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HomeMy WebLinkAboutPB-01/09/1984HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr, WILLIAM F. MULLEN, Jr. Southold. N.Y. 11971 TELEPHO 765- 19 A regular meeting of the Southotd Town Planning Board was held at 7:30 p.m. Monday, January 9, 1984, at the Town Hall, Main Road Southold, New York. present were: Chairman Henry E. Raynor, Jr. Member G. Ritchie Latham,Jr. Member William F. Mullen, Jr. Member Bennett Orlowski, Jr. Building Administrator Victor Lessard 7:30 p~ Public Hearing on the approval of the minor subdivision of the Edward Zuhoski Estate, located at Cutchogue. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board dispense with the reading of the metes and bounds on the property of Edward Zuhoski Estate at Cutchogue. Votes of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Mr. Raynor: This is a minor subdivision situated at Cutchogue, South of Middle Road, County Route 48. In the file we are in receipt of the Town Clerk filing fee, we have proof of publication from the Long Island Traveler for one week commencing on the fifteenth of December, siqn~d by Pat, notorized by Clement Thompson; make a notation for the Suffolk Times, a reporter is here, is Judith Chein an authorized agent of the Suffolk Times, is she on our approved list, I went through this about 6 months ago with Troy. ike Helen^~eporter): I think so. Mr. Raynor: She is, okay, I'll have to check with the records. We have proof of p~blicati0n from the Suffolk Weekly Times, notice of the public hearing ran from one week commencing on the fifteenth of December, signed by J~di~h-Chei~.n~iZed by Ann M. Abate, copy of the legal notices, correspondence from this board to the applicant setting this evening for a public hearing on a minor subdivision, correspondence from the Suffolk County Department of Planni to this board and consider this matter under local determination under Article 13 of the Suffolk County Charter, correspondence of this board to the applicant under the State Environmental Quality pg. (2) 1/9/84 Mr. Raynor: Review Act declaring themselves lead agency, correspondence from the Suffolk County Department of Health Services as to the State Environmental Quality Review Act, correspondence from the New York State Department of Environmental Conservation in aggreement with the State Environmental Quality Review Act, Negative Declaration on the part of this board under the State Environmental Quality Review Act, application for approval, Short Environmental Assessment Form, our response from the Suffolk County Department of Health Services showing location of wells and cesspools, and there_~s a signature on the map for approval of both the water supply and sewage disposal system, there is correspondence from Cruiser and Hills with regard to metes and bounds description of this subdivision. That pretty much completes the file, I'll ask this evening as is the proceedure, ii there is anyone present who would like to speak in opposition of this proposed minor subdivision of the property of the Edward Zuhoski Estate. The floor is now open. Speaker from the audience- Mr. Chairman, I find it very difficult to hear you. Mr. Raynor: I am suffering from a very bad case of laryngitis. Speaker: I am sorry, I just don't know what is going on. Mr. Raynor: (after adjusting microphone) Is that any better? Speaker: a little bit. Mr. Raynor: Okay, we'll try it that way ~or a while, my apologies. Speaker: You don't have to read anything over, I just don't know What is going on. Mr. Mullen: Perhaps if you moved up front, a little closer. Mr. Raynor: I'll repeat myself, is there anyone present who has some objection of the proposed_minor subdivision of the Edward Zuhoski Estate. Hearing none, is there anyone present this evening who would like to speak in favor of this proposed minor subdivision. Hearing none, is there anyone present this evening who has, some information with regard to this subdivision. Come before the board at this time that you be neither pro nor con but you be of information in assisting this board in making a determination. Hearinq none~ Mr. Mullen do you have any questions? Mr. Mullen: No questions. Mr. Raynor: Mr. Lathem? Mr. Lathem: No questions. Mr. Raynor: Mr. Orlowski? Mr. Orlowski: No questions. pg. (3) 1/9/84 Mr. Raynor: In review of this file, there is one question that I have, and inreview of the deed and the convenant that has come down, ~ can find no Right of Way given on the west of the property running south from the Middle Road, County Route 48 before this board can make a determination, it will be necessary for us to give the ~information showinq access to both lots 2 and 3 either by will or by conven~nt. Mr. Zuhoski: Mr. Chairman, there is a right of way to that property. Mr. Raynor: Is it on the westerly boundry, it shows a right of way, but the right of way indicated on the maps to the board does not show inside the metes and bounds description and I have no legal document showing the right of way is part and covenant by your subdivision. Is there something you can supply the board with as soon as possible. Mr. Zuhoski: The right of way was given to Alex Hargrave, cause the vineyard is located there now, and the right of way was given to him, owned by my mother. Mr. Raynor: -Mr. Zuhoski: Mr. Raynor: Did he buy the right of way? No, he has the r~ght to use the right of way. Well,then maybe it is the surveyor's error. The mDp as it shows now does not include the right of way. It shows the land of Long Island Vineyards possibly, or Edward A. Zuhoski, Jr. possibly. It does not delineate the ownership of the right of way and in review of the chain of title, I can't find it. Mr. Zuhoski: Mr. Chairman? Mr. Raynor: Yes sir. Mr. Zuhoski: We have a survey of the property and on this one it does show the right of way. Mr. Raynor: That is what we're looking for, all right, now let me go over this with you. The metes and bounds description only includes this. Mr. Zuhoski: Oh. Mr. Raynor: What we are looking for ~s something that goes in here. Mr. Zuhoski: Right. Mr. Raynor: Now, if this right of way is to go with the lot then the lot line should be drawn to include it. Mr. Zuhoski: Oh, I see. pg. (4) ~ 1/9/84 Mr. Raynor: As it is shown now, it would belonq to either Long Island Vineyards, or Edward Zuhoski, Jr., ~e have no way of knowing. Mr. ZuhoSki: Um Hmm Mr. Orlowski: Probably need another map, Joe. Mr. Zuhoski: From the Surveyor? Mr. Raynor: Yes Mr. Zuhoski: I guess I'll have to go back and contact him. Mr. Raynor; Well, yes, we need an answer, because we can't subdivide them and we would like to get the thing finished. Mr. Zuhoski: Yes. Mr. Raynor: But we can't do it unless we have either an ease- ment if it belongs to Long Island.Vineyar~ to these lots; or else, these lots include this right of way. Mr. Zuhoski: Mr. Raynor: Mr. Zuhoski: Mr. Raynor: Ail right. Do you understand what we need now? Yes, just determining the boundaries. Because right now the way it sits, the Eight of way goes there, this really is not going into here. Mr. Zuhoski: Okay, there is nothing being done, you know, that says that this belongs to them. Mr. Raynor: Right, it belongs to the estate, that's what we are looking for. Mr. Zuhoski: Mr. Raynor: Mr. Zuhoski: Ail right. Okay. Ail right, good enough. Mr. Raynor: Good, is there anyone else who has any questions with regard to the proposed minor subdivision~ Okay, hearing none, then we will deem the public hearing closed. Thank you for coming here this evening. 7:45 p.m.R. Ho Clempner Mr. Clempner was present to discuss subdividing 1 lot, with his neighbor purchasing one half, pg. (5) 1/9/84 and the building of a 2-car garage on the other half for his use. The lot is a building lot now; however, Mr. Clempner stated that if the lot was divided, it would not become a building lot. The Planning Board advised Mr. Clempner that they can't guarantee that he will get a building permit as that would have to be taken up with the Building Inspector. The board also advised him that three lots could not be made from this parcel. Mr. Clempner told the Board that he would not split the property until he had the permission to build the garage and that the garage would be used only for two cars and a work bench. There would be no occupancy of the building. Mr. Lessard suggested that if the Board is i'n favor of this-the divided lot will merge into onew not left as a separate lot. 8:00 p.m. Mohring Enterprises-Cluster proposal, Mr. Young was present to dicuscuss this sketch plan. Mr. Mullen stated that he would like to inspect the property before any decision was made. On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED THAT the Southo!~ Town Planning B)ard refer the sketch plan of Mohring Enterprises Cluster Proposal to the Southold Town Board for their approval regarding the location of this proposed cluster development, upon receipt of three copies of the sketch map and an accurate metes and bounds description~of the property. RESOLVED that the Southol~ TOWn Planning Board will make a field inspection of the cluster proposal prior to the next meeting. Vote of the Board: Ayes: Raynor~Mullen, Lathem, Orlowski 8:15 p.m. Jon Kerbs was present to discuss a new proposal for a minor subdivision in Mattituck. The Board advised Mr. Kerbs to submit 12 copies of the sketch plan for the ~ Board to review and to file all applications necessary. The Board also recommended that %his be discussed with the Town Attorney regarding the proceedure for scenic easement. *************************************** 8:30 p.m. ~awson c]~ster~ Mr. Cron was present to discuss this proposal. The Board advised him to submit 6 copies of the map with the kev map, or draw up 12 new copies of the map to include a key map. Since this Dro~e~ty is within 500 feet of GOose Cree~, the Board informed him that it will have to qo t~ ~h~ ~]~ Planning Commission. On a motion ma~e by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the South~d-Town Planning Board declare itself lead a~ency in regard to the State Environmental Quality Review Act in the matter of the James W. Dawson Cluster Proposal, located at Southold, dated November 15, 1983. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski Mercier the change of zone for the subdivision will be held over until the Board can review the field inspection. On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board approv~ the_~ of the regualr meeting of~. ~9_8~ Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski On a motion made by Mr. Orlowski, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board~p3~r_Q_V_~ the ~1~ of the special meetinq of Vote of the Board: Ayes: Raynor, Lathem, Mutlen, Orlowski On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board ~pprovD the ~ of the regular meeting of O_~ctober 24, 198~. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski On a motion made by Mr. Lathem, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board aDDrov~ the minute~ of the regular meeting of ~ovember 7. ~983~ Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski pg. (7) 1/9/84 ON a motion made by Mr. Orlowski, seconded by Mr. Mullen it was RESOLVED That the Southold Town Planning Board approve the minutes of the regular meeting o~ November 21, 1983. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board a_p_prove the minutes of the r~gular meeting of December 5, 1983, Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southotd Town Planning Board DDprove the minutes of the special meeting of December 11~ 19R3. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski Arthur Simon Estate- The Board read correspondence from the Town Clerk's Office requssting a recommendation from the Planning Board for relief under Local Law 11 for the Arthur Simon Estate. Since the applicant had not been ~iven sketch ~pproval, it was the c~ncensus of the board to recommend a denial under Local Law 11. On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board recommend ~d~nial under Local ~aw 11 for the Arthur Simon Estate located at Peconic. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski Robert N~rkus-The Board read correspondence from the Town Clerk's Office requesting a recommendation from the Planning Board for relief under Local Law 11 for Robert Norkus. It was also noted from the minutes of the J~ne l, 1983 meeting, _~bat~s~P~Oposal would be an improvement to the area an~ ~hat this file had been_delay~..b¥_leqal problems with abandonment of the roadway. ~t was the concensus of the Board since he had followed all laws~ to recommend relief under L.-.. Law 11 On a mo~i~n made by Mr. Lathem, seconded by Mr. Orlowski it was RESOLVED that the Southb~d~ Town Planning Board recomn%end _r~i~f under Local Law 11 for the subidvision of Robert_ __~ ~rkus at Southold. Vote of the Board: Ayes: RAynor, Latham, Mullen, Orlowski ~ ~ pg. (8) 1/9/84 Margery Dickerson Burns - On a motion made by Mr. Mullen~ seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision for Magery Dickerson Burns~ at Southold. On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board will make a f~ield inspection of the property prior to the next meeting. vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski **************************************** The Board read correspondence from the Town Clerk's Office with respect to a ma]or subdivision of Highpoint at East Marion, Section II, granting approval of the preliminary plat as instructed by the Town Attorney. Section II will come under 1-acre reqUirement. On a motion made by Mr. Lathem, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board approve the m~mbership in the New York Planning Federation for 1984 for the sum of $75. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski On a motion made by Mr. Lathem, seconded by Mr. Orlowski it was RESOLVED that the nex~ meeting for the Southold Town Planning Board will be held at Southold Town Hall, Southold, on February 13, 1984, 7:30 p.m. RESOLVED that there will be a public hea~in.g to discuss the Master Plan with RPPW On F.ebruary 2, 1984 at 7:30 in the Senior-Youth Center, Peconic. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski ************************************* pg. (9) .... 1/9/84 Hellenic Snack Bar- Dave Kapell was present to discuss the proposed site plan. The Board had some question with regard to parking and seating requirements, and stated that more time was needed to analyze this. Mr. Kapell was advised by the Board to get a Building Inspector report, and a new map. Upon submission of these items, the Board will review it again. It was the concensus of the Board to make a field inspection to the property of Francis Epp at Southold prior to the next meeting. Old Town Park-Mr. Bitses was present to discuss the proposed subdivision at Southold. It was the concensus or. the Board to request that Mr. Bitses furnish the Board with a copy of the Department of Environmental conservation Map and ruling regarding the buildabilty of the area. The Board read correspondence from the TownAttorney regarding the Woodbine Manor'~ubdivision of John Fellinger-Ihar indicating that it is exempt from the two acre lot requirement and that it must be re-submitted to the County Clerk's Office as the 180 days for filing had expired. It was the concensus of the Board that, based on this correspondence, the Board will process this subdivision under one acre. It was also the concensus o~ the Board that refiling with the County Clerk's Office for the final approval would be necessary as the 180 days for filing had expired. The Board reviewed correspondence from the Town Attorney regarding the Loria minor subdivision, stating that a surveyor~ error had been picked up in the title search and has since been changed. On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board approve the site plan of Harold R. Reeve and Son, for the construction of two storage buildings and the renovation of an existing structure for an office building., located at Mattituck. Vote of the Board : Ayes: Raynor, Mullen, Lathem,Orlowski Pg. (10) 1/4/84 The Board reviewed a petition from Angelo G. Petrucci against the proposed Marina of Norman BooS. It was~=the concensus of the Board that no action could be taken since it was brought in by a third party. On a motion made by Mr. Mullen, seconded by Mr'. Orlowski it was RESOLVED that the Southold Town Planning Board refer this petition along with pertinant correspondence to the Southold Twon Trustees. Vot~ of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski Elizabeth Diefendorf- The Board read correspondense from The Town Attorney in response to the Board's letter of December 7, 1983. Based on this correspondence, it was the concensus that the Convenants and Restrictions be amended to recite that a) subdivision consists of two lots, not four b) that all residential structures and sanitary disposal facilities shall be placed at least 100 feet from the upland edge of the tidal wetland and comply with the State Tidal Wetlands Act (Article 25 E.C.L.) On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the Southold Town 'Planning Board send the applicant the Town Attorney's letter and ~pon receipt of the amended Declaration of Convenants and Restrictions by this office and the County Clerk's Office, the minor subdivision of Elizabeth Diefendorf be approved. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski ************************************** Following an on site field inspection of GrandView Estates in Orient, it was the concensus of the Board that access roads had fallen so that emergency vehicleS could not pass through. On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board recommend that the Building Inspector place a stop work order on the subdivision of Grand View Estates at Orient due to the poor condition of the access road for allowing emergency vehicles into the area. Vote of the Board: Ayes, Raynor, Lathem, Mullen, Orlowski pg. (11) 1/9/84 Grand View Estates Cont. It was noted that the Town is not liable for the drainage since this is private property. Following an on site field inspection of the subdivision of Grand View-Estates at Orient, the Board noted that there was a violation with regard to bulldozing over the bluff. On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southotd Town Planning Board recommend that the Building Inspector place a stop work order on the subdivision of Grand View Estates until such time as a revised sketch plan showinq restructure of the bluff and convenant area is received by the Board. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski Following an on site field inspection of the site plan of Joseph Crenshaw, it was noted that the building had been built with Zoning Board of Appeals approval only. The Board read correspondence to Mr. Strang from the Board asking whether or not a formal agreement exists between Razmataz and Mr. Crenshaw with regard to parking. The Board review an agreement between Mr. Crenshaw and Mr Buchinski, owner of Razmataz, which stated that permission is given by Mr. Crenshaw for Mr. Buchinski to use the property for parking. It was noted that Mr. Buchinski called on November 4,1983 advising that Mr. Crenshaw's site plan was in error. Parking was not to go where the plan shows, and the Zoning Board has already approved his parking. It was the concensus of the Board to request the status of a building permit regarding the site plan of Joseph Crenshaw. Andrew Lettieri- The Board read a letter f~om the Town Attorney's Office. It was noted in the last paragraph that the entire parcel is to be considered as one parcel of land. On-a motion made by Mr. Lathem, seconded by Mr. Orlowski it was RESOLVED that a copy of the Town Attorney's letter be sent to the applicant's attorney for review. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski pg (12) 1/9/84 On a motion made by Mr. Orlowskif seconded by Mr. Lathem it was RESOLVED that the ~outhold Town Planning Board grant sketch approval of the minor subdivision of Peter and Patricia Lenz, located at Mattituck, dated October 24, 1983, subject to the Zoning Board of Appeals approval for the variance needed. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board declare iteslf lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Peter and Patricia Lenz, located at Mattituck~ An initial determination of nonsignificance has been made. Vcte of the Board: Ayes, Raynor, Lathem, Mullen, Orlowski Mark and Ellie Gordon- It was the concensus of the Board that a set-off could be approved if no further subdivision would be made on the property. A Declaration of Covnenants and Restrictions will have to be submitted to the Board reflecting this. It was also noted that the application fee of $50. had not been received. Joseph Shipman-It was noted that the application fee of $50. had not been received. The Board is still waiting for a certification from the Building Inspector in order to process this subdivision. On a motion made by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold TOwn Planning Board approve a set-off /106-13~ as designated on the map of Louis and Elizabeth Barnet{, dated December 6, 1983, lcoated at Southold Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski Blue Hor~ons-D¢lo~e% Pri~cipi On a mo%ion maae Dy Mr. Mu±Ien, seconded by Mr. Lathem it was RESOLVED that pursuant to the Field Inspections by the Southold Town Planning Board, it is the concensus of the Board that we would encourage development of the property with the sketch submitted under certain conditions: pg. (13) 1/9~84 Blue Horizons Delores Principi (cont) 1. Specific inclusion to the Right of Way leading to the section for our inspection. 2. No more than seven (7) parcels on the entire two (2) sections of the proposed Blue Horizons subdivisions. 3. No more than seven (7) dwelling units being built on the 55.84 acres. 4. The proposal would require a waiver of the Superintendent of Highways. 5. The subdivision is subject to the approval of the Department of Health Services for water and sewage. 6. Retention of an easement of the Town of Southold for the Town to have the ability to construct a highway through the property as discussed by the Master Plan at some future time. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski Faulkner-The Board had concern with regard to this subdivision as this property slopes into Wickam Creek and the lots would be very fragile due to their small size. On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the South~ld Town Planning Board is not in favor of the minor subdivision of Linda Miller Faulkner located at Cutchogue. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski On a motion~ade by Mr. Orlowski, seconded by Mr. Lathem it was RESOLVED that the Southold Town Planning Board approve the site plan of Victor Cataloan and Roger Munz for the retail sale of boats subject to the approval from the Zoning Board of Appeals. Vote of the Board: Ayes: Raynor, Lathem, Mullen, Orlowski pg. (14) ~J- 1/9/84 Thomas Samuels-minor subdivision located at Orient. After an on--site field inspection of the property it was the concensus of the Board that more information will be required in order to process the application. Thomas Samuels will be required to file a Long Environmental Assessment Form, in order to review the buildability of the propert~ The Board expressed the possibility that the Town obtain this property. On a motion made by Mr. Mullen, seconded by Mr. Lathem it was RESOLVED that the Southotd Town Planning Board does not grant seketch approval of the Minor Subdivision of Thomas Samuels, located at Orient. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski On a motion made by Mr. Mullen, Seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the StateEnvironmental Quality Review Act for the Minor Subdivision of Thomas Samuels, located at Orient. An initial determination of non-significance has been made. Long Environmental Assessment Form to'be filed. Vote of the Board: Ayes: Raynor, Mullen, Lathem, Orlowski Mr. Mullen suggested that the Board explore the point of law in the Code Book regarding diked property. It was the concensus of the Board to direct a letter to the Town Attorney asking for an explanation of this point of law. The Board received reports from the Town Engineer, Larry Tuthill, regarding Settler's at Oysterponds and Homestead Acres. It was noted that as of this meeting a building inspector certification had not been received for Dr. Liezewski. Being no further business to come before the Board, Mr. Mullen made a motion to adjourn, seconded by Mr. Lathem and carried. Meeting adjourned at 9:40 p.m. ~e. es~pectfu 1 ly submitted, Diane M. Schultze, Secretary Southold Town Planning Board