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HomeMy WebLinkAboutPB-05/21/1984p T{ D S1 Southold, N.Y. 11971 (516) 765-1938 A regu-lar m~eting of the Southold Town Planning Board was held at 7:30 p.m., Monday May 21, 1984 at the Town Hall, Main Road Southold, Present wer~: Bennett Orlgwski, Jr. Chairman William F. ~uilen, Jr., Member G. Ritchie Latham, Jri., Member Richard War~, Member Victor Less&r~, F/xecuti~e ~dministrator Dave Emilit~ Town-Planner James Bryerr Assistant Town Planner The Chairmar Bryer, who ~ for subdivi: 7:30 p.m. introduced the new assistant Town Planner, Jim ill be inthe Planning Board three days a week ion and site plan review. blic hearing on the question of a~proval of the final ~aps of the ~t.SQuthold. On a motion RESOLVED th; the reading of ConstantJ aa~or subdivision of Constantine aade by Mr. Mullen, seconded by Mr. Latham it was t the $outhol. d Town Planning Board dispense with of the metes and boun'ds for the major subdivision ne Georgiopolous. Vote of Mr. Orlowsk and we also he Board: Ayes: Orlowski, Mullen, Latha~, Wall, Ward :We have proof of publication of the Suffolk Times, have proof of publication in the Long Island Traveler Watchman. in review~ing the file, we have the filing fee, pass these maps ~ut. We have comments from the DEC, we have CmOa~nts from the B~ rd of fire commissioners,a decision has been that one well he necessary to obtain sufficient water for proper proteCtion Purposes, we have a letter going over to' the Town Board requesting the amount of the park and playground fee. They will meet tomorrow and we will have the answer back on.that, any approval will be subject to receiving that fee. Mr. Orlowsk else seems.~ to this maj~ Ruth Oliva: Mr. Orlowsk~ Mrs. Oliva: Mr. Orlowsk Mr. Latham: Mr. Orlowsk Mr. Latham: pg (2) -'~ 5/21/84 .: 'We have SEQRA action taken by"the TOwn, everything :o be in order· At this'timerI- will ask for any objections )r subdivision. Ruth? May I ask, the'y do have County Board of Health approval? .: They do? I am asking you. .: Okay, any approval'will be made su] They do have it, it is on the map. .: ls it on the map, Ritch? Yes. Mrs.Oliva: Thais is not an objection of the tota for the Boal'd of Directors of the'NFEC and for M~ there, Postis, W~ Richters and I believe about We all do net object to the project as it is, bu~ that eight ots are 'just too many, it is a swale as you all now, Peconic Dunes camp is just a cox whole area o the East. You ~anff~nd such plant~ milkweed an cranberries, the ~ild cranberries wt )ject to. project, I speak · Kosamotis down two other peoPle. we do.~-think area, which is tinuation of that in there as swamp .ich grow in the boggy area. There is a-problem with drainage~on the lots to the West, I be.l~eve that is 7 and 8 because that lies in a puddle of water, probablY because of the clay underneath it. I understand~ that during_ this latest storm that most of that property was underwater ~o it Was going 'to require ~uite 'a bit of filling, therefore we would hope that the Board wi'lf t~ke-'note of this and perhaps ' make a 4-5 lots instead of~ eight lots, which I hope you think will be more feasible. Thank you. Mr. Orlowski: Thank you. Is there anybody else who has objection to this majqr subdivision? Hearing none. Is there in favor of this major ~ubdivision. ' Ms. Wickham~~ Yes, Abigail Wickham. i would like to sgeak on behalf t~e applicant, the Georgiopolouses, who are hear tonight. of This subdivision has been pending as'you know for over two year~, it consists Of 8 one0acre l°ts in a neighborhood that consists primarily o~ half-acre 10ts so the lots'are already considerably larger thanjthe surrounding property.. The Board of Health has... The Board o~ Health Services endorsed its approval On the map, the maps have been reviewed by the highway department, the conservation advisory counsel, the fire commissiongr and a~lo the Suffolk CountY Planning Comnission. There has been a negative SEQR determination, and the whol~ subdivision has been subject to extensive review over the past two years and I can't see that an%need for any change be forthcoming ~t this time. Lots 2 and 8 have been subject to a building envelope concept in order to avoid the necessity of variances d~o~n the road wren building is made on these properties, and the Boar~ has also reviewed the park and. condition and has waived that in lieu of a $10,000 deposit certainly any flooding or anything Df that nature will be handled by not only flood plain elevation if that does apply or any type of building precautions I think ther~ were quite a number of properties underwater recently and that s~ouldn't be a concern of the Board by itself. Thank'you. pg (3) .... 5/21~84 Mr. OrlowskJ will com~ u~ Mrs. WickhaI discuss tha~ : Yes, on that park and playground, the Town Board ~with~'~he fee. I understand'that, but the Planning Board did figure sometime ago. Mr. Orlowsk~.: Yes, but we have a regular formula written right into the code that the Town Board will have to come up with, they are responsible for that. Mrs. Wickha : B~t'~-e Planni~:Bo~r~-h~d.re~iewed_it a~d ~ ~ sent that cOntrac~ and what not and they came u~ w~th a fee of $10,000. Mr. Orlowsk$: Well, we will see what the Board says tomorrow They are meehingtomorrow and we will have 'that. Is there anyone else in favor? (no response) Is there anyone neither pro nor con but that has any information pertaining to this subdivision that would be of interest to the Board at this time. Hearing none, I wil!ask ques%ionsof the Board Mr. Mullen(no questions); Mr. ~a~d (n~ questions); Mr. Latham (n~ questions~. Then if there are nc further questions I Will deem this hearing closed. Thank you fcr coming and by the way congratulations. Mrs. Wikchan~: Thank you. ~r. Joseph ~ ischeti was present t-o discuss an amendment~ to~{h~site plan of Eastwind Shores located at Southold. H~ explained that after taking over the project he found some errors and now to correct them, he would like to obtain approval of relocation of the curb cut as well as constr~ction of a ber~ along the front of the project (that area bordering County Route 48). Mr. ~ischetti explained t~e reason for the curb cu~ was. to ~ove the r~ad away from the first unit and for safety reasons. He explained the purpose for the berm was to block the North wind and to create a mo~e interestigg landscape rather than the flat land. He stated that the existing gradin~ will not change that much, however, with the construction of a berm; and he f~urther added that this b~ Board that c~nstructio 90 degree c con~ensus o~ was favorabl ON a motion RESOLVED tha to thesite .a 9urb cut a Vote of t rm'will not be just a wall. Mr. Fishetti told the e had received a permit from the County for the of the amended curb cut; which will create a rb cut rather than a 45 degree one. It was the the Board that this amendment to the site plan e. made by Mr. Mullen, seconded by Mr. Ward it was t the Southold Town Planning Board refer the amendment )lan. of Eastwind Shores for the construction of nd a berm to the Buildinq Department' for certification. he Board: Ayes: Orlowski,Mullen, Latham, Ward pg (4) ~ 5/21/84 ~r. HoWard 5 ~f Mohring ~ that the pre zoned lots, the resident explained ti 4..7 l'ots arc added that oun~ was present to'discuss the cluster proposal nterprises located at Mattitucki Mr. Young explained posal Qontains 6 resi~%ential lots and 2 business the business lots contain 30,000 + square feet and ial lots contain 80,000+ sqr. feet. Mr. Young ,at when the wetlands and business a'reas are deleted the yeild with the cluster computation. Mr. young f the Planning Board would not approve of having 7 lots-with the cluster Compuation, then the applicant would rather submit the coventional subdivision wit5 8 lots. The Chairman stated ~hat if the yield allows for only 4..7 lots' then that is all the Board can approve. Mr. Young que~ti0ned wether 4.7 lots were rounded up to 5, lots or. down to 4 lots. The Chairman stated that the Board may need to get an opinion from Tasker, the Town Attorney; however, they felt that it would be 4 lo~s. The Mr. Young t~en stated that he ~ould rather submit the coventional subdiviSion as presented to the Board. The Board questioned if the applJcant would be willing to submit a proposal with 5 residenti~ 1 lots, rather than 6, using the cluster for a total of 7 lots. The Board felt this would be a better plan than the conventJal subdivision. It was the consensus of the Board that they wJ tl review the cluster concept in the ~dinance and request revised maps indicating the 5 residentail ~cluster with the 2 usiness lots. ~r. and Mrs. Mead were pres~nt to discuss the minor subdivision .Qf the char]es Simon Estate located at Peconic. The Board questioned whether the~ would covenant and ~restrict' against any future subdivisoon of lots No. 1, 2, and 3-in perpuity, and the applicants :~tated that they would agree to this if"the Board required it. It was the consensus of the Board .that a field inspe~;tion of the property Would be' done prior to any action. _~.r, J~ohn .Ben,rani and Mr. Alexander Koke were present for a. pr.e.-s.ubmi:~siOn conference to discuss a site plan for p. roposed red,ail stores at Southold. The Board noted that serveral plans were submitted and they requested that all th~ information 'be on One plan' prior tO referring it to the building department fo~ certification. The Board also requested a key map included on the survey and suggested that Mr. B~rtani and Mr. Koke con%act the County for a curb cut with posSib~ly one egress and ingress. The other it~ems requested to be included on the survey were: 16 ad~[itional.parking spaces, drainage, name of adjacent ow]~ers, easements if any, and grading. On a motion made by Mr. Latham, seconded by Mr. Mullen it was RESOLVED th~[t the Southold Town Planning Board refer the ~ite plan of Anthony Marshall, located at Fishers Island, for the plaCement of a s~0rage building, to the BUilding Department for certification. Vote of the Boa~: Ayes: Orlowski, Mullen, Latham,Ward, r-~ pg (5) r~ 5/21/84 ~ohrinq Enterprises, located at P~conic- The Board noted that the s~rvey indicated that this is a minor subdivision, however, i~ ..contains five (5) lots. The Board requested clarification from the applicant as to how he wishes to proceed with the application; as the map presently indicates, it will have to be handled as a major subdivisior. On a motio~ made by Mr. Ward, seconded by Mr. Latham it'was RESOLVED tl at the SoUthold Town Planning Board ~isapprove the subdiv ~sion of Loretta DiMaqqio located at SouthQ.!.d_ due to the insufficient area of the lots. ~¢~te of the Board: Ayes: Orlowski,Mullen, Latham, Wa~d~ The Board ~lso questioned the use of the house and garage in the future- Simichich located at Mattituck- Mr. Charles Cuddy, esq. was present on behalf of Mr. Simichick. On a motio~ made by Mr. Ward; seconded by Mr. Latham it was RESOLVED tba~ the Southold Town Planning Board disapprove the subdivision Of John Simicich~located at Mat~itu~k, due ~to the insufficient area of the lot, which would be created by the subd Vote of The Board from the Be approval w~ outside th~ ivision. the Board: Ayes: Orlowski, Mullen, Latham, Ward also noted that if the applicant seeks a 'variance ard of Appeals for insufficient area, a 280-a 11 also have to be given as the access road is subdivision and not in Planning Board jurisdiction. ~Qs~nston~ located at Cutchogue- It was the consensus of the Board to c~ll in the attorney for the applicant to discuss placing covenants and restrictions on the lots as to no further subdivisio~ in perpuity, as well as, other proposed subdivisions in the ares and the possibility of both subdivisions using the same access road. cated at Cutchogue-It was the consensus of the o~ing a field inspection, to suggest to the d of Appeals the following information since areathe applic~tiOn~nd width variances: is presently before them for insu'fficient ~omalski-l¢ Board, fol] Zoning Boa~ A 50' strip through the farm reserved as a paper road pursuant to the Master Plan. THIs will not infringe upon the subdivision , but should be considered at this time. pg (6) 5/21/84 Domalski c~nt. 2 This was handled as a set-off, by the Planning Board in 1'983. There'are no covenants regarding re-subdivision. It was the consensus of the Board to hold this application in abeyance u~til all variances and 280-a access approval is granted. *** ~eskouris Ocated at Matt~tuck~The Board requested a key map to be inclgded on the survey. A 'field inspection was made and the Board~ su~ed-making provisions for the reservatio~ of a~50' Strip for a paper road to be dedicated to the Tow~ at some future date, pursuant to the'Master Plan. TheBoard w$1i hold the application in abeyance until ' research iS done to determine the SEQR process for Set,offs. ~ettieri located at East Marion-Board member G. Ritchie Latham was to make a field inspection of the area, however, since ther~ was no key map and the lots were not ~taked he ~ad difficulty in determining the amount of area which was wetlands. There was questions as to the buildability of Parcel with regard to the amount of wetlands. It was th~ consensus of the Board to ~equest a key map and contours on the sur~ey, as well as, ~akes to~ delineate the location of Parcel *** ~orton Chalge of zone ~ocated at Cutchogue- The Board requested that Mr. Hqr~on be scheduled for an appointment with the Board in order tq provide clarification as t~ what is being proposed. The Board ~ad a question as to wh~the applicant was s~ll~ng the lot t~ as well as, who the owner of Lot No. 3 was. ~owalski and Berry located at Southold-Following a field inspection of the site for this site plan for construction of a fish market and office/buidling., the Board requested the following information. 1. Retail sales area. 2. Type of offices proposed and if these are to be ommited at this time, delete them from the plan and re'submit. 3.~All site plan elements to be included on one plan. pg (7) ~ 5/21/84 Mr. William Peters was present to discuss the proposed addition to the Cutchogue Library~ located at Cutchoqu~. Mr. Peters presented-anew survey to the Planning Board for their ~eivew and ex'plal~ed that the library has the option to buy the buiding and land under certain Conditions. These conditions include no parking fields added, any extension be single sto'~ located in the rear of th~ church, and that the.o~ginal architecutural character Df.the church be ~ai~tained. It was noted that the 0~d~nance contains|certain requirements for a library. The Board quest~ioned~ the parking Presently at the sit~ and the additional proposed. T~ey suggested possibly u~i~iz~ng the Town par~in~.field in the area.~ It was the consensus of the Board to make a field inspection prior to a~y action. *** On a motio~ made by Mr. Ward, seconded by Mr. Mullen it was RESOLVED t~t the Southotd Town Planning Board ~ecommend to the SouthO]d Town Board that the relief petition of Edward Nalbantian be denied since there was no public hearing held on the preliminary maps of this major subdivision prior to May 20, 1983.. Vote f the Board: Ayes:Orlowski,Mullen, Latham, Ward. *** On a motio made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED t~at the. Southold Tgwn Planning Board recommend to the Town B~ard that the relief petition of The0d---~]. ~-~h ~II and BrJscoe R. ~mith, located at Fishers Island. be denied since sket(h appoval was no~l~granted prior to May 20, 1983 on this mir I or subdivision. Vote f the Board: Ayes: Orlowski,Mullen, Latham, ward *** On a.~motio~ made by Mr. Ward seconded by Mr. Mullen it was ~nd Charle RESOLVED t~at the Southold T~ Southold Tcwn Board that the in $outhol~ for the Peconic be denied ~s it does not con~ Master Plat for the Town of Vote '~outhold was presen' requested building had not re% wn Planning Board r~Commend to the application for a chan~e of zone ]ounty Miniature Rail Road, Co., Ltd. ~orm with the present or proposed ;outhold. f the Board: A~es: Orlowski, Mullen, Latham, Wa r~ ~ ~!1" site plan lo~ated at Southold. Mr. James Gray to discuss this proposai ~or retail stores, he hat the Planning Board forward this site plan to the epartment for certification. Since the Town Planner iewed this plan t~e Board stated ~hat this Should be done prior to refferal to the building department. pg (8) f~. 5/21/84 On a motion made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED tb~t the Southold Town Plan~i~g Board ~efer the site ~lan "South.)ld Mall" a proposal for 7 retail storesr 1 restaurant .and an'addi'~ion on an existinq restaurant~ located at Southold~ ~apped May 3 , 1984 to the Building Department for certification subject to~e Town Planner's review. Vot~f the Board: Ayes: Orlowski, Mullen, Latham, Wa~d_ - Grigonis-se ~-o.ff located at Southold. The Board will hold this application until research is done to determine the SEQR process for set-off~. Plock-set~c !f lo~d at~guthold. The Planning Board will hold this application in abeyance until research~is done to determine the SEQR prDcess for set-offs. On a moti¢ made by Mr. Mullen seconded by Mr. W~d it was RESOLVED t]~at the Southold Town Planning Board ~pprove th~ ~et-off of Pipes Cove CorD. located a% Greenport, dated .November 1"~ 1983 subject to the filing of theco~enants ~nd restri~'tions as approved by the Town Attorney, with the County Cle~k. (106-13) Vote )f the Board: Ayes: Orlowski, Mul~en., Latham, Wa rd *** Leon Marcu:~ minor subdivision located at Gre~nport. Mr. Charles .C~uddy was ])resent to discuss this proposal. ~ On a~motic RESOL~ subdi~ was s~ a fili WHEREA the T¢ 7:30 WHERE the T¢ and a NOW, Marcu Van T~ Nov. 1 be ap~ on sa~ within made by Mr. Mullen, seconded by Mr. wa~d it was ED that whereas, a formal application for the approval of a ision plat entitled "Leon Marcus" located at Greenport bmitted to'the Planning Board-onJanuary 28, 1983 and ng fee was paid on December 7, 1983. S, a public hearing on said subdivision was held at wn Hall, Southold, New York, on April 9, 1984 at .m., and S the requirements of the Subdivision Regulations of wn of Southold have been met by said subdivision plat plication, herefore, be it RESOLVED that the application of Leon for approval of said subdivision plat prepared by R. le, mapped November 4, 1982 and amended Jan. 17, 1983, 0, 1983, Nov. 28, 1983 and last amended Feb. 16, 1984 roved and the chairman be authorized to endorse approval d subdivision plat subject to the following conditions six months from date of resolution: ~ pg(9) _ 5/21/84 Leon Marcu Cont. No further subdivision of Lots 3 and 4 in perpetuity. The building envelope will set back 100' from the shore line on Lot 2. Should the Nature Conservancy not accept the parcel, said owner will covenant and restrict the land never to be subdivided again nor built on in perpetuity. The conditions 1-3 inclusive shall be filed as · covenants and restriction sin the office of the Count~-Clerk on or prior to granting approval of this subdivision. Vote ON a motic RESOLVED ti ~ompliance for the acc lcoated at follows: Widen on t~ Vote ¢ On a motior · The subdivision will be made subject to the applicant posting a bond with the Town in the approved amount of $9130.00. ,f the Board: Ayes: Orlowski, Mullen, Latham, Ward made by Mr. Mullen, seconded by Mr. Latham it was .at the Southold'Town Planning Board ~Qcept and request With the.repqrt No. 361 of Inspector-John W. Davis ess road within the subd~iv~sion of _~!~erZrude Duchow ~econic[ With the amendment of line '~2 to read ss iden existinq road in the 25ft. R.O.W. to ]5 f,_ e right side. f the Board: Ryes: Orlowski, Mullen, Latham, Ward made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board set June 4~ 1984 at 7:30 p.m. at the Southold Town Hall. Main Road. South.oldas the time and place f~or the ne×t r~qu]ar m~a~g of the Plannmng Board. Vote f the Board: Ayes: Orlowski, Mullen, Latham, ~Ward ~ On a moti~ made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board ~accept. the _suggested r~esolution of F.J. Yakaboski~ esq. regarding the ~acce'ss r0a~ report of the right-of-way within t~e subdivision ,of james M~nos at Mattituck subject to the. withdrawal of the article 78 against the Planning Board. Said resolution reads as follows: ~ pg (10) _ 5/21/84 WHEREJ Board adopt of inspect( respect to and, WHERE2 what porti( are recomm~ NOW, RESOL~ dated Janu~ Manos, des2 suck repori with the at follows:.i 1. or right-oi be require~ numbered~ 1 2. T~ approval of of said ra¢ FURTH~ right-of-wa Lot 4 as s~ FURTH~ construct the west p~ Vote On a motic RSOLVED th~ number 6 in 1984 to rea for dedicat Robert and ~S, on the 6th day of February, 1984, this ~ed a resolution wherein it accepted the report ~r John W. Davis, designated Report No. 340, with the minor subdivision of James Manos at Mattituck, ~S, as adopted, said resolution is unclear as to ~ns of the report constitute requirements and which ~ndations which need not be acted upon by the applicant, 'HEREFORE, BE IT ~ED, that the raod report of Inspector John W. Davis, .ry 7, 1984 with respect to the subdivision of James .gnated as Report No. 340, be accepted and, based upon · and all other submissions to this Board in connection ~ove-referenced minor subdivision, this Board determines as .at the applicant, in constructing the access road -way to Lot 4 as shown on said subdivision plan, to proceed in accord withthe recommendations through 6 of said report. ~e applicant, James Manos~ however, may, subject to thisBoard, use alternate materials in the construction dway; and be it R RESOLVED that when construction, such roadway or y may be used as access to Lots 2 and 3, as well as own on said subdivision plan;~and be it R RESOLVED, that the applicant not be required to berm on the south property line of Lot 2 or on operty line of Lo~ 4. f the Board: Ayes: Orlowski, Mullen, Latham, Ward made by Mr. Ward, seconded by Mr. Latham it was the Southold Town Planning Board amend condition the resolution of conditional approval dated MaY 7, . as follows: The right-of-way shall be offered ion as a Town Road; in the minor subdivision of Vote o ~amuels min reviewed th pruchaSing a donation land 50' ~w this applic regarding t 3ean Lenzner located at Mattituck. the Board: Ayes: Orlowski,Mullen, Latham, Ward )r subdivision located at Orient. The Board again is proposal and noted that the TOWn is considering this property, however, Mr. Samuels will not make to the Town. It .was also noted that the Town owns ~y from' the. property. The Planning Board will hold ~tion until a decision is reached by the Town Board .~e purchase of this land. ~_ pg (11) 5/21/84 On a motion made by Mr. Mullen, seconded by Mr~ Latham it was RESOLVED t~at~_the Sou·thold Town Planning Board ~eclare lead agency wit~ regard to the State Environmental Quality Review Act for th9 minor sUbdivision of ~tephenson BeachI Inc.-located .at Orient-East Marion. An initia·i determination Of non- significa~ :e has been made. Vote On a motio] RESOLVED t! ~pprova ~.ocated ~ub~ect 1 2 Vot~ Ruth 01' at Isla] Mr. Mul Cleaves contact~ over th~ Being nc Mullen carried )f the Board: Ayes: ORlowski,Mullen, Latham, Ward_ made by Mr.Latham, seconded by Mro Ward it was ~t· the Southold Town Planning Board .grant sketch to the minor subdivision of Stephenson Beach~ Inc. at Orient-East Marion dated February 27, 1984 to the following covenants and restictions: No further subdivision in perpuity Suffolk County department of Health services approval of the water of lot No. 3 prior to obtaining a building permit for this lot. of the Board: Ayes: Or-lowski,Mullen, Latham, Ward ~a discussed the bluff e:rosion and~ the Breaker's ~d Proposal pending before the Board. .en questioned the floating docks being placed at Point. It was noted ·that the DEC should be ~d for informationas the Trustees have no jurisdiction .s issue. ~ further business to come before the board, Mr. ~ade a motion to adjourn, seconded byMr. Latham and M~eting adjourned at 10:00 p.m. Respectfully submitted, Diane M. Schultze, Secretary Southold Town PlanningBoard RECEIVED AND FILED BY Orlowsk~, J?~.~ Chairman ~ SO~3TI{OLD TO~N C~.~ ~B~nnett Town O~k, Town of Southolcl