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HomeMy WebLinkAboutPB-11/21/1983HENRY E. RAYNOR, Jr., Chairman 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 7:30 p.m., Monday, November 21, 1983 at the 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 prelim- inary map of the subdivision to be known as Constantine Georglopoulos, 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 bQunds description for the property of Constantine Georgiopoulos, 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: The Board is in receipt from the Town Clerk in the amount of $95 for the filing fee for this proposed major subdivision. In review of the file there is correspondence from this office to the applicant's attorney setting this time and place for a public hearing, copy of legal notices, copy from the applicant's attorneys offic~ re- ports of Department of Health Services, correspondence from this office to the New York State Department of Environmental Conservation, correspondence from the Department of Health Services agreeing with the designation of Lead Agency under the State Environmental Quality Review Act of the Planning Board, declaration of this Board to that pg. (2) ~ 11/21/83 Mr. Raynor: affect, correspondence to the Southold Fire Commissioners with regard to this proposed subdivision as to the necessity of fire- wells in the area and correspondence back from the Commissioners: A decision has been made that one well will be necessary to retain sufficient water for proper protective purposes. The location chose~ is marked in red ink and is attached to the preliminary plat, corres- pondence from this office to the applicant's attorney, correspoddence from the Department of Planning of Suffolk County: In accordance with your request the s~aff has examined the proposed subdivision layout for an 8.1~acre tract reputedly owned by Constantine P. Georgiopoulos and offer the following comments on the map for your use. It is the opinion of the staff that the Suffolk County Planning Commission will consider the layout of this proposed subdivision to be satisfactory. Staff comments on a preliminary map do not consititute a review of the map by the Suffolk .County Planning Commission. W~en the map has been finalized it should be referred to the ~ommission under 1333 of the SuffoLk County Charter. Correspondence from the Department of Public Works, Raymond C. -~Dean, Received the copy of the proposed major subdivision of Constantine P. Georgiopoulos. Jack Davis and I have reviewed the prelininary map and have attached a list of questions and recommendations: Comments, Ail lots except for a few isolated areas are in the flood plain. The flood plan elevation here is 11.0 and should be shown on the plans. 2. No recreation area is shown. 3. Will fire wells be provided? 4. There does not appear to be any drainage problems. The access roads, Lake Drive, West Drive and Leaton Drive to this subdivision from Kenneys Road are maintained by the Town are are in fair condition. There are two high- points on Lake Drive with very poor site distance. One is opposite the center of Lot 8 and one is opposite lot 6. signed by John W. Davis, correspondence from the Department of Public Works saying they approve the road layout for this proposed subdivis- ion and signed by Mr. Dean. Correspondence from this Board to Mr. Dean's office, correspondence from this Board to the applicant's attorney with regard to~_~he approval of the sketch plan, correspon- dence from this Board to the applicant's attorney with regard toCthe State Environmental Quality Review Act, correspondence going back as far as July 1982, The Conservation Advisory Council was sent out to review and inspect the lots in this proposed subdivision: The Council feels they have no jurisdiction since there are no apparent wetlands in this area, signed by Jane Moffatt. We have correspondence with regard to the subdivision which the Board members have a copy of, pg. (3) 11/21/83 Mr. Raynor: from Anita Quinn, Arlene and Kenneth Richter, Gerald Jacobson. In the file we have application for approval of plot in duplicate, short environmental assessment form, metes and bounds description, correspondence from this Board to the applicant's attorney and finally going back through~the file the original sub- mission to the County and this Board. That pretty well completes the file. As is the proceeding with this Public Hearing we will ask if there is anyone present thiscevening who would like to speak in opposition to this proposed major subdivision entitled Constantine Georgiopoulos? Mrs. Olivia? Ruth Olivia: I don't know whether it's strict objection or grave concern. Most of this area is a low swaley area very similar to the one that's found in the Peconic Dunes area right behind. And I'd like to bring it to the Board's attention. These are very im- portant areas, these low boggy areas for recharge areas. That is one concern we have. The other concern would be is they say there is not a problem with drainage. I understand from the people that live there that the road to the west is flo6ded when there is a lot of rain from that boggy area that would be in lot number eight; That it spills over into the road and the gentleman that owns the property to the furthest to the west, which is Mr. Kassimatis called me last night. He is also concerned about the drainage because he says that the lot next to him to the west is a little higher in el- evation and every time there is a rain he gets flooded in his yard. So his is really concerned when something is buil~ there he is go to get more of a lake there than he does already. Of course he is elevated and it does not bother him per say. But I think the other people around there are concerned also ~l~h the drainage. Because if there is this boggy area and plants to grow in it like c~anberry it means there is a clay underliner underneath this vegetation that holds water there. And I would imagine to bring up the level that's going to have to be quite an amount of fill in there and the water got to go some place, so I would ask if you would pay particular attention to that. Thank you. Mr. Raynor: Thank you Mrs. Oliva. Is there anyone else present this evening who would like to speak in opposition?~c Mr. Malloy: Not really in opposition. I'm just wondering about the ground water. Mr. Raynor: Sir, would you give your name please. Mr. Malloy: Sure. My name is Malloy; I live on Leton Drive. Is there sufficient water for consumption? Mr. Raynor: That is a question that is addressed by the Department of Health Services. It is something we take under consideration. Before we could give you an obvious answer to that this has to be referred out to them for their determination on the property. We have some Pg. (4) 11/21/83 Mr. Raynor: correspondence in here from their office and if you would like to review it, it is not final because we do not have a stamp on the map indicating they have approved the source, but it's something that's being considered. Do you have some information pertinent to the groundwater in that area that we should be aware of? Mr. Malloy: I just want to know how much groundwater is available for that amount of homes. Mr. Raynor: Well that is something that will be addressed. We will try to get an answer for you. Yes Sir? Mr. Zimmer: My name is Zimmer, Lake Drive. Not in opposition, I just like to know how many homes are we talking about. Mr. Raynor: Eight homes. Mr. Zimmer: Eight? Mr. Raynor: Mr. Zimmer: It's on 8%1 acres. under Does that come under the two acre zoning ormone acre? Mr. Raynor: We're hearing it under the one acre and I'm not sure I can answer your question with regard to the rest of it. Mr. Zimmer: Thank you. Mr. Raynor: Is there anyone else that would like to speak in opposition? Mr. Grassic: My name is Mr. Grassic. I live on Leton Drive and an all year round observer. The total inland area has one to two feet of water and it stays there for weeks. How it cannot be considered wet- lands, I'm at a loss. There are cranberrys growing in there . (Mr. Grassic was not using the microphone and the remainder of this statement was inaudiable) I just hope that this is taken into consid- eration. Mr. Raynor: Thank you sir. Is there anyone else present this evening who would like to speak in opposition? (Negative) Hearing none, is there anyone this evening who would like to speak in favor of this proposed major subdivision? Mr. Frank F~rris: Yes, I'm here on behalf of the applicant for the office of Wickham, Wickham & Bressler. If I could have just one min- ute I would like to read a letter from Gail Wickham. She was unable to be here tonight but she asked me to read it in front of the Plan- ning Board. Mr. Raynor: Would you give your name sir? Mr. F~rris: Frank F~rris. F-A-R-R-I-S of Wickham, Wickham & Bressler. pg. (5) ~J- 11/21/83 Mr. Farris: Gentlemen: Since I will be unable to attent the public hearing on the preliminary subdivision map, I wouldAlike to submit this letter on behalf of the applicant, Constantine P. Georgiopoulos. ThiS subdivision was applied for on April 8, 1982 and received sketch plan approval on July 22, 1982. Thereafter, revised maps containing a park area were considered, but it was ultimately decided tha the original sketch plan would remain and that the applicant would pay the sum of $10,000 as a contribution to the park and recreation fund in lieu of providing a park area. Mr. Raynor: Excuse me councel could I interupt you a minute? Where did this amount come from? (No answer) I don't know in the record whether we ever reviewed any amount in lieu of park and recreation. I would like bring that point up at this juncture, so we'll certainly leave that point open. I don~t know whether that is something in her notes or something that she had estimated. Mr. Farris: I think this was something in her notes. Mr. Raynor: Okay, It might have been something that was discussed. Go ahead. Mr. Farris: This is based upon the small number of lots and the proximity to existing recreational facilities. Building envelopes have been provided on lots 2 and 8, so no construction will require a variance. The subdivision plan is for eight lots exceeding 40,000 square feet in an area where most of the surrounding properties have been developed on on-half acre or ~ess. The Suffolk County Department of Health reviewed this subdivision and issued its approval on December 30, 1982 following a variance pro- ceeding in which a 5 pool shallow leaching system was approved. The water test was found to be satisfactory by the Department. The approval is, of course, subject to individual application at the time of construction on each lot. On January 10, 1983, we submitted the preliminary maps to the Plan- ning Board, and on February 17, 1983, the maps were referred to the Suffolk County Planning Commission. The Southold Town Conservation Advisory Committee reviewed this sub- division proposal, and we were advised by the Planning Board that they found no objection. On March 28, 1983, the Planning BQa~d issued a Negative Declaration pursuant to SEQRA stating that the project will not have a significant effect on the environment. The Superintendent of Highways has approved the plan. No road or drainage improvements are required. pg. (6) 11/21/83 Mr. Farris: The applicant has expended considerable time and expense pursuing this subdivision application. In addition to the usuan costs for surveys, water and engineering studies, filing fees and legal fees, he has incurred considerable expense in the payment of interest and time extension fees to the contract vendors. This Board has also invested considerable time in reviewing this project, and every aspect has been given careful consideration. I believe the plan is well laid out and that all environmental and planning concerns have been addressed. By P~ovid~ng lots twice as big as most in the neigh- borhood, this development will be an assett to the community. We respectfully request that preliminary approval be granted. Thank you. Mr. Raynor: Thank you councel. One of the members has just shown us some correspondence apparently back in 82 with the figure of $10,000, so this was discussed. Is there anyone else p~esent this evening who would like to speak in favor of this proposed major subdivision? (Negative) Hearing none, is there anyone present that has some specific information that should come before this Board at this time that may be neither pro nor con but would held this Board in making a decision on this matter? Mr. Malloy: Would you explain that $10,0007 Mr. Raynor: The matter in question is the subdivision regulations provide for a 5% park and playground being put in each major subdiv- ision. In lieu of that there is a section in the regulations that stipulates they may accept an amount of money to be put into a special fund by the Town. That money is set aside by the Town in an interest bearing account to expand within that neighborhood a parcel of property that may be unique for recreation purposes or park purposes instead of having many small configurations of parcels that quite often lay fallow when a subdivision is less than 20 acres. The Town has in several instances taken the money, set it aside so that when they are in a position to expand on an existing facility or buy a~unique piece that fund is then tapped. Does that answer your question of where the source of the money goes. Mr. Malloy: Yes. Mr. Raynor: You should know. Anybody else that has any questions with regard to this information that this Board should be aware of? (Negative) Okay, Mr. Mutlen, do you have any q~estions? (Negative) Mr. Orlowski? (Negative) Mr. Latham? (Negative) Alright, there being no further questions with regard to this public hearing, we will consider the matter closed and thank you all for coming in this evening to hel~ us. pg. (7) 11/21/83 Mr. Raynor announced that the 7:45 p.m. appointment for Abigail Wickham had been cancelled, thus Hanauer/Bagley would be scheduled at a later date. Mr. Raynor stated the Board would inspect the property of Patricia and Peter Lenz. Kathrine Farr Site Plan - Mr. Stanley Corwin, Esq. and Mr. Richard Lark, Esq. met with the Board to discuss certification of this proposed plan. Mr. Raynor read the certification submitted by Mr. Edward Hindermann. Mr. Corwin stated the plan has been in litigation and the plan has also been reviewed by the Zoning Board of Appeals, Planning Board and County and requested that some one make a first move. Mr. Corwin stated that at the suggestion of Mr. Lark he was willing to discuss this matter in hopes to resolve the problems. Mr. Corwin suggested the construction of a raised building which would allow the parking of cars underneath it, with the main ingress and egress to the North of the property. Mr. Corwin stated there would be no hauling of boats on the site, it would be a limited marine use with no more that five boats on the property at any one time, there would be no repairs of outside boats, no retail sales on the premises. Mr. Corwin stated he would covenant and restrict this property. Mr. Lark reiterated Mr. Corwin's requests. It was the concensus of the Board to review the file and proposed layout for this area. Mr. Corwin and Mr. Lark will be advised of a determination at a later date. Roger Munz - Mr. Munz met with the Board to discuss his proposed site plan. Mr. Munz stated that through repeated attempts he is unable to obtain a lease agreement for the use~of access to his property as conditioned by the Planning Board in condition number two. He sub- mitted a letter to the Board with three alternatives, asking hhe board to weigh each alternative, in hopes he would not have to reduce his building to comply with the ordinance. Mr. Mullen suqgested the Board inspect the property to see if the abutting park district could be pursued for emergency access to the property. The Board will in- sepct the area prior to determination. Long Pond Estates I and II Mr. William B. Smith met with the Board to discuss the status of Section I and proposed Section II. Mr. Raynor advised Mr. Smith that Mr. John W. Davis, Inspector will be submitted a list of problems and solutions within Section I in the near future. Mr. Smith stated Mr. Howard Youn~ and Mr. Roderick Van tuyl will work together to resolve the new contours, etc.. Mr. Raynor advised Mr. Smith that the preliminary hearing for Long Pond Estates was held for Section I only as the legal notice of hearin~ described the metes and bounds description of Section I only, and if pg.. (8) ._~ 11/21/83 he wished to proceed with one acre lots in the Section II of this sub- division he could seek releif under Local Law No. 11 through the Town Board. Mr. Raynor advised Mr. Smith to have Mr. Richard Cron, Esq. direct a letter to the Planning Board if he had pertinent infor- mation regarding Section I and Section II. Mr. Smith gave the Board copies of maps for Long Pond Estates Section I and II. Mr. John Pietrodanglo met with the Board for a presubmission confer- ence. Mr. Pietrodanglo proposes to donate the existing building on the property to the Southold Fire Department as it was at one time the Southold Fire House. He proposes to rebuild a new two story building. The following action was taken. On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board .approve the site plan "John Pietrodangelo", relocation of the exiSting two story building located on the northeast of the property for the reconstruction of a new building to the the same size (50 square feet more or less), subject to certification from the Building Department and a one year review by the Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board set 7:30 p.m., Monday, December 5, 1983 at the Town Hall, Main Road, Southold, New YOrk as the time and place for the next regular meeting of the Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis' report ~332 with regard to recommendations for remaining work to be done prior to the release of the road bond for the subdivision known as Town Harbor Terrace located at Southold. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (9) 11/21/83 On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was REsOLvED that the Southold Town Planning Board approve Inspector John W. Davis' report ~333 regarding the improvements to the right- of-way within the subdivision of Folly Beach Ltd. and said road to be maintained at or above its present state, whereby amending Plan- ning Board's requirements for improvements outside the metes and bounds of the subdivision in question. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Cross Sound Ferry Site Plan - The Board read and reviewed the certif- ication letter from George H. Fisher. Based on this report i% was the concensus of the Board that the applicant revise his plans to indicate areas that have been omitted from the plans initially sub- mitted to the office. The Board noted the report of Georg H. Fisher as being very thorough and informative, as alt3aspects of th~ pro- posal were very well addressed. It was the concensus of the Board to_~forward a letter to Mr. Fisher thanking him for his time and effort in preparing this excellent report. On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board accept the Suffolk County Planning Commission's recommendations for the approval of the minor subdivision of Frank W. Abrams, Jr., located at Southold. Vote offthe Board: Ayes: Raynor, Latham, Mullen, Orlowski North Fork Bank at Cutchogue - The Board read correspondence from the Cutchogue Fire Commissioners. The following action was taken. On motion made by Mr. Orlowski, seconded~by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the site plan "North Fork Bank at Cutchogue" subject to a one year review and approval by the Planning Board and the Cutchogue Board of Fire Com- missioners for any additional curbing from the 35' curbctowards New Suffolk Road. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (10) <_ 11/21/83 John and Olivia Fellinger-Ihar (Woodbine Manor) The Board reviewed correspondence from the Town Clerk, dated November 17, 1983 in which the Planning Board is requested to verify whether the property known as Woodbine Manor zs entitled to develop it in one acre lots. It was the concensus of the Board to get clarification from the Town Attorney with regard to his letters of January 7, 1983, in which he indicates that approval of the final map has expired; and his letter of November 7, 1983 to the Town Clerk in which he refers to final approval being given and no need for the applicant to seek relief from the Town Board. The Planning Board would like clarification from the Town Attorney on how to proceed with said subdivision appli- cation. Sebastian's Cove Section II - The Board reviewed correspondence from Mr. Richard Lark, Esq. regarding the status of this proposal. The Board had no objections to the letter and were in agreement that necessary steps be taken to proceed with final referrals so tha a final hearing could be scheduled. East Marion Woods, Section I - The Board reviewed petitition from the Town Clerk's office requesting Planning Board recommendations with regard to two acre development _for East Marion Woods, Section I. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board recommend to the Town Board that relief from the bulk requirements of the Zoning Code uner Local Law No. 11 - 1983 be denied for the proposed subdivision known as East Marion Woods, Section I, at East Marion. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Settler's at Oysterponds - Prior to action on the approval of the pre- liminary map, the Board discussed the question of road improvements in the future. Question ~as raised as to whether the Town owns the road by adverse posession due to the Town maintanence of the road over a period of years. The Board would like confirmation from Mr. Raymond C. Dean, Superintendent of Highways. pg. (11) ~__ 11/21/83 On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the prelim- inary map of the subdivision to be known as Settler's at Oysterponds, located at Orient. Vote of the Board: Ayes: Raynor, Latham, Mul~en, Latham Mr. Latham's affirmative vote was noted with reservations regarding suitable water and sewerage for this area and a determination regarding construction and improvements to the road in the future. On motion made Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as indicated on the map of Agnes Dunn & Charles Malinauskas, located near Greenport, dated May 5, 1981 and revised November 7, 1983. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski It was noted that the Zoning Board of Appeals had granted approval May 22, 1981 with conditions and such conditions have been met. Nick Cyprus (Captain Kidd Estates) - It was the concensus of the Board to hold this application for further study of previous files under the same name. Mr. Raynor announced that Mr. Orlowski and he had a very productive meeting with Raymond: Parish, Pine & Weiner, Inc. and the Suffolk County Planning Commission with regard to the Master Plan Update for Southold Town. Mr. Orlowski announced that after speaking with Mr. Kopptemen, it was guaranteed that Mr. Kopptemen would go before Peter Cohalan fore, funds for farmland preservation. The minimum to be given would be matching funds that the phbl. ic approved on the November ballot. pg. (12) 11/21/83 Hellenic Snack Bar - A field inspection was made on this property. The Board noted this area to be critical regarding traffic flow and backing out on to the Main Highway. The ingress~egress had poor vision of cars coming from the east due to the cirve in the road and the slope of the property. The Board questioned whether the Southold Town Police Department could supply information regarding the number of accidents in this area. It was the concensus of the Board that the plans be revised to designate that no parking would be in front of the building (the four spaces to be removed and re- located to the rear of the building and this area to be buffered to prevent parking). The Board advised Mr. Kapell that the easterly ingresS/egress to be for ingress only and egress for the vehicles to use the existing black top driveway located on the west of the property. These revisions would result in the relocation of a cabin. Stengner Minor Subdivision - The Board discussed this subdivision application noting the area to be very small. Constance Klapper - A physical inspection was made on this property. It was noted the~e~ are two existing buildings on the parcel, a main residence and a studio which appears to be used as a second dwelling. It was the concensus of the Board to advisecthe Building Department that a possible violation exists on this property and request any information they might have in their files before proceeding with this application. Mark & Ellie Gordon - The Board was unable to inspect this property. An inspection will be made at a later date. Blue Horizons - The Board attempted to inspect this property and were unable to as there was a large amount of rainwater on the property from the heavy rains. The Board will inspect at a later date. pg. (13) 11/21/83 Grandview Estates - Mr. Latham reported the roads within this sub- division are very bad and sand and fill had been pushed over the bank. On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that a stop work order be placed on the lot in violation of restrictions placed by the Planning Board in their resolutionc6f approval for the subdivision of Grandview Estates, located at Orient. Vote of the Board: Ayes: Raynor, Latham, .Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that an inspection of the property Grandview Estates be made by Inspector John W. Davis. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Settler's at Oysterponds - Mrs. Ruth Olivia advised the Board that a letter would be forthcoming to the Planning Board regarding the stamped approval by the Suffolk County Department of Health. The~ letter will be sent from the Health Department. Mrs. Olivia stated that each lot owner would be responsible for obtaining their own approval prior to any construction. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to recess the meeting for an executive session. Meeting recessed 9:40 p.m. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski EXECUTIVE SESSION - The Board discussed personnel. MEETING RECOVENED at 9:50. It was the concensus of the Board that correspondence be directed to Mr. Robert W. Tasker, Town Attorney, favoring that Highpoint at East Marion, Section II, be given favorable consideration for the develop- ment of one acre lots under Local Law No. 11. pg. (14) :'~' 11/21/83 Being no further business to come before the Board Mr. Raynor made a motion to adjourn, seconded by Mr. Mullen and carried. Meeting adjourned at 10.00 p.m. R~spectfully submitted, Susan E. Long, ~ecre~ry Southold Town Planni~ Board Henry E. ~ynor, Jr.,~hairma~ RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK 1 Town Clerk, Town of ~