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HomeMy WebLinkAboutPB-05/20/1985T Y Southold, N.Y. 11971 (516) 765-1938 The Southo 1 at 7:30 p.~ Present wes Chairman Be Member Will Member G. R Member Rich Member Kenn Executive A Town Planne 7:30 p.m. maps for th Containing Mr. Orlowsk if there is publication notorized b Suffolk Tim we have the Planning, a Town Planning Board held a regular meeting on May 20, 1985 in the Southold Town. Hall, Main Roadf Southold. nnett Orlowski, Jr. ±am F. ~ullen, Jr. itchie Latham, Jr. ard G. Ward sth Edwards ~ministrator Victor Lessard r David Emilita Public hearinq on the question of approval of the final e major subdivision of James W. Dawson located at Southold. 14.4 acres. i: I will dispense with the reading of the metes and bounds any problem with that, speak now. (none) We have proof of in the Long Island Traveler Watchman signed by Pat Wood, g Barbara Forbes, and we have proof of publication in the es, signed by Anna Lekkas and notorized by Ann Abate. filing fee, we have correspondence from Suffolk County nd everything else in the file appears to be in order. At this timD, I will ask if there is anyone out there in objection to this majpr subdivision? Hearing none, is there anyone out there with endorsements of this subdivisi0n~ Mr. Cron: ~es, if it pleases the Board, I represent James W. Dawson and I can see {hat there are going to be questions raised regarding the Suffolk County Planning Commissions comr~ents. I don't know whetker you wish to hold them until I request of the Board to approve the cluster subdivision now that it is in it's final stage? Or do you wish to go into a discussion on those$ Whatever you please. Mr. Orlowsk~: Yes, they have raised a few questions. You haven't answered them as of yet? Mr. Cron: No, but I'm prepazed to answer them right here and now. ~r. Crlowsk~: Okay. Mr. Cron: If you wish. Mr. Orlowsk~: I can go over this with you. On question 1, the Suffolk Page 2 5/20/85 Mr. Orlows] for the fo2 as require( yield of 7 should be Mr. Cron: of the fac approximate Commission point they fact there corner on t and did so o~dinance, ii: County Planning Commission has disapproved said map lowing reasons: 1. No yield map was submitted with referral · by the Commission requirements of notice to show how the lots was obtained, our calculations indicate that the yield lots. Alright, why don't we go into that. The Board is well aware · we of course, had sketch plan approval of this subdivision ly one year ago. In addition to that, Suffolk County Planning reviewed the entire map back in September of 1984 at that raised no objection whatsoever as to yield requirements, in only objection to the map at that time was to round off the he Lot No. 4, which of course, we a~hered to that suggestion . I am aware of the calculations for clustering in the obviously. But, I would like to point that we didn't submit a yeild ma~ to the Planning Board simply because none was ever asked for. However, I had one made before we decided to go into a cluster presenta- tion which II felt was in the best interest of the applicant, the property owners and ~ncidentally the Town of Southold, to keep as much open space as possible. So, if the Board wishes to review, I will give you a sketch map of a conventional subdivision which clea~ly shows there is sufficient yield for seven lots. I would trust that if the Bcard is satisified ~ith this, then on the basis of the facts that I have indi- cated to the Board and especially to the fact that there has been no such objection raised for well over a year regarding yield requirements I would ask you to consider that map as furnishing a basis for a cluster of 7 lots b~sed upon the fact that the convential sketch map here shows clearly tha ~ you can get 7 lots. Now, you, may raise the question well, how a)out a park and playground. And, you are absolutely right but under t~e acreage that we are dealing with here it would require .72 of an acre and we have 44,000 sq. ft. of excess area in the layout of this subdivision, so I think the map, as you can see would clearly meet the ma~ter plan requirements and it meet our current requirements. And, it is ~ertainly within the spirit of the ordinance. Notwithstanding, the delibergte calculations that are set forth in the clustering. But, they deal with a situation in genarality, now they take a ~lank of 20% off,lin this instance you don't ha~e to use that much area for your park a~d recreation and r~ad. So, I'm, on the basis of that, I wo~ld ask t~e Board pursuant tc 106-50 that ~ou can ¢ive relief from extraordinary circumstances to undo hardship and I think shows such a situation So, I would ask you to override the County with respect to item No... Mr. Ortowsk .: Okay, I think Items No. 2 and No. 3 they have been taken care ~f. ' Mr. Cron: think Ite~No. 2 and 3 have been taken care of to the satisficati ~n of the Board. Mr. Orlowsk : Okay, and No. 4, the layout... Mr. Cron: alid point, I guess it should be amended in that regard. Mr. Orlowsk : ...negates access for Lot No. 4. Mr. Cron: No objection to that. Mr. Orlowski: I think you have room to do that. Mr. Cron[ No. 5, I would like to deem invalid, when does the suffolk Page 3 5/20/85 Mr. Cron: County Planning Commission telling us we have to set aside land for a privately owned right-of-way, they might have a point if it was alread~ dedicated. For which I would probably have no objection, but, I do )bject to them telling me that I should set aside land for that have a leg~ Mr. Orlows~ I believe writing fo] Lich is privately owned by somebody else, I don't think they right to do it anyway. ii: Does the Board have any quesions of Counsel? Okay, rou have answered them for us. Do you want to put that into us., for the file. Mr. Cron: I will do that, thank you. You are going to reserve decision, I assume. Mr. Orlowshi: Yes, we are going to reserve decision as we always do. Mr. Orlows~i: Any other endorsements of this major subdivision? Mr. Cron: Excuse me, has the Board decided any particular width as to that right-of-way that you would like with respect to the benefit of Lot No. 4? Mr. Orlows~i: As long as you have access, 25'? Is that too much? That is what we ask for on right-of-ways. Mr. Cron: It is' solely to benefit Lot No.4. We would prefer to keep it just fox foot travel rather than vehicle. Mr.Orlowski Mr. Cron: A Mr. Ward: Mr. Orlows~ Mr. Cron: point, just 5. Mr. Orlowsk : Is 20' okay? long Lot No. 3 or Lot No.5, can we have a choice. You could put 10' on each lot. i: It is only an easement. It will only be utilized for Lot No. 4, it is a valid overlooked. Okay, I will send you a letter on No. 1 and : One and four. Mr. Cron: ask you to Mr. Orlowsk neither pro subdivision Boardmember Mr. Ward (n. hearing clo. Well, four Will show the easement on the survey, but I will 3verride no. 5 as well. [: Okay, any other endorsements? Hearing none. Anyone nor con but may have some information pertaining to this which might be of interest to this board? None. Any s with questions, Mr. Mullen, Inone); Mr. Latham (none); )ne); Mr. Edwards (none). Okay, I will declare this ~ed and thank you for coming down. Page 4 5/20/85 7:45 p.m. Public Hearing on the qestion of approval of the minor subdivision cf Howard Rosenstone located at Cutchogue, containing 4.745 acres. Mr. Orlowski: I'll dispense with the reading of the metes and bounds; if yc have any objections, please let me know. (none). We have proof of publication in the Suffolk Times, signed by Anna Lekkas and notorized by Ann Abate. And, proof of publication in the Long I~land Traveler Watchman signed by Pat Wood and notorized by Barbara Forbes. We have the filing fee, and everything else appears to be in order. I'll ask if there any objections to this minor subdivision? Hearing none.~ Are there any endorsements of th.is minor subdivision? Gary F. Olsen: I'm Gary Olsen and I'm an attorney having my office at Main Road, Cutchogue. I represent the applicant Howard Rosenstone. As you have s~id, everything is in order in this file, the total property area is 4.745 acres. Parcel No. 1 has an area of 2.481 acres and parcel No. 2 2.264 a~res, which meets the Town requirements. We also have approval from the Suffolk County Department of Health Services for the subdivision. There is no r~ason for the Board not to approve it, and I respectfully request that you do so. Mr. Orlowski: Okay, any other endorsements? Hearing none. Is there anyone out thgre neither pro nor con but might have information pertaining to,this subdivision which might be of interest to this Board? Hearing none.~ Any questions from the Board? Mr. Mullen, (none); Mr. Latham , (non~): Mr. Ward, (none); Mr. Edwards, (none). Okay, I'll declare this hearing closed and thank you for coming down. On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED THAT ~he Southotd Town Planning Board set June 10, 1985 at the Southold TOwn Hall, Main Road, Southold as the time and place for the next regular meeting of the Planning Board. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Latham, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board set Monday, June 10, 1985 at 7:30 p,m. at the Southold Town Hall as the time and place for a public hearing on the question of approval of the minor subdivision of Ronald Strain located at Cutchogue. 4 lots on 8.6736 acres. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold ToWn Planning Board grant a 30-day extension on the action on the minor subdivision of Cranberry Acres, following a ~ubll~ h~lng, ~u~suan~ ~ ~he ~equest of the agent for the applicant. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Ewards Page 5 5/20/85 Blue Horizons- since the appl surveys. Br~ Smith- so the Board c the island for from the Board located at Fis £t was the consensus of the Board to hold this over icant has requested to have some time to submit It was the consensus of the Board to hold this over )u~d make a field inspection as they would be visiting a meeting. The applicant also had to respond to questions regarding the proposed subdivision. This proposal is hers Island, 4 lots on 4.1 acres. Dr. Joseph Liz~wski site plan for racquetball courts at Cutchogue- Dr. Lizewski w~Ls present for this dicussion. He presented new maps for the site pl for paving, col is now. Dr. L~ Mr. Orlowski nc plan for Dr. L2 be eliminated. was not elimin~ driveway on thc for the ingres~ be eliminated o curb be continu keep people fr( On a motion ma( RESOLVED that of Dr. Joseph .an showing parking for 29 cars. The plan also provides Lcrete curbs, and the drainage pump will remain as it ~zewski also presented a landscaping plan for the site. ~ted that a condition of approval of the previous site .zewski stated that the driveway from the Main Road Mr. Orlowski pointed that on this plan the driveway .ted. Dr. Lizewski stated that he would eliminate the new site plan. He stated that he would Depot Lane and egress. The Board requested that the driveway ~the plan and at the site. It was suggested that ~d around and perhaps trees could be planted to m using it. e by Mr. Ward, seconded by Mr. Latham it was he Southold Town Planning Board refer the site plan izewski for the constructin of two racquet ball courts to the buildin( property locate Vote of th The following n 1. Howard Hoe~ 2. Henry Ar-be B zone, locate~ 3. 4. department for certification. Map dated April 6, 1984 d at Cutchogue. e Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards ew proposals were set for a field inspection: -set-off of 1 acre from 38 acres at Main Road,Orient any- 5 lots on 7 acres - 5 of the proposed lots are in a at Corner of Kenney's Lane and North Road, Southold. Deborah Ed on- 6 lots on 12.553 acres at Depot Lane, Cutchogue H~M. Deamr~st-2 acre set-off at Main Road, Orient Joseph and Lee Pufahl- set-off of 4 acres at Sound Avenue, Mattituck George Mara~os-5 lots on 14.374 acres at Kenney's Lane, Southold. Philip Reinhardt-set-off of 30,758 square feet from 1.63 acres at Pine Neck Road, Southold. Page 6 5/20/85 Field inspectio 8. Bernard and at Alvah's Lane On a motion, ma RESOLVED that t for the minor s located at Arsh map dated Janua Vote of th Daniel Kaelin s store for lawna site plan has noted that thi would need a s esq. was pres~ that the non-cc with the existi would need a va merge then the Mrs. Wickham in that Mr. Kaelin that the buildi therefore, he Ms. Wickham sai approval then a variance at On a motion made RESOLVED that ~s cont: Jane Rousseau-Set-off of 2.517 acres from 4.942 acres Cutchogue. [e by Mr. Mullen, seconded by Mr. Latham, it was ~e Southold Town Planning Board approve the sketch map ~bdivision of Robert Melrose (William Wickham Property) ~momaque for three lots on 3.547 acre ~n the B zone, cy 2, 1985. Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards .re plan- This proposal is for construction of a retail ower equipment, located at Cox'S Lane, Cutchogue. This eceived certification from the Building Department. It was site plan can be for retail sales only, any repair work ecial exception from the Board of Appeals. Abigail Wickham, t with Mr. Kaelin for the Board's review. It was noted nforming set-back can only remain if the parcel is merged ng lot with a gas station on it. Otherwise, the site plan riance on the rear-yard set-back. However, if the parcels new building can have the same set-back as the existing building. dicated that she prepared a deed to merge the parcels so would not have to apply for a variance. Mr. Kaelin indicated ng would be a Morton Building, which was already ordered eeded to obtain the Board's approval as quickly as possible. d that if they merge the parcels to obtain site plan hey would apply at a later date to split them and obtain hat time. by Mr. Ward, seconded by Mr. Mullen, it was he Southold Town Planning Board approve the site plan for Daniel Kaelin for the construction of a building for retail sales only of lawnmower equipment subject to: 1. The filing of a deed to merge the Kaelin property to the South with the property for the proposed site plan. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards k- s ,*a* * ~ a Nicholas Schic Mr. William E seks ttor ey t Law was present for an appointment to discuss this ma]or subdivision at Orient for 20 lots on 46 acres in the cluster concept. Mr. Esseks reviewed the procedure for scheduling a preliminary public hearing regarding the approval fo the Health Department pursuant to Article 6. Mr. Esseks explained that this was appealed at the Health Department stage from Hauppauge to Albany. He reviewed correspondence regarding the reverse osmosis water treatement plant and the c~nditional approval of same from the State health office. Page 7 5/20/85 Nicholas Schick cont. Mr. Essek~ stated that the Health Department wants the reverse osmosis t~eatement plant built and tested to see to what extent modifications will need to be made for the plant to be approval. Mr. Esseks said that he would like to obtain some approvals from the Board because he did not want to build the plant. Mr. Essek requested that the Board schedule a public hearing using the corresondence as the approval for the water supply system, amd he felt the sewege system would be a traditional system, such as leaching pools, etc. Mr. Emilita stated that with regard to the Draft Environmental Impact Statement under Seqra, they were still in the public comment period, therefore, he had nothing to add. He suggested that the Board receive some correspondence from the Health Department, not only from the ~tate Health Office. Mr. Esseks questioned what would be needed to have a public hearing scheduled. Mr. Emilita stated that the Board needed some word from the Suffolk County Health Department. Mr. Orlowski stated that they could not have apublic hearing until the public comment period regarding the Draft Environmental Impact Statement was over. Mr. Esseks stated that he understood that the Board could not take action on the pr hearing p that they County He schedulin the comme to the ne on that eliminary map,however, they could have the public rior tothe comment period ending. The Board agreed would like to receive the input from the Suffolk alth Department and then review those, prior to g any public hearing. Mr. Orlowski stated that if nts from the Health Department wsre received prior xt meeting of June 10, then it could be scheduled genda. Ernest Wilsber~ lot line change-The Board made a field inspection of the p~ that the Both lots one lot be equal than pre~ On a mot~ RESOLVE£ lot-line Wilsberg Vot~ oposal to re-arrange 2 existing lots. It was noted applicant intends to make a smaller lot more conforming. will have access off of Olejule Lane,whereas, presently as access only off a right-of-way. Both lots will with the new proposal, and it is a better layout iously, each lot containing approximately .5 acres ±. on made by Mr. Latham, seconded by Mr. Mullen, it was that the Southold Town Planning Board approve the change for the "Lands of Wilsberg", applicant Ernest located at Mattituck, map dated February 13, 1985. .of the .Board: Orlowski, 'Mullen, Latham, Ward, Edwards On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board recommend to the Board of Appeal that the application of Nick Ippolito to set-off 5.500 square feet from 22,500 square feet at Southold ~-denied since the Planning Board cannot endorse this proposal for substantially undersized lots. It was also noted that the road bed of Carole Road is being included in the square footage for Lot No. 1 Page 8 5/20/85 Vote of the Board: Ayes: Orlowski, Mullen,Latham, Ward, Edwards On a moti RESOLVED the propc contain These twc )n made by Mr. Mullen, seconded by Mr. Latham, it was that the Southold Town Planning Board recommends that sed minor subdivision for Long Island Shores, at Greenport, wo lots rather than four to conform to the zoning. lots would still require variances for insufficient width. Vote f the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Lockwood to subdiv Appeals ~ regardinc followin~ 1. Ti to the fi merged. 2. It form the houses, Peconic of-way fz is still the right On a moti RESOLVED extesnioi and Lesnikowski-The Board reviewed this application ide 2 lots at North Drive, Mattituck. The Board of as requesting a recommendtion from the Planning Board this application. The Planning Board offers the comments for the Board of Appeals' review: is property (parcels 1 and 2) were two lots pursuant led map of Shore Acres of 1914 and have now become appears that the proposed change in the lot-line filed map is to provide sepearation for the existing ne of which straddles the lot-line. omes-This proposed subdivision for 4 lots off a right- om Sound Avenue, Laurel will be held over. The applicant negotiating with the Lot owner to the East regarding -of-way within the subdivision. on made by Mr. Mullen, seconded by Mr. Ward, it was that the Southold Town Planning Board grant a 90-day on the filing of the preliminary maps for the major subdivisionof.Frieda Crowley at Southold. This extensionis granted at the request of the attorney for the applicant in order that Articl~ 6 approval may be obtained. Vote f the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Henry Do~alski set-off-The Planning Board reviewed the denial of this subdivision by the Suffolk County Planning Board. They noted the reasons for denial as follows: 1) the parcel set-off is landlocked, 2) a previous set-off was not referred, 3) they felt that this was piece3meal subdivision, and 4) there was a proceedural error Page 9 5/20/85 Domalski since the is defect the attor that the to the su set-off w the appli that the On a moti RESOLVED of the Su ~ont.- previous set-off was not referred, therefore that subdivision ive. The Planning Board reviewed the correspondence from ney for the applicant. It was noted in this correspondence Board of Appeals has granted approval on the access road bdivision pursuant to 280-a of Town Law, and the previous as approved by the Planning Board and was disclosed in cation now being reviewed, therefore, the attorney requests Planning Board override the County's decision. on made by Mr. Mullen, seconded by Mr. Latham, it was that the Southold Town Planning Board override the resolution ffolk County Planninq Commission regarding the minor subdivi- sion of Hanry Domalski located at Cutchogue. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Seven-Eleven Site Plan-The Board reviewed this site plan for construction of a storage building for bottles~ It was noted that the Board of Appeals has granted approval with conditions on a variance for side yard set-back. The Board of Appeals is requesting that the easterly side yard remain open with an unlocked gate for emergency vehicles. The Plannig Board had previously recommended that the storage buildings be located in the rear of the Building. However, they had received permission for location in the side yard. On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board refer the site plan of Seven-Eleven at Cutchoque to the Buildinq Department for certification. This site plan is for a storage building for returnable bottles. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Robert Entenmann-The Board reviewed this subdivision for 3 lots located at Sound Avenue, Laurel. It was noted that everything requested had been received. The surveys now show a 25' right-of-way on the property of Entenmann, as well as, a 50' right-of-way parellel to the Sound. On a. moti RESOLVED map for t on made by Mr. Mullen, seconded by Mr. Ward, it was that the Southold Town Planning Board approve the sketch he minor subdivision of Robert Entenmann, located at Mattituck for three lots on 44.213 acres, map dated May 16, 1985 as last amended. Vote cf the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Genevieve Richards- The Board reviewed this site plan for a storage building located at Southold. The Board of Appeals is requesting Page .~10 5/20/85 Richard site plan cont.- a recommendation from the Planning Board on this site plan. The Board noted that at the March 4 meeting the Board reviewed this site plan and it was the consensus of the Board to forward the comments of the March 4 meeting to the Board of Appeals. It was'r~quested, at that time, that the applicant furnish the Board with covenants and restrictions that the building will be used for storage only, however, none have been received. It was, also, no~ed at the meeting that the applicant does have the legal access oyer the right-of-way to the East of the site, however, the Board had not received a copy of a deed indiciating this. The Board, noted, that the zone line is indicated on the key map, however,~is not on the site plan and should be to clearly indicate the zoning Of.the property. Mr. Ritchie Latham quetioned correspondence received calling the Board's ~ttention to an unsafe building at East Marion. It was noted thgt this communication had been forwarded to the Building Department with the Board's recommendation that the necessary steps be taken to insure that the Building is either repaired or demolished. Mr. Lath~ ponds. 5 The Town to notif5 occur~ he property. construct the appr¢ would be done· Ma m also began a discussion about fences being required around ~r. Lessard stated that he had spoken to the Town Attorney. Attorney advised that the Building Department is bound ~ the party that they would be liable if an accident were wever, the Town has no other jurisdiction if it is on private · Mr. Lessard stated that he still felt that the pond being ed in the subdivision of Settlers at Oysterponds was violating ed subdivision. Mr. Latham also questioned when the road improved since the applicant stated that this would be · Orlowski questioned if any building permits have been zssued i~. this subdivision. Mr. Lessard stated that there has been one application, however, he would not issue it until the road is repazl that the stated ti around ti Being no made by ~ was adjol ~ed as the applicant stated he would. Mr. Mullen suggested Board follow up with a letter to the applicant. Mr. Lessard .at he strongly suggests that the applicant put a fence .e pond. further business to come before the Board, on a motion ir. Latham, seconded by Mr. Mullen,a~dP car~ried, ~b~e~me~'ting .rned at 9:00 p.m. Bennett Crlowski~, Jr. ,~r~irman Respectfully submitted, Diane M. Schultz~-~,~S¢cretary Southold Town Planning Board..