HomeMy WebLinkAboutPB-01/07/1985 P~D
T¢ ~LD
y
Southold, N.Y. 11971
(516) 765-1938
The southold Town Planning Board held a regular meeting
on January 7, 1985 at 7:30 p.m. at the Southold Town Hall, Main
Road, Southold. Present were:
Chairman Bennett Orlowski, .Jr.
Member William F. Mullen, Jr.
Member G. Ritchie Latham,Jr.
Member Kenneth Edwards
Member Richard G. Ward
Town Planners David Emilita and JamesBryer
Special Counsel Francis Yakaboski
7:30 p.m. public hearing on the question of approval of the minor
subdivision of the John Simon Estate located at Peconic, 4 lots on
81 acres at Middle Road.
Mr.Orlowski: We have proof of publication, public hearing in the
Long Island Traveler Watchman signed by Pat Wood and notorized by
Barbara Forbes, we also ~ave proof of publicationin the Suffolk
Times signed by Anna Lekas and notorized by Judith Chien. I will
dispense with the reading of the metes and bounds if anybody out
there has any objections, please let me know now, if not we will
proceed. (none) We have the filing fee, we have a letter from
health Services, we also have C and R's as far as the water
from the Health Department, handed in by the applicant which we
will hand over to Mr. Tasker for his approval. We have nothing
from Suffolk County Planning as of yet, any approval would be
subject to. And, everything else is in order. At this time, I'll
ask if .there anyout there has any objections to this minor
subdivision2 Hearing none,'does anyon~e out there have any
endorsements of this subdivision?
Gail Wickham: I take that to mean comments in favor?
Mr. Orlowski: Yes.
Gail Wickham: My name is Gail ~ickham, I represent the applicant
we~ve spent an awlful long time as the Board knows on this
subdivision. We have now complied .witk everything that you require.
Just to briefly state for the record, the purpuse of the subdivision
is to effect the distribution of the Estate of John and Sara Simon,
and we are proposing three lots of about 80,000 square feet each
up near the Sound and a fourth lot of a-ppr~i~et~ 47 acres consisting
of the remainder of the farm. The lots on the Sound w~ll be serviced
by a right-of-way. The Suffolk County Planning Commission did raise
Page 2 1/7/85
Gall Wickham: the question of the status of the 1 and 1/3 acre
parcel on Middle Road, and if the Board recalls, that was the
subject of an earlier set-off that being the homestead in which
Mr. Simon and his sisters reside, and that was cut off separately
a number of years ago. I don't h~ve any thing else more to add
unless the Board has any questions, that haven't been answered
already.
Mr. O~lowski: Is there anyone else who would like to speak in
favor of this subdivision~ Hearing none. Is~ thereanyone out
there neither pro nor con but has informatiQn pertai~ing to
this subdivision that may be of interest to this Board? Okay,
hearing none, questions from the Board, Mr ~ Mullen, (none);
Mr. Edwards (none); Mr. Ward?
Mr. Ward: Just a question on the lot sizes? I~think counsel
had mentioned 80,000 square foot lots? It doesn't show that on
the plan.
Mr. Orlowski: These lots received a ...
Mrs Wikkham: I'm sorry these lots are approximately 55,000 -
60,000 square feet.
Mr. Orlowski: They received relief from the Town Board, I believe.
They received relief onthe 10th.of May, 1984, Mr. Ward.
Okay, anyother questions, Mr. Latham?
Mr. Latham: I have one questions, the lot on.Middle Road, that was
not part of the relief was it?
Mr. Orlowski: No that was set-off before as the counselor just
informed us.
Mrs. Wickham: The small shown~ is the Charles $~mon Estate and
that is s~parated for about 4 years, that now belongs to Elizabeth
Simon. The 1.845 acre parcel, that' is the homestead Parcel I
referred to earlier and that was set-off a couple of years ago.
Mr. Latham: Just one question, Gall. Why would you need to
apply for relief to get those lots smaller when you could have
another acre a piece and it would not hurt. YOU have 76 acres
left.
Mrs. Wickham: I think th'e point was to just use the property on
the Sound that is not farmabte because the remainder of the
farm is farmed and probably will continue~ be so. They also
wanted to leave some frontage so that if in the future the farm
were ever divided there would be something up there too.
Mr. Orlowski: Anyother questions? (none) Okay, the only question
I have iS there any correspondence with the Ditler property next
door? Combining the right-of~way to the lots? Is that being worked
on?
Mrs. Wickham: We wrote to Mr. Dille~ in-response to your letter,
on September 17 and we never heard from him, I belive we also tried
to call him a couple of times, and we did not have any response.
So we did not have any communication with him to answer your question.
Page 3 1/7/85
Mr. C
quest
for c
rlowski: Okay, it was just a question. If there no further
ions, I will declare this hearing closed and thank you all
ominq.
7:45 ).m. Public hearing on the question of approval of the major
cluster subdivision of Laurel Estates~ Section I located at Aldrich
Lane, Laurel. 16 lots on 36 acres.
Mr. Orlowski: We have the filing fee, proof of publication in the
Long Island Traveler watchman, signed by Pat wood and notorized
by Barbara Forbes and we have proof of publication in the SuffoIk
times, signed by Anna Lekas and Notorized by Judith Chien.
We have C and R's filed by the applicant and approved by our Town
Attorney. We have correspondence from Suffolk County Planning
which I will refer to later and everything else appears to be in
order. Okay, I'll ask now if there is anyout here with any
objections to this subdivision~ Hearing none, is there anyone
out there in favor of this subdivision?
David Saland;. My name is David Salandj~ I am one of the owners.
I hope the Board acts in favor as soon as possible, on this
subdivision. Is there anything I can comply with, I would be
more than happy to.
Mr. O~lowski: Any other endorsements of this subdivision?
Hearing none, is there anyone out there neither pro nor con
but may have some input to this subdivision that would be
of interest to theBoard? Hearing no~e, questions from the Board,
Mr. Mullen (none); Mr. Edwards (none); Mr. WARd (none) ; Mr.
Latham (none). ~Okay, At this point Suffolk County Planning
Commission has send back their recommendations after going over
withthe applicant and"after ~e study and delibe~atiQn it
resolved to diSapprove.said map for the following reasons: 1.
Section 1 would 'be paramount to the aproual of Section 2
layout is totally unsatisfactory, approval of Section i would
lock in the layout of Section 2. It was Stated in the referral
materials that Section 2 would be treated as a minor su'bdivision
which usually means that a map of Section 2 will not be filed
inthe County Clerk's office. A map or maps for this subdivzsion
whether showing the Subdivision of this tractin its entirety
or by sections would be filed in the County Clerk's office in
keeping withthe intent of Section335 of the REal Property Law.
Proposaed subdivision of the tract wilt result in the creation
of three landlocked parcels, that is parcels that don't have
frontage on existing or proPOSed ~public roads, the creation of
such lots is contrary to good subdivision layout principals
and creates problems as far as access by emergency and service
equipment. This.could result in healt~ safety, and we.lfare
problems for the future residents of these lots. Creation of
landlocked lots also places the Zoning Board of Appeals in
an akw~rd position of having to grant a building permit for
each of ~ese lots under section'280-a of the Town Law as the
future owners of these lots cannot be held responsible for the
landlocked nature of the parcels. 4. .Lots 16 through 19 inclusive
have the potential to be subdivided agaLn.therevy placing
further dependence on the ~ight-of-way as access. No informatio~
was provided to show how the pond within the tract will be protected
Page 4 1/7/85
Mr. Orlowski: against the developmentJ' Well, I don'~ see where
the property is going to be landlocked because he does show
sufficient width in and out which we asked for and. the County
asked for and the applicant has given. We 'have the covenants
and restrictions that we asked for on the rest of the parcel
and basically what the County is saying here, I think we've
answered with the applicant ourselves. They probably have not
looked it over as closely, I hope we do get our local member on
the Board, so that they will be looked at a lettle bit better.
But, I think at this time we could override these restrictions,
because the applicant has answered.all our questions that we
'have had, and also the first questions that th e County had.
Now the County has come back with something that I don't think
is pertaining.
On a motion made by Mr. Mullen, seconded byMr. Ward it was
RESOLVED that the Southold Town Planning Board override the
Suffolk County Planning Commission's resolution of disapproval
regarding ~he major cluster subdivision of'Laurel Estates, SEction
I, located at Laurel.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, ~dwards
Mr. Orlowski: There are no further questions on this subdivision,
I will declare this hea'ring closed and~thank you all for coming.
On a motion made by Mr. Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning. Board approve the
preliminary map for the cluster subdivision of James W. Dawson
located at Southold. Plans dated Maly '30, 1984 for 8 lots on 14.4
acres, subject to the red,est of the Suffolk County Planning
commission which is that a'dedication for highway purposes be
made at the corner of North Bayview Road and Dayton Road.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, War~ Edwards
On a motion madeby Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the Southotd Town Planning Board approve the
prelim~Dary map for the major subdivision of Blue Horizons
located, a't Peconic, plans dated as ilast amended June 13, 1984
for 7 lots on 55.7 acres.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward , Edwards
8:00Cp~m~cSeacroft-Board to review and/or take action on this
site plan for 160 condominium units on 46.16 acres located
at School House Lane, and Griffing Street, Cutchogue.
Mr. Orlowski: Mr. Cron, are you here tonight to represent Seacroft?
Page 5 1/7/85
Mr. James Cron: Yes, I am.
Mr. Orlowski: I think at this time, the Board would like to ask
a question. On our November 5, 1984 meeting a resolution was
made asking, requesting a Draft Environmental Impact Statement.
Does the applicant have any intent in doing this~
Mr. James Cron: The applicant is taking on the November 5
request and that is all I am priviledged to say.
Mr. Ortowski: Okay. At this time we would like to let you know
that certification has been given and accepted on the 5th of
November, the 5th of February is~90 days. And, in 90 days,
we have to make a decision one way or another, by then.
Do we agree on that?
Mr. James Cron: W~. agree on the 90 days, yes.
Mr. Orlowski: Are you'planning on having an answer before the 90
days are up?
Mr. James Cron: I'll have to consult with my client.
Mr. 0rlowski: Okay.
Mr. Yakaboski: Mr. Cron, youmean you can't tell us whether the
applicant will comply with the directives of this Board to prepare
and file a DEIS.
Mr. James Cron: I think my answer was quite clear. I said we .are
acting on it, and I am not priviledged to go any further.
Mr. Orlowski: At this time, the Board, I would like to request ~hat
we make a motion for to-recess a~d~go~i~to executive session.
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board recess to go into
executive session to discuss p~oposed litigation.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
At this time the Board took a five minute recess.
Abigail Wickham, esq. reviewed the site plan during this recess.
The Board then returned to the Board room for the remainder of the
meeting.
Mr. ORlowski: ARe there any other comments regarding this site plan
approval~
Abigail Wickham: Yes, if I may, my name is Abigail Wickham. I
represent Long Island Vineyards who is the owner of the adjoining
property to the North. I would like .to make an objection to the
site plan based on the existence of a number of buildings in the
northerly acre and one-third of property in Violation of an
agreement between the devetope~ and the Lonq Island Vineyards
as set forth in a letter dated March 9, 1983 and a copy of which
is in your file. Specifically the developers agreed that they
would not Place any buildings or structures of any kind on the
Page 6 1/7/85
Abigail wiCkham: rear acreage to a depth of 150' from~th~northerly
boundry line. They've appareantly, according to the site plan have
violated this site plan in three respects. They have one set of
buildings which appears to be within approximately 100' of the
rear line, where it adjoins the Long Island Vineyards Farm. They
have also Proposed to place .a building with±n approximately 50'
of where it adjoins the Beebe property, and they also have utilities
mains running within that 100'. There was also to be an agreement
regarding plantings within that buffer zone which does not appear
to be addressed in the site plan. I would like to ask the Board in
their review of this site plan to please take this agreed upon
buffer zone into account and not to approve a site plan which
violates it,in the manner I have indicated. Thank you.
Mr~ O~lowski: Okay, no further comments, what would the Board like
to dO?
On a motion made by Mr. Ward, seconded by Mr. Mullen, the following
action was taken:
WHEREAS, the applicant, Seacroft Ltd., submitted, on the 17th day
of Cotober 1984, a certified set of plans for the construction of
one hundred sixty (160) condominium units, and requested site plah
approval therefor,and
WHEREAS, this Board, on the 5th day of NDvember, 19~4, did adopt
a resolution determining that Seacroft L{d's application for site
plan approval was subject to the provisions of Articet 8 of the
Environmental Conservation Law and declared itself to be lead
agency; directed that a .Draft Environmental Impact Statement be
prepared; and determined that the appliCation of Seacroft Ltd.
would not be complete until the Draft Environmental Impact Statement
had been accepted by this Board as satisfactory with respect to'scope,
content and adequacy; and
WHEREAS, No Draft Environmental Impact Statement has been filed or
accepted by this Board; and
WHEREAS, since the meeting of November 5, 1984, this Board has
learned that the premises acquired by Seacroft Let. and Seacroft
Plaza, Ltd. from Leisure Greens Associates in September of 1983,may
have been improperly subdivided; and
~HEREAS, it appears that a portion of land owned by SeacroftLtd.
or Seacroft Plaza Ltd., or both, is burdened by a right-of,way
in favor of the Roman Catholic Church of the Sacred Heart of Cutchogue,
and
WHEREAS, an adjoining owner has objected to the site plan contending
it ~iolates a w~itten agreement concerniNg~rear yard spacing and
plantings, which agreement has not been referred to in the application,
and must be considered as part of the Draft E~vironmental Impact
Statement,
NOW, THEREFORE,-the Board finds as follows:
1. That the application of Seacroft Ltd. having been deemed incomplete
hy virtu~ of the provisions of Article 8 of the Environmental
ConservationLa~, this Board is precluded from taking ?f~rther
action on this application until such time as it is completed;
and.
Page 7 1/7/85
2. That the possible subdivision of the former Leisure Greens
premises and th~ existence of the right-of,way may affect the
validity of the application of Seacroft Ltd. and, inany event,
must further be'considered form an environmental-and planning
standpoint; and
3. That, while it is this Board,s position that the time period as
provided fo~ in the Town Code for action by this Board has not
commended to run, nonetheless,the stated time period for
Board action expires on the 5th dayof February 1985; and the applicant
not having indicated that it will prepare and file a DEIS, the
application of Seacroft Ltd. for site plan approval is denied.
Vote of the Board: Orlowski, Mullen, Latham, Ward, Edwards
Special Counsel Francis Yakaboski left the meeting at this time.
On a motion made by Mr. Latham, seconded by Mr. Ward it was
RESOLVED that whereas, .a formal application for the approval of a
subdivision plat entitled .~qhw~iqer and M~rrav Iocated at Southold
was submitted to the Pl~anning~Board on April 21, 1983 and, filing
fee of $75 was paid on November 7, 1983,
WHEREAS, appublic hearing was held on said subdivision application
and plat at the Town Hall, Southold, New York on December 17, 1984
at 7:3'0 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 Schwei~er/
Murray for approval of said subdivision plat prepared by Rod Van
Tuyl dated Apr. 18, 1983, June 29, 1983, Nov. 15, 1983 and la~ amended
Mar. 8, 1984, be approved and the Chairman be authorized to endorse
approval on said subdivision plat.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
ON a motion made by Mr. Mullen, seconded by Mr. Latham i~ was
RESOLVED that th e Southold Town Planning Board ~rant a 90-day
extension on the filing of the final maps for the minor subdivision
of..Robert J. Miller located at Fishers Island, pursuant to the
request of the. applicant.
Vote of the Board: Ayes.: 0rlowski, Mullen,Latham, Ward, Edwardx
On a motion made by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the $outhold'Town Planning Board approve the set-off
for Peconic Homes Corporation, plans dated December 10, 1984
Page 8 1/7/85
Peconic Homes. cont.
located at Mattituck, (106-13) .subject to the review of the Suffolk
County Planning Commission.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Latham, seconded by Mr.Mullen it was
RESOLVED that the Southold Town Planning Board recommend to the
TownBoard that the change of.Zone petitiionlfrom Herbert Mande]
iiocated at Main ~'o~d, East Marion b~ denied since the need is
not justified at this point in time,and it is inconsistent with
the proposed Master Plan.
Vote of the Board: Ayes ~rlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Mullen, seconded bx Mr. Ward it was
RESOLVED that the Southold Town Planning Board acceDt the access
~oad_report No. 415 from Inspector John W. Davis for the final
inspection on the access road within~the mi~.or subdivision of
David L . Gillispie located at East Marion.
Vote of the Board: Ayes: Orlowsk$ MUllen, Latham,Ward, Edwards
On a motion made by Mr2 Mullen, seConded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board accedt the Inspector
John W. DAvis' report Ne. 417 r~garding the final inspection of
the access road within the minor subdivision f~rme~ly~of Ruth
F.prnuff located at Mattituck.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
William T. Emmet and Lily Emmet West- Ken Edwards made a field
inspection of the premises and noted that according to FIDCO the
split conforms to the designation of the lot line.
On a motion made by Mr. EdwardS, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board approve the set-off
of Lily Emmet West and William T. EMmet located at Fishers Island
plan dated as last revised November 29, 1984 for two lots on 4.50
acres.
Vote of the Board: Ayes: Orlowski, Mullen, Latham,~ Ward, Edwards
On a motion made by Mr. Lathamf-~seconded by Mr. Edwards it was
RESOLVED that the Southold TOwn Planning Board set January 21, 1'985
Page 9 1/7/85
at 7:3'0 p.m. at the Southold Town Hall, Main Road, Southold as the
time and place for the next regular meeting of the Board.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
The Planning Board set the following new proposals for a field
inspection:
E.dward and Charles Nalbantian- 6 lots on 12 acres west side of Reeve
Avenue, Mattituck.
Greqory Simonelli-3 lots on 3.8 acres, South s~de of ~and~Avenue,
Mattituck.
Estate of Thomas Mrowka- 3 lots on 5.8 acres, South side of Mill Road,
Peconic.
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold ToWn Planning Board approve %he set-
o£f for Long Island Nurseries, plan dated June 10, 1981 and
August 24, 1984-subject't~o the review, of the Suffolk County Planning
Commission.
Vote of the Board: Ayss: Orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that theSouthold Town Planning Board approve the set-off
(106-13) of Mark and Ellie Gordon located at Southold, plan dated
as last amended November 16, 1984. This set-off of 11,~478 square
feet to be merged to property Woned by R~lph Lavina. This approval
is subject to 1) Review- by the Suffolk County Planning Commission
and 2) Filing of the convenants and restrictions with the County
Clerk., stating no futher subdivision of the set-off.
Vote of the Board: Ayes: orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Latha~, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board approve the set-off
for Joseph A. MCKay and Michael S. Greenly located at New Suffolk
for two lots on 19,445 square feet subject to the review, of the
Suffolk COunty Planning Commission.
This received an insufficient area variance from the Board of Appeals
Vote of the Board: Ayes: Orlowski, Mutlen, Latham, Ward, Edwards
Mary Leonardi and Wilma Meehan-The Board set this proposal for a
field inspection prior to any recommendations or action, 2 lots on39,000
square feet. located~ at Reydon Dr~ve,· . Southold.
Page 10 1/7/85
Highpoint at East Marion~Section II- The Planning Board was to
make recommendation to {~e 'Town Board on the reduction of the
letter of credit for road improvements on.this subdivision.
The Chairman read report No. 414-from John W.. Davis, Inspector,
regarding the improvements to date,and the remaining work
to be don~ on the road. It was noted that there was no recommendation
from Ray Dean, superintendent of highways regarding this request.
On a motion made by Mr. Latham, seconded by Mr. Ward it was
RESOLVED th~at the Southold Town Planning Board hold a recommendation
to the Town Board regarding the reduction of the letter of credit
for Highpoint at East Marion~ Section II until a recommendation
from the SUperintendent of Highways is recieved.
Vote of the Board: Ayes: Oriowski, Mullen, Latham, Ward, Edwards
~omestead Acres Iocated at Greenport- The Board reviewed the
resolution of disauproval from the Suffolk County Planning Commission
regarding this subdivision and the correspondence from the
attorney for the applicant requesting that this be overridden.
On a motion made by Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board override the Suffolk
County Planning Commission's resol~utfon of disapproval for the
major subdivision of Homestead ~cres located at Greenport .
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
On amotion made byMr. Latham, seconded by Mr. Mullen it was
RESOLVED that whereas, a formal application for the approval of a
subdivision plat entitled "Homestead Acres" located at
Greenport was submitted to the Planning Board on September 30, 1982
and, application fee was paid on October 4, 1982 in amount of $150.00,
WHEREAS, a public hearing was held on.said subdivision application
and plat at the Town Hall, Southold, New York, on March 12, 1984 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 "Homestead
Acres" for approval of said subdivision plat prepared by
Roderick Van Tuyl~ PoC. dated Aug. 25, 1983 , be approved and the
chairman be authorized to endorse approval on said subdivision plat
subject to the following conditions .within 90 days from the date of
this resolution:
page
1. Performance bond posted in the
2. Inspection fee paid.
Vote of the Board: Ayes: Orlo,
1 1/7/85
approved amount of $250,000.
'ski, Mullen, Latham, Ward~ Edwards
On a motionmade by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the Southold Town P19nning Board refer the cluster
subdivision of the sage. P~operty to ~the Town B0a~-~-~r'~-~
r
app oval of the cluster conceptr f~r Section I. This proposal
is loca{ed at Sage Road, Greenporti Section I will have 19
units on a total overall acreege of 38 acres.
Vote of the Board: Ayes: Orlo~ski,. Mullen, Latham, Ward, Edwards
John and CatherineSimicich- The Bo~
acres located off Bergen Avenue, Ms
this parcel to be set-off would me~
Simicich and be entered in the Towr
and the balance of the land would
Charles Cuddy, esq. and Mr. Simici
minor subdivision would be four lot
rd reviewed this set-off of 15
ttituck. It was noted that
ge with the land of Catharine
Farmland Preservation Program,
e a minor subdivision. Mr.
h were present, they said the
s on 11 acres of land and
the land offered to the farmland pmeservation program would be
a vineyard.
On a motion~ made by Mr. Ward, seconded: by Mr.Latham it was
RESOLVED that the Southold Town Planning Board approve the set-off
(106-13) for John and Catherine Simici~h located at Mattituck.
Subject to the review of the Suffolk County Planning Commission,
parcel to be set-off is 15.262 acres, map da%ed December t2, 1984.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Henr~ DOmalski-minor subdivision tgcated off Oregon Road. This
appli~a~io~'received a'variance o~ the.insurricient width and
a right-of-way (280-a)approval frqm the Board of Appeals. It was
the consensus of the B0ard to request that this appiication be
amended to be a set-off. The Boar~ requested that this amendment
be put in writing' from the applicant or his a.ttorney. Abigail
Wickham, attorney for ~he appli.can~ questioned if the Board coul~
work out' an agreement With the p'ro~erty owners in the' adjacent
subdivision to use the road which ~onnects to this property so
that the applicant would not have ~o improve the long right-of
way. The Board stated that although the road in the subdivision
was located so as to allow access to the adjoining land, the
road had never been dedicated .to the Town. Therefore, it remained
private and Out Of the Board's ju~isdicti°n.
Page 12 1/7/85
The Board discussed the pond being constructed in the subdivision
of ~e~lers at Oys~erponds located at 'Orient. Mr.Latham said
that as far as he could tell, no soil has left the site. The
Chairman read Section 106--20 of the Southold Town Code and noted
that the Board really had no jurisdication over this since it
was an approved and filed map. Even though he is altering
the subdivision, the Code was ~ague and there was no provision
regarding the building of a pond~ David Emilita quoted Chapter
46 of the Town Code regarding Floodplain. Management'. Mr. Emilita
said &n his opinion, according to this chapter the developer should
have to file plans indicating how he is altering the flood plan.
Mr. Emilita said that the Board may not be able to stop the pond
contruction , however, they should have plans. Mr. Latham also
said that the.road was never improved as the developer promised,
and he should be remineded of this. Mr. Orlowski stated that when
a decision had been made regarding this, it would be put in a
letter to the applicant.
Being no further business to come before the Board~, on a motion
made by' Mr. Mullen, .seconded by Mr. Latham and carried, the meeting
was adjourned at 9:13 p.m.
~~lrman
AND BY
T~ $OU~U~D TOWN C~RK
HOUR
Town Clerk, To~n o~ Sout~ld
Respectfully submitted.
Diane M. Schuttze, Secretary
Southold Town PlanningBoard