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HomeMy WebLinkAboutPB-08/18/1982-FII-I~NRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jn GEORGE RITCItIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 1 1971 TELEPHONE 765-1938 The Southold Town Planning Board held a meeting on the Ferry named Olinda, en route to Fishers Island, Wednesday, August 18, 1982 9:35 a.m. Present were: Chairman Henry E. Raynor, Jr. Member G. Ritchie Latham, Jr. Member William F. Mullen, Jr. Member Bennett Orlowski, Jr. Town Attorney, Robert Tasker Town Engineer, Lawrence Tuthill Town Inspector, John Davis The Chairman opened a discussion on the status of the road construction presently in progress on Long Pond Estates. Mr. Raynor stated that correspondence had been sent to the Building Department and to the applicant himself stating a stop work order is to be placed on the property and the applicant or attorney should meet with the Planning Board to discuss the deficiencies on this site. Such action was taken to avoid all the construction to be done over. Mr. Tasker stated the Planning board has no enforcement to charge someone with a violation. The only action the Planning Board can take is to disapprove the roads. Raymond, Parish, Pine & Weiner, Inc. It was noted that the Town Board approved the Supervervisor to sign the contract for the Master Plan and Zoning Update for Southold Town. Mr. Raynor informed Mr. Tasker the Board's desire to make an addendum to the contract regarding water studies to be coordinated with the update. Mr. Tasker advised the board that it isnO% a function of the Master Planner and a specialist would have to hired for this. Mr. Tasker advised the board that a consultant firm should be contacted by the board, such as H-2-M, presently with the Villaqe of Greenport. Mr. Mullen requested some emphasis to be placed on-researching marketability for research and administrative development for Southold Town, such as, an IBM Building. No objections were stated regarding the addendums to the contract. pg. (2) 8/18/82 Those present discussed the status of the bonds that have expired for the improvements on the roads within major subdivisions. Mr. Tasker informed the board that the Planning Board has the power to extend bonds or make recommendations to the Town Board for the amount of the bond and the length of time for which improvements should be completed. He stated the Town Board can declare it in default to the extent of the development of the subdivision. He stated that if imprQvements are not made and someone applies for a Building Permit, the Building Inspector can withold the permit. Mr. Tasker advised Mr. Raynor that an explanation had been sent to Councilman Nickles regarding this. Mr. Raynor asked if Mr. Tasker would forward a copy of the correspondence to the Planning Board office. Mr. Tasker suggested the Town Board, Planning Board and Zoning Board of Appeals meet to discuss the local law and possible elimination of the pro- visions set in them. Mr. Mullen reported on the Planning Board list of expired bonds. Mr. Tasker advised the board to go through each file individually as the Town Board may have waived bonds and'even though the Town is still in posession of the passbooks nothing can be done. Angel Shore Estates - Mr. Lawrence Tuthill was asked to explain to the board the inspection made on this property as neighbors reported at a previous meeting that it was done at night with a flashlight. Mr. Tuthill stated the Planning Board's request was for computation on the drainage area and as this area and surrounding areas have been done previously it was not necessary to do an on site inspection. He stated the only reason why he inspected the area was because a boat basin was shown on the map. Mr. Raynor stated the board needs a pro- fessional opinion and requested Mr. Tuthill to send a letter to the Planning Board stating what is and what is not acceptable in this area. Fairway Farms - Mr. Raynor informed Mr. Tuthill if he had any questions concerning grass seed for sandy soil he could find such information in this file. Grandview Estates - Mr. John Davis reported that he is not in posession of the construction plans for this subdivision. He stated those that were submitted were totally unacceptable. He stated he had contacted Mr. Van Tuyl's office and was advised that his office was presently working on subdivisions located at Shelter Island. Mr. Raynor asked Mr. Davis to send a letter to the Planning Board regarding the con- struction plans. Pg. (3) 8/18/S2 Being no further business to discuss at the present time, Mr. Raynor closed the meeting at 10:07 a.m. The Building Administrator, members of the Planning Board and members of the Zoning Board of Appeals met at the Fishers Island High School 1:15 p.m. to discuss improvements of subdivision right-of-ways. Mr. Goehringer suggested a covenant to be placed on the right-of-way for constant maintenance and new owners would have to comply. Mr. Raynor stated at the present time Inspector Davis submits recommendations for the improvements based on the soil content on the property, the first party is responsible for the improvements and the second and third parties are responsible thereafter. He stated improvements have to be maintained at the level of approval and improvements are to be made by the present owners. Mr. Raynor stated the Building Department should set a policy as to what conditions are acceptable for the issuance of a temporary CO, Buildinq Permit and a final CO. 1:32 p.m. Public Hearing on the question of the approval of the minor subdivision of Annette Zabohonski, located at Fishers Island. In review of the file Mr. Raynor presented proof of publication of the legal notice in the Suffolk Weekly Times and Long Island Traveler-Watchman. He noted the legal notice had been sent to the New London Day but an affidavit had not yet been recieved by the Planning Board office. Mr. Raynor: In review of the file we have a receipt from the Town Clerk's office in the amount of $75, we have a metes and bounds descrip- tion as applied, we have from the Suffolk County Department of Planning: After due study and deliberation it resolved to approve said map sub- ject to the following eight conditions deemed necessary to alert pro- spective owners of lots within the subdivision that they are located near Elizabeth Field and may be subject to noise resulting from air- port activities and aircraft movements and also to help avoid pressures from future residents of this subdivision to close the airport or to curtail its activities because of noise emanating from the facility or from aircraft using the facility and to help preserve the natural and aesthetic attributes of the shoreline of Hay Harbor: The recording in the office of the County Clerk on or prior to the approval of this subdivision of covenants and restirictions advising all prospective purchasers that this subdivision is located within one mile of Elizabeth Field and may be subjected to noise from the operation of the airport and noise from a~rcraft movements. pg. (4) 8/18/82 2. Ail residential structures that are erected within the subdivision shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recommendations of HUD or other similar standards. 3. No lot shall be subdivided or changed in any manner unless authorized by the Southold Town Planning Board. 4. Clearing and grading within each lot shall be limited to that necessarY for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as.possible. Limiting clearing and grading will minimize stormwater runoff and erosion. ¸5. No stormwater runoff resulting from the development of the subdivision or any of the lots shall be discharged dir- ectly into the adjacent body of water, Hay Harbor, or the tidal wetlands within the subdivision parcel. No residential structure shall be constructed within 100 feet of the upland edge of the tidal wetlands and the shoreline of Hay Harbor. No sanitary disposal facility shall be installed or con- constructed within 100 feet of the upland edge of the tidal wetlands and the shoreline of Hay Harbor. In addition to Condition No. 1 the above conditions shall also be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. The Commission also offers the following comment on the map for your use and consideration: It is suggested that the approval of this sub- division be made_ subject to the meeting of the requirements and stan- dards of the Suffolk County Department of Health Services, signed by Charles Lind. Correspondence from New York State DEC Regulatory Affairs Unit Stony Brook with regard to Sequra Action: Thank you for your coordination letter of July 12, 1982 concerning the above projects. We have no objection to your agency being lead agency in regards to State Environmental Quality Review Act. Please be informed that both subdivisions will require permits from this office pursuant to Tidal Wetlands Use Regulations, Part 661. Correspondence from Department of Health: This Department has no objection to your designation as lead agency. Prior to commenting on the water supply and sewerage disposal systems for the above referenced subdivision, it is necessary for test wells and test holes to be installed. In addition, it is recommended that clearance be obtained from New York State Department of Environ- mental Conservation concerning wetlands, signed by Royal Reynolds. Correspondence from my office to the Planning Commission office, corres- pondence from this office to the applicant setting a hearing today. pg. (5) 8/18/82 Correspondence on DEC matters to appropriate parties, declaration for Lead Agency, approval of sketch plan of October 14, 1981, correspondence from Chandler & Palmer, grading and road construction statement, short environmental assessment form, application for approval of plot and descriptions of parcels. As is the procedure with this board we will ask if there is anyone present at this time who would like to speak in opposition to the proposed minor subdivision of ~Annette Zabohonski? Mr. Russell: Not in opposition, but a question. My name is Russell. My only concern is I think the split is about three acres each I think. Mr. Raynor: That is correct. Mr. Russell: Which I think is fine and I gather that means one residence per lot which is fine. I am a little concerned at the lot nearest our property, not because we are going to do anything with our property, because we have a house across the way, as to how high up he can go be- cause it looks to me as though a builder, if he has to be a hundred feet nearest point of the wetland, he's got a bit of a problem getting enough land there to make a flat house and therefore he would liable. could he build a four story house if he wants to? Mr. Raynor: No. Mr. Russell: There are positive limits? Mr. Raynor: A story and a half or two stories, there is a verticle footage required. Mr. Russell interupting Mr. Raynor's answer inaudible) Mr. Lessard: 35 foot maximum height. Mr. Russell interupting Mr. Raynor: · or a variance on that. Mr. Raynor: No Mr. Doyan interupting Mr. Raynor: I can't say but it seems to me that it's more than 35 feet high. Mr. Russell: That seems to be a lot more than 35 feet high. I guess my question is can he build a house that is not in compliance with all your regular rules without a variance about which we would know? Mr. Raynor: Absolutely not to answer your first question and yes to answer your second . Mr. Russell: Mr. Raynor: Any development has to conform with the existing zoning regulations . even on Fishers Island. pg. (6) 8/18/82 Mr. Russell interrupting Mr. Raynor . Mr. Raynor: On a variance situation yes. Mr. Russell: Mr. Raynor: · property owners notified? OK Other than'- that it is public notice on the subdivision of property. Mr. Russell interrupting Mr. Raynor: Yeah, but that doesn't do much good because it goes to your paper and New London Day maybe, but it doesn't come to a contigious property owner's attention specifically. Mr. Raynor: Only on variances that would be outside the jurisdiction of the zoning regulations. Is there anyone else that would like to speak . Mr. Russell interrupting Mr. Raynor: Are you covering all the land or just this part of Zabohonski land? Mr. Raynor: This is the only thing we are dealing with. Mr. Russell: That's the only one? Mr. Raynor: Three lots, right. Mr. Doyan: This may not be too relevant. It appeared they really reached to get a little waterfront there, didn't they? It took a little iminagation. Mr. Raynor: Is there anyone else present who would like to speak in opposition to this? (Negative) Is there anyone present who would like to speak in favor of it? Mr. Wall: Jim Wall, and I would like to speak in favor of it and I would also like to ask at this point that the county recommendations, I think possibly without getting a scale out on a map, we ran into this situation about Elizabeth Airport with the Utility Company last year and I believe that it's beyond the one mile from Elizabeth Field. Mr. Raynor: Alright, we'll make a notation, if it is . Mr. Doyan interrupting Mr. Raynor: Can I ask a question in connection, could you enlighten me a little further what the requirements are for that one mile? Mr. Raynor: Yes, it is HUD's specifications on the . Mr. Doyan interupting Mr. Raynor: (inaudible) Mr. Raynor: Talk to that man, (Mr. Lessard) he's got the Federal specs. Mr. Doyan: The last time I asked George Fisher and he didn't know. pg. (7) 8/18/82 Mr. Raynor: It's the HUD configuration of sound and I don't think Elizabeth Field quite has that amount of commercial traffic that JFK does. Mr. Doyan: No, but it came up once before and I couldn't get an answer from George what it meant. Mr. Lessard: What what meant? Mr. Raynor: HUD specs on housing insulation . Mr. Doyan interupting Mr. Raynor: One mile from the airport requirements. Mr. Raynor: The federal set of specs. Mr. Lessard: I would have to look into it Serge. Mr. Raynor: Alright, is there anyone else present that has anya infor- mation concerning this proposed minor that should come before this board at this time? (Negative) Hearing none, board members? Mr. Orlowski? (Negative) Mr. Mullen? (Negative) Mr. Latham? Mr. Latham: No further subdivision on any lots, is that right? No no other questions. Mr. Raynor: Alright, there being no other questions then we'll deem this hearing closed. Mr. Doyan asked the Planning Board to review his proposed subdivision located at Fishers Island. Mr. Raynor stated the right-of-way to the property would have to meet the Inspector's recommendations and if it was outside the metes and bounds of the property he would have to apply for a 280A through the Zoning Board of Appeals. Mr. Doyan stated that Fishers Island was in need of Building Inspectors on the Island. The board field inspected this property prior to the meeting. Mr. Russell addressed the board with a complaint that "groupies" have been coming to the Island by boat and the people on Fishers Island object. Mr. Raynor suggested that Mr. Russell contact Mr. Lessard after the meeting to discuss this problem. pg. (8) 8/18/82 Mr. Raynor advised Mr. Russell and another gentleman in the meeting room that the Planning Board was in receipt of a letter expressing concern about the possibility of the entire B-zone district, including the Ferry District, being changed for high density residential use, such as shoreline condominiums in %he future. Mr. Raynor stated that such a change would be extremely difficult to obtain. Mr. Russell stated that he was not affiliated with FIDCO, but was appreciative of this information. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the minutes of their meeting held July 19, .!98.2. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall 8n motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the $outhold Town Planning Board approve the minutes of their meeting held August..2, 1982. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED to set 7:30 p.m., September 20, 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 John Miesner, located at Cutchogue. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall A.J. Bodenstein - The Board reviewed this site plan for a proposed retail store to be located at Cutchogue. Prior to taking action the secretary was instructed to contact the asSessor's office for infor- mation as to whether this parcel is single and separate. pg. (9) 8/18/82 Settler's at Oysterponds - The Board reviewed the revised sketch of this subdivision noting the applicant meeting the request to cluster this development. It was noted that correspondence had been sent to the Superintendent of Highways office regarding the greenbelting and cul-de-sacs. The Planning Board is presently awaiting his reply. Also noted was the environmental assessment form had been signed by both Ingotia and Horowitz. It was the concensus of the board to reserve action on this proposal until the next meeting to be held at Southold. Performance Bonds - Mr. Raynor stated that this matter was discussed on the boat en route to the Island. It was the concensus of the board to obtain information from each file to determine their status followed by an update by Mr. Davis stating what has or has not been done on the improvements of the roads. Bayview Farms located at Orient - The board reviewed correspondence submitted to the office requesting a release of or a reduction of the present $140,000 bond held by the Town. Also noted was the Superinten- dent's request for a release of bond. The board noted Mr. Davis' re- port ~238 which did not state his recommendation for the release of the bond. Mr. Raynor stated that approximately three weeks prior to this meeting it was suggested to Mr. Price that the tree plantings be put on the private property, keeping them outside the swale area and away from corners where they would adversly effect the line of site. Because the Inspector has not indicated completion of the remaining work to be done on this property, the following action was taken: On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board recommend to the the Town Board to reduce the amount of the bond from $140,000 to $25,000 on the subdivision known as Bayview Farms located at Orient for com- pletion of additional plantings and road construction based on Inspector John Davis; report and Superintendent of Highways recommendation. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall pg. (10) 8/18/82 On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board set 7:45 p.m. September 20, 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 Allerton Cushman, located at Fishers Island. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall 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 as designated on the subdivision map of Charles P. Ziegler~ located at Mattituck subject to the following conditions: 1. Completion of the State Environmental Quality Review Act. 2. Approval from the Zoning Board of Appeals. 3. Applicant revezvlng permits from the New York State Department of Environmental Conservation. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall Walter & Frank Sawicki - After review of this proposed minor subdivision map, it was the concensus of the board not to approve the sketch map as it does not meet the standards of subdivision regulations. The secretary was instructed to send correspondence to the applicants ad- vising them that the Planning Board cannot proceed. On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board forward all correspon- dence to the Zoning Board of Appeals in regard to reports and improve- ments on the right of way to the property of Armand Bartos~ Jr.~ located at East Marion, as it falls within their jurisdiction. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall pg. (11) S/18/82 Being no further business to come before the board, Mr. Latham made a motion to adjourn, seconded bY Mr. Orlowski and carried. Meeting adjourned at 2:25 p.m. Respectfully submitted, Susan E. Long, Secretary Southold Town Planning Board He~ry'E.-R~nor, Jr., Ch~r~an ~ kECEIVED AND FILED BY ~ sou~o~D TO~N c~ Da~ ~/~h~ sour k, Tow~ ld