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HomeMy WebLinkAboutPB-07/19/1982HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. D Southold, N.Y. 11971 TELEPHONE 765-1938 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Monday, July 19, 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. Mutlen, Jr. Member Bennett Orlowski, Jr. Building Administrator Victor Lassard On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board accept John Davis' ~eport ~228, thus approving the temporary access road Lg lot ~10 within the subdivision known as Sea-Aire Estates, located at Mattituck, and said access to be maintained at or above its present state. 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 recommend compliance with John Davis' report ~230 for approval of the access road to lot number one, within the subdivision known as David L. Gillispie~ lo- cated at East Marion, and such recommendation be forwarded to the Building Department for their referral to the Builder. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (2) 7/19/82 On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED to set 7:30 p.m., August 2, 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 and Edwina Hataier, located at Orient. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to set 7:45 p..m., August 2~ 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 James Manos, located at Mattituck. 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.~ August 30~ 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 New York Telephone Co., located at Greenport. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to set 7:45 p.m.s. August 30~ 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 Vincent Annabel, located at Cutchogue. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (3) 7/19/82 On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to set 8:00 p.m.~ August 30~ 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 Annette Zabohonski, located at Fishers Island. 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., Monday, August 2~ 1982 for the next meeting of the Southold Town Planning Board. 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.~ Monday, August 30, 1982..for a regular meeting of the Southold Town Plannin~ Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski The Board discussed the annual meeting of the Town to be held on Fishers Island, August 18, 1982 and instructed the secretary to con- tact Jim Wall for further information regarding the agenda of this meeting. Sebastian's Cove - Mr. Richard Lark, Esq. met with the board to dis- cuss this proposal. Mr. Raynor noted the recharge area was not in- dicated on the map and stated Raymond Dean~ Superintendent of Highways had no objection to the offset of the road within 50 feet. Mr. Raynor advised Mr. Lark of the following: 1.) The offset to be witnin the 50 foot right-of-way. 2.) Recharge of some description is necessary. pg. (4) 7/19/82 3.) A planting schedule be obtained from Soil and Water Conservation for the east side of the right-of-way, due to the severe stripping in this area. Mr. Raynor asked Mr. Lark to supply the board with information stating the roads would not be dedicated to the town at any future date and revisions on the map should indicate this proposal as Section II. Moebius Associates - The board permitted Mr. Lark, Esq. to discuss breifly the status of this subdivision. Mr. Raynor advised Mr. Lark that the board did not approve the layout of this subdivision, in particular the flag lot configuration. Mr. Lark stated such redesign would cause encroaching on cesspools and sewerage. The board stated they would rather the applicant's make two lots instead of the three proposed for this area. Mr. Lark stated he would like the board to send him a letter stating such. Maps will be redesigned for submittal at a future meeting. Charles M. & Kathyrn B. Nelson - Mr. Rudolph Bruer, Esq. discussed this proposal with the board, stating the subdivision proposed is consistant with the area. He stated the parcels merged when placed in a family trust, something that was a mistake and should never have been done. The board stated they would field inspect this property prior to the next meeting. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled PUDGE CORP., located at Southold, was submitted to the Planning Board on March 22, 1982 and, an application fee of $100 was paid on MarCh 25, 1982, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on June 28, 1982 at 7:30 p.m., and WHEREAS, the requirements o~ 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 PUDGE CORP. for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C., dated March 8, 1982, be approved and the Chairman be authorized to endorse approval on said subdivision plat subject to the following conditions: pg. (5) 7/19/82 No lot shall be resubdivided nor shall application be made to the Planning Board or the Town of Southold for resubdivision of any lot. This provision shall run in perpetuity. Ail driveways on Middle Road shall make an aRgle of at least 70© and preferably 90© with the county road if the driveway is to serve as both entrance and exit. No driveway or entrance road on Middle Road and Horton's Lane shall be located within fifty feet of the ends of the property line at the intersection having the course of 79© 37' E. and a distance of 34.78 feet. Each lot having frontage on Middle Road shall have a turnaround provision, such as a T-shaped shunt, so that a vehicle leaving a lot will not have to back out into the traffic stream on the road. Ail stormwater runoff resulting from the development and improvement of this subdivison or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of Middle Road. Since the commercial development of this parcel can have an adverse impact upon the county road a coordinate access and parking plan shall be developed for this site. This plan shall be binding upon future lot owners to insure proper access to each lot and between lots so that vehicles will not have to reenter the county road to go from one lot to the other. In lieu of the parking plan an easement shall be required so that when the parking areas are de- signed in the future each lot will be interconnected. 7. 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 of this subdivision. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled ~anley & Louise Gould located at Cutchogue was submitted to the Planning Board on March 17, 1982 and, an application fee of $75 was paid on May 24, 1982, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on June 28, 1982 at 7:45 p.m., and pg. (6) 7/19/82 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 Stanley & Louise Gould for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated May 19, 1982, be approved and the chairman be authorized to endorse approval on said subdivision plat subject to rese~pt of three copies of the final map. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Herodotus Damianos - It was the concensus of the board to reserve decision on this subdivision as the recommendations from the Suffolk County Planning Department have not been received. On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that whereas, a formal application for the approval of. a subdivision plat entitled Sal & Benny Caio!~, Jr., located at Greenport was submitted to the Plann!ng Board on April 14, 1982 and, an application fee of $50 was paid June 8, 1982, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on June 28, 1982 at 8:15 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 Sal & Benny Caiola~ Jr., for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated June 4, 1982 , be approved and the chairman be authorized to endorse 'approva! on said subdivision plat subject to the following conditions, within six (6) months- from date of resolution: Compliance with those conditions stated~in the Suffolk County Planning Department's resolution dated July 9, 1982. Covenants and Restrictions filed with the ~ounty Clerk stating no further subdivision will be made on the over- sized parcels. pg. (7) 7/19/82 3. A structural plan for the stairway to the beach to be submitted for approval by the Planning Board. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Charles Po Z.iegler - The board made a field inspection on this property and were in agreement that the lot lines were insufficient due to the low area on lot number one. It was the concensus of the board to re- quest the attorney for the applicant to revise maps by moving the lot lines. 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 Charles P. Ziegler, located at Mattituck. An initial determination of nonsignificance has been made. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of William C. & Particia Blake, located at Peconic. An initial determination of nonsignificance has been made. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as designated on the minor subdivision map of William C. Blake, located at Peconic, dated June 4, 1982 upon completion of the State Environmental Quality Review Act. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (8) ~ ~ 7/19/82 Bay View Ventures Ltd. - Mr. David Saland, Mr. Howard Young, and the applicant met with the board to discuss this proposal. The board in- spected this property prior to the meeting and stated it was the con- census of the board that the proposed area is acceptable, however, the ingress and egress should be moved approximately 30 feet along New Suffolk Avenue as the board would like as much distance possible from the curb. The board informed the applicant that the Superinten- dent of Highways would like to speak to those involved about the utilization of blacktop and possible waiver ~n width in lieu of the oil road. The board asked tha~^~et again so that information can be sent to the Highway Committee. On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the major subdivision entitled Bay View Venturesr Ltd., dated March 5, 1982 and amended June 14, 1982, located at Mattituck. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski John Miesnerr Jr. - A field inspection was made on this property prior to the meeting. 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 in the matter of the minor subdivision of John Miesner, Jr., located at Cutchogue. An initial determination of nonsignificance has been made. 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 approve the sketch map of the minor subdivison entitled John J. Miesner, Jr., located at Cutchogue, dated March 10, 1980. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski North Fork Bank & Trust Co. - The board field inspected this site July 16, 1982. Ms. Abigail Wickham met with the board to discuss this proposal. It was the concensus of the board to deny the location of the proposed site as submitted due to potential problems with traffic flow and congestion. The board suggested three alternate locations; A and C being the most favored by the board. pg. (9) 7/19/82 (A) Southeast corner which would require a curb cut for egress only. (B) The west end as initially proposed (C) The northwest buildinq, using ingress and egress on Factory Avenue Ms. Wickham stated she would discuss the alternate locations with the applicant and discuss same with the board at a later date. Constantine Georgiopoulos - Ms. Abiqail Wickham met with the board to discuss this major subdivision. Mr. Raynor read the Conservation Advisory Council's report stating there was no problem with the property. Also discussed was the water study submitted to the board by the attorney. Ms. Wickham stated the applicant's are agreeable to giving money to the Town in lieu of Park and Playground. Mr. Raynor noted lot number eight would require a variance as it is only 100 feet wide. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the ma]or subdivision entitled Constantine P. Georgiopoulos, located at Southold, dated December 28, 1981. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Orient Point Property (Nicholas Schick)- Ms. Abigail Wickham, Esq., Mr. Buchanon and Mr. Weintraub; Architects, Mr. Bodwell; Engineer, and Nicholas Schick; owner of the property met with the board to dis- cuss the proposed change of zone and development plans for this property. Mr. Schick has filed an application with the Town Board for a change Of zone from "A Residential and Agrigultural District to "M-l" General Multiple Residence District on a 45.8 parcel located at Orient. Mr. Bodwell explained their intentions of using a reverse osmosis system currently used in New York and Flordia to remove chlorides from the water and an infiltration galary to provide fresh water. He noted drainage problems with rain water and stated they would proceed to correct this situation thus allowing the water to drain into the ground rather than evaporate. Mr. Buchanon advised the board their intentions to restore the Inn and relocate it to the north east section of the property. The Inn would consist of a conference center, lounge, restaurant, lobby, kitchen, etc.; the second and fourth floor would be removed to accomodate the lounge area. Five large buildings are pro- posed for the westerly portion of the property to give an open space effect on the property. Two houses would be erected next to the Inn itself. The board was asked to supply any restrictions they would pg. (10) ~ 7/19/82 impose on the number of units, open space and to provide input from the town's point of view so that the interested parties are able to pursue their goals. Mr. Raynor stated that the board would make an on site field inspection and should the board proceed they would get together some draft restrictions with regard to deeding this particu- lar zone application. The board asked the attorney for the applicant to supply the board with topo information for review by the board and referral to the Town Board. Settler's at Oysterponds - Mr. John J. Raynor, representing Mr. Horowitz met with the board to discuss the proposed subdivision of Settler's at Oysterponds, located at Orient. The Chairman opened the discussion with correspondence received from the Conservation Advisory Council and the New York State Soil and Water Conservation. It was noted by the Chairman that correspondence to the New York State Soil and Water conservation, dated May 7, 1982, was not answered until the morning of the meeting; this was a result of an inquiry made by the Planninq Board Secretary, July 16, 1982. The Chairman reviewed the comments from the Conservation Advisory Council, noting such recomen- dations were made prior to Mr. J. Raynor's submission of revised maps. The secretary was instructed to send Mr. J. Raynor a copy of such reports if she had not already done so. The Chairman noted a discrep- ancy in the depth of the water table; Mr. J. Raynor states on the assessment form a depth of four to seven feet, and the New York State Soil and Water Conservation has determined it to be two feet. Mr. J. Raynor stated because there are existing ponds on this parcel of prop- erty and considering where the tests were done, in reality it should be zero. He also stated objection to the Soil and Water Conservation trespassing on the property and doing studies without permission from the owners. The Chairman advised Mr. J. Raynor that never before did anyone object to such actions taken by the board,or by other agencies, and stated that it would be noted in the minutes if at any such time further studies should be necessary, Mr. J. Raynor's office would be contacted for permission to enter the property before pursuing such information. The Chairman requested Mr. J. Raynor to complete Part II and III of the Environmental Assessment Form and submit it to the board. Mr. Raynor stated that through his experience with Shelter Island and various other experiences, Part II and II should be com- pleted by the Planning Board as the information requested pertains to them. He stated this proposal has been before the board since February; all re~u~s of the board have been met and it was time for the board to give sketch approval. Because of possible water problems on this property, the Chairman stated he was not ready to give the owner a vested interest by giving such approval, nor did he want to predigious this piece of property. The Chairman polled the board for their com- ments regarding sketch approval; each board member stated they were not ready to give sketch approval on this proposal. After a brief dis- cussion with his clients, Mr. J. Raynor insisted that the board give pg. (11) ~-' 7/19/82 him a vote for the approval of the sketch map. The Chairman asked the board if they would entertain a motion for the approval of the sketch map of Settler's at Oysterponds, located at Orient; hearing no motion, the Chairman declared the motion lost. The Chairman stated the board wanted documentation with regard to the test holes as the Department of Health indicated potential problems with this development. Mr. J. Raynor advised the board that he would submit these results at preliminary approval; under Article IV A106-40 (Documents to be Submitted, Sketch Plan) such information is not re- quired of the board. The Chairman stated such information has been requested under the State Environmental Quality Review Act. At this time Mr. J. Raynor stated he was in possession of a letter, signed by the Chairman, stating "an inital determination of nonsignificance has been made". The Chairman noted a copy of the letter in the file, dated April 28, 1982, and stated such action was taken by the board prior to the recezpt of the Environmental Assessment Form which states differently. Mr. J. Raynor asked for input from each board member. Mr. Mullen stated that he would like to go on record in opposition to giving sketch plan approval as he had not had an opportunity to review correspondence from the Soil and Water Conservation due to receiving it that evening and stated the water situation is a very critical problem that needs to be looked into. Mr. Orlowski asked Mr. Raynor if he would give the board the results from the water tests done on this property. Mr. J. Raynor said the reports would be discussed with his clients. Mr. Orlowski said such information would be very helpful for the board in making a deter- mination. Mr. Latham s~ated his concern with the development of this property and what impact the cesspools would have on Hallock Bay and the shell- fish. He advised Mr. J. Raynor that he would not act on such a pro- posal until all reports were studied. Mr. J. Raynor asked that this matter be placed on the August 2, 1982 agenda and because his attendance is required at the meetings on Shelter Island the last Monday of each month, he asked the board to consider this when scheduling this proposal in the future. The Chairman recessed the meeting for five minutes. Ruth Oliva and Mrs. Burke addressed the board for input on the board's statement to the Town Board not to impose a moratorium on major sub- divisions. The board stated they would not predigious applications to subdivide and stated the base information on the Master Plan Update would be completed in six to eight months. It was stated by the board that although Major Subdivisions are approved, it does not necessarily pg. (12) 7/19/82 mean 100% development on the proper~y. The secretary was instructed to supply Ms. Oliva with a copy of the proposed Master Plan Update. On motion made by Mr. Latham, seconded by Mr. Multen, it was RESOLVED that the Southold Town Planning Board declare itself lead aqency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Georgs Boehle~ located at Mattituck. An initial determination of nonsignificance has been made. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve a set-off 106-13 as designated on the map of George Boehle., located at Mattituck, dated June 14, 1982 subject to completion of the State Environmental Quality Review Act, and receipt of the filing fee in the amount of $50. 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 in the matter of the minor subdivision of Theodore P. Swick, located at East Marion. An initial determination of nonsignificance has been made. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve a set-off 106-13 as designated on the map of Theodore P. Swick~ located at East Marion, dated November 24, 1970 and amended May 20, 1982, with a condition that the right-of-way be expanded to a width of 25 feet on lots one and two. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (13) ~ 7/19/82 Edward N. Cartnick , It was the concensus of the board to field inspect this property prior to the next Planning Board meeting. action was taken on this proposed minor Subdivision. No Frederick E. Bossert - It was the concensus of the board to field inspect this property prior to the next Planning Board meeting. No action was taken on this proposal. Country Club Estates - It was the concensus of the board to field inspect this property prior to the next Planning Board meeting and review the covenants and restrictions contained in the file of the major proposal under the same name. No action was taken on this pro- posal. Nalbantian Bros. - It was the concensus of the board to field in- spect this property prior to the next Planning Board meeting. No action was taken on this proposed major subdivision. Zoning Code Amendments - The board reviewed and discussed the pro- posed amendments to the Zoning Code, as stated in the Town Attorney's letter of June 23, 1982. It was the concensus of the board to re- quest that the word "detached" be deleted from the sentence as written; this refers to page 5, XXIV amendment to the first sentence of the first unnumbered paragraph of Section 100-136 (Cluster Devel- opment). On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board approve the access to lot number four located within the subdivision known as Baxter P. roperties~ Inc. situated at Mattituck, based on John Davis' report ~231 and said access to be maintained at or above its~present state. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski pg. (14) 7/19/82 Being no further business to come before the board, Mr. Mullen made a motion to adjourn, seconded by Mr. Orlowski, and carried. Meeting adjourned at 10:20 p.m. Respectfully submitted, ~ Lc~ng~~S rotary Southold Town Planning Board enry E. 'J~nor, Chair~n ~ RECEIVED AND FILED BY THE SOUTHOLD TOVCN CLERK