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HomeMy WebLinkAboutPB-03/03/1986T( S1 D 5outhold, N.Y. 11971 (516) 765-1938 The Southold Town Planning Board held a ~eqular meeting on Monday, March 3, 1986 at 7:30 p.m. at the Southold Town Hall. Present were: Chairman Bennett Orlowski, Jr. Membe~William F.-Mullen, Jr. Member Richard G. Ward Member G. Ritchie Latham, Jr. Member Kenneth Edwards Planner James Bryer Executive Administrator Victor Lessard 7:30 p.m. Public hearing on the question of approval of the minor subdivision of Howard Young located at Orient, 3 lots on 5.334 acres. Mr. Orlowski: In review of the file we have proof of publication in the Suffolk Times, signed by Mary Degnan and notorized by Margaret A. Young we have proof of publication from 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. In reviewing the file, everything is in order and I will ask if there are any objections to this subdivision. Hearing none. Is there anyone in favor of this subdivision? Hearing none. Is there any one neither pro nor con but with some information which may be of interest to the Board. Hearing none, any questions from the Board? Mr. Ward, none, Mr. Edwards, none, Mr. Latham, none, Mr. Ward, none. Being as there are no further comments, I will close this hearing and thank you for coming down, whoever came down. Mr. James Homan was present for a presubmission conference to discuss the site plan to be known as "Braun Oyster Company" located at Main Road, Cutchogue. Mr. Mullen abstained from any discussion regarding this proposal because his family is involved with the business. Mr. Homan was proposing to construct an addition on the existing building to be used for office and retail. The area currently being used for office and retail will Planning Board Page 2 3/3/86 be used for storage area. Mr. Homan stated that he had submitted site plans With all the required information. The use was in place prior to zoning so it is pre-existing. Mr. Homan stated that the proposed addition would be in keeping with the character of the area. The Board had no questions with reguard to this proposal, at this time. On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board set March 24, 1986 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next reqalar meetinq. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board set March 24, 1986 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for a public hea~inq on the question of approval of the minor subdivision of Mark and Katherine Markiewicz to be known as "Markiewicz Estates", ~located at Mill Road, Mattituck for 4 lots on 9.0146 acres. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards East Marion Woods The Board reviewed the sketch map submissions for this major subdivision at East Marion. The attorney for the applicant, Mr. Irving Price was present. In the file the applicant had three 'different sketch maps and David Emilita, Town Planner, had requested that the Board indicate which plan they were in favor of so he could proceed with the review and the applicant could proceed with the subdivision. Mr. Price presented to the Board the sketch map which the applicant was in favor of which showed 25 lots on 60 acres with the average lot size 62,500 square feet. Mr. Emilita could not be present and there were no notes in the file. The Chairman noted that the proposal was basically a cluster, however, the lot size was large. He stated that if the lot size was reduced to one acre, there would be more open space. Mr. ward stated that he only just looked at this today and requested time to review the file and discuss the subdivision with Mr. Emilita. It was the consensus of the Board to make a field inspection of the premises, review the file and meet with the applicant at a later date. ( This file is in pending litigation; the sketches submitted were a compromise to the litigation) Planning Board Page 3 3/3/86 Breezy Shores - The Board reviewed this subdivision on the Sage Propoerty at Sage Boulevard, G~eenport. Mr. Raynor, agent was present to discuss this proposal. The Town Board had approved the cluster concept for this application. Mr. James Bryer tried to relay Mr. Dave Emilita's comments regarding the application. Mr. Emilita had requested a conventional layout of the subdivision. Mr. Raynor stated that this is currently being prepared, by Howard Young and would be forwarded upon completion. Mr Bryer also noted that Mr. Emilita had requested a Certificate of Occupancy for the units and would probably be comparing the two to see the yield for the property. The Chairman questioned the number of certificates of occupancy for the dwelling units. Mr. Price, who was present with Mr. Raynor on Lhis project, stated that they have pre-existing certifictates of occupancy for every cottage since the cottages were there prior to zoning. Mr. Raynor questioned if the Board would be able to act on the sketch map prior to receiving this information and it was noted that they requested Mr. Emilita to reivew it and would not take action until the review had been completed. Mr. Ward questioned if the applicants would go back to the original plan which showed clustering down to less than one-acre lots if the zoning code under the Master Plan allowed for this. Mr. Raynor stated that he could not answer at this time, however, his clients had spent a great deal of money and time. Mr. Victor Lessard stated that a certificate has no bearing on seasonal, pre-existing etc. He stated that if you have a certificate of occupancy that is it and whether it is seasonal or not you can still figure the yeild. Samuel and Eliza Kopper - The Board reviewed this proposal for 3 lots on 5 acres at Indian Neck Lane, Peconic. This propsoal was pending before the Board of Appeals for a variance on the insufficient lot area, and the Board of Appeals was requesting recommendations from the Planning Board. On a motion made by Mr. Mullen seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board forward the following comments to the Board of Appeals reqarding the proposal for Mr. and Mrs. Samuel Kopper, located at Indian Neck Lane, Peconic: The Board recommends that the proposed subdivision be amended to show two lots, in conformance with the two- acre, zoning rather than the three lots as proposed. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Planning Board Page 4 3/3/86 Highpoint at East Marion, Section III The Board reviewed this proposal for three lots on 2.9 acres at Main Road, East Marion. It was noted that this proposal is pending before the Board of Appeals for an insufficient area variance. The Board of Appeals was requesting recommendations or comments from the Board. On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board refer the following comments and notations regarding the subdivision of Herbert Mandel, located at East Marion, to the Board of Appeals: The Planning Board notes that the proposed subdivision is in an area recommended for one-acre zoning, under the proposed Master Plan; however, it is not conforming with the current zoning. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Robert J. Long - The Board set this proposal for a set-off of 31, 669 square feet from 11.912 acres at Main Road, East Marion for a field inspection. This is before the Board of Appeals. Helmut Hass - The Planning Board will field inspect this proposal for a set-off of 28,935 square feet at County Route 48, Peconic prior to any further review or action. This proposal is pending before the Board of Appeals. Marina Bay Club - Mr. Henry E. Raynor, Jr. was present for an informal appointment with the Board to discuss the proposal for a marina and expansion of existing restaurant located at New Suffolk known as "North Fork Shipyard". The Planning Board and Town Planner had some questions with regard to this proposal therefore the applicant request'ed to come to review these with the Board. Mr. Raynor explained that the owner is Marine Associates and the contract vendee is Richard Carr. Mr. Raynor explained some of the uses which existed historically on the property as being: shipyard, retail store, post office building (which now houses a delicatessen), coal and lumberyard, fueloil storage terminal, scallops and oysters, freight and passenger terminal. Mr. Raynor stated that the project is a multiphase project which will take approximately 5 years to complete. First phase of the project will be the rebuilding and restoration of the existing restaurant known as The Galley Ho on site. Presently, the Galley Ho seats approximately 90 people and this would be enlarged to 150 seating capacity. This would coincide with the construction of a new docking and marine facility. Presently the proposal is for 84 slips and ½ of those would be for transients or overnight layover. The other ½ would be utilized for seasonal rental. Mr. Raynor explained that there was concern on the part of the Civic ASsociation pertaining to the fact that this Planning Board Page4 3/3/86 Marine Bay Club cont. - might be turned into a boatel and we will voluntary covenants and restrict that. A boatel will not become a use of the property. The second phase of the operation would be the c~eation ofthe storage shed which is approximately 10,000 square feet. The third phase of the reconstruction is that of utilizing one of the buildings to create a small retail operation for restaurant and seasonal patrons and the hamlet. This may include a fresh fish market or maybe a small boutique, or fresh vegetables. The retail area as proposed is 5600 square feet. Mr. Raynor stated that all the uses are made to conform to the covenants and restrictions as well as the ordinance, and no variances will be required. Mr. Raynor introduced the consultants on the project: Mr. Sol Niego, Mr. Charles Bowman, Mr. Walter Dunn, and Mr. Clem Thompson, who were present. Mr. Orlowski reviewed the comments of David Emilita who was not present to go over any questions. Mr. Emilita had questioned the most current plan and Mr. Raynor stated that the February 20 plan was the most current. Mr. Mullen questioned the number of docks available for transients and thought 50% was high, he requested that consideration be given to having more dockage available for the people in Southold to use. Mr. Raynor questioned if something could be worked for the parking since the restaurant would be open at other hours than the stores. Mr. Mullen compared it to a situation where a movie theatre is in a shopping center and the theatre is only open when most of the stores are closed. Mr. Mullen didn't know how far the Board could go with this, however, he noted that something could probably be worked out. Ken Edwards agreeed with Mr. Mullen regarding the dockage facilities. Mr. Ward questioned the setbacks and the need for variances. Mr. Raynor explained that they have pre-existing building envelopes for the pre-existing conforming use. The old building envelopes showed a 10 foot setback and the new proposals are for 25' setback. Mr. Raynor stated t~at the new building setback is better for gettinq around the building with fire fighting apparatus. Mr. Mullen-questioned the capacity for providing fuel for the docks. Mr. Raynor stated that there will be two 10,000 gallon tanks for fuel storage. Mr. Mullen questioned if there would be any boat repair on the property. Mr. Raynor stated that there would be boat repair in order to carry through all of the services from the boat storage to the boat dockage. Mr. Orlowski questioned the existing and proposed contour and what the intent was with regard to excavation. Mr. Raynor stated that the drainage would be completely stored on site. Mr. Orlowski also questioned the type of parking surface. Mr. Neigo stated that there would be bituminous surface andthere would be no blacktop. Mr. Raynor stated that water and sewer would come under the Suffolk County Department of Health Services jurisdiction, and they were anticipating a tertiary treatment plant. Mr. Raynor stated that they had been requested by the property owner across the street (Bonnie's By the .Bay) to ti~ in to the sewage treatment plant and they would be agreeable to this. Mr. Ward questioned the dredging which would be involved. Planning Board Page 5 3/3/86 The engineer stated that the only dredging will be very close to shore. Mr. Ward questioned the yardage involved, and whether any fill will be brought in on site. The engineer stated that the dredging will be use~ to fill the ar~a to the south, 4,000 yards of dredging and 4,000 cubic yards in the penninsula. Mr. Edwards questioned the number of full-time jobs which would be created and Mr. Raynor stated that 30 full-time jobs would be created, approximately. Mr. Mullen questioned the salt water pool. Mr. Raynor stted that pool had been removed since the Civic Association had some reservations about creation of the pool and the liability factor. Mr. Raynor stated that the area of the pool is now totally boat storage. Mr. Latham questioned the boat pumpout. Mr. Bowman stated that there will be a pumpout facility which will be installed. Mr. Ward questioned the NY State Grant Line. Mr. Bowman stated that this was given to those individuals who had to use the Bay bottom, however it was no longer done. The grant line is in place for this property and it follows where the high water mark probably was at one time. Mr. Ward requested surveys of the property to show this. Mr. Raynor stated that there have been surveys, however, with the dredging and over the years the high watermark has changed, however, they were given this NY State Grant Line many, many years ago to promote commerce so it is all within the control of the property owners. Mr. Latham questioned any improvements which would be made to Main Street. Mr. Raynorstated that Main Street would be widened to assure parallel parking but it is a County maintained road. Mr. Latham also questioned the demolition and Mr. Raynor noted that what they didn't demolish the hurricane did. The only thing which was not demolished was a small storage shed which was used for scallops. Mr. Orlowski questioned the underground storage tanks and the regulating agency. Mr. Bowman said that they are regulated by the Environmental Protection Agency and the Department of Transportation. Mr. Bryer stated that the EPA has some very stringent regulations on this now, and he did not think that they would be allowed to place the tanks where they are proposed but further back from the water. Mr. Bowman stated that he did not think that they were as concerned with placement as with the type of construction. Mr. Bowman stated that they would be required to put in automatic safty valves and specialized equipment. Mr. Bryer stated that some states where requiring that test wells be put inaround underground storage tanks, but he was not familiar with the NY laws. However, if they would be the case, then they could not bm placed where they are proposed. Mr. Bowman stated that the age of the tanks are also a factor and they were very strict on the actual construction. Mr. Bryer also questioned if any borings would be done where the soil would be pulled out of the inlet. Mr. Bowman stated that prior to any dredging they would be conducting bottom samples to determine any sediments. Mr. Raynor stated that south of where Main Street is there were three Planning Board Page 6 3/3/86 railroads constructed and in order to construct them there ws bedrock there and other than that there is sand and mud. Mr. Bowman stated that tests would be done to determine heavy metals and if they were present they would have to find a location for the dredged spoils other than the site. It was the consensus of the Board to conduct a field inspection and review the comments with Mr. Emilita prior to any further recommendations. Mr. Paul Lowry was present and requested if comments could be made. The Chairman stated that this was an informal appointment to answer questions and it was not a presubmission conference at this time. Katherine Heins - The Board set this proposal for a set off of 18,984 from 48,839 square feet for a field inspection. This propoerty is located at Main Road, Orient. On amotion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the site plan for Carl J. Graseck for an addition on the existing building for Southold Quarry located at North Road, Southold. Plan dated as last amended February 7, 1986; subject to a one - year review. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the eset-cff for West Dublin Realty (formerly) Duchano located at Greenport to set off 11,250 square feet from 22,500 square feet, survey dated October 17, 1985. This proposal has received a variance from the Board of Appeals and must be serviced by public water and sewer. Vote of the Board: Ayes: Orlowski, Multen, Latham, Ward, Edwards Russett Acres - The Board reviewed this proposal for 4 lots on 13.185 acres at Sound Avenue, Mattituck. Henry E. Raynor, applicant was present. The Board had made a partial field inspection, due to the weather they could not get to the back of the property. The Board requested that consideration be given to clustering the property. Mr. Raynor stated that the back end of the property dropped off and it would not be suitable to cluster lots away from the road. Mr. Raynor also explained that there is a LILCO easement running through the back of the property. Mr. Ward stated that it would be Planning Board Page 7 3/3/86 preferable to have the houses away from the rqad. Mr. Raynor stated that he would be planting on th~ front lot and the westerly boundary, however, Mr. Ward stated that thiswould do nothing to block the noise. Mr. Raynor stated that becuase of the topography of the land he selected a conventional layout. It was the consensus of the Board to reinspect the premises and submit further comments to Mr. Raynor. RIAL Realty - The Board reviewed this subdivision for 4 lots on 47 acres at Oregon Road, Mattituck. Mrs. Sophia Greenfield was present as agent to discuss this proposal. The Board had attempted to field inspect the property, hwoever, due to the weather conditions could get down the entire right-of-way. Mrs. Greenfield stated that the owner in tends to renovate the farm house. It was noted that the 3 iots proposed on the Sound are 93,300 sq. ft., 96,000 sq. ft. and 107,700 sq. ft. leaving the balance as green space. Lot No. 4 shall have an easement over it for the riqht-of-way. Mrs. Greenfield explained that the road was ~ligned with a curve on the recommendations of David Emilita and James Bryer to protect a large wooded area. Mrs. Greenfield also stated that in preparing the layout they placed the road where it could connect with adjoining properties for future connection. Mrs. Greenfield stated that she would stake the property and flag the right-of-way. The Chairman stated that would be helpful. Mrs. Greenfield stated that she had a four- wheel drive vehicle and if the Board would like she could arrange to get them down the right-of-way. Edward Slaga - The Board reviewed this proposal for a lot line change at Woodcliff Drive, Mattituck. Mr. Ward questioned if there was a residence on the adjoining lot and how close that was to the lot of Slaga. Mr. Lessard staed that the house was approximately 70' from the house of Slaga. It was the consensus of the Board to request that the residence of Mindes be plotted on the survey. James Gallagher - The Board reviewed this proposal for 4 lots on 10.250 acres following a field inspection. This parcel is located on the North Side of County Route 48, Cutchogue. It was noted that there is an LILCO easement running through the property. It was the consensus of the Board to recommend a cluster concept for this subdivision. In this Way the lots may be clustered away from the County Route 48 and the utility easement. Planning Board Page 8 3/3/86 Helen Rynd - The Planning Board reviewed this application for a set off of 29,'000 square feet from 71,327 square feet at West Road, Cutchogue. It was noted that an application is not pending before the Board of Appeals. Mr. Mullen had made an inspection of the premises. Mr Mullen noted that many of the lots surrounding the premises are large lots. It was the consensus of the Board to recommend that the property remain as one lot, in conformance with zoning, rather than two lots as proposed. On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the whereas a formal application for the approval of a subdivision plat entitled John and Frances DiVello located at Mattituck was submitted to the Planning Board on May 6, 1983 and filing fee of $100 was paid, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Main Road, Southold, New York on February 10, 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 John and Frances DiVello for approval of said subdivision plat prepared by Howard Young dated as last amended December 23, 1985 be approved and the Chairman be authorized to eddorse approval on said subdivision plat, subject to the following condition: 1. The proposed 15' right-of-way from Westphalia Road must be impvored to the same condition as the existing 15' right-of-way which will be abandoned. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Ward, seconded byMr. Latham, it was RESOLVED that the Southold Town Planning Board approve the set-off for Cecil Young located at Main Road, Laurel to set off 2.041 acres with lot depth of 253.87' and lot width of 357.04', survey dated January 2, 1986 subject to : 1. Article 6 approval pursuant to Suffolk County Department of Health Services. 2. Review by the Suffolk County Planning Commission. Vote of the Board: Ayes: Grlowski, Mullen, Latham, Ward, Edwards Planning Board Page 9 3/3/86 On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board refer the site plan of James and Mary Tyler located at Main Road, Mattituck for construction of a public garage to the Building Department for certification sub~'ect to the following: 1. Submission of a site plan with the following information: a. Street trees as per the Town of Southold Highway Specifications. b. Drainage calculations as per Town of Southold Highway Specifications. c. Curb d. Asphalt pavement e. Grades, spot plus finish floor f. Landscape Plan, schedule of plantings. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Ed Pressler - The Board reviewed this site plan for continuing a pre-existing retail and office use with dwellings located at Main Road, Southold. This appalication was pending before the Board of Appeals for a variance and the Board of Appeals was requesting our recommendations. The Board had reviewed the parking an noted that for the uses proposed, the parking was sufficient. It was also noted that the driveway had been proposed to be widened as per the Board's request. On a motion made by Mr. Latham, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals regarding the ~pplication of Ed Pressler located at Main Road, Southcld. The Planning Board reviewed the proposal to utilize the above mentioned premises as a continuing nonconforming tow family dwelling with retail and/or office use, and it was noted that the Board had no objections to the proposal. The applicant has complied with all requests of the Board, and the parking is suitable for the uses proposed. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Richmond Creek Farms - The Board reviewed the revised sketch maps for this major subdivision of 42 lots on 46 acres for the cluster concept located at Main Raod and Wells Road, Peconic. Planning Board Page 10 3/3/86 Richmond Creek Farms, cont. - The Board had previously rescinded the sketch map approval of this subdivision since the applicants had proposed a boat docking facility to the Trustees without showing in on the plan before the Planning Board. The Board had requested that if the applicants were proposing the docking facility it must. be shown on the plan and if they were not intending this then the open space must be returned to the original located adjacent to Wells Road. The Board noted that the present plan showed the open space in the middle of the lots and not by Wells Road, however, there was no mention of the docking facility. Mr. Emilita had indicated to the Board that they cannot act on the plan unless all the intentions are lndlcated. Mr. John DeReeder and Patricia Moore (associate of Rudy Bruer, esq~ were present to discuss this. They stated that ~here was evidentally a misunderstanding about the boat docking facility and were not aware of whether the applicants were proceedinq with the plans for the boat dockinq facility. T~e Board members explained that they could ~ot act on the map as presented since the open space was relocated to the place where the boat docking facility was proposed, however this was not Indicated on the map. The Board could assume that they were proceding with the plans before the Trustees, however, if this was not the case then the open space must be put back to the original location adjacent to Wells Road. It was the consensus of the Board to hold this application in abeyance pending clarification as to whether or not the applicants were proceeding with the boat dockage facility. Salvatore Catapano - The Board reviewed this subdivision proposal for 4 lots on 22.925 acres at Main Road, Southold. It was noted that although greenhouses and a residence was being constructed on the propoerty the Building Department had given approval to this construction. A memorandum from Mr. Lessa~d indicated that the Planning Board could proceed with this proposal if everything else was in order. Mr. Orlowski questioned if any applicatlon had been~made to the Board of Appeals for a special exception for the church which was also proposed for one of the lots within the subdlv~slon. Mr. Lessard stated that he believed an application had been made to the Board of Appeals, however, everything was depending on the subdivision approval. It was the consensus of the Board to request that the attorney for the applicant schedule an appointment with ~he Board at the next regular meeting to discuss this proposal and the intention for development of the lots. John J. Breslin - The Board reviewed this proposed subdivision to be known as "Vine View Estates" located at North Road, Southold. Planning Board Page 11 3/3/86 The Board had made a field inspection of the premises and recommended that the subdivision be revised to be a cluster concept so the proposed lots could be placed away from the North Road. On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the site plan of Bruce Norris property now owned by Richard Carr located at Mattituck. This proposal for a condominium project is a Type I action and may have a significant impact on the environment. Vote of the Board: Ayes: Orlowski, M~llen, Latham, Ward, Edwards Mr. Russell Mann was present to present information to the Board regarding the proposal of Meadow Farms. Mr. Mann is the owner of adjacent land to the land of Meadow Farms. The Meadow Farms proposal showed an emergency access connecting to this property. He wished to go on the record in opposition to this since no road would ever be built across his property. He could not understand the developers proposal since there is no existinq road to tie in with the emergency access proposed and they coul~ not cross his property without his permission. Mr. Orlowski stated that the proposal for Meadow Farms is ndin before the Town Board for a change of z~ne and no pe ~g ....... ~ ~]~n can be made until the formal app±lca~lon ~oi ~_v r-- change of zone was granted. The plan which Mr. Mann reviewed The is an informal submission for discussion purpose~- Chairman asked that Mr. Mann's objection be note in the minutes. Being no further business to come be~re the Board, on a motion made by Mr. Mullen, seconded by Mr. Latham, and carried, the meeting was adjourned at 9:15 p.m. Respectfully submitted, / Diane M. Schultze, Secretary ~ /~~/ Southold Town Plan~g~o~ RMANBEN~TT 0~LOW~KI, JR.~C