Road, Orient. An application for this was not pending before the Board of Appeals. 4. Salvatore Catapano - 4 lots on 22.95 acres, Main Road, Southold. 5. Rosalie Gowen - lot line change for 2 lots within the subdivision of Captain Kidd Estates, located at Zena Drive Mattituck. It was noted that this proposal is currently Pending before the Board of Appeals. The Board will research to determine if the lots are merged lots, since perhaps this application should be a set-off rather than a lot-line change. 6. Joseph DeChiara - 4 lots on 6.5 acres off Main Road, East Marion. It was noted that an application had not been made to the Board of Appeals for this subdivision. Area variances would be required since the lots proposed are undersized. 7. Winds Way Buildinq Corp. - 3 lots on 13.5 acres at Linden Avenue, Cutchogue. It was noted that this area contained some marsh land and was close to the vicinityof Fort Corchogue. 8. Julius Zebroski - set-off of 40,000 square feet from 118,795 square feet. This proposal was also pending before the Board of Appeals. This is located at Bayview Road, Southold. Planning Board Page 3 1/27/86 Public Hearing on the question of approval of the minor subdivison of John and Dorothy Moeller. Mr. Orlowski: The next order of business is a public hearing on the question of approval of the minor subdivision of John and Dorothy Moeller located off Home Pike Road, Mattituck. This is 2 lots on 2.723 acres which received relief from the two-acre zoning from the Town Board. We have proof of publication in the Suffolk Times, signed by Mary Deegnan and notorized by Anne Abate, and proof of publication in the Long Island Traveler Watchman signed by Pat Wood and notorized by Barbara Forbes. I will dispense with the reading of the metes and bounds, if there is any problem with that, please let me know. (none) In review of the file, everything is in order. At this I will aski if there are any objections to this minor subdivision? Hearing none are there any endorsements of this minor subdivision? Hearing none, is there anyone here neither pro nor con but with some information or input for the Board in regard to this subdivison? Hearing none, any questions from the Board Mr. Mullen? (none); Mr. Latham? (none); Mr. Ward? (none); Mr. Emilita? (none). I will declare this hearing closed. On a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "Estate of Thomas Mrowka" located at Peconic was submitted to the Planning Board on December 13, 1984 and, filing fee of $75 was paid on December 13, 1984, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on January 13, 1986 at 7: 30 p.m., 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 "Estate of Thomas Mrowka" for approval of said subdivision plat prepared by Roderick Van tuyl dated as last amended January 16, 1985 be approved and the Chairman be atuthorized to endorse approval on siad subdivision plat, subject to the following conditions whithin six (6) months from the date of this resolution: 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized bythe Town of Southold Planning Board. 2. Should the 4.95 foot wide by 200 foot long strip of land be sold to the owner of an adjacent parcel as proposed the strip of land shall then be incorporated into the adjacent owner's parcel so that the parcel will not exist as a single, Planning Board Page 4 1/27/86 substandard parcel. 3. Clearing and grading withineachlot shall be limited to that necessary for siting and constructing ahouse with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will miimize stormwater runoff and erosion. 4. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow into the Suffolk County Recharge Basin No. So-8 adjacent to the property, and into the nearby wetlands. 5. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and deleterious materials into the adjacent county recharge basin and the nearby wetlands. 6. Conditions 1-5, inclusive, shall be filed as covenant and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Howard Hoey - The Board reviewed this subdivision proposal for two lots on 38 acres. One lot on the Main Road to be 80,000 square feet. It was noted that the survey states this is to be considered as a set-off, however, there was a previous set-off on the property, therefore this must be considered a minor subdivision. The survey also indicated an area as "reserved - 80,000 square feet" and the Board questioned the intent of the parcel. The Board questioned if the applicant was proposing two or three lots and requested clarification with regard to this. Winds Way Building Corp.- The Board reviewed this proposal for 4 lots on 11.88 acres at New Suffolk Road, Cutchogue. A field inspection of the premises had been made. The applicant had submitted revised surveys indicating the relocated right- of-way as per the Board's request. The survey also labeled the dwellings which would be removed, and relocated. 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 Winds Way Building Corp. located at New Suffolk Avenue, Cutchogue for 4 lots on 11.8806 acres, survey dated as last revised January 2, 1986. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Planning Board Page 5 1/27/86 John Zuhoski, Jr. - The Board reviewed this proposal for a set-off of 8.4 acres from 41.27 acres located at Oregon Road, Cutchogue. The Chairman Bennett Orlowski, Jr., left the room during this discussion. Mr. Mullen read a letter in the file from the applicant indicating his intent to cluster the 8 acres as a minor subdivison after it is set-off. Mr. Ward stated that the Board had previously requested clustering 4 one-acre lots and leaving 4 acres inopen space. On a motion made by Mr. Latham, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board approve the set-off (106-13) for John Zuhoski to set-off 8.4850 acres leaving 32.7877 acres located at Oregon Road, Cutchogue. Survey dated August 8, 1985 for Michael Zuhoski. Vote of the Board: Ayes: Mullen, Latham, Ward, Abstained: Orlowski On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Baord refer the site plan for Alice Hussie for the construction of a tennis and racquetball facility located at Horton's Lane, Southold, to the Building Department for certification. Survey dted as amended December 16. 1985. Vc, te of the Board: Ayes: Orlowski, Mullen, Latham, Ward Mr. John De Reeder, agent was present to discuss the minor subdivision proposal for North Road Associates. This proposal is located off a right-of-way from Main Road, Orient. Mr. DeReeder stated that when this proposal was first submitted on October 7, 1985 it consisted of 4 lots on approximately 17 acres; a four acre lot, an eight acre lot and two two-acre lots. At the Board's request the map was amended in December to be "sort of" a cluster subdivision. Mr. De Reeder stated that this is not conforming as a cluster unless the Town Attorney wishes to and apparently from the code as Mr. DeReeder interpretes it, he does have the power to determine this. Mr. De Reeded noted that this is not conforming as one of the two definitions of a cluster, the difference being the form of ownership of the large lot, the open space, which will remain open. The proposal is for three one- acre lots and the remianing property, close to 13 acre will be held in single and seperate ownership with abuilding envelope. The building envelope would restrict the residence up at the very north end of the lot. Mr. DeReeder stated that visually the affect would a four lot subdivisiOnwith open space. The applicants were seeking to sell off all the lots with one ownership. Mr. DeReeder stated that in his opinion Planning Board Page 6 1/27/86 this is a non-conforming subdivision since it does not really fit the definition of cluster and an application had been made to the Board of Appeals. Mr. DeReeded indicated that the Board of Appeals had scheduled this application for the first meeting and March and Mr. DeReeder requested that the Planning Board make a recommendtion to the Board of Appeals with regard to this application. The Chairman questioned if the large parcel would have covenants and restrictions regarding no further subdivison. Mr. DeReeder stated that it would be prohibited against further subdivision in perpetuity. The Chairman noted the corresondence in the file with this intention, however, stated that that would have to be drawn up as covenants and restrictions. Mr. Emilita stated that variances would have to be obtained prior to any Planning Board action on the substandard lots. Mr. De Reeder stated that he needed a recommendation to the Board of Appeals and understood that no action could be taken. Mr. Ward questioned why the applicants would not leave the open space as only open space since it could still be used for agriculture. Mr. DeReeder stated that his clients felt they could get a greater yield onthe property to be able to sell all the lots as building lots. He felt that four one-acre lots and open space would not attract as high a price. Mr. Latham questioned why an application was before the Board of Appeals. Mr. DeReeder stated that the plan was not a conforming cluster unless the Town Attorney deemed it to be and therefore, he was requesting a variance on the three one-acre lots. Mr. DeReeder stated that pursuant to the Code a cluster could be determined by either a homeowners association, a FHA mortgage, or by the Town Attorney. He also stated that in Town Law, the Planning Board does not have jurisdiction over ownership and visually no one would be able to tell that it is not a cluster. The Chairman requested that something be obtained from the Town Attorney in writing regarding his opinion as to whether or not this would be a cluster. Mr. Ward stated that the "spirit" of the Board's request is here except it is a question of what the Town Attorney will decide. Mr. Orlowski also stated that it will depend on the covenants and restrictions for Lot No. 4 and it woUld preserve open space as long as Mr. Tasker approves the covenants. Mr. Emilita questioned the two rectangular areas onthe northerly end of Lots 1 and 2. Mr DeReeder stated that the purpose of that was to show the intent of possibly transferring that land to the adjoining property owners to protect their views. The proposed lots are slightly larger than 40,000 square feet to allow for the possiblity of transferring some land to the neighboring house lots and still having at least 40,000 square feet. Mr. DeReeder stated that this was in the future and the Board recommended removing this from the map at this time if it was not proposed. Mr. Emilita also noted that if it is done in the furture it will have to be a lot-line change. It was the consensus of the Board to wait for advise from the Town Attorney on whether or not he wold deem this as a cluster subdivison prior to any further review or recommendations. The Chairman stated that although the concept is good and does provide for open space, he would like to see a draft of the covenants and restrictions with regard to no further subdivision. If covenants and restriction are submitted, they will also be referred to the Town Attorney for his review. Planning Board Page 7 1/27/86 Mr. James Bitses was present for an appointment to discuss the minor subdivision of Catherine Bitses, located at Main Bayview Road, Southold. Mr. Bitses stated that a right-of-way was laid out on the West side of the property. Subsequently, the neighbor to the west put in a 25' right-of-way creating a 75' right-of-way on one side of the property. Mr. Bitses stated that the neighbors right-of-way was deeded to the Town for the use of the contiguious lot owners and the public. Mr. Bitses questioned if he could re-locate the right-of-way to the easterly side of the property by shifting each lot over 25'. Mr. Bitses questioned if that was feasible and what the Board's recommendations were. Mr. Bitses also stated that this would creating a loop right of way and eliminate the cul-de-sac on the front parcel. There would be two rights-of-way, one on each side of the property of Catherin Bitses. The Board reviewed the file for "Old TownPark" which is the subdivision adjacent to this by Mr. Bitses. Mr. Bitses stated that his proposal with the rights-of-way would also solve the problem of the adjoining neighbor and access which he claims he has. The Board questioned if there was any corespondence from the neighbor regarding the use of the right of way. Mr. Bitses stated that he would contact the attorney for the neighbor and request correspondence. Mr. Bitses stated that by adding the right-of-way on the east side, all the lot lines will shift 25' to the East. The Chairman stated that upon receipt of correspondence from the adjoining property owner, the Board will review it. Mr. James Gray was present for a presubmlsslon conference to discuss his site plan located at Horton's Lane, Southold for construction of office buildings. This proposal received a waiver from the moratoriom from the Town Board. Mr. Gray explained that he was propsing two 4800 square foot buildings. The parcel is industrial and Mr. Gray wanted to create an industrial park. The buildings would be occupied by tenants, and the use would be whatever zoning permites. The proposed tenants had clean operations and would each employ approximately 8 - 15 people. The site plan indicated ample parking and landscaping. Mr. Emilita questioned the total acreage of the parcel. Mr. Gray stated that the whole parcel is 6.9 acres, and the initial development would be on 1½ acres. Mr. Ward questioned if there was any intent with regard to the remaining acreage since the proposed access extends to the rear of the 1½ acre area. Mr. Gray stated that the development will continue but there is nothing as yet proposed. Mr. Gray stated that the area of the building will not be all office space,there will be some light industry also. Mr. Gray stated that he was developing the parcel is phases and would have to come back for any approval on any further construction. Mr. Ward stated that it may be better to provide for extra parking spaces to allow for the different business which might be renting the space. Mr. Gray stated that it made by project more valuable to have parking, therefore, he would never provide less than the number of parking required. Mr. Orlowski questioned if the proposal was pending Planning Board Page 8 1/27/86 before the Board of Appeals. Mr. Gray s before the Board of Appeals for a specia of Appeals hadn't asked recommendations noted that the plan had previously been for certificatio, however, needed a spec could be certified. On a motion made by Mr. Mullen, seconded RESOLVED that the Southold Town Planning site plan for James L. Gray, Sr. to be k for construction of office buildings and at Horton's Lane, Southold, survey dated 22, 1986; subject to the following: 1. Special exception by the Board 2. Certification by the Building D Vote of the Board: Aye: Orlowski, Mulle ~ated that it is pending exception. The Board from the Board. It was before the Building Department iai exception before it by Mr. Ward, it was Board approve the nowns as "Pudge Corp." warehouse located as last amended January ~f Appeals. spartment n, Latham, Ward On a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board forward the followinq comments to the Board of Appeals for their consideration regarding the proposal for located at Southold: 1. The Board questions the availab in the area. 2. It appears that the property is 3. It is noted that the proposed z is "R-40" which permits one-acre residen proposal is to set off 23,690 square fee feet). Vote of the Board: Ayes: Orlowski, Mulle Mr. Merlon Wiggin was present for a pres to discuss the site plan for North Fork of a 50' X 90' building at Main Road, Gr received a waiver from the Town Board fo Eleanor D. Leonard ility of public water merged ~ning for this area rial lots. (this from 49,089 square n, Latham, Ward ubmission conference Nelding for construction ~enport. This application the moratorium. Mr. Wiggin stated that the proposed building is a pre-fab metal building which would be adjacent to the current building for North Fork Welding. Mr. Wiggin had written to the State Highway Department requesting permission to plant grass and trees on property which the states owns that is in front of the North Fork Welding property. Mr. Wiggin presented a copy of this letter for the file. Mr. Wiggin stated that currently there is a problem Planning Board Page 9 1/27/86 NORTH FORK WELDING CONT. - with tractor trailer trucks using this area as a turn around. Mr. Wiggin noted that the State did not maintain it and the onwer of North Fork Welding did not know if he should or could maintain it so it is a "no man's land" Mr. Wiggin stated the drainage system is currently a highWay drain which discharges back onto the applicant's property. The Highway Department said that there is no problem with continuing this so the drainage will not change and the runoff factor will change to include the new driveway and building. It was noted that the master plan proposed this area for LI, Light Industry. Mr. Wiggin expected to receive correspondence from the State Highway Department approving the drainage and other area. This proposal may need Board of Appeals approval since there is an antique shop also being operation on the site. Mr. Wiggin stated that the materials now in front of the building will be moved and the new building will match the existing building. It was the consensus of the Board to request a copy of the correspondence from the State Department of Transportation regrding the use of the drain located within the state right-of-way for drainage. On a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board forward the site plan for North Fork Welding for construction of a metal working shop located at Main Road, Greenport to the Building Department for certification. Survey dated as last amdned January 22, 1986. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Mr. Merlon Wiggin was present for apresubmission conference to discuss the site plan for Bedell Winery for conversion of an existing potatoe barn into a winery. This proposal located in an A zone is located at Main Road, Cutchogue. Mr. Wiggin stated that the interior of the building will include floor drainage, winery production and tasting area, and office area. The site was revised to incorporate parking. This winery would require a special exception from the Board of Appeals and that is pending now. The Board requested a proper site plan at 20' scale with all the necessary site plan elements. Mr. Ward commented that he would like to see rather than pavement up to the Barn, landscaping up to the barn, as a buffer. The Board also questioned the separate parcel on the Main Road and whether or not it was setoff from the farm. Mr. Wiggin explained that the applicant bought the house lot and the farm through two separate purchases. The Chairman stated that unless the lot and farm are in two separate parcels, they would be merged. Mr. Wiggin stated that he understood this and would amend the survey to show both parcels as one parcel. It was the consensus of the Board to hold any action or recommendation until Planning Board Page 10 1/27/86 the amended surveys are received. Emilia Pike - The Board reviewed this proposal for 2 lots on 90,382 square feet at Main Roard, Mattituck which received variances. It was noted that this is the second submission with regard to the property. The first proposal was denied by the Board of Appeals and the applicant's re-applied with the plan which is before the Board now. This revised plan received the necessary insufficient area variances from the Board of Appeals. Mr. Ward stated that he is in agreement with the set-off however he does not agree with the lot width on Main Road. He recommended that the applicant revise the plan to include 125' on the road. It was also recommended that a common driveway be established in order to evenlysplit the land. It could be developed with the same lot square footages, however, the lot width would be wider for the Vacant lot proposed. These recommendations will be forwarded to the applicant. John and Oliva Fellinger-Ihar - The Board reviewed the file for final action on this major subdivision to be known as Woodbine Manor, for 17 lots on 20 acres. John and Oliva Fellinger-Ihar were present. Mr. Fellinger-Ihar stated that they had completed all the improvements on the subdivision roads which were requested. It was noted in the file that the fire well was also installed to the satisfaction of the Fire District. A report was on file from the Engineer stating that the roads were in good condition, however, were not built to Town specifications. Providing the roads remain private, this would be accepted. However, if the roads are ever dedicated tothe Town, they would have to be brought up to the Town specificiations. On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "Woodbine Manor" located at Cutchogue was submitted to the Planning Board on February 3, 1984 and filing fee was submitted, and, WHEREAS, a public hearing was held o siad subdivision application and plat at the Town Hall, Southold, New York, on November 5, 1984 at 7:45 p.m., 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 "Woodbine Manor" for approval of said subdivision plat prepared by Howard Young dated as amended June 27, 1983 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject Planning Board Page 11 1/27/86 to the following conditions to be completed within six months form the date of the resolution: 1. A notation on the survey that the roads are private and will have to be improved to the Town Specifications if they are to be offered for dedication to the Town. 2. An updated endorsement on the survey from the Suffolk County Department of Health Services. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, ON a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board refer the site plan for Southold Quarry for construction of an addition to be used for stroage located at North Road, Southold to the Building Department for certification. Survey dated as amended January 21, 1986. Vote of the Board: Aye: Orlowski, Mullen, Latham, Ward Homestead Acres - The Board reviewed this cluster subdivision at County Route 48, Greenport. This subdivision had proposed a road onto County Route 48, however, the County had denied the curb cut permit. A report from Highway Superintendent was submitted for the file. The Chairman read the report which follows to wit: "Dear Mr. Orlowski: I ahve reviewed the above plans and profiles as follows: (a) The profiles, with elm±nation of the road connection to County Route 48, are the same as originally submitted and area cceptable. (b) There are now 16 lots in the subdivision. Some of the lots have been changed as to location and areas as shown on prior plans. Lot No. 16 is increased from 25,000 S.F. to 54,506 SF Lot No. 3 is now shown between Lot No. 16 and the Park Area. This reduces the Open Speace to 1.79 acres. Prior plans called for 2.7 acres of Open Space. (c) The original location and area of Lot No. 3 and Lot NO. 17 (also shown as Open Space on other plans) together with a length of 222 ft.± of 50 ft. ROW and amounting to 1.632 acres is shown on the Amended Map as "To Town of Southold". I do not think the Town should be interested in having title to this property and would recommend that it be shown as additional Open Space. (d) The northerly entrance and exit via Inlet Pond Road into this subdivision will requie some additional road work. Inlet Pond Road is in the Eastern Shores subdivision and is paved about halfway between Westwood Lane an dWillow Lane in Homestead Acres. The present pavement onthis section of Inlet Pond Road appears to be pulvermix with a width of 18 ft. ±. This additional paving should be brought to the attention of this Homestead Acres developers Respectfully yours, Raymond L. Jacobs, Superintendent of Highways." Planning Board Page 12 1/27/86 On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board accept and request compliance with the report of the Highway Superintendent Raymond Jacobs dated January 17, 1986 with regard to the amended survey for Homestead Acres. Vote of the Board: Ayes: 0rlowski, Mullen, Latham, Ward Richmond Creek Farms - The Board reviewed this proposal for a cluster subdivision on 49 acres at Main Road and Wells Road, Peconic. The Planning Board had granted approval of the sketch map for this proposal with a condition that the maps be amended to eliminate the "T" intersection. In the mean time, the applicants have made application to the Town Trustess for a docking facility. The plan which the Board had acted on did not show any docking facility and the Trustees had received a survey indicating the proposed docking facility and relocating the open space from the location where the Board had approved it. It was noted that an application had also been made to the DEC. On a motion made by Mr.Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board rescind the resolution of sketch map approval dated November 20, 1985 (survey dated October 15,1985)for the major subdivision of Richmond Creek Farms located at Peconic. Vote of the Board: Ayes: Orlowski~ Mullen, Latham, Ward Bernard and ElizabethJane Rousseau - The Board reviewed the correspondence from the applicants for this subdivision. The Board had approved this set-off at Alvah's Lane, Cutchogue with a condition that there be no further subdivision in perpetuity. The applicant's felt that since the Master Plan proposed this area for 40,000 square foot lots and the lots were greater than that, they wanted to have the opportunity to come back in for future subdivision. On amotion made by Mr. Latham, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board rescind condition No. 1, with regard to covenants and restrictions, from the resolution of approvalfor the set-off of Bernard and Elizabeth Jane Rousseau. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Planning Board Page 13 1/27/86 Coster Funeral Home - The Board discussed the request of the applicant, Mr. Coster, to improve the parking area with stone blend until such time as the asphalt plants begin operation in the Spring. It was the consensus of the Board to recommend that Mr. Coster be given permission to surface the parking area with stone blend temporariliy. There was discussion with regard to a covenant and restriction reverter clause which would provide that the open space revert to the Town if a Homeowners Association, who would be maintaining the open space, goes bankrupt. Itwas suggested that this be discussed with the Town Attorney. Also, there was the question of covenants and restrictions against further subdivision in perpetuity. David Emilita will check out Southampton's Ordinance. Mr. Mullen introduced discussion with regard to a right-of-way at Nassau Point which goes down to the water. He noted that one of the neighbors moved a large boulder in front of the road so that others could not pass. However, the property owners association owns this. Being no further discussion to come before the Board, on a motion made by Mr.Mullen, seconded by Mr. Ward, the meeting was adjourned at 9:20 p.m. Respectfully submitted, Southold Town Planning Board Bennett Oflo~ski / Jr.~, ~2hairman RECEIVED AND FInD BY T~:~ SOUTHOLD TOWN CT.F, PJ~