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HomeMy WebLinkAboutPB-02/08/1982D HENRY E RAYNOR, Jr., Chairman ~AME8 WALL BENNETT ORLOWSKI, GEOROE 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. Monday, February 8, 1982 at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Member G. Ritchie Latham, Jr. Member William F. Mullen, Jr. Member Bennett Orlowski, Jr. 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of Jon C. Kerbs/William Lakowitz. Mr. Raynor read legal notice of hearing-and presented proof of publication in the Suffolk Weekly Times. Mr. Raynor: In review of this file, correspondence from Suffolk County Department of Health Services: We are in receipt of you letter dated January 5th. An application for the above referenced subdivision has been processed through this Department's Board of Review. Based upon the water supply and sewage disposal information obtained from existing houses in the area and the fact that the four houses already exists, this Department has no objection to the proposed subdivision plan. If you have any further questions, please do not hesitate to contact this office. Royal R. Reynolds. Notice of hearing, legal description, copy of the deed, correspondence to the applicant from this board, correspondence from this board to the New York State De- partment of Environmental Control under the State Environmental Quality Review Act, short environmental assessment form filled out by the applicant, correspondence from Suffolk County Department of Planning: Suffolk County Planning Commission is considered the matter to be for local determination. Correspondence to the applicant regarding the SEQURA, application, receipt from the applicant for the amount of $100.00 for the filing fee with the Town, correspondence from this board to the various commissions and the Suffolk County Planning Com- mission, correspondence brought over from the Southold Town Zoning Board of Appeals approving a variance for the reduction in area. Prior correspondence going back with regard to this application. As is the procedure with these hearings, I will ask if there is anyone present this evening who would like to speak in opposition of this proposed minor subdivision of Jon Kerbs and William Lakowitz? pg. 2 ~ 2/8/82 Mr. Jezek: Yes, I want to Mr. Raynor: Yes sir, you name sir? Mr. Jezek: Jezek, well I am opposed to it because I will be sur- rounded by all, uh, substandard lots. Mr. Raynor: Your property is adjacent to this? Mr. Jezek: Yes Mr. Raynor: Are you to the south? Mr. Jezek: Uh-hum Mr. Raynor: What is the size of your property to the south of this Mr. Jezek? Mr. Jezek: One half an acre. Mr. Raynor: Alright, is there anything else Mr. Jezek: And the ones to the other side are all . on the south side of me, are all one eighth of an acre. Mr. Raynor: To the south side of you? Mr. Jezek: Yeah. Mr. Raynor: Alright sir, the board will take' note of that. Is there anything else you would like to add? Mr. Jezek: Well, let's see. Yeah, what guarantee on what Mr. Kerbs originally proposed this. . he wants to move this old building on to the new lot. What guarantee do we have that he can move that building? Mr. Raynor: That he can move it? Mr. Jezek: Yeah, that it's posSible to move that building? Mr. Raynor: Well that would be something for this . Mr. Jezek: Then you're just giving him an extra lot. Mr. Raynor: That would be something for this board to review as possibly a condition for approval of the subdivision. Mr. Jezek: Another thing is, I couldn't Mr. Kerbs says that he can get four lots of 18,500 square feet into that area. Now, I've tried to figure that out and I can't get 18,000 for lots of that size into the present property. Mr. Raynor: Well, the board Mr. Jezek: Have you tried to figure it out? Have you done the mathematics on it? pg. 3 - 2/8/82 Mr. Raynor: The board is in possession of a certified surveyors copy of the map and they do all conform to a minumum area. I be- lieve the smallest lot area is 18,347 feet. That is the certified copy. So it does comply with the . Mr. Jezek: Yeah, but that wasn't the original one that he proposed. Mr. Raynor: Well, this is what we have here. This is his proposal. Mr. Jezek: Oh. Well that wasn't the one that I received in the mail. Mr. Raynor: The applicant has been before the Board of Appeals for an area variance, as we've mentioned before. Is there anything else that you would like to bring up? Mr. Jezek: No that's all I can think of. Mr. Raynor: Is there anyone else present this evening who would like to speak in opposition to this proposed minor? (negative) Is there anyone present this evening who would like to speak in favor of this proposed minor sub? (negative) Is there anyone present that has any information that may be neither pro nor con, but should come before the board at this time? (negative) Hearing none Mr. Kerbs: I'd just like to make a statement just to show where this man is coming from. He is a next door neighbor to this property and Bill and I went over to see him one day to try to explain to him that what we would be doing would be improving the property; that's what we intended to do and it would be to his advantage. If there was some- thing that was a problem, we would like to work it ou~ and he really never came up with much and he finally admitted to us that the reason he was against it . the real reason he was against it was because he was mad at the man that owned the property that we just bought it from and uh, figured that since he had never taken care of the property and let it go to such bad shape, he shouldn't make any money on it. So it's just a matter of what he told us was his real reason for this whole thing. . was not anything that he just said. It's just . . he didn't want this neighbor of his to make any money. If that sheds any light on it. Mr. Raynor: O.K., is there anyone else this evening who has anything that should come before this board? Mr. Jezek: Well, could I say something? At the time he didn't own . Mr. Kerbs didn't own the property. He was still up to buy it. He didn't tell me he owned the property. Mr. Primivera still owned it and Mr. Primivera hasn't done a lick of work on that property. So now all you are doing is giving them an extra lot. Mr. Raynor: No, the lots have'been established by the Zoning Board of Appeals. This board has no right to establish undersize lots. That was done by a public hearing by the Board of Appeals at their meeting. Alright, any other comment concerning this? (negative) Mr. Mullen? (negative) Mr. Latham, do you have any questions? (negative) Mr. Orlowski? (negative) pg. 4 -- 2/8/82 Mr. Kerbs: Mr. Raynor: lng out. Are w~ gQi.ng ~o .get a chance to say any.thing more? If you would like to or we are going to close this hear- Mr. Kerbs: Just in relation to what Mr. Jezek is saying about the size of the lots. just so you get some kind of idea, I am not sure it's a map of that area down there and it shows the adjoining lots one, two, three, four . Mr. Raynor: Yeah, that's left over from the border. Mr. Kerbs: To just make a point then. One, two, three, four is the lots we want to make. This is Mr. Jezek's lot which is a little bit bigger than that, but ours is a little wider and all the other houses are considerably smaller, and some are even smaller that 6,000 square feet, so just to give you an idea that we feel it is in character with the neighborhood. Mr. Raynor: It would have to be in character or else the ZBA wouldn't have granted the area variance. Mr. Kerbs: Right, if there is a problem with moving that house, we may be wrong on the standpoint of this, but if we can't move that house for some reason and it has to stay there I would just like the board to and correct me if I am wrong, but I would just like to make everybody aware of this, if this isn't divided and that house isn't moved than that house, the people that went out and looked at it you see this is kind of an odd situation where that little house is it would be better moved. It would be better out of the way, better put in a position where one person would own it, live in it, and take care of it. If it is where it is now, we own the property now and if we had to ke~p: it there, we would be f~d to keep it as a rental unit. This financially, that's the only way to do it. Leave it where it is and keep it as a rental unit. We've got it and we certainly wouldn't tear it down. I think in the long run, it would certainly be better for us to do this. I think it would be better for the town, Mr. Jezek, and everybody else. If we could have the other lot and move the house and rebuild it and if we can do all this we will be able to afford to rebuild it and do a nice job on it. You know make four lots and worth- while improvements or the four separate things and not get the money out of it and just not be able to put the money into it. If you can not put the money into it, it's not going to be very much help. Another point we would like to make is . I spoke to Henry about it. It's been quite a long time, I think there have been some problems in the beginning with it, uh, the procedure with the Board of Appeals and the Planning Board. It's been since July since that we made an application. If we could get a decision on it, we would really appreciate it. The Board has talked it over at seven meetings and I feel if we could get a decision it would certainly be helpful. We would like to get work- ing, we've got nothing else to do. We would like to get going, we can't do without a decision, there are different ways to do it. . you see from there either we do a nice job or go in there and patch them up and let them go. pg. 5 2/8/82 Mr. Mutlen: I do not believe there have been several meetings on this . 'on this situation. Maybe you're talking between the Zoning Board and us. Mr. Kerbs: No, as a matter of fact, I got a list of them right here and I've got the papers. If you would . if you would like me to show them to you . because I made ali . I sat down today and I said to myself, gee, it's been a long time, I'd like to make a point that it's been a long time. So what I did is made a list of them. I've got the correspondence from the meetings. If you would like to see it, I do have it. It has been several meetings that this proposal has been before you, plus the time that the field inspection was made, so if you would like to see it, I have it. Mr. Raynor: Do you have any other comments? Mr. Kerbs: No, I don't. Mr. Raynor: O.K., does the board members have any other comments? Mr. Mullen: Another words, what I understand you to say: if this structure on lot number two, that rear structure, if you're unable to move it because of the physical condition, you will refurbish it and use it as a rental property? Mr. Kerbs: I believe we can do that, I believe that's legal. If it's not, tell me, that's what we plan on doing. Yes, we feel it's better if we have a rental. We've gotta use it, we jus% can't tear it down. It would be about $10,000 probably out of our pocket just to tear that thing down. So if we can't, if we can't make use of that other lot, we would just keep it right there. Mr. Orlowski: Do you feel you could move the house though? Mr. Kerbs: I am not sure. You know it is going to be venturous. I think we can, but, I don't see that as a point, as I say, if we can't, we will leave it there so to the standpoint of the Board of Appeals, I feel the right thing to do is to have everybody, is to say, you know there's ~Lr lot, you got four houses, you've got four lots. That's what the Board of Appeals felt, the health department felt. four houses, four lots, and we will make the best of the situation we can of it. I've done other things similar to this before and I do a good job, if I can afford to. Mr. Latham: Will you move it yourself or have a house mover? Mr. Kerbs: We'll have a house mover. It might have to be taken down in parts and moved or something like that, but the point is we would like to get that fourth lot and I think that we should because the four houses there and the alternative is is to have that house. It's not even sitting on the lot properly, so. . as I say, the alternative is to use it that way. It certainly is not going to be an advantage to anybody. Mr. Raynor: Any questions? (negative) Comments? (negative) Hearing none, then this hearing be closed. pg. 6 2/8/82 7:45 p.m. Public Hearing on the question of the approval of the minor subdivision of Little Bay Estates. Mr. Raynor read legal notice of hearing and presented proof of publication in the Suffolk Weekly Times; Mr. Raynor: In review of the file, correspondence from Suffolk County Department of Planning: The Suffolk County Planning Commission at its regular meeting on January 6, 1982 reviewd the subdivision plat entitled minor subdivision, Little Bay Estates, referred to it pursuant to Sec- tion 1333 of the Suffolk County Charter. After due study and delibera- tion it resolved to approve said map subject to the following seven conditions deemed necessary to preserve the traffic safety and carrying capacity of Main Road, to alert prospective owners of lots within the subdivision that they are in close proximity to Charles Rose Airport and may be subjected to noise resulting from airport activities and aircraft; and to help avoid pressures from these future residents to close the airport or to curtail its activities because of noise re- sulting from the use of the facility: 1. No lot line should be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Ail stormwater runoff resulting from the development and im- provement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow ou into the right of way of Main Road. 3. No sanitary disposal facility shall be installed or con- structed within 100 feet of the irrigation pond. 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 recording in the office of the County Clerk of covenants and restrictions advising all prospective purchasers that this subdiviion is located within one mile of Charles Rose Air- port and may be subJ.Acted to noise form the operation of that facility and noise from aircraft flying overhead or nearby. Ail residential structures that are erected within this subdivision shall be constructed using materials and tech- niques that will reduce interior noise levels in accordance with the recommendation of the Department of Housing and Urban Development or other authority that has promulgated standards for reduction of noise levels. The above conditions shall be filed as covenants and re- strictions in the office of the ~ounty Clerk on or prior to the granting of approval to this subdivision. Charles G. Lind, Chief Subdivision Review Section pg. 7 2/8/82 Mr. Raynor con't - Correspondence to applicant's attorney regarding hearing, notice of legal hearing, application, correspondence of sub- division grading, declaration of cOvenants and restrictions, corres- pondence from this board with regard to covenants and restrictions, correspondence from the town attorney approving same . sorry asking for approval of the same, receipt of the applicant's fee in the amount of $100.00, correspondence from Suffolk County Department of Health Services: Prior to approval of sanitary facilities, we would normally request a satisfactory test well and test hole. If you have any questions please contact me. Royal R. Reynolds, correspondence of transmittal to the county, correspondence with regard to ro&d and drainage, correspondence from this board to the State DEC with regard to State Environmental Quality Review Act. That pretty much looks like the end of the file. As is the procedure at this hearing, we will ask if there ia anyone present this evening who would like to speak in opposition to this proposed minor subdivision? (negative) hearing none, is there anyone present this evening who would like to speak in favor of this proposed subdivision? Mr. Cron: Yes, if it pleases the board, I am here on behalf of Mr. and Mrs. Brawner, applicants of Little Bay Estates. This subdivision, minor as it is, classification has been before the board on numerous occasions and over quite an extended period of time. I would hope the subdivision meets now all of the requirements of this board and I think it does and I am certainly a little amazed at the recommendations of the Suffolk County Planning Commission and I think they are endeavoring to get into areas over which they basicly have no jurisdiction or authority. I would think if we are concerned about noise levels within the town of Southold and so forth, it would be something that would be adopted by local ordinance rather than through the Suffolk County Planning Com- missioner. Uh, the type of covenants that they seem to be recommending to this board and maybe to others are those that could drastically effect marketability of properties and I don't think it is an area they ought to be attempting to . to have you place restrictions on. Mr. Raynor: Do you have reference to specific recommendations? Mr. Cron: Yes, I have five and six basically, which is beyond their jurisdiction. It isn't only airports that make noise either. I could name you a number of situations where you would be obligated, if you follow this line of reasoning, to advise people who are going to pur- chase lots. You hav~ farmland in this town where you have spraying necessarily of crops. That emits a noise level through low flying helicopters, if you want to get . Mr. Raynor: Did you get that Benny? Mr. Orlowski: I am listening. Mr. Cron: No, I am just saying, I am pointing out to you that this is an area that I don't think they have any jurisdiction over and they ought not to restrict properties with covenants and restrictions of that nature. Number one. . secondly, I don't believe there is any proof that there is any noise level emitted from that airport that pg. 8 <-~ 2/8/82 Mr. Cron con't - would effect anybody in this minor subdivision to begin with. As far as the construction of a home, I think that ought to rest with those that are building it. Not by some edict of the Suffolk County Planning Commission. So what I am saying basically is, I have no objection to their, , to the first four recommendations or comments that they are making, but I do object to five and six and I would ask that this board would override those. Mr. Raynor: Alright, Sue has been very busy collecting me notes. Any thing else you like? Mr. Cron: No except that I would hope that we could-expeditiously approve this map and get it signed since Mr. and Mrs~ Brawner have relatives that are most interested in resettling in this area after retiring. Mr. Raynor: O.K. thank you. Is there anyone else this evening who would like to speak in favor of this proposed minor subdivision? Mr. Burden: As the executor of the estate of Walter H. Burden Sr. and being the next door neighbor, I hope this board will look favor- ably upon it and approve it in most haste. Mr. Raynor: Do you know this guy behind you? Mr. Cron: That's very nice. Mr. Burden: Thank you. Mr. Raynor: Is there anybody else this evening who would like to speak in favor of this proposed minor? (negative) hearing none, any board members have any questions . excuse me, anybody that has something that may be neither pro nor con with regard to this subdivision? (negative) hearing none, have you guys had a chance to collect you thoughts? (negative) O.K. there be no further discussion on the hearing, we will deem it closed and thank you for coming down. 8:00 p.m. Public Hearing on the question of the approval of the minor subdivision of John Simicich. Mr. Raynor read the legal notice of hearing, noting the correction of the "Was" parcel and presented proof of publication in the Suffolk Weekly Times. Mr. Raynor: In review of the file we have from the applicant's attorney a short environmental assessment form, receipt, correspon- dence from Suffolk County Department of Health Services: Water supply and sewage disposal conditions appear adequate. If you should have any questions regarding this matter ~_ea~ feel free to contact me. Royal R. Reynolds., corrspondence from Suffolk County Dapartment of Planning: Thw Suffolk County Planning Commission at its regular meeting on January 6, 1982, reviewed the proposed subdivision map entitled minor subdivision - John Simicich, referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following six conditions deemed necessar~¢~ to alert prospective owners of lots within the subdivision that they are in close proximity to Mattituck Airport and may be subjected to noise resulting from airport activ- ities close and aircraft; to help avoid pressures from these future pg. 9 ,. 2/8/82 Mr. Raynor, con't - residents to close the airport or to curtail its activities because of noise resulting from the use of the facility and to help insure the preservation of Suffolk County groundwater resources: The recording in the office of the County Clerk of covenants and restrictions advising all prospective purchasers that this subdivision is located within one mile of Mattituck Airport and may be subjected to noise from the operation of that facility and noise from aircraft flying overhead or nearby. Ail residential structures that are erected within this subdivision shall be constructed using material and tech- niques that will reduce interior noise levels in accordance with the recommendations of the Department of Housing and Urban Development or any other authority that has promul- gated adequate standards for reduction of noise levels. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 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 restric- tions in the office of the County Clerk on or prior to the granting of approval to this subdivision. The 12½ foot wide strip reserved for possible future con- struction of a town road should be extended across the tract's entire frontage on Camp Mineola Road to insure that the property is available for highway use when the need arises. Signed by Charles G. Lind, Chief Planner Subdivision Review Section. Going through the file, Schedule A with regard to me~es and bounds description, correspondence from the applicant's attorney to this board, copies of legal notice, correspondence from this board to applicant's attorney, copies of classification, resolution for approval of sketch plan, correspondence from this board to New York State DEC with regard to SEQURA applicantions, maps, correspondence back and forth to the attorney from this board, photostatic receipt from the town clerk in the amount of $50 for filing fee, various correspondence from the applicant's attorney, statement from the applicant's attorney with regard to grading construction and drainage and the application for the approval of plat. That pretty much completes the file. As is the policy of this board, we will ask if there is anyone present this evening who would like to speak in opposition to this proposed minor subdivision of John Simicich? (negative) Hearing none, is there any- one present this evening who would like to speak in favor of this pro- posed minor subdivision? pg. 10 -~ 2/8/82 Mr. Cuddy: I would like to just briefly like to say to you, I am Charles Cuddy on behalf of Mr. and Mrs. Simicich. We have been here several times and we have offered I think in accordance with the two things, first we offered to dedicate the 12½ foot referred to in the Suffolk County Planning Boards recommendations and secondly we've included an additional lot since there would be no problem as to, to the subdivision of that lot. Uhm, I would ask on that basis that we went along with what the board had requested and would approve this application. I would just like to comment, I was standing outside and I think I heard Mr. Cron say, ....'~ . some things that I would like to echo and I think that the . I would ask this board to exercise its decretion in connection with the covenants that are imposed. I live virtually across the street from that airport~. I believe that Mr. Raynor lives relatively close or within a mile Mr. Raynor: Within a mile anyhow Mr. Cuddy: I would say that probably 30 or 40 percent of Mattituck lives with . very close to that airport, .I think that the Suffolk County Planning people factually may be out of line be- cause I don't think they understand that that airport is very limited as this airport. Somebody reading those covenants could in fact, be scared off unfortunately, as I say, I live . I live probably in the direct line of flight. I don't think Mr. Simicich really would find it terribly burdensome if that covenant were put on~. I think it's wrong though, because I don't think there's any real basis to have it put on and I would ask the board to exercise its decretion by not having them put on. Mr. Raynor: What specific recommendations do you object to council? Mr. Cuddy: I think the first . . I think the first two, I didn't have a copy of it. It had to do, ..... with. . first one mile within the airport. Mr. Raynor: May be subjected to noise in the operation of the facility? Mr. Cuddy: That's right and the possibility of that is just remote and it's practically a scare tactic on their part. I don't know why they would do that without knowing what factually goes on there. I happen to, as I say . . only because of the circumstance that I live there. . . and I would ask the board to . I think that they go way outside of anything that they need to sometimes, and in this case, I would just respectfully request that you just delete those two and I would ask that you approve it otherwise. Mr. Raynor: Your objection is noted. Is there anyone else this evening who would like to speak in favor of this proposed minor sub- division? (negative) Is there anyone present this evening who has some information for this board that may be neither pro nor con, but should come-before this board before making a determination? (negative) Hearing none, Mr. Mullen, do you have any questions: (negative) Mr. Latham? (negative) Mr. Orlowski? (negative) Being no further questions, we will deem this hearing closed and thank you for coming down this evenmng. pg. 11 2/8/82 Grandv~ew Estates - Mr. Harold Reese submitted the final maps of this subdivision for the board to review. Mr. Raynor informed Mr. Reese that Mr. Villa indicated that there might be a potential water problems within this subdivision. Mr. Reese stated that Mr. Royal R. Reynolds stated that everything seemed to be alright and he would send a letter stating such. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to set 8:00 p.m. March 22, 1982, at the Town Hall, Main Road, Southold, New York as the time and place for a public hearing on the question of approval of the final map of the subdivision of Grandview Estates, located at Orient. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Patricia Pierce~ FIDCO - Mr. Richard Lark on behalf of his client to split a building for two separate ownerships. An application was also submitted to the Board of Appeals for a variance. Mr. Raynor noted the property to be zoned multiple residence. Mr. Lark presented p~ct~res to the board of the house in question.. He informed the board that the ZBA had granted approval on an identical one in the past. 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 Fishers Island Development Corporation, to be con- veyed to Patricia Pierce, subject to the following condition: 1. Receipt of the final maps within six (6) months from date of resolution Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Woodhollow Properties, Inc. - The board reviewed the maps of this property and will make a field inspection and report their findings at the March 8, 1982 meeting. On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision entitled Woodhotlow ProDerties, Inc., dated November 5, 1981 and amended November 16, 1981 and December 29, 1981, located at Orient. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. 12 2/8/82 Edward Speeches - Mr. Rudolph Bruer, Esq. met with the board to dis- cuss the status of this subdivision. The board questions a considerable amount of marsh land on this property and will field inspect this prop- erty again to be more specific with its location. The board suggested that the out parcel be designated as being of separate title. It was also requested that the park and playground area should reflect 5%. The board advised Mr. Bruer they would require a set of road profiles. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that whereas a formal application for the approval of a sub- division plat entitled Minor Subdivision of Jon C. Kerbs/William Lakowitz was submitted to the Planning Board on September 11, 1981, and an application fee of $100.00 was paid on January 4, 1982, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on February 8, 1982 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of.the Town of Southold have been met by said subdivisIon plat and application, NOW, therefore, be it RESOLVED that the application of Jon C. Kerbs/ William Lakowitz for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated September 11, 1981 be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the applicant meeting the following conditions within six (6) months of the date of resolution: 1. movement or demolition of the existing dwelling on lot number two 2. no more than four (4) dwellings to be permitted within this subdivision 3. receipt of filed covenants and restrictions Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Little Bay Estates (formerly David Brawner) was submitted to the Planning Board on June 17, 1981, and an application fee of $100.00 was paid on October 13, 1981, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southotd, New York, on February 8, 1982 at 7:45 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, pg. 13 ~J 2/8/82 NOW, therefore , be it RESOLVED that the application of Little Bay Estates for approval of said subdivision plat prepared by Young & Young, dated January 8, 1981, amended April 10, 1981, June 3, 1981 and November 25, 1981 be approved and the chairman be authorized to endorse approval on said subdivision plat and the Southold Town Plan- ning Board override Suffolk County Planning recommendations number five (5) and number six (6). This approval is subject to the following condition: Receipt of the filed covenants and restrictions as approved by the Town Attorney, within six months of the date of resolution Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski John Simicich - It was the concensus of the Board that the attorney be requested to submit a sketch for any future plans on lot number two (2) before they make a determination on this subdivision. On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision entitled James W. Dawson, dated October 22, 1981 and amended January 25, 1982 located at Southold. 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 declare itself lead agency in regard to the State Environmental Quality Review Act for the subdivision of James W. Dawson located at Southold. An initial determination of non-significance has been made. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski The board read a letter from the Conservation Advisiory Council stating their approval on this subdivision. It was the concensus of the board that the attorney submit a map designating the location sites for the proposed dwellings on this subdivision. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to set March 8, 1982 7:30 p.m. Southold Town Hall, Main Road, Southold, New Yore as the time and place for the next meeting of the Southold Town Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to set March 22, 1982 7:30 p.m. $outhold Town Hall, Main Road, Southold, New Yore as the time and plac~ for a regular meeting of the Southold Town Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mutlen, Orlowski pg. 14 -~ 2/8/82 On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED to set 7:30 p.m., Monday, March 8, 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 subdivision of Joseph Krupski, Bucci/Colonial Corners located at Southold. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED to set 7:45 p.m., March 8, 1982, at the Town Hall, Main Road Southold, New York, as the time and place for a public hearinq on the question of the approval of the minor subdivision of John Vescur/ Pearson located at Southold. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to set 8:00 p.m., March 8, 1982 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearinq on the question of approval of the minor subdivision of Outback Restorations, Inc., located at Orient. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the minutes of the Southold Town Planning Baord meeting held on October 30, 1981 be approved as submitted. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the minutes of the Southold Town Planning Board meeting held on December 7, 1981 be approved with an amendment of Long Island Cauliflower Associations to read: RESOLVED that the Southold Town Planning Board grant a set-off (106-13) to Long Island Cauliflower Association, to be conveyed to Ed Dart and the curb cut is 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 Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. 15 ~- 2/8/82 On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the minutes of the Southold Town Planning Board meeting held on December 28, 1981 be approved Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED to set 7:30 p.m., March 22, 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 subdivision of Frank Murphy Garden Center, located at Mattituck. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED to set 7:45 p.m., March 22, 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 subdivision of Charles E. and Beatrice T. Ward located at Southold. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the chairman of the Southold Town Planning Board be authorized to endorse approval on the subdivision map entitled Marie Cassidy, located at Arshamomaque, subject to meeting the following conditions within six (6) months from date of resolution: The lot lines of Lots 1, 2, and 3 shall be moved northerly to provide the maximum lot area possible for Lot 4 to in- sure ample room for siting of house, well, and sewage dis- posal facility on the lot so that there will not be any interference with any residence, well, ir sewage disposal facility on any other property. The question of stormwater disposal within the right-of- way shall be resolved before approval of this subdivision is granted to insure that no runoff from the right-of-way will be discharged into the wetlands. No sanitary disposal facility shall be installed or con- structed within 100 feet of the upland edge of the tidal wetlands. No stormwater runoff resulting from the development of the subdivision or any of the lots shall be discharged directly into the tidal wetlands. pg. 16 2/8/82 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 the tidal wetlands. A conservation or scenic easement having a minimum width of 50 feet shall be established along the upland edge of the tidal wetlands to insure that no development adverse to the present aesthetic and environmental quality of the shoreline will take place. 7. No lot lines shall be changed in any manner at any future date unless authorized by the Southold Town Planning Board. t 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 re- strictions 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 Ms. Lydia Tortora, Mattituck Inlet Advisory Committee, discussed with the board the possibility of adding to the Zoning Ordinance another classification of zone use, such as Mattituck Inlet, to be used for marine research and related fields. The board was in agreement that such a zone would open many areas of use relative to the natural re- sources of these unique areas. Also discussed was the possibility of a Coast Guard Auxiliary and the possibility of obtaining federal funds for such a facility. On motion made by Mr. Raynor, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board request the Town Board to explore the possibility of Marine Research Zoninq for designated areas, such as Mattituck Inlet for zoning classification. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Peter Kujawski The board reviewed this proposed minor subdivison. It was the concensus of the board that the attorney for the applicant schedule an appointment to discuss access to lot ~2 with the chairman. On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the site plan of Edwards/Reiche Brothers, located at East Marion. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. 17 2/8/82 On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board approve a set-off (106-13) on the map entitled Isaac T. Edwards (Reiche Brothers) located at East Marion, subject to receipt of the $50 filing fee. 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 grant a set-off (106-13) on the property of Elizabeth F. Husband, to be conveyed to Dorothy M. Russell, as designated on the map of Thomas W. Russell, Jr. dated Deptember 22, 1981 with a stipulation that this property is not a buildable lot. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Richmond Creek Farms - The board reviewed this subdivision and in- structed the secretary to request preliminary maps and road profiles from the acting attorney. The board will review the file and deter- mine when a preliminary hearing~can be scheduled. Mooney-Getoff - The board will make a field inspection on this property and report their findings at the March 8, 1982 meeting. It was the concensus of the board that a time period of six months be placed on the approval of subdivisions for which the applicant must meet any conditions set forth by the Planning Board. If the conditions are met within this time period, the chairman will finalize such a subdivlsmon by endorsing his approval on said map. The board discussed a letter received from Jarvis Verity, Baymen's Association regarding Sal Caiola's proposal to build condominiums across from Southold Town Beach. He stated such a plan would be critical to this area's wetlands. It was the concensus of the board to send him a letter of appreciation for his input and concern for the future development of Southold Town. Mr. Raynor informed the board that Susan Long had been officially appointed Clerk-Typist for Southold Town and had been appointed to work for the Southold Town Planning Board. The board expressed their concern over the bonds for road improvements that have expired. The secretary was instructed to update the list on which all bonds have expired for the March 8, 1982 meeting. pg. 18 2/8/82 Being no further business to come before the board, Mr. Mullen made a motion, seconded by Mr. Latham and carried to adjourn. Meeting adjourned 9:30 p.m. Respectfully submitted Susan E. Long, Secretary Southold Town Planning Board Southold Town Planning Board