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HomeMy WebLinkAboutPB-01/18/1982HENRY E. RAYNOR. Jr.. Chairman JAMES WALL BENNETT ORLOWSKI. GEORGE RITOHIE 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. Monday, January 18, 1982 at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Member G. Ritchie Latham, Jr. (arrived 7:40 p.m.) Member William P. Mullen, Jr. Member Bennett Orlowski, Jr. Member James Wall Long Island Cauliflower Association - Ms. Abigail Wickham, attorney for Ed Dart, met with the board to discuss the ingress and egress on this property. She informed the board that it is Mr. Dart's intention to relocate his present business, Southold Stove Works, to the steel building on this property and to locate the access 100 feet from the southwest corner of the property would create a hardship for the owner. She requested the board to allow the use of the exit on Youngs Avenue, 50 feet back from the monument as this business does not result in a la-rge amount of traffic. Mr. Raynor stated the board's concern for the future development of this B-1 District, as certain zoning d~es not require site plan approval; such development of this property could result in possible traffic problems in the future. Ms. Wickham asked the board to reconsider the location of access, as the applicant's deadline for the contract ends January 28, 1982. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board amend the curb cut on the property of Long Island Cauliflower Association, to be conveyed to Ed Dart, not to exceed 250 feet from the southwest corner of the property subject to the following conditions: 1. Suffolk County Planning approval 2. The existing blacktop to be abolished at time of title transfer 3. This is to be the only curb cut allowed for this property pg. 2 1/18/82 Reliable Assiciates - Mr. Raynor read correspondence from Jack Driscoll, dated January 12, 1982 stating that lot ~2 shall be left in one piece with a covenant that no further subdivision be made and no other build- ing will be constructed. The letter stated Mr. Martin Sidor is in agreement with the conditions. It was the concensus of the board that lot ~2 remain as one lot with covenants restricting further subdivision and that no buildings are to be built on this property in the future, and lot #3 is to become a non-buildable entity. Applicant must submit sketch plans to conform. Sal and Benny Caiola Cluster - Mr. David Kapell, agent and Mr. Roderick Van Tuyl discussed this proposal with the board. The board considered this proposal to be extremely poor planning and offered the following comments: 1. Road layout poor, board does not approve the four cul-de-sacs 2. If greater than 20 lots, plan must show two access roads 3. Internal loop street needs to be revised, some road- way should be extended 4. Poor location of playground area, should be centrally located 5. Playground area is under 5%, insufficient amount 6. Proposal has no green-belting 7. Roads above 1200 feet would require a variance to the ordinance 8. The designated emergency exits are blocked off at the present time 9. Applicant to submit revised maps, area has the potential for a beautiful cluster development Grandview Estates Mr. Harold Reese and Mr. Roderick Van Tuyl met with the board to discuss the change in the road layout on this sub- division. The file contained written approval from Raymond Dean; Superintendent of Highways, and Mr. Lawrence Tuthill; Professional Engineer on the proposed change. It was the concensus of the board to agree with the reviszon and requested the applicant to submit final maps reflecting such. Cove Beach Associates Mr. James Cron, acting attorney for Mr. Richard Cron discussed item #5; lot ~13 located on the sound to be designated as park and playground, and item #8; fencing around the drainage area. Mr. Raynor requested Mr. Cron to submit draft covenants and agreement concerning item #8. Upon receipt they will be referred to the Town Attorney for his approval. The board will make a determination on granting a waiver at a later date. Mr. Cron proceeded with item ~5. pg. 3 1./18/82 Cove Beach Associates, con't - Mr. Cron stated that one third of this property has been reserved for park and playground and asked the board to reconsider their recommendation to include lot ~13 due to the tremen- dous economic loss of this sound lot. Mr. Howard Young stated the designated park and playground area was sufficient. The board was in a§reement to add one additional lot to the park and playground area; lot #13, because of the topography or lot ~18; due to the wetlands at the south end. The reserved acreage would be advantageous to the in- ternal lots. It was the concensus of the board that either lot ~13 or ~18 be designated on the map as additional park and playground area. Interested parties in the audience included Charles Reese, Mildred Koch, Mr. Brusso and Mr. Howard Young. Angel Shores - Mr. James Cron and Mildred Koch were informed of the field inspection made on this property. The board noted considerable upland for a major development. They questioned the t0 foot contours on the southwest line, including lots 26, 25, 24, 23, and 22. The board requested Mr. Cron to submit revised maps designating the wetlands area. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the site plan of Irwin Thompson subject to the applicant receiving approval for a curb cut from the state. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall The board requested Mr. Thompson to submit a copy of the state's ap- proval for the Planning Board file. On motion made by Mr. Latham, seconded by Mr. Wall, it was RESOLVED that the Southold-Town Planning Baord approve the parkinq plan, submitted by Myrtle Amott and located at East Marion, to use the premlses (one or two bedrooms) for overnight paying tourists. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Orlowski, seconded by Mr. Wall, it was RESOLVED to endorse and send the following letter to the Southold Town Board: Dear Mr. Pell: Thirteen years ago, our department finished public hearings on the Southotd Town Development Plan. From that time to 1982, we have had significant changes in land use and housing design. Letter to Town Board, con't The Town has gained new information on both its salt water intrusion and water quality studies. Changes have occured with respect to lot size from one third acre, to one half acres and currently one acre (10 years ago) as a result of town and county planning. Southold Town's adoption of wetland's ordinance prior to New York State's program speaks for itself. New York State's adoption of State Environmental Quality Review Act has been another occurrence which creates a town responsibility to the quality of life. The creation of our Southold Town Conservation Advisory Council fur- ther shows the concern for our township which was not in existence in 1969. Ail these changes have been effectuated after the adoption of our development plan. In view of the present and forthcoming studies: a. Suffolk County Water Study b. Town Waste Disposal Study c. Mattituck Inlet Advisory Study d. League of Women Voters Questionnaire e. On going input from North Fork Environmental Council f. Cornell Water Study g. Temik Condition Study The time to initiate a complete plan for Southold Town is now. The opportunity to utilize the base information, now current, and coordi- nate this into a comprehensive plan is unique. We strongly feel that this plan should go beyond a development plan and incorporate a complete re-organization of existing zoning ordin- ances. A re-examination of zoning classifications and uses should be established to reflect the 1980's and 1990's. Exploration of specific areas, such as: a. "M" zoning b. Island zoning c. Clustering provisions d. Wetland zoning eo Common wall duplex residential construction f. Separation of agriculture from residential g. Estate zoning ho Aquaculture and commercial fishery zoning i. "C" zoning j. Tourist use zoning k. Waterfront zoning pg. 5 '~ 1/18/82 Letter to Town Board, con't These above areas listed are but a base for study if the following goals are still valid (and we, the Planning Board feel they are): a. Farmland preservation b. Seasonal and Tourist attraction c. Maintaining water quality d. Advancing fishing and aquaculture e. Maintaining and improving our ecological balances f. Broadening our economic base The areas and goals outlined can not be achieved without the corres- ponding ordinance enforcement. The proposed plan must be completely in accord to be effective. The time to provide for the year 2000, is 1982. This Pianning Board most urgently requests the Town Board to move immediately on this proposal. The Planning Board needs and requests from the Town Board the following: be Funding committments for a town development plan. (Estimates to date indicate $80,000) One councilman to serve on the Planning Board com- mittee to interview and select a planning firm. Yours very truly, Henry E. Raynor, Jr., Chairman Southold Town Plannzng Board cc: Town Councilmen Town Attorney Building Dept. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall The following was introduced by Mr. Wall, seconded by Mr. Mullen and carried: Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a signific ant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Hilary Pridgen is a three lot sub- division located at Laurel. The project has been determined not to have a significant effect on the environment for the following reasons: pg. 6 .... 1/18/82 An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Applicant should be aware that a permit may be required because of the proximity to the wetlands. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. It has reviewed the project and finds this area has a questionable water supply. Prior to commenting, they would normally require a test well. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 On motion made by Mr. Wall, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board accept Suffolk County Planning recommendations with the deletion of recommendation number seven and number eight on the subdivision entitled "Hilary Pridgen", located at Laurel. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall The following was introduced by Mr. Mullen, seconded by Mr. Latham, and carried: Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of $outhold, notice is hereby given that Southold Town Pl'anning Board as lead agency for the action described below has determined that the project will not have a significant effect on:~he environment. DESCRIPTION OF ACTION The minor subdivision of Paradise Point Corporation is a four- lot subdivision located at Southold. The Project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Applicant should be aware that a permit may be required because of the proximity to the wetlands. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. Due to the history of a limited water supply in the Paradise Point area, a water supply study is recommended prior to any further approvals. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southotd, New York 11971 On motion made by Mr. Orlowski, seconded by Mr. Wall, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Paradise Point Corp- oration was submitted to the Planning Board on July 27, 1981, and an application fee of $100.00 was paid on July 20, 1981,and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on August 31, 1981 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of $outhold .have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Paradise Point Corporation for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated June 30, 1981 and amended November 3, 1981, be approved and the chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions: No lot shall be subdivided or its lot lines changed in any manner at any furure date unless authorized by the Southold Town Planning Board. No sanitary disposal facility shall be installed or constructed within 100 feet ofkthe edge of the marsh or the edge of Southold Bay. pg. 8 1/18/82 Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Southold Bay and the wetlands within the parcel. e Approval of this subdivision shall be made subject to the subdivision's meeting the requirements and standards of the Suffolk County Department of Health Services. The above conditions shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall After reviewing Inspector John Davis' road inspection report #209 re- garding the roads located in Bexidon Estates and West Creek Estates the board took the following actions: On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the roads located in West Creek Estates~ filed map ~3848, for the Building In- spector to issue building permits. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Orlowski, seconded by Mr. Wall, it was RESOLVED to deny approval of the roads located in Bexidon Estates, filed map ~1472 and no building permits be issued to lots numbered 48, 4, 53, and 55 (1), 10, 11, and 12 (4), 44 and 45 (7) or to the lots located on Arshamomaque Avenue where the existing road is approx- imately nine feet in width. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to set 7:30 p.m. Monday, February 8, 1982, at the Town Hall, Main Road, Southold, New York for the next meeting of the Southold Town Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall pg. 9 1/19/82 On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to set 7:45 p.m., Monday, February 6, 1982 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the question of the approval of the minor sub- division of Little Bay Estates, located at Orient. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall The following was introduced by Mr. Latham, seconded by Mr. Wall and carried: Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Phebe Bridge Estates is a two lot subdivision located at Southold. The pro3ect has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significatn adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted .time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. It has reviewed the project and recommends that, prior to approval, the availability of public water and a lo- cation of the septic system for the existing house be verified. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 pg. 10 1/18/82 On motion made by Mr. Wall, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board recommend denial on the application of Joseph J. Lizewski for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property located at Cutchogue, based on the following reasons: 1. Constitutes strip zoning 2. Insufficient evidence in the correspondence to justify change of zone 3. Is not in conformity with zoning ordinance Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to approve the parking plan of Frank and Robert Klos, located at Peconic, subject to the following conditions: 1. Property should be fenced off for parking control 2. Limit parking in the front of the building to the used cars sales 3. The rear of the property to be used for the wrecking business 4. Wrecked cars to be no closer than 40 feet from the state road 5. Traffic flow to conform with sketch plan Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall The board discussed a potentially dangerous situation on the premises located at the southwest corner of the intersection of Pequash Avenue and Route 25. The secretary was instructed to inform the Building Department of this fire hazard and to take any action they deem-neces- sary to correct the situation. ~ The board discussed a letter from William Price, Esq., dated December 11, 1981 regarding the recommendations for the existing right of way to the property of Armand Bartos, located at East Marion. It was the concensus of the board to request that a diligent effort be made to expand the existing right of way, from the property owner(s), thus complying with the recommendations stated in road report #206. pg. 11 1/18/82 Long Island Nurseries - It was the concensus of the board to pro- ceed with a major subdivision on the property entitled Long Island Nurseries, located at Mattituck. The secretary was instructed to send an application and necessary forms to the applicant. On motion made by Mr. Latham, seconded by Mr. Wall, it was RESOLVED that the Southold Town Planning Board approve the sketch map of Frank Murphy Garden Center, located at Mattituck, dated October 29, 1981 and amended November 30, 1981. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by MR. Orlowski, seconded by Mr. Latham, 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 of property entitled Frank Murphy Garden Center, located at Mattituck. An initial determination of non- significance has been made. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board grant a set-off (106-13) on the property of Patricia Phillips Marco, located at Peconic, subject to receipt of amended maps and $50.00 filing fee. Vote of the Board: Ayes: Raynor., Latham, Mullen, Orlowski, Wall The board reviewed the revised maps of the East End Lots at Fishers Island. At the present time, the board is not in receipt of the covenants on green-belting or official approval of the maps. The board favored the revision. Highland Estates - The board discussed the repeated reports of defi- ciencies in the road construction of Highland Estates, located at Cutchogue. The secretary was instructed to send the following resolu- tion, along with John Davis' field reports to the Town Board and re- quest any comments they might have within a ten day period. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that no building permits be issued to lots located within the subdivision known as Highland Estates, located at Cutchogue, as the road construction does not meet Planning Board specifications. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall pg. 12 1/18/82 Hillcrest Estates - The board discussed the letter from Mr. Roderick Van Tuyl, dated December 7, 1981, regarding this property. It was the concensus of the board to remain in agreement with Lawrence Tuthill's recommendations dated October 17, 1981. On motion made by Mr. Mullen, seconded by Mr. Wall, it was RESOLVED to set 8:00 p.m., Monday, February 8, 1982 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hear- ing on the question of the approval of the minor subdivision of John Simicich, located at Mattituck. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Mullen, seconded by Mr. Wall, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision entitled Charles E. Ward & Beatrice T. Ward, dated Decermber 11, 1981 and amended January 5, 1982. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board deny the site plan of Joseph S. Czartosieski, located at Peconic, on the basis that the plan does not comply with site plan requirements and the requested scaled parking plan has not been submitted by the applicant. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that a filing fee of $50.00 be submitted for a set-off (106-13) as has been practiced in the past by the Southold Town Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to submit to the $outhold Town Board the following proposed changes in the code of the Town of Southold: 100-136 - CLUSTER DEVELOPMENT - (Presently reads) The Planning Board may approve cluster developments for one-family detached dwellings in an A Residential and Agricultural District according to the procedure and requirements specified below. The purpose of such development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and economical provision of streets and util- ities, and to preserve the natural and scenic qualities of open space. pg. 13 1/18/82 100-136 - CLUSTER DEVELOPMENT - (proposed changes) The Planning Board may impose cluster developments for one-family dwellings in an A Res- idential and Agricultural District according to the procedure and re- quirements specified below. The purpose of such development of land in such a way as to promote the most appropriate use of land to facil- itate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open space. (The word "approve" is changed to "impose", the word "detached" is omitted) 100-136 Section D - The end of the first sentence, editors note ~21 - an addendum or amendment that shoul'd read: (except section 100-30A-1). 100-136 Section E - Proposed addition: Quote tax 100-136 Section E ~5 - Proposed addition: Open space portion to each lot in the subdivision. Proposed changes: Common wall flexibility and similar arrangement of lot line flexibility. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall The board discussed the fee for filing a minor subdivision. At present, the fee is $25.00 per lot. It was the concensus of the board to ask the Town Board to consider increasing this amount. Being no further business to come before the board, Mr. Mullen made a motion, seconded by Mr. Latham, and carried to adjourn. Meeting ad- journed at 10:00 p.m. Respectfully submitted, Susan E. Long, Secretary Henry E. ~ynor, Jr., ~airman Southold Town Planning Board