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HomeMy WebLinkAboutPB-10/18/1983HENRY E. RAYNOR, Jr.. Cha/rman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold. N.Y. 11971 TELEPHONE 765- 1938 A regular meeting of the Southold Town Planning Board was held at~- 7:30 p.m., T~esd~, October 18, 1983 at the Southold Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Member William F. Mullen, Jr. Member George Ritchie Latham, Jr. Member Bennett Orlowski, Jr. Building Administrator Victor Lessard 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of James Manos located at Mattituck. 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 of the property of James Manos lo- cated at Mattituck. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Mr. Raynor presented proof of publication in the Suffolk Times and the Long Island Traveler-Watchman. Mr. Raynor: In review of the file we have a receipt from the Town Clerk's Office in the amount of $100 for the subdivision of James Manos for the filing fee. Copy of the legal notice, correspondence from this Board to Mr. Bruer setting this evening as a hearing, correspondence to Mr. Bruer with regard to the approval of the sketch plan amended on August 10, 1982, correspondence to Mr. Bruer, the applicant's attorney for this Board's declaration as lead agency under the State Environmental Quality Review Act, correspondence to the Suffolk County Planning Commission, locater maps for DEC, corres- pondence back from the Suffolk County Department of Health Services with regard to the State Environmental Quality Review Act stating that their department has no objections and agrees with the initial determination and reviews the application as complete, correspondence from the Suffolk County Planning Commission; preliminary forms stating that they concur and the subdivision should be returned for local determination. A Negative Declaration'under the State Environ- mental Quality Review Act, an inventory and evaluation of resourses. ~ pg.(2) .... 10/18/83 Mr. Raynor: Correspondence from Peconic Associates, correspondence from the Building InspeCtor's Office, correspondence from Mr. Edgar A. Jahns with questions to recourses to property to drainage in the area, correspondence of application from the applicant himself with regard to right-of-way structure and prior correspondence with re- gard, from the applicant's attorney, application for plot approval, statement with regard to grading, drainage and roads, short environ- mental assessment form and description of the property. That pretty well completes the file as presented. As is the procedure of these meetings I will ask if there is anyone presen~ that has any objection to the proposed four-lot minor subdivision of James Manos, located at Mattituck? (Negative) Hearing none, is there anyone present this evening who would like to speak in favor of this proposed minor sub- division? Mr. Bruer: Yes, Mr. Rudolph Bruer, on behalf of Mr. James Manos. I believe this matter has been discussed pretty well at this point. I think the only question that has ever come up reganding this is one of the neighbors objected~to the possible drainage on the plan. Mr. Raynor: Yes, Mr. Jahn. Mr. Bruer: Right. I think the Planning Board is aware just for the record that the whole layout of the subdivision has been changed in that Mr. Jahn's objection was that the entrance to lot ~4 would come from the rear of the property and if you notice that on this subdiv- ision map everything comes from the road. Mr. Raynor: Yes, Miller's right-of-way, correct. Mr. Bruer: I didn't hear, Mr. Chairman, mention the letter from the Department of Agriculture with respect to the drainage which I thought was in your file. It basically says that there is no substantial run- off from . . with respect to it being tested. Mr. Raynor: I eluded to that on the inventory evaluation and resourc~es. Mr. Bruer: Alright, I didn't pick that up. Mr. Raynor: There's enough in here. Mr. Bruer: Alright, thank you. I would respectfully request that the Board approve the application as requested. It will be a benefit to the community and they're nice lots, they're fairly large and again I request that it be granted. If you have any questions Mr. Manos, the owner, is here and Mr. Strang from Peconic Associates is also here to answer any questions that you might have. Thank you. Mr. Raynor: Thank you Mr. Bruer. We should also make comment that we have received approval from the DePartment of Health Services and we have a stamped map to that effect. Mr. Bruer? (3) 10/18/83 Mr.. Bruer: Is it possible to see Mr. Jahn's letter. We never did see that. Mr. Raynor: Yes, it is part of the file. Mr. Bruer: Can we get it from you? Mr. Raynor: I only have the original here but his primary concern is'any recourse he might ha~e after this property is sold if possible future drainage problems on the construction of any of the lots in question. Those are Mr. Bruer; But we really didn't look at it. If you have any questions with respect to that Mr. Manos would be happy to answer them or rebut anything with respect to that letter. Mr. Raynor: Well I think on the basis of the engineering presented should this be deemed a problem in the future it would be between the abutting property owners, not a matter for the Town of Southold. Mr. Bruer: Thank you very much. Mr. Raynor: Is there anyone else present this evening who would like to speak in favor of this proposed minor subdivision? (Negative) Is there anyone present this evening that has some information pertaining to this public hearing that may be neither pro nor con but should come before this Board for this Board's information and determination in this subdivision? (Negative) Hearing none, members of the Board? Mr. Mullen? (Negative) Mr. Orlowsk±? (Negative) Mr. Latham? (Negative) There being no further questions on the matter under con- sideration, we will deem this hearing closed and thank you for coming in this evening. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the minutes of the regular meetings held August 17, 1983, August 22, 1983, September 19, 1983, September 26, 1983 and the special meetings held September 9, 1983 and September 12, 1983. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board set 7:30 p.m., Monday October 24, 1983 and November 7, 1983 at the Town Hall, Main Road, Southold, New York as the time and place for the next regular meetings of the Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (4) .~j 10/18/83 James Reeves Site Plan - The Board reviewed certification response from the Building Inspector's office. The following action was taken. On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board refer George Fisher's letter, dated October 5, 1983, regarding the site plan of Harold R. Reeve & Sons, Inc. to Mr. James Reeves and request a written response prior to any action by the Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Estelle Wyder/Baker - It was the concensus of the Board to make an on site inspection of this property prior to any action. 7:45 p.m. Public Hearing on the question of the approval of the minor subdivision of Frank W. Abrams, Jr., located at Southold. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board dispense with the read- ing of the metes and bounds description for the property of Frank W. Abrams, Jr., located at Southold. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Mr. Raynor presented proof of publication in the Suffolk Times and the Long Island Traveler-Watchman. Mr. Raynor: We will read through the file in what has been submitted. We have our receipt from the Town Clerk, Town of Southold in the amount of ~75 for the application. In review of the file we have a resolution setting this time and place for a public hearing, legal notice, resolu- tion for sketch plan on the minor subdiviszon,dated and amended January 3, 1983, correspondence from this office to the applicant's attorney declaring this Board as Lead Agency under the State Environmental Quality Review Act, correspondence from this Board to the Suffolk County Planning Commission with regard to location, correspondence from this Board to the New York State Department of Environmental Control with regard to the State Environmental Quality Review Act, correspondence from the Suffolk County Department of Health Services: This department has no objection to your designation as lead agency. This department is in agreement with your initial determination. This department has reviewed the application and it is complete. Correspondence from the pg. (5) ~ 10/18/83 Mr. Raynor: applicant's attorney, correspondence from this Board to the attorney, correspondence from this Board with regard to grading~ road construction and drainage signed by the applicant, short environ- mental assessment form signed by the attorney for the applicant, application for the approval of plat completed and noterized, metes and bounds description and more maps with regard to this proposed sub- division. The file appears to be in order. As is the procedure with Board we will ask if there is anyone present this evening who would like to speak in opposition to this proposed three lot minor subdivision of Frank W. Abrams, Jr.? (Negative) Hearing none, is there anyone present this evening who would like to speak in favor of this proposed minor subdivision? Abigail Wickham: Abigail Wickham. I think most of what concerns this application has already been said. Just for the record, it is a three lot minor. We've complied with Article 6 of the Health Department. The main issues were access to Middle Road, which has been limited as indicated on the map and also internal traffic circulation between the parcels on Middle Road which has been handled by reservation park- ing areas as indicated on the map. I hope now we are in the position that there isn't anything further to discuss and we can get our approval. Mr. Raynor: Thank you Gall. Is there anyone else present this evening who would like to speak in favor of this proposed minor subdivision? (Negative) Hearing none, is there anyone present this evening that has some information with regard to this proposed minor subdivision that should come before this Board that may be neither pro nor con but would help this Board in making a determination on the application r~ei~ed?£_ ~'~ (Negative) Hearing none, questions from members of the Board? Mr. Latham? (Negative) Mr. Orlowski? (Negative) Mr. Mullen? (Negative) Gall, with regard to lot number one do you forsee a resubdivision of that lot in B-1 use district? Ms. Wickham: Mr. Abrams has no plans to subdivide it. If any subsequent purchaser were to they would have to come before the Board for approval. Mr. Raynor: Alright, but you have no intent of filing covenants and restrictions on that lot though either. Ms. Wickham: We didn't plan to. No. Mr. Raynor: I'm just trying to find out what's Ms. Wickham: Mr. Abrams has no plans to do it. A subsequent purchaser might. Mr. Raynor: Very good. Mr. Latham: Excuse me Henry. pg. (6) --- 10/18/83 Mr. Raynor: Yes Ritch. Mr. Latham: How about lot two, can that be further subdivided by someone else, other than Mr. Abrams? Mr. Raynor: It's under B-1. Yes. Okay, any other board member? (Negative) Okay, there being no further discussion on the subject we will thank you for coming in this evening. Annette Zabohonski - This subdivision was approved by the Planning Board September 20, 1982. Because the covenants and restrictions were not filed as conditioned in the approval the following action was taken when the filed covenants and restrictions were received: On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board reaffirm their resolu- tion for the approval of the minor subdivision "Annette Zabohonski", dated September 20, 1982, subject to receipt of four (4) copies of the final map for signature. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Stengner Minor Subdivision - Mr. Rudolph Bruer, Esq. met with the Board to discuss this proposed subdivision. Mr. Raynor read a letter from the DEC stating that no permit is required under Article 25 (Tiday Wetlands) is required. Mr. Bruer advised the Board that originally the property was three separate lotst each purchased at different dates by the previous owner, Rollston~ and merged under one name. Mr. and Mrs. Stengner purchased the property and proposed to subdivide the parcel into two lots. The Board noted that the lot size was not indicated on the map. Also noted was a common 50 foot access road. Mr. Raynor asked that Mr. Bruer submit information regarding the elevation of the property at the head of the road and where a point would go for water. The Board will inspect this property prior to any action. pg. (7) ~ 10/18/83 Andrew Lettieri at East Marion - The Board reviewed correspondence from Joseph ~zza~ Esq. Mr. Gazza was present. Mr. Gazza questioned whether the property in question was considered two separate lots due to a right- of- way separating the designated lots and the fact that separate fee titles are held defining the right-of-way. The Board was in agreement to inspect this property and~advised Mr. Gazza that DEC approval would be necessary if within 300 feet for any ex- cavating. Mr. Gazza will follow up by researching the legal status of the property concerning the question of two lots separated by a right-of-way and submit it to the Board. Sebastian's Cove - Mr. Richard Lark, Esq. and Mr. Toumanoff was presen~ to discuss the status of this subdivision. Mr. Lark stated this sub- division was exempt from the two acre upzoning due to local law number nine. The Board stated they wanted clarification from the Town Attorney. Mr. Toumanoff stated that he had spoken to the Town Attorney at the public hearings held on the local law and was advised that Sebastian's Cove would be exempt from two acre zoning. The Board asked that Mr. Lark get written clarification from the Town Attorney and forward a copy to the office. The Board stated they would not proceed with the final maps until this was resolved. Mr. Lark stated the application for Health Department approval was pending and his client was negotiating with the Department of Environmental Conservation for an agreement regarding the property. Cranberry Acres - Mr. William B. Smith, agent, met with the Board to discuss this subdivision as requested of the Board. The Board advised Mr. Smith that they could not approve the maps with the docks that are designated on it as it is outside the jurisdiction of the Planning Board. Mr. Smith stated he would revise the maps to eliminate the docks. The board requested covenants and restrictions that no build- ing would be located south of Beach Road. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board declare itself lead agency with regard to the State Environmental Quality Review Act in the matter of the subdivision to be known as Cranberry Acres at Southold. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (8) ~ 10/18/83 Joseph Crenshaw Site Plan - Mr. Joseph Crenshaw met with the Board for a presubmission conference for the construction of a building. The Board questioned the lease agreement held between Mr. Crenshaw and the adjoining property of Razmataz owned by Ronald Buchinski as the proposed construction appeared to encroach on Razmataz' additional parking. The Board asked that the property be staked for the inspection by the Board. On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board declare itself lead agency with regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Elizabeth B. Schwieger and Margaret L. Murray, located at Southold. An initial determination of nonsignificance has been made. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southotd Town Planning Board approve the sketch map of the minor subdivision of Elizabeth Schwieger & Margaret L. Murray, located at Southold, dated April 18, 1983 and amended June 29, 1983. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board advise the Town Board that William F. Mullen will represent the Southold Town Planning Board to serve on the Technical Advisory Committee (TAC) for Airport Site Selection/Master Plan Study being conducted by PRC Speas. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski The Secretary was instructed to advise the Town Clerk that Mr. Mullen would not be able to attend the meeting scheduled for 10:00 a.m. and 1~':30 p.m. on October 27, 1983. pg. (9) ~_~ 10/18/83 Mr. Raynor announced that Planning Board Member, James Wall, will be submitting a resignation as he was moving his residence to Ftordia. Mr. Raynor stated this announcement was premature as a written con- firmation has not yet been received. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to recess the meeting for an executive session to discuss litigation. Meeting recessed 9:0D p.m. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Meeting reconvened 9:20 p.m. The Board reviewed Judge Harvey Wi Sherman's motion, dated September 26, 1983, regarding Kathrine Farr Site Plan. The following resolution was passed and Mr. Stanley Corwin is to be notified of same and re- quested to meet with the Board at the regular meeting scheduled for November 21, 1983 to discuss a final determination of the Board. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board refer the site plan "Kathrine Farr" to the Building Inspector's Office for certification, 100-133 (B). Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the regular meeting of the Southold Town Planning Board be adjourned. Meeting adjourned at 9:30 p.m. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Respectfully ~ub~itted ~usan E. Long,'Sec~e~ Southold Town. Plann~oard