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HomeMy WebLinkAboutPB-04/15/1985T, LD Southold, N.Y. 11971 (516) 765-1988 The Planning Board held a regular meeting on April 15, 1985 at 7:30 p.m . at the Southold Town Hall, Main Road, Southold. Present Chairma] Bennett Orlowski, Jr. Member William F. Mullen, Jr. Member Kenneth Edwards Member ~ichard G. Ward MemberG_ Ritchie Latham, 'Jr. (7:45 p.m.) ToWn Planners David Emilita and James Bryer ~ictor ~essard, Executive Administrator 7:30 PUblic hearing on the question of approval of the minor subdivision of Mohring Enterprises, Inc. located at Main Road, Peconic. Containing 34.5 acres. Mr. Or~qwski: We have proof of publication in the Suffolk Times, signed by Anna Lekkas and notorized by Ann Abate; proof of publication i n 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 are any objections t o that, please ~let me know. (none) We have the filing fee, correspgndence from Suffolk County Planning, we have a copy of the ~ovenant and restrictions which have been filed with the county, and averything appear~ to be in order.' I will ask if ~here are objections to this minor subdivision? Hearing none. Ns there any endorsements of this minor subdivision? Mr. Henry E Raynor, Jr.i;. If it pleases t~e Board, Mr. Chairman, ~ am Henry RaYnor and I am agen~for~ Mohring Enterprises. You are well aware it is the intent of the applicant to subdivide the property into 4 building lots, the sizes of which being between 5.1 acres and 19 acres. It has been questioned, and the proposed ri~ht-of-way con~truqtion will meet all the Planning Board Inspectors requirement, and we will further stipulate to construct guard rails around the pond area located between lots 2 and 3. The Department of Health Services has stamped each map with approval and the Planning Board has received the proper covenants and restrictions as stipulated in their resolution of September 24, 1984 and we have further addressed all the questions regarding Suffolk County Planning Commission and for these reasons, respectfully request that this be approved. Thank you. Page 2 4/15/85 Mr. Or!o~ski: Is there any other endorsemsnts of this subdivision? Hearing ~one. Is there any one neither pro nor con but may have information pertaining to this subdivision that may be of use to ~he Boar~? Hearing none. Any questions from the Board; Mr. Mullen {none) ; Mr. Ward (none); Mr. Edwards (none) ~ Okay, being no further ' questions, I will declare the hearing closed and thank you. 7:45 p.m subdivis 24 acres M~. Orl( signed b proof of by Pat W with rea please from Dep from the which ha At this subdivis Ruth Oli because~ th fe~ ther granted. there ha · Public hearing on the question of approal of the minor ion of Cranberry Acres located .at Southold. 4 lots on 'ski: We have proof of publcation in the Suffolk Times, ~ Anna Lekkas and notorized by Ann Abate, we also have publication in the Long Island Traveler Watchman signed ood and notorized by Barbara Forbes. I will dispense ding of the metes and bounds, if there any objections, let me know. (none) We have the filing fee, correspondence artment of Health Services, Suffolk County, correspondence Department of Planning, we have covenants and restrictions ye not been filed yet. Everything appears to be in order. time, I will a~k if there any objections to this minor ion? va: Ruth Oliva, NFEC, we object to this subdivision, No. 1 of this minor subdivision is a saltwater marsh. We do not majority is enough buildable upland to allow a subdivision to be Number 2, I do believe that with our own wetland regulations, to be a 75' building set-back, I do~not believe that on, at 1tast lots No. 3 and 4, the set-backs can beemet, perhaps only No. 1 and No. 2. Thridly, being as this is over 5 acres, each lot, the Board of Health can not review upon this, and I think it is incumbent upon this Board, therefor to pro~ect the health a~d safety of any future owner in that area. I do believe there is a p~oblem with the water with nitrates, I also would like to remind the Board that these lots are slightly elevated with a b~ildable area is any cesspool that would be put in would definitely¼ drain into this marsh. As you know, we are all trying to preserve our wetlands. Thank you very much. Mr. Orlo~ski: Okay, is there anyone else with objectioRmsto this minor subdivision~ State your name. MR. Robert Pike: Thank you, I am Robert Pike a lawyer with offices at Sound~\~venue, Baiting Hollow. I guess I should call it the city of ~aiting Hollow with our new seven--story skyscrapers. I am a lawyer who specializes in environmental law and represent a wide n~mber of environmental groups, in addition I am a professer of environnte~ntal law and teach at the Long Island University in Southampton. I am here tonight representing two of the neighbors Pete and Betty Schloss and Robert GazZa, who own property across the street from the particular property and they have asked me to appear tonight to address a number of their objections. I would say at the outset that the applicant's agent has shown a fair a~ount of good faith in ~he d~s¢~ssing the case with me and has already shown some consideration to the envzronement :Page 3 4/15/85 Mr. Pik~ is a gr~ I have presentc to addrC that th~ health out. by one Mr. Gaz client double : by revising the application to i~s current form, it at improvement, that does not mean it is purfect and number of thoughts on the current plan that has been d. I would like to thank M~ Raynor for his willingness ss the concerns that have been raised. I realize diversly t is slightly subserviant because he has divested some epartment review of the project as Ms. Oliva has pointed he fundamental problem here is fairly simpl~ demonstrated f my client's , Mr. Gazza, experience across the street. a has the unique distinction of being the only of the n the North Fork that has not a single filter, not a ilter, not a tertiary filter, but a four part system to water le can pro~ Gazza~t~ we are c overwhel lots, bu tidal we Those pc DEC juri the mini more imp sell ~ea intheir treat h s water from the same lense that this property, particularly lots No_ 3 and 4 would be serviced by if wells were drived on the individual lot. I know that Mr. Raynor may have some objections to that. and we may get a chance ~D discuss this later but Mr. Gazza h~s the single most expensive water treatment program that I have ~ver seen, and in fact hasato cen~erve his use of his water, forexample, he will infact wait after a substantial rainfall has taken place to use the water. YOu have a very, very small nse there and a verry, very, serious supply problem. I ide further documentation on that, I have a l~st of Mr. eatment system if the Board would like it. I would reiterate oncerned with area calcu&ations in the fact that the mining majority of all of the lots, and they are la~ge~ t the overwhelming majority is ~a'~formerly connected tlands under NY State Law and is entirely undevelopable. rtions of two lots, Lots No~ 3 and 4, that are above sdiction are tiny, and I would ~ues~ion and-~s.k~h~B~ard~ ss in the affirmative the mat~er of whether they meet mum requirements set by the T~wn. I think there is a o~tant problem here, and that is the way people buy and 1 estate, and their expectations upon buying and selling ~own. There is the idea that if this Board were to approve this subdivision that you would end up with four buildable lots. A~d, I am not sure that is the case but the average practitipner of law, upon subdivision approval from the Town would authorizD his client to go ahead and sell the lots. My concern is that ~n unsuffisticated purchaser would not go through the time and expense to determine whether he had a buildable lot, would be unable to obtain affirmative ~epresentatives in a contract to buy the property~that it was a buildable lot and might in fact under Town Law have a bmildable lot and find himself ina position of not being able to build on it, two of the lots, particulary, Lots 3 and 4. My concern then is the Town not persist in this matter and take affirmative steps to make sure that sort of result is not donee I have two basic suggestions in that regard, first of all, in part of my discussions with Mr. Raynor, I suggested to him and his client that they look at the possibility of dedicating ma3or portions, of this site, not to a nature conservancy, but to a relatively new land preservation entity that exists on the end of Lo~ Island, Peconic Land Trust. I spoke earlier to a gentleman running that agency, Mr. Halsey, and h~ indicated that he was very interested in looking in the property. Obviously, my clients would be very grateful if he would donate the enti~e property to Peconic Land Trust and take the appropriate action at that time. Assumming that won't fall from heaven, I have an alternative suggestion which Page 4 4/15/85 Mr. Pike and an E containE that Mr. him and has indJ : is that they consider deeding away lot No. 3, Lot No.4 asement to all of the wetlands that is not currenlty d on Lots 3 and 4, to the Peconic Land Trust. I know Halsey is interested in discussing that matter with I would a~k and I believe he is also interested and cated a willingness to discuss that point. Taking a step further and assuming that that matter does not develop into f~ition I would take it a step further and ask that this Board i~ considering the possiblity of approving this wifi~ all the 6ther objections fall by the wayside that they impose a numbe~ of extraordinary conditions on the property,to solve the problem whibh I indicated before, by way of condition and a perme~antcovenants and restriction on theland that would run wit~ the land that the applicant demonstrate compliance with an~ approval of a water supply and sewage system in compliance with current county regulations, and that would be as tc both water supply and sewage disposal. I think the impositi which th approval an appli basic ob Thank~'~ Mr. Orl~ on of those conditions, in addition ~ the others e Town would normally apply to insure that a ~heoretic&~ of the lot in the Town ~ Southold wo~ld in fact be cable buildable lot for any purchaser. Those are my jections thank you for your consideration of all of them. wski: Are there any other objections t~ this subdivision? Ernest ~ilzenski-My name is Ernest Wilzenski. My property, which is direqtly adjacent to this subdivision. I've owned this property about 1~ years. As you all ~now this is a very serious water situatiqn. In lo years ~ have had three different well points. And, I ~ave been fortunate, I have gone back into the same area and have gotten good water. I would like to say that as Mr. ~azza across the street, the Problem is quite serious and I hope the Board gives this consideration. Thank you. Mr. Orlowski: Thank you. Anyother objections to the subdivision? Jean Tiedke: I have a question if I may. The property would dra~n into the creek which goes Out by Suffolk Community College laboratory right? Mr. Orlowski: Across the street? Yes. Jean Tie~ke: Have any of you seen how that section of road floo~s when the~e is high tide? It floods very severally down there. ~ Which indicates that alot of that property indeed comes under water. And I wo~ld assume the pollution from improperly located or even properly located cesspools could come out into that creek, past the Community College laboratory. Mr. Orlowski: Any other objections? Joann Osman: It is not an objection, ]ust an observation. We live on the corner of Bayview and Cedar Beach Road. We are aware of this property area, because primarily of wa~er that comes up. Fortunately we don't have it, we are on the corner. But it does, every high tide, every heavy rain that road is f~oode~, and it is impassible. Mr. Or] anyone Henry E and I 'm propoert which ha converse Fir~st, into 4 Page 5 4/15/85 wski: Any other objections? Hearing none. Is there eariin favor of this subdivision? Raynor: Just for the record, my name is Henry Raynor, here for Mr. Gus Fink who is the cohtract vendee on the ? y. I should note that I ha~e heard many of the suggestions ve been given this evening from Mr. Pike. He and I have d on the subject and have come to a reasonable conclusion. t is the intent of the applicant to divide 24.77 acres ots. The size of the lots range anywhere from 5.1 acres tO 7.1 to be a to fOur are twe~ This is land sur Sizes pr vary any lots. A acres. This Board is well aware originally this was going major subdivision of seven which were voluntarily reduced for environmental consideration by the applicant. There ye acres of existing wetland~n this proposed subdivision. certified to in a~.report that I had Roderick Van T~yl, veyor. For the Board's specific information, the lot oposed, take an arbitrary lot size inthe surrounding area, ~here from 3 to 15 times the size of the existing residential s you are well aware, the Department of Health Services has stamped the approval. We have further water test done on the site~¥qua~tity and quality with regard to Salt water intrusion regardin~ the discussion this evening. Krieger and Pump corp. on a letter dated the 16th of August, just an excerpt, it says the well produces 40 ga~tons a minute after pumpin~ 3000 ga~10ns of water for more than an hour there was no change in chlorides. As this Board is well aware the average?~household pumps between 150 and 175 gallons per day. That would give you an idea as to the amountoof water that is On the property~ I will draw you specifics to be as fair as possible to the fact that you were to address the old lot No. 7, the elevation on the property and the westerly and southwesterly area is from where the water table was drawn. It was drawn specifically there because the applicant intends to utilize that section of the property for the water system for the lots. So there is not a chance of drawing and coming up with up with the problems of Mr. Gazza. We have presented to the Planning BDard a copy of the covenants and restrictions, as per the resolution of the Planning Board. We will fi~e same with the County C~erk upon approval and we have not filed them because Mr. Fink is the contract vendee to this date. W~ have noted i~ a let%er from Mr. Gahan, who is the present ~roperty owner, t~at the original flooding on part of~ this property took place in the 1930 hurricane. It has been the Suffolk County department of public works who got ~he slue open on the property. Prior to that, that was grazing pasture and it was cultivated as a cranberry bog. I thank Mr. Pike for his information concerning the Peconic Land Trust and will transform the information he has given me this evening to Dr. Fink and subsequent to the Borad's determination upon this property we will take everything said at this hearing into consideration. We are not about to go in~and try to plunde~ the property, we weren't going to go under the o1~ sketch approved map. Given this particular piece of property we have used extreme lattitude in trying to be good neighbors and for those reasons we expect that the p~as~re of the Board would be approval. Mr. Orlowski: you are saying that each lot will be furnished Page 6 4/15/85 Mr. O~l~wski: with its own sewer and w~ter. ! Mr. Raynor: That can be done if that is a condition of approval by this Board. Mr. Orlowski: Alright, if there anyone else in favor of this subddvi~ion? Hearing none, is there anyone neither pro nor con but may have information pertaining to this subdivision which may be of itnerest to the Board~ Betty Sc the strE like to had to ~ cesspool just wot hloss: My name is Betty Schloss and I am a neighbor acrosse et from one~ of the entrances to the property. I would just p6int out, there is a house on Cedar Beach Road were they ut in short lenght cesspools a~d they had to put in three s because the land was so close to the water tab~ andI der howe, if you have four lots ~th four good size houses that the cesspool situation could be controled so that you d6n't have a problem that you are not looking forward to. Mr. Orlowski: Anyone else. Robert ~ike: Just something was not clear to me about the exchange here. Did you ask whether each lot would have one well or if or that they would share the same well? Mr. O~lowski: No, I asked if each lot would have their ~wn well. Mr. Pike: It is my understanding that Mr. Raynor is suggesting that there b~ one well on Lot No. 1 to supply all four lots.~ Mr.'Ray,or: We have the option presentl~ pending the Board's decisio~ , to go forward in either direction. We would in this case seek your guidance. Mr. Orlqwski: Each lot individually wouId have to be approved by Suffolk County. Mr. Raynor: the sta~ meet th~ Boardto particul Mr. Orlc To the best of my knowledge all of the lots will meet dards. We have had three tests done and three tests will present department standards. It is the option of this )ut a s~fety factor on that to assure tha~ there is no ar problem ~ wski: Is that sewer and water it will meet~?~o Mr. Ray,or: They will have to meet that in order to get the permits. Mr. Orlowski: But right no~ you are s~ying through~the tests that you have--done. Mr. Raynor: We have done test wells. Mr. O~lowski: Okay. Ernest Witzenski: I would also like to add,c~as I mentioned before, that my home that I have adjacent to the property I tried to have water four the well, but my water comes'from my nextdoor neighbor. My well comes from my next door ~eighbor, that is where I get my water. Page 7 4/15/85 Mr. Orlgwski: Okay, anyone else? Hearing none, any questions from the Board, Mr. Mull~n. ' ~ Mr. Mul~en: Mr. Raynor, would it be possible for your client, he has ([dne a great job going from seven to four, consider going d6wn to three~ Mr. Ray~or: If that is a condition that the Board will place upon it. Mr. Mu'12en: Well, Mr. Pike requested the elimination of lots three and foul' and I bel~ieve if we can get three out of four it will be fairly equitable situation. I know the water situation is rough down there and we are looking of a situation here of 27 acres and'-Mr. Van Tuyl in September 1983, he mentioned that 1/2 of it is wetlands so I would iike to see if you could possibly get together from four to three I think it would be a solution for everybody concerned. It is not a cure, but it would be a helpd. Mr. Raynor~ In reference, Mr. Mullen, with regard to freshwater. On the ~asls of tests that were pumped out we have a superflous amount 9f water. Again, it is kind of a micro system for the Township, we have water but in some places we have too much of it and ~n some~places we don't have enough of it. Mr. Mullen: But, if we have wa%er what is th~ quality of the water a~d we c~ld have an extremely wet season or a high tide situation and it would.be very damaging to the deal. I wou~d still like you to consider that if you would. Mr. Raynor: We will, sir. Mr. Orlowski: Anyother questions, Mr. Latham? (none), Mr. Ward~ Mr. War~: Did you happen ~o consider along the al~n~'~he ~lines of what_Mr. Mutten was saying, possibly clustering in the West End on %he basis of going as you normally would with a cluster subdivision. Mr. Raynor: Todate it has not been explored, particularly because the~sm~ll size of the numbers of the units. Let me ask this, is the Board amendable to that type of cluster~ng~ I d6n't know how to address that because we would leave less than 20 acres and the criteri~ for a number of ~ears has been that. If the Board would choose~ to explore that, we are more than willing ~o explore that. Mr. Orlowski: Anyother questions, Mr.Ward? Mr. Ward: No, that was it. Mr. Orlowski: Mr. Edwards, (none), Mr. Brye~ did you have any comments on this, I know you have reviewed it. Mr. Bryer: I h~e no questions, I would like to go over it again. Mr. OrlOw~ki: Being as there is no further questions, I will declare this hearing closed and thank you all for coming down. And, we will review all the ideas and input that we received tonight and make our decision. Page 8 4/15/85 Joann O: down an, Mr. Ort Mr. Mic] to disc~ a build ~man: I think it would be a good idea if you all w~nt took a look at it. ~ski: We have many times. lale Hall, esq. was present for a pre-submission conference lss the site plan of Nicholas Petikas for construction~ of Lng to contain a 2,000 square foot restaurant and 1000 square [eet of retail use. This proposal is located at the corner of Main Road andoSOUnd~Road, ~e~p~rt. Mr. Hall explained that approximately 50~ of the propoerty is in a B zone and the remaining 50%,approximately, is in an A~zone. He stated however, that this may be on a down side effect, in other words, more Of the property is actually zoned A. However, this would have to be studied on the zoning to obtain the exact percenaage. Mr. Orlowski s&&d-.~thst the m~re stringent zone applies, therefore, there would be a problem inJ~developing this site. Mr. Orlowski said the Board has reviewed about four proposals for this property over the las~ few years, and due to the zoning, nothing has been finalized with any of those plans. Mr. Hall questioned if the building and parking were all in the B area of the property if the problem would be lessoned. Mr. Hall said the property was abo][t 21,000 square feet. Mr. Orlowski said that ~inimum quare f~)otage required in a B zone ~is 30,000 and since it is obvious that there is less than that, the Board would not be in f~[vor of this proposal. It was also noted that there could be no u]~arking in the A zone. Mr. Latham noted that there is a sever~ flooding problem in the road at this intersection. Mr. Hal said that he realized that this proposal had to be approve~ by the Board Of Appeals, and it was recommended that he receive the necessary variances prior to action by the Plannin~ Board. c. The appointment of Anthony Tohi~l was cancelled since Mr. Tohill could not be present. This will be rescheduled on the next available agenda. This d~sc~ssion was regarding the set-6ff of Louise O. Da~ located at Indian Neck Road, Peconic. On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVE~ that,.the Southold Town Planning Board offer the following comments to the Zoning Board' of Appea~s regarddng the proposed minor subdivision of Guy a~d Ruth Sobering located at Sound Avenue, Mattituek to create 2 lots on 2.9 acres. 1. The lots proposed are less than the c ~rent tw~-acre zoning, and there appears to be a house and a foundation already existing on the property upon field inspection. Vote of the Board : Ayes: Orlowski, Mullen, Latham, Ward, Edwr~rds Page 9 4/15/85 Charles 10.5 ac~ was pre: receive( would b~ and rest contain: off the onto thc On:t~a mol ~eLuca-The Board reviewed this propos&l for 4 lot ~n ~es located at Main Road, Southold. Richard Lark, esq. ~ent for this discussion. Mr. Lark noted that he had a permit from the DEC and expl&ined that all building above the 10' countour. Mr. MUllen requested covenants :fictions as to no further subdivision on Lot No. 1 which 4 acres. This Board also requested tha~ all access be right-of-way so as not to create additional driveways Main Road. Mr. Lark was agreeable to this. ion made by Mr. Latham, seconded by Mr. Mullen it was RESOLVE~ that the Southold Town Planning Board approve the sketch map for the minor subdivision of Charles DeLuca, ~or 4 lots on 10.5 ac~es at Southold; plan dated July 24, 1984, subject to th~s following: ovenants and restrictions as to no further subdivision in .ty on Lot No. 1. 1. ( perpetu: It w~ to all Vote .s also agreed thatthe right-of-way will serve as access .he lots and there will be no d~iveways onto Main Ro~d of the Board: Ayes: Orlowski, Mullen, La,ham, Ward, Edwards Abigail Wickham was present for a presubmission conference for the site plan of Daniel Kaelin for the construction of a retail s~e fear lawnmowers located at Cox's Lane, Cutchogue. Mr. OrlowskJ stated that the Board did not want any backing on to Cox's Lane from the parking lot. Ms. Wickham said that this buildin~ would be primiarily sales at this time. She stated that presently the sales is taking place from the gas station which Mi. Kaelin owns to the South of the ~ite. T~e ~arcets are in ~seperate ownership,~and it was~noted that a setback variance may be ~eeded due to the width of the lot. TMe Board nqted that this should be discussed with the Building Department. The Board questioned if there wou~d be any further subdivision and Ms. ~ickham said that there would be no further subdivision; and~the~s~less surfab~n~th~ pa~kin~il~be asphalt. On~.a motion made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board refer the site plan of ~Daniet A.Kaelin for the construction of a building for retail sales of lawnmower equipment to the BuiRding Department for certification. Vote of the Board: Ayes: O~lowski, Mullen, Latham, Ward, Edwards Henry Lytle- Abigail Wickham, esq. was present for the Board's discussion on this proposal for 2 lots ~n 9 acres located at Soundview Avenue,Southold. Upon the Board's £irst review of this Page 10 4/15/85 Henry Lyt&~3~cont. proposal, the tax map indicated that there existed a right-of-way and another lot within the land that was not shown on the survey. Upon research through the deeds the Board found that Henry Lytle and wife had conveyed a lot to Henry Lytle along with the right- of-way. The Board requested that this be deeded b~ck to Henry Lytle and wife so they would not be creating a third lot with the proposed subdivision. Ms. Wickham indieated that she had prepared a deed for this transfer, however, requested approval prior to filing the d6dument. The Board also requested covenants and restrictions as to no further subdivision, however, Ms. Wickham ddd not agreee to this as she felt her clients would want the option for further subdivision. It was the consensus of the Board to further review this and inspect the property prior to any action Herbert Mandel- Mr. Garrett Strand, architect, was present for the Boa~'d's review of this proposal. He noted a correction on the agenda, the proposal was located at Rocky Point Road not Stars Road. 9his site p~an was for the construction of two 2-family apartme~.ts Mr. Strang has presented this to the Board for their r~commendation prior to filing for a change of zone (prop~y ~s ~n a C zone) or a use variance. Mr. Strang indicated that ther.e w~s contiguous parcels whcih were also zoned C, which the aplican~ wished to merge to the site p~an property for more square footage. Mr. Strang also explained that under the previou~ density requirement, 6 units were allowed with water and sewer in an M zone per acre Therefore, this proposal for 8 unit would only be 2 above the ordinance. The Board questioned the applicant's proposed rental price of $800 per month. Mr. Mullen noted that several aspects of the proposal could b~ eliminated, such as the garage, which would bring the price d~wn. Mr. Strang explained that it was the intention with th9 attached, frame construction, to have the garage fit in. Mr2 Latham was concerned that this would be a summer rental and not benefitting the year r~und residencis. Mr. Strang said that was not the idea at all, infact, the applicant was willing to forego the C zone which permitted heavy uses, in this residential area, to create apartments. David Emilita, Town Planner, stated that a use variance would not be appropriate in this situation and a change of zone was needed. It was the consensus of the Board that they were not ~h favor of this proposal for two (2) two-family attached residences. However, the Board agreed that a residential use would be acceptable providing that the density is in conformance~.~ith the current zoning. On a motion mad aby Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southotd Town Planning Board approve the site plan of P~dge Corp. located at Southo~d for the construction of an adddtion on the existing builddng to be used for office, plan dated J~u~y 15, 1985; subejct to aQ>one-year review~ This received certification f~om the Building Department. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Page 11 4/15/85 ! On a mouflon made by Mr. Edwards, seconded by Mr. Mullen~l~was RESOLVED that the Southold ~own Planning Board approve the si~e plan of the Cutchogue Library for the constructi~ of an addition on the ~xisting library,~plans dated Nove~er 28, 1984; subject to a on_=-year review,~ This si~e plan also received approvals from the Board of Appeals and certification from the Build.lng Department. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards. On a mo~ion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the s~e plan of Stron~sMarineland (Survey for Delores Strong) for the construction of an addition for boat s~orage ~ocated at Mattituck, plans dated as amended Marcn 8, 1985; subject to a onevy~ar review. Plans have received certification from the Building Department. Vote of the Board: Ayes: Orlowski, Multen,Latham, Wa~d, Edwards On a mo~ion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVE.D that the Southold Town PlanningBoa~d approve the si~ p_~an for Southold Floor Covering for the. construction of a storage building, plan dated January 15, 1985 sub~.~ct t~ receipt of a letter indicating that a fence will be constructed on the northerly property line as indicated ~n~the sketch which was submitted, on March 22, 1985 and a one-year review. Vote of the Board: Ayes: Orlowski, Mullen, Latham,Ward, Edwards On a mo%ion made by Mr. Ward~, seconded by mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the site plan for Larry and Violet Tuminello for the construction of an addition to tan existing b~ilding for an 80-seat restaurant, located at Arshamomaque, plans dated March 12, 1985; subject to a one~ year reuiew. This plan received certification from the Building Dep~rtment. Vote of the Board: Ayes: O~ow~ki, Mull~, Latham, Ward, Edwards On a motion~made by Mr. Ward, seconded by Mr.Latham, it was RESOLVED that the Southold Town Planning Board declare ~b.~self~3~ lead lead agnecy with regard to the State Environmental Quality Review Act for the minor subdivision of Mohring Enterprises, Page 12 4/15/85 Inc. lo Vote On a mo action ~ated at Mattituck. '""' of tne Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards zion made by Mr. Wa~d, seconded by Mr. Latha~ the~911owing as tkken: NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section- 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby gi;en that Southold Town Planning Board as lead agency for the actio described below has determined that the project will not have a si nificant effect on the environment. DESCRIPTI, N OF ACTION The linor subdivision of Mohring ~nterprises,Inc. is four lots on 15.9 acres located at Mattituck, Tax Map No. 1000-122-3-11 The project has be~n determined not to have a significant effect on the environment for the following reasons: An e~vironmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Beca%se there has been no correspondence from the New Y~rk State Department'of Environmental Conservation in the ~llotted time it is assumed that there are no comments or objections by t~at agency.' The SUffolk County Health Department has no objection to our .lead agency status. They have received an application and the proposed project ~s in' non-conformance with Article 6 due to · nsuz~mc~ent depth of test well. In addition, required test hole inspections have not been done to determine subsoil conditions. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M-. SchuEtze,._ Secretary, Southold Town Planning Board Main Road, Southold, New York 11971 ' Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Page 13 4/15/85 On a mo~lon made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board accept and refer to the Tow~ Board the bond estimate of $350,000 for road improvements within ~he major subddvision of Long Pond Estates, Section I, located at Southold. -- Vote of the Board : Ayes: Orlowski, Mullen, Latham, Ward, Edwards On~.a mo%ion made by Mr. Mullen, seconded by Mr. Latha~ it was RESOLVED that the Southold Town Planning Board override the Suffolk County Planning Commission's resolution of deni&l with regard to the Shbdivision of Constance Klapper located at Cutchogue, based on,the iD~m~tion submitted by the attorney for the applicant. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made byMr. Mullen, sseeonded by Mr. Latham, it was RESOLVE~ that the Southold Town Planni~g~Board approve the minutes of the regular meeting of December 17, 1984. Vote of the Board: Ayes: Orlowski, Multen, Latham, Ward, Edwards On a mo~.ion made by Mr. Latham, seconded bY Mr. Edwards, it was RESOLVEI that the Southold Town Planning Board approve the minutes of the ~egutar~-meetinq of 3January 5, 19_~5.. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Board to set the f~llowing new proposals for field inspections: 1. Peconic Homes-4 lots on 45 acres off Sound Avenue,Laurel. 2. Agnes McGunniqle-set-off of 11.7 acres from 22 acres at Light- house Road, Southold. 3. Charles Simmons- 4 lots on 57 acres at Sound Avenue, Laurel On a motion made by Mr. Ward, seconded by Mr. Latha~ it was RESOLVED that the Southold Town Planning Baord declare that the Draft Environmental Impact Statement and Supplemental Report for the proposal of Nicholas Schick located at Orient is sufficient~ for ~eview by all inh~z~h~d and affected parties. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Page 14 4/15/85 On a motion made by Mr. Mullen, seconded by Mr.Latha~ it was RESOLVED that the Southold Town Planning Board ~efer the following comments to the Zoning Board of Appeals regarding the set'off application of James Periconi and Marion Cimini: 1. pt was noted that there are presently two d~llings on the lot~ upon field inspection, it appears that both are occupied however~ one may be a seasonal home. 2. This set-off would lesson the non conformity of the lot which presently has two dwellings on it. These comments are referred regarding the application ~or a ~_ ~ variance filed with the Board of Appeals. Vote of the Board: Ayes: Orlowski, Mulle~, Aatham, Ward, Edwards On a mo~ion made by Mr. Edwards, seconded, by Mr Mullen, it was RESOLVED t~at ~he Southotd Town Planning Board refer the f~owinq commen~s to the Zoning Board of Appeals regarding the set-off application of Helen Conway located at Southold, following a field nspection: 1. It appea~s, upon review, that ~he parcel to be set-o~ was si ~le and has become merged~to the remaining land of Helen Conway. 2. t was noted that the surrounding lots in the area are small under the two-acre zoning). 3. With the 50' strip to the east, there is still access to the back 6.0 acres. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Ward, seconded by Mr. Mullen it was RESOLVE~ that the Southold Town Planning Board, ~ef~r t~he :following commen~s to the Zoning Board of Appeals regarding the minor sbud-----~ision of Howard L. Young and wife at Orient. 1. Two of the three p~oposed parcels are less than the 80,000 square foot minimum, however, it was noted that the surrounding lots in the neighborhood are small. 2. Consideration should be given to creating two conforming lots r~ther than three as proposed. 3. The Board questioned the 90© turn in the driveway. Vote of the Board: Ayes: Orlowski, Mullen, War~d.,~E~wa~ds · Abstained: L a~tham~ ~age 15 4/15/85 On a mo~ion made by Mr. Latham, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of D©rman, Townsend, McKa¥, ~nd Millis for 4 lots on 11 2/3 acres located at Orient, map~dat~=d October 16, 1984. Vote of the Board: Ayes: Orlowski, Mutlen, Latham, Ward, Edwards The Board also requested that the applican~t request standards for road imprcvement, pursuant to Section 280-a of Town Law. Also, the Board requested covenants and restrictions as to no further subdivisicn in perpetuity. On a moti¢ n made b~r-Mr. Latham, seconded by Mr. Mullen it was RESOLVED ~hat theaSouthold Town Planning Board override the Suffolk C( unty _P. lannin.~. Commission~ s resolution regarding the minor subdivision of Andrew Lettieri, located at East Marion. Vote of the Board: Ayes: O~!ow~ki,~ Mullen, Latham, Ward, Edwards On a moti( n made by Mr. Latham, ~seeonded by Mr. Ward, it was RESOLVED that whereas, a form&~l application for the appm-o~l of a subdivision plat entitled "Andrew Lettieri" located at East MarioD was submitted to f~e~n~n April 16, 1984 and filing fee of $50 was paid on April 16, 1984, and, WHEREAS, a public hearing was held on ~said subdivision application and plat at the Town Hall, Southold, New York, on April 1~ 1985 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 for "Andrew Aettieri" ~or approval of said subdivision plat prepared by Frank ~, and last dated October 17, 1984 be~a~proved and the chairman b~ authorized to endorse___a~roval on said shbdivislon plat-~tt--~--~e ~l~w~~diti~n~-~o be completed within six (6) ~nths fr~-~ t-~-~-~ ~ resolution: 1. Filing of covenants and restrictions with the County Clerk statlR~ that any further subdivision of Lot B will be limited to Three (3) lots. Vote of the Board: Ayes: O~lowski, Mullen, Latham, Ward, Edwards On a motion~'ma~e by Mr. Mullen, seconded by Mr~'Latham it was RESOLVED that the Southold Town Planning Board accept and reque~t Page 16 4/15/85 compliance[with Inspector John W. Davis'sreport No. 432 regarding the access road within the minor subdivision of James Dean located at Matti~u.~k. Vote of the Board: Ayes: Ortowski, Mutlen, Latham, Ward, Edwards On a motiol made by Mr. Mr. Ward, seconded by Mr. Mullen, it was RESOLVED ti at the South61d Town Planning Board accept the minimum requiremen- on the improvement of the r~ght-of-way for issuance of the building permit providing that alt .aimprovements% pursuant to 280-a, ~re completed prior to the issuance of a certificate of occupancy for the access road within the subdivision of Jams Dean located at Mattituck. Vote of the Board: Ayes: Orlowski, Mullen, Latham,Ward, Edwards On a motiol RESOLVED t! at 7:30 p.i for a regu[ Vote On a motioi RESOLVED ti made by Mr. Multen, seconded by Mr. Latham, it was at the. Southold Town Planning Board set May 6, 1985, l_. at the Southold Town Hall, as the time and place .ar meeting of the Planning Board. of the Board: Ayes: O~lowski, Mullen, Latham, Ward,Edwards made by Mr. Latham, seconded by Mr. Mullen, it was at the Southold Town Planning Board set May 6, 1985 at 7:30 p.~. at the Southold Town Hall, MaCRoad, Southold as the time a~.d place for a public hearing on the question of approval of the major subdivision of Blue Horizons, located Peconic. Vote of theBoard: Ayes: Orl~wski,Mullen, Latham, iWard, Edwards On a motion made by Mr. Edwards, seconded by Mr. Mullen it was RESOLVED:t~at the Southold Town Planning Board set,7~Monday, May 6, 198~ at 7:45 p.m. attthe Southoid Town Hall, Main Road, Southold as the time and place for a public hearing on the question o~ approval of the minor subddvision of Briscoe Smith, located at Fishers Ilsnad, Containing 4.15 acres. Vote of the Board: Ayes: Orlowski, M~llen, Latham, Ward, Edwards On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED t~at the Southold Town Planning Board approves the use of Belgian Block for curbing in the subdivision of Sebastian's Page 17 4/15/85 Cove, located at Mattituck, as approved by the Superintenden~ of Highways Vot, Being no made by M~ meeting w~ of the Board: Ayes: Otlowski, Mullen, Latham, Ward, Edwards urther business to come before the Board, on a motion · Latham, seconded by Mr. Mutlen, and carried, the ~s adjourned at 9:30 p.m. h~ tt Orlowskz, J~ Chalrmau RECEIVED THE SOUTHO~ ;D FU.FD BY TOWN Respectfully submitted, Diane M. Schultze, Secretary $outhold Town Planning Board