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HomeMy WebLinkAboutPB-07/29/1985Southold, N.Y. 11971 (516) 765-1938 The So~thold Town Planning Board held a regular meeting on July 29, 1985 at the Southold Town Hall, Main Road, SouthoId- ~ro8oB~ ~orol Chairman Bennett Orlowski, Jr. Member~William F. Mullen, Jr. Member~G. Ritchie Latham, Jr. MemberjKenneth Edwards Executive Administrator Victor Lessard Town Planner David Emilita 7:30 p.m. Public hearing on the question of approval of the major subdivision of Long Pond ~states, Section One for 24~lots on 34 acres. ~ca---~ ~old--~-- Mr. Or%owski: We have proof of publication in the Suffolk Times signed by Anna Lekkas and notorized by Anne Abate, we have proof of publication in the Long Island Traveler Watchman, signed by Pat Wood and notorized by Barbara Forbes. I will dispense with the reading of the metes and bounds, if there are any objections, please let me know. (none). This final it has applic~ Joyce have s~ just 1 ~bdivision dates backa long time ago. We had a ~earlng in 1979, and we are re-doing it now because been a long time to get this worked out with the .nt. At this time, I will ask.if there any objections. .idgewell: I live in Mill Colony. I would like to me information about this before it goes on. I would ke to know a little more of the details. Mr. Orlowski: Okay, I will now ask if there is anyone in favor of this application. Mr. Jeffery Forchelli, esq: We have a problem with the contract with the Village of Greenport for the water. I have the Village of Greenport contract by resolution of the Board, it is signed by the Mayor, however, they require Page 2 7/29/85 Long Pc Mr. Foz would Board. $62,00C John W. we will be in S subject bond fc Mr. Orl pro noz none. Mr. Lat Being closed Mrs. Ri subdivi Mr. Orl you can Mrs. Ri Mr. Orl of Gree nd Estates cont. chelli: a $62,000 non-refundable payment whick we ot like to pay until we have some action by the Planning Then, if the Board approves this, we can give the which is, as I-said, non-refundable. Regarding Davis' recommendation for a temperary turnaround, agree to construct that and the second access will ection II of Long Pond. And, if the Board approves, to, we will have the contract filed and pay the r the bond estimate. owski: Thank you. Does anyone have anything neither con but of some information for the Board? Hearing Any questions from the Board? Mr. Mullen, none; ham, none; Mr. Edwards, none; Mr. Emilita, none. no further comments, I will declare this hearing and thank you for coming down. dgewell: Please tell me how I may learn about this sion. 0wski: Just stop in the Planning Board office and review the file. dgewell: Is there a problem with the water? Dwski: That is between the applicant and the Village port. $62,000 is that the price? Mr. For is 61,6 the fun Willia~ Lark, e to cons :helli: $2570 per dwelling unit and times 24 units 30, and they can increase it. The water goes to for developing new water treatment plants. and Helen Coster - Mr. and Mrs. Coster and Richard ~q. were present for the review of this site plan nruct a funeral home at Main Road, Cutchogue. The Chairma abstained from any discussion and action regarding this plan. Mr. Coster stated that he wanted to bring the Board up to date on the status of the application. Mr. Coster ~pplied to the State Department of Transportation and has received the regulations for a curb cut. Mr. Coster explained that the requirements of the State DOT would require a new site plan since they wanted one ingress and one~ egress ondifferent roads. Mr. coster indicated that the site plan would be submitted on Wednesday, so they missed the agenda by two ~ays. Mr. Coster also said that he was having an enginee~ do the drainage plans. Mr. Coster reviewed the landscaping details indicating that he was proposing scotch pines and blue spruce. Mr. Coster requested an appointment on the next agenda since he anticipated receiving his plans with all the information that the Board requested such as key map, test hole, piping roof drainage to leaching pools as well as, the other information. It was the consensus of the Board to schedule this on the agenda for the August 12 meeting. Page 3 7/29/85 On a RESOLVE~ 1985 at and pl~ Vol On a mo ~ion made by Mr. Edwards, seconded by Mr. Latham, it was that the Southold Town Planning Board set AuGust 12, 7:30 p.m. at the Southold Town Hall as the time ,~e for the next regular Planning Board MeetinG. of the Board: Ayes: Orlowski, Mullen, Latham, Edwards 21on made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVE~ that the Southold Town Planning Board accept Inspector John W.~Davis' report No.458 regarding the final inspection on the~road within the subdivision of Settlers at Oysterponds located~at Orient. Vot~ of the Board: Ayes: Orlowski, Mullen, Latham, Edwards On a motion made by Mr. Latham, seconded by Mr. Edwards, it was RESOLVE of a su Laurel filing WHEREA and pla at 7:30 WHEREAS the Tow and app ) that whereas, a formal application for the approval ~division plat entitled "Richard J. Cron" located at vas submitted to the Plannig Board on July 9, 1984 and,' Gee of $120 was paid on July 9, 1984, and a public hearing was held on said subdivision application at the Town Hall, Southold,New York, on July 8, 1985 p.m., and the requirements of the Subdivision Regulartions of of Southold have been met by said subdivision plat [ication, NOW, THEREFORE, BE IT RESOLVED that the application of "Richard J. Cron~ for approval of said subdivision plat prepared by Howard ~un-~--~d last dated March 25, 1985, be approved and the ~hairman be authQrized to endorse approval on said subdivision plat subject to the ~ollowing conditions within six (6) months from the date of this resolution: 1. Receipt and accepatance of the $5,350 fee for park and playground by the Town Board. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards Lighthouse Associates- The Town Planner made a field inspection of the premises and noted that the lots proposed are largar than those surrounding the site. It was also noted that the Page 4 7/29/85 lots are conforming to the minimum requirements for the lot width. On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board declare themselves lead ag=_ncy with regard to the State Environmental Quality Review ~ct for the minor subdivision of Lighthouse Associates, 4 lots Dn 11.705 acres at Southold. An initial determination of non-significance has been made. Vot of the Board: Ayes: Orlowski, Mullen, Latham, Edwards On a mo ~ion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVE) that the Southold Town Planning Board approve the sketch map for the subdivision of Liqhthouse Associates for 4 lots on 11.7)5 acres located at Old North Road, and Lighthouse Road, Southol ~. Map dated June 3 1985. Vot of the Board: Ayes: Orlowski,Mullen, Latham, Edwards Creativ Ventures- The Board reviewed this subdivision application for 3 lc~ts on 8.351 acres. It was noted that Lot No. 3 contained a large area of wetlands. On a mo~lon made by Mr.Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board request the upland area onlLot No. 3 to be placed on the survey for the subdivision of Creative Ventures located at Cutchogue. Vot~~ of the Board: Ayes:Orlowski, Mullen, Latham, Edwards Salvatone Rizzo - The Board reviewed this lot-line change application located at Southold. It was the consensus of the Board to request an amended survey clarifying the proposed action. It appears that th~ applicant wishes to merge the piece from the neighbor to his property. However, the Board will await receipt of the amended surveys prior to any further review or action. Mr. Edwards~ seconded by Mr. Latham, it On a motion made by wa§ RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "John and Catherine Simicich"located at Mattituck was submitted to the Planning Board on February 21, 1985, and filing fee of $100 was paid on February 21, 1985, and Page 5 7/29/85 John and Catherine Simicich, cont. WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on July 8, 1985 at 7:45 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Towr of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of "John and Catherine Simicich" for approval of said subdivision plat prepared by Howard Young dated as last amended June 7, 1985 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following condition within ix (6) months from the date of this resolution: 1. Filing of covenans tna drestrictions with the County Clerk a to no further subdivision of any lot in perpetuity. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards Arshamo~aque Island - The Board reviewed this application for 4 lots on 18¼ acres at Southold off a right-of-way. Bit was noted t~at most of the premises is in the flood zone . The Board requested covenants and restrictions regarding no further~subdivision and these had been submitted to the file. The Board requested that the Town Attorney review the covenants and they will be forwarded to him. The Board had questioned the lot-~line on Lot No. 4 since it could not be defined. The Chairma~ read the correspondence in the file from the Town Attorne~ regarding this, which indicated that this question was act~all~ one of title and therefore the Planning Board had no jurisdiction. The Board noted that Lot NO. 4 was an oversized lot as proposed. On a mo~ion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of ~rshamomaqu~ Island located at Southold for 4 lots on 18¼ acres subject to covenants and restrictions as to no further subdivision of any lot in perpetuity. Map dated as last amended July 24, 1985. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board d.eclare themselves lead agency under the STate Environmental Quality Review Act Page 6 7/29/85 for the minor subdivision of Arshamomaque Island located at Southold. Vote of the Board: Ayes: Orlowski,Multen, Latham, Edwards John Costello at Greenport Annexation to Village - The Board reviewed this proposal and their recommendation to the Town Board. Mr. John Costello was pre~ent. On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board forward to the Town Board the followinq correspondence: "Town Board Town of Southold Southold, NY 11971 Gentlemen: The Planning Board is deeply interested in having the above project brought to fruition regardless of which governmental body handles the situation. We might suggest that a meeting withthe Town and village officials might resolve this matter to the advantage of all concerned and provide affordable housing. We are available to assist in any way we can. Very truly yours, Bennett Orlowski,Jr., Chairman Southold Town Planning Board" Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards The Chairman explained that the Board"has ~orked on this project, and the purpose of the project is to provide affordable housing for th~ Town. The Board,also, noted that the applicant had provided covenants a~d restrictions that he would work with the Planning Board on the site plan even if the property is annexed to the Village of greenport. The Board hoped that the Town Board would consider this closely when it is time to make a decision, on the a~nexation. Mr. Mullen stated that the applicant had proposed to price the lots at $15,000 unimproved and $65,000 improved. Page 7 7/29/85 Thomas Perilo- The Board reviewed this set-off located at Mattituck which hss received Zoning Board of Appeals approval and conditional PlanninG in thei~ the appl County The Boa~ Plannin¢ It was, This ha lots. ~ favor of Board approval. The Suffolk County Planning Commission, review, had denied the proposal. The attorney for icant requested that the Planning Board override the nd indicated his reasons in correspondence to the Board. d read the correspondence from the Suffolk County Commission, and the correspondence from the attorney. lso, noted that the prior layout was for four lots. since merged and the applicant was requesting two he Board felt that this was upzoning and were in the proposal. On a mo~ion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVEq that the Southold Town Planning Board override the SuffolkjCounty Planning Commissions' resolution' ~ ~val regarding the set-off of Thomas Perillo located at Mattituck. Vot~ of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a mo~ion made by Mr. Latham, seconded by Mr. Mullen, the following action was taken: NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental ConservationLaw State Eqvironmental Quality Review Act and 6NYCRR Part 617, Section~617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIP~ The is for The effect An ind~ env~ ION OF ACTION minor subdivision of Edward D. Dart located at Southold lots on 3.634 acres, tax map no. 1000-55-1-10. project has been determined not to have a significant n the environment for the following reasons: nvironmental assessment has been submitted which cated that no significant adverse effects to the ronment were likely to occur should the project be implemented as planned. Because there have been no comments or objections from the~Department of Environmetal Conservation in the alotted time,~ it is assumed that there are no objections from that department. The Suffolk County Department of Health Services has no objection to our designation of lead agency status. Page 8 7/29/85 Thew are conditionally in agreement with our initial determination. There is no record of an application to tha~ department. It appears that the project can be served by ~ndividual~ subsurface sewage disposal and a public water supply system. The project appears to meet the department requirements regarding lot size, a subdivision application is ]'equired under Article 6. The project will meet all ~he of Further Schultz~ Southol( Vot~ On a mot RESOLVEI hearing Soutohl( Suffolk Vot~ requirements of the Code of Town of Southold Subdivision .and Regulations. information can be obtained by contacting Diane M. ., Secretary, Southold Town Planning Board, Main Road, ~, NY 11971 of the Board: Ayes: Orlowski,Mullen, Latham, Edwards ~ion made by Mr. Latham, seconded by Mr. Mullen, it was that the Southold Town Planning Board set a public on the minor subdivision of. Edward D. Dart, located at subject to receipt of notice of approval from the County Health Department pursuant to Article 6. of the Board: Ayes: Orlowski,Mullen, Latham, Edwards The roi%owing new proposals have been set for field inspections: 1. Ley%and Fraser - Lot-line change located at Nassau Point Road, C~tchogue. Mr. Mullen cautioned the Board about right- of ways in the Nassau Point area and possible encroachment of same 2. Mart at Cox Nc noted ti for the 3. Joh] ~in Bergman - set-off to change two existing lots located ~ck Road, Mattituck, containing 4.1 acres. It was ~at the Board had previously reviewed a similar proposal premises and it had been denied. Sepenoski - 2 lots on 3.954 acres, applied as a set-off, located at North Road, Southold. Itwas the consensus of the Board to request that the surveyor place the square footage of Lot No. 1 on the survey. On a motion made by Mr. La%ham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the lot- line change to add 13, 160 square feet tothe house lot of Frank sawicKi; suOject to ZL±lng of covenants and restrictions with the County clerk indicatinq the propoerty willmerqe. Page 9 7/29/85 Walter Map July 12 Vot Mary Le applica noted ti proposa On a mo' RESOLVE] set-off acres t( Vote Southpo] ~nd Frank Sawicki cont.: Leon Sawicki Estates at Southold, dated as last revised, 1985. of the Board: Ayes: Orlowski,Mullen, Latham, Edward's land - Ken Edwards made a field inspection of this ~ion for a set-off located at Fishers Island , he lat there was no problem out in the field and the conforms to the FIDCO map. ion made by Mr. Edwards, seconded by Mr. Mullen, it was that the Southold Town Planning Board approve the for "Location Systems" located at Fishers Island, for.38 merge with property owned by Mary Leyland. of the Board: Ayes: Orlowski,Mullen, Latham, Edwards t Development - The Board reviewed the file for this change ~f zone located at Greenport, presently referred to as "Young'~ Marina". The Town Board has requested recommendations from thy Planning Board regarding this change from "C" Light Industrial to ,M-l" General Multiple. On a mo%ion made by Mr. Latham, seconded by Mr.Mullen, it was RESOLVE! recommei Develo' The for Sou~ General as "Youi The for mote operati, Raymond RecreatJ The ~ that the Southold Town Planning Board forward the following ~dations regarding the change of zone proposal for "Southoporf Lent Corp." to the Town Board: Planning Board has reviewed the proposed zone change .hport Development from "C" Light Industrial to "M-l" Multiple Residence District. The property is known ~g's Marina". applicant's request for the M-1 District is to allow 1 and restaurant use in conjunction with the marina n. The proposed Master Plan zone recommendation by Parish, Pine and Weiner for the site is Marine on. Planning Board, therefore, recommends,for your consideration the zon~ change to the M-1 District subject to the applicable covenants and restrictions to restrict the M-1 use for the uses that would parallel the proposed mareine recreation zone which would a~low for restaurant and motel use. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards Page 10 7/29/85 On a mqtion made by Mr. Latham, seconded by Mr. Mullen, the following action was taken: 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 Southol~, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that th~ project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of N.Charles DeLuca is for 4 lots on 10 acres at Main Road, Sou~-~-~ ~a~ ~ No. 1000-66-2-2. Thel projsct has been determined not to have a significant effect bn the environment for the following reasons: An ind Shy imp The tha a s ~nvironmental assessment has been submitted which icated that no significant adverse effects to the ironment were likely to occur should the project be lemented as planned. Department of Environmental Conservation has indicated t this project is an unlisted action and will not have [gnificant effect on the environment. The Department of Health Services has no objection to our designation of lead agency, there is no record of an application to that department. IT appears that the project can be served with individual water supply systems. A subdivision map is required to be filed under Article 6, the following information is needed prior to further review: 1. subsoil conditions to a depth of 17', 2. letter of der ~rmination from the DEC regarding lots No. 3 and 4 under the tidal wetlands act. The project will meet all the requirements of the Code of ~he Town of Southold Subdivision of Land Regulatrions. Further information can be obtained y contacting Diane M. Schultze, SEcretary, Southold Town Planning Board, Main Road, Southold, New York, 11971 vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a motion made by Mr.Mullen, seconded by Mr.Mullen, it was RESOLVED that the Southold Town Planning Board, following a field inspection, recommend to the Town that the letter of Page 11 7/29/85 credit be released on Highpoint at East marion, Sections I and II. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards It was ~lso noted that the Highway Superintendent recommended releaseFof the letter of credit; and, the applicant's attorney had correspondence~ indicating the intent to dedicate the roads. Cranberry Acres - The Board reviewed this proposal for 4 lot s~n 24.7 acres located at Cedar Beach Road, Southold. The applicant's agent has requested an extension on the Plannin~ Board's final action. Mr. Emilita was asked, by the Board, to compute the upland area, since there are considerable wetlands on this site. On a motion made by Mr. Edwards, seconded by Mr.Mullen, it was RESOLVED that the Southold Town Planning Board grant a 90- day extension on the final action of the minor subdivision of. Cranberry Acres located at Southold, pursuant to the request of the agent for th applicant. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards Meadow Farms - The Board reviewed this application for a change ~f zone from "A" Agricultural-Residential to "M" light MUltiple Density located at Main Road, Southold, containing 18 acres. This proposal is for 72 units for affordable housing. The Town Board requests the Planning Board's recommendations regarding the change of zone. On a morion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVEp that the Southold Town Planning Board forward to the Town Board the following recommendation reg~ propose~ change of zone for "Meadow Farms": The~Planning Board has held numerous meetings with the applicant which h~s submitted a plan for 72 units addressing the affordable housing issue in the Town of Soutohld. The prices, incidentally, of these units are a low of $55,000 and a top of $85,000. The applicant is requesting a change of zone to the M classification. Page 12 7/29/85 Meadow Farms cont. It ~s the Planning Boards recommendation that the Town Board c~nsider this change of zone based upon obtaininq covenants and restrictions which wold parallel the affordable housin "Hamlet ' · gL Density" conditions of the proosed zonlnq ordinanCe prepared by Raymond, Parish, Pine and Weiner. Vot, Mr. Mul 10% of then be type of it when project Departm~ project also th~ of the Board: Ayes: Orlowski,Mullen, Latham, Edwards Len explained that the applicant had agree to provide ~he units in the $55,000 price range, the prices would up to $85,000. Mr. Mullen also discussed the condominium ownership and pointed out that he was not in favor of first proposed, however, it is the only way this could meet the criteria of the Suffolk County Health ~nt. Mr. Mullen also expressed his wish that this could benefit the people who need housing, and people who live in the Town. On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the lot line ch&nge for Thomas and Christine Conway located at Southold to add 55' to the westerly lot line and 15' to the southerly lot line of the existing house lot subject to: 1. Filing of covenants and restrictions with the County Clerk, indicating the merger of the land. Vot~ On a mot RESOLVE! lot linc 55' to to: Clerk, of the Board: Ayes: Orlowski,Mullen, Latham, Edwards ion made by Mr. Latham, seconded by Mr.Mullen, it was that the Southold Town Planning Board approve the change for Margaret Conway located at Southold to add he westerly lot line of the existing house lot subject iling of covenants and restrictions with the County .ndicating the merger of the land. vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a motion made by Mr. Latham, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board refer the site plan of Genevieve L. Richards for the construction of a storage Page 13 7/29/85 Genevieve L. Richards, cont. buildin~ located at Arshamomaque to the Building Department for certification. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards It was 91so noted that this application received approvals from the Board of kppeals, with conditions. Homestetd Acres - The Board reviewed correspondence from the Superintendent of Highways regarding a curb cut onto County Route 43. When the subdivision was approved, the road was to meet th~ County Road, however, a house was not indicated on the sur'Tey map. When grading on the proposed road was begun, it was ~pparent that the road would come very close to the exlstin~ house. The Highway Superintendent recommended that t~e road to County route 48 not be constructed since there w~s access from the existing subdivision of Eastern Shores,~to the East. On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVE~ that the Southold Town Planning Board concur with the rec6mmendation of the Superintendent of Highways and removal of the road, for the Homestead Acres subdivision at Greenport. vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards Proposed Moratorium in Certain Zones- The Board reviewed the proposed Moratirium in Certain Zones which was transmitted to the Plannig Board for a recommendation. The Chairmanstated that th~s was reviewed by the Town Planner, David Emiilita. Mr. Emi~ita submitted a report for the Board's review regarding his recommendation on a moratorium. The Chairman read th report as foll~ws: "Building permit, site plan approval and subdivision moratoria invite and resultin exactly the opposite of what is intende~,that is~ a rash of ill-conceived and improperly desinged applications for the very sites on which regulations for development are proposed for amendment. Any discussion of a moratorium is like,throwing a stoen into a calm pond. Moratoria are best utilize~ when a public health threat is involved and adoption ' is swift to insure validity and achievement of the desired result. OtherwiSe, lawsuits abound and valuable timle, effort, and money are spe~t defending the act itself. This time and effort is thus no~ available to do th~ planning needed under the moratorium's protection. Under provisions of the proposed moratorium, Section 100-161, even completed applications cannot be approved or acte~ on in any way by either the Plannig Board or Building Department. This appears to be inconsistent with Section 274a of town law with regard to site plans wherein only a 45 day maximum period can elapse between submission, (if no hearing) or a hesring on a site plan, and action by the Planning Board. Page 14 7/29/85 Moratorium cont.: in orde and oth request applica complet, morator applica' complet, suits.f It was approva The Planning Board is not clear on how the Town Board can change the sta~e statute on site plan approval. The Planning Board request~ that a meeting with the Town Board to discuss the merits ~f the proposed moratoriu. If the Town Board is firmly ~onvinced thqt a moratorium is essential on site plan approvals, a relief in the review procedure is necessary ~ that the Board not be deluged with processing incomplete ~r unsatisfactory applications. The Planning Board that Section 100-163 include a waiver for those ~lons that the Planning Board has determined to be ~ in every respect as of the effective date of the ~um. This would enable the review to continue of those ~ions already complete as well as those which are submitted ~ly between now and enactment. Such a waiver would preclude )r approval because of Planning Board non-action." ~oted that some certified site plan s may receive automatic if the Planning Board does not acton them within a certain amount of time, which as Mr. Emilita's report mentions, could b~ing suits to the Town. The Planning Board concurred with th~ recommendations contained it the report, and adoptedlsame. On a motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board forward the report with re~ommendtions regarding the proposed moratorium in certain zones t6 the Town Board for their consideration. vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a mo%ion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "Briscoe Smith,et. al." located at Fishers Island was submitte~ ~-~ t-~ P1--~ B~-~ on January 1, 1983 and, filing fee of $100 was paid on September 12, 1984, and, WHEREASf a public hearing was held on said subdivision application and pla~ at the Town Hall, Southold, New York, on May 6, 1985 at 7:45 p.m., and WHEREAS~ the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of "Briscoe Smith, et. al." for approval of said subdivision plat prepared by Chandler,Palmer, and King dated last amended April 10, 1985 Page 15 7/29/'85 Briscoe Smith, et. al.: be a on sai~ within Lot thc Vot~ pproved and the Chairman be authorized to endorse approval subdivision plat, subject to the following condition ~ix (6) months from the date of this resolution: Filing of the covenants and restrictions, stating that NO. 3 will not be considered a building lo~, with County Clerk. of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the site pl&n for "Seven-Eleven" located at Cutchogue for construction of a storage building for returnable bottles. It was ~oted that this site plan had received approval from the Zoning Board of Appeals and has received certification. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a mo~ion made by Mr. Latham, seconded by Mr.Mullen, it was RESOVLED that the Southold Town Planning Board approve the site plan for "Seven-Eleven" located at Southold for construction of a storage building for returnable bottle. This proposal has received certification from the Building Department. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a mot~ion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planninq Board approve the site plam for"Seven-Eleven" located at ~reenport for construction of a sto~age building for returnable bottles. It was noted that this proposal received certification from the Buiding Department. Vote of the Board: Ayes: ©rlowski,Mullen, Latham, Edwards Seven-Elevens - The Chairman noted that the above proposals were for the storage~buildings on the side of the existing buildings. The applicants were not in favor of the Board's request to have the buildings located in the rear. Page 16 7/29/85 On a m~tion made by Mr. Mullen, seconded by Mr. Edwards, it was RESOLVEID that the Southold Town Planning Board recommend to the Tow~ Board that ~he Town Board request an e~ o~--thr letterQf credit for the major subdivision of Hillcrest Estates located at Orient, as the present letter of credit expires on August 3' 1985. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards On a mo~ion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVE~ that the Southold Town Planning Board accept the report of the Board of Assessors and recommend to the Town Board t~at the figure per mile for assessment prior to highwayldedication be increased from $40,000 to $100,000 Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards The Planning Board discussed the services businesses in th~ "A" Agricultural and Residential Zone. The Board feels that the cod~ interpretation of Section 100-30 A(2) regardin~ commercial agricultural operatiosn was not meant to be utilize~ for a service business establishment. On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board recommends to the Town Board that Sectionl00-30 A(2) be amended to provido for a 10~acre minimum for commercial aqricultural operations., as follows: (underline indicates addition) "The following commercial agricultrual operations on a minilnum lot size of 10 acres, and accessory uses thereto, including irrigation, provided that there shall be no storage of manure or other odor- or dust-producing substance or u~e, execpt spraying and dusting to protect~.vegetaion, within one hundred fifty (150) feet of an5 l~t line" Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards The Board commended Mr. Mullen for the reports whick he presente~ to the Town Board regarding affordable housing. Mr. Mullah did extensive research on this topic and made several ~ecommendations on how to achieve affordable housing in SouthOld Town. Being no further business to come before the Board, on a motion made by Mr. Latham, seconded by Mr. Edwards and carried, the meeting ~djourned at 9:00 p.m. Page 17 7/29/85 ~eh~n'et t RECEIVED AND FILED BY TF~E SOUTHOLD TOWN CLERK To'~n' Clerk~ T~wn of South~ Respectfully submitted, ane M. Schultze, Secretary ~~ ///S out hold Town P lannmng Board 0 lowskl, Jr., ~hazrman /