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 ~
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