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HomeMy WebLinkAboutPB-04/27/1981 HENRY E. RAYNOR, Jr,. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. $outhold, N.Y. 11971 TELEPHONE 765- 1938 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Monday, April 27, 1981, at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Member Bennett Ortowski, Jr. Member G. Ritchie Latham, Jr. Member James Wail Member William F. Mullen, Jr. Ruth Oliva, President, North Fork Environmental Council Jeff Miller, Suffolk Times Honeysuckle Hills. Richard Lark, Esq., and Lewis Edson appeared before the board. Mr. Lark indicated that Mr. Gatz, owner of the property, specifically objected to the following two conditions of the Suffolk County Planning Commission which the SOuthold Town Planning Board agreed with. 1. No major nonresidential structures, such as, swimming pools, garages, etc., shall be permitted to be constructed or located within 50 feet of the top edge of the bluff. 3. Clearing and cutting of vegetation, particularly undergrowth, within 50 feet of the top edge of the bluff shall be 'limited to that necessary for maintenance. Mr. Lark said a prospective buyer would want to make full use of his property so would be unhapp~ with #1. There didn't seem to be a problem in the minds of the Planning Board members with the removal of honeysuckle and poison ivy within 50 feet of the bluff but Mr. Lark felt if it was filed covenants it would be difficult to remove it depending on the interpretation of the building inspector. Mr. Edson said New York City attorneys take a literal reading of #3. Mr. Lark said he had contacted Mr. Roy Haje and he had made some recommendations for plantings on the bluff. Mr. Raynor asked if a copy~would be forwarded to the office and the board will review it and make recommendations. A letter has been received from Mr. Lewis Edson, manager of Driftwood Cove, in which he requested that the stockade fence serve in place of the pine trees on the site plan and that the parking area to be completed be reduced in size. Mr. Raynor requested that a determination be made by the building inspector as to the parking and the two matters will be handled upon receipt of same. David A. Geula minor subdivision. On the Olmsted 1928 map this parcel is shown in one piece. In a subsequent map it is shown divided into five parcels. The parcel was owned by the County of Suffolk and was bought by Mr. Geula on tax sale. The configuration of lots is unusual. Mr. Raynor wants the board to go over to Fishers Island to inspect the property. This will be arranged for May 19. FIDCO. Mr. Raynor wants an updated map ef the east end of Fishers Island which is brought up to date. This request will be made of Mr. Noyes. 8:00 p.m. Public Hearing oH the question of the approval of the minor subdivision of Arthur Hahn at Southold. Mr. Robert Johnson, Mr. and Mrs. Ted Stoll and Mr. Stollmeyer appeared before the board. Mr. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Times. Mr. Raynor: Going through the file there is a receipt from the Town Clerk for the application fee in the amount of $50, a short environmental assessment form, correspondence approving the sketch plan of the minor on March 16th, correspondence from this board to the Department of Health Services with regard to-the short environmental assessment form with the State Environmental Quality Review Act, copy of the deed, application for the approval of the plot and maps. As is the procedure of this board we will ask if there is anyone present this evening that would like to speak in opposition to this proposed minor subdivision of Arthur W. Hahn III. Mr. Stollmeyer: I would like to see what they propose to do. Can somebody tell me what they are proposing to do. Mr. Raynor: They propose to divide this property approximately in half, one having 150 foot frontage and one 180 feet on Soundview Avenue. Mr. Stollmeyer: Are they going to put in any roads? Mr. Raynor: They have road frontage for both parcels. town road. They abut a Mr. Stollmeyer: They are not proposing to put a road into this property? Mr. Raynor: It would not be necessary on this property. Mr. Stollmeyer: They are just dividing it into two pieces. Mr. Raynor: That is correct. Mr. Stollmeyer: No problem, so far, no problem. Does this mean anything further might go? Mr. Raynor: Anything in the zoning ordinance, absolutely. Is there anyone else that would like to speak in opposition to the proposed minor subdivision. Is there anyone present this evening that would like to speak in favor. Mr. Johnson: I would like to speak in favor. I am buying one half and George Penny is buying the other half. That is about it. Mr. Raynor: Is there anyone else present this evening that would like to speak in favor of the proposed minor subdivision. Hearinq none, is there anyone present this evening that has some information either pro or con that the board should know about prior to the close of this hearing. Mr. Stollmeyer: Is there is any further development, then we will speak up. Mr. Raynor: Any change would be subject to a rehearing. Mr. Stoll: There is high land there. It either has a higher water table or doesn't absorb it. Every time we have a rain it pours out and stays there. Our concern is if they put a road in it might come down from that driveway down to my property° Mr. Raynor: Whatever they might do they have to retain any water on their own property. Mr. Orlowski, Mr. Mullen, Mr. Latham, Mr. Wall, do you have any questions? (No questions.) Mr. Raynor: Hearing none, we will deem this hearing closed and thank you for coming down. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to amend the resolution of approval of the subdivision plat entitled Mount Beulah Acres to delete the condition that short radius curves s--~uld be provided at the corners of Mount Beulah Avenue and Sound View Avenue, Mount Beulah Avenue and Old North Road, and at the corners of the proposed road Cosden Court and Mount Beulah Avenue, as requested by the attorney for the applicant, Rudolph Bruer. Vote of the Board: Ayes Raynor, Wall, Orlowski, Latham, Mullen 8:15 p.m. Public Hearing minor subdivision of Fishe~ opened the hearing. Motion was made by Mr carried to recess the publ of the minor subdivision receipt of corrected map. On motion made by Mr. RESOLVED to approve t! Long Island K. O. A., as r~ an additional building to Vote of the Board: Paradise Point Corporation the board. Mr. Raynor has to determine how this matte Smith when he has done so. On motion made by Mr. RESOLVED that the Sour proposed parking plan of Jc located at 52340 Main Road, to a florist and upstairs s of the property be devoted Vote of the Board: Ap 8:30 p.m. Public Hearing o subdivision of Pipes Cove a Mr. and Mrs. Paul D~nizio. and presented proof of publ Mr. Raynor: In the file we from the Town Clerk's Offic assessment form signed by R the owner. We have corresp the question of the approval of the ~.~land Utility Company. Mr. Raynor Orlowski, seconded by Mr. Latham and hearing on the matter of the approval Fishers Island Utility Company until Orlowski, seconded by Mr. Latham, it was ~e amendment to the site plan of Eastern ~quested by Richard Wilton, to include ,e used for recreational purposes. 'es: Raynor, Wall, Orlowski, Latham, Mullen Mr. William B. Smith appeared before not been able to contact the town attorney r should be handled. He will contact Mr. Orlowski, seconded by Mr. Wall, it was hold Town Planning Board has reviewed the hn and Mary Pietrodangelo for property Southold, which is proposed to be changed partment and directs that 2400 square feet to parking area. es: Raynor, Wall, Orlowski, Latham, Mullen the question of the approval of the minor Greenport. Present were Robert Scott, Mr. Raynor read the legal notice of hearing ication in the Suffolk ~imes. have a copy of the legal notice, receipt in the amount of $50, short environmental Dbert Scott representing Joseph Carff, )ndence from this board tot he New York State Department of Enviro~nental Conservation with regard to the State Environmental Quality Review Act, correspondence from this board to the Suffolk County Planning Commission, waiver of the subdivision requirements for the county, correspondence from this board setting tonight as the hearing. There is also a deed description and the applicant's application in the file. As is the procedure with this board we will ask that would like to speak in Pipes Cove at Greenport. evening who would like to subdivision. Hearing none has any information in reg this board at this time. M Orlowski? (all negative) declare this hearing closed On motion made by Mr. RESOLVED to approve th the property of Hilary Prid property at the present tim to be constructed on the ea with specifications of the Both accesses are to be sho Vote of the Board: Ay Upon presentation of correc public hearing. On motion made by Mr. RESOLVED to approve sk minor subdivision of the He~ Vote of the Board: Ay~ On motion made by Mr. RESOLVED that the Sout lead agency in the matter oz Jennings Estate located at ~ Environmental Quality Revie~ non-significance has been m~ Vote of the Board: Ay~ On motion made by Mr. if there is anyone present this evening opposition to the minor subdivision of earing none, is there anyone present this ~eak in favor of the proposed minor is there anyone present this evening that ~d to this property that should come before r. Wall, Mr. Multen, Mr. Latham, Mr. ~here being no further questions, I will rlowski, seconded by Mr. Latham, it was one-way loop driveway which exists on en for access to both residences on the If any lot is sold a right-of-way is ~terly side of the premises in accordance ?lanning Board Inspector report #169. on the minor subdivision map. ~s: Raynor, Wall, Orlowski, Latham, Mullen ~ed maps this matter will be set for a )rlowski, seconded by Mr. Wall, it was .~tch map da~ed March 26, 1980 of the ~ry Jennings Estate located at Southold. .~s: Raynor, Wall, Orlowski, Latham, Mullen ;all, seconded by Mr. Latham, it was ~otd Town Planning Board declare itself the minor subdivision of the Henr~ outhold with regard to the State ~ Act. An initial determination of ~de. ~s: Raynor, Wall, Ortowski, Latham, Mullen 'all, seconded by Mr. Latham, it was RESOLVED to approve th site plan dated January 14, 1981 of the property of Peconic Corporation located at Mattituck which includes paddocks, open areas and fences on multiple and residential zoned property. Vote of the Board: Ayes: Raynor, Wall, Orlowski, M~'llen, Latham On motion made by Mr. Orlowski, seconded by Mr. Wall, it was RESOLVED to accept the following conditions of the Suffolk County Planning Commission for the minor subdivision of Donald P. Robinson, Dorothy R. Binns and Marion R. Mears and that same be placed on the map of the property. 1. Lot 1 shall not exist as a separate lot and shall be incorporated into the adjoining parcel to the west owned by Donald P. Robinson. 2. No lot shall be subdivided, nor shall the dimensions be changed in any manner, unless authorized by the Southold Town Planning Board. 3. All driveways to the lots shown on said subdivision shall have a turnaround provision so that vehicles leaving the site will not have to back out into the Main Road, S~R.25. 4. Ail stormwater runoff resulting from development and improvement of the subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow Out into the Main Road, S.R.25. 5. Any improwement or development shall meet the requirements and standards of the Suffolk County Department of Health Standards. 6. The recording in the office of the County Clerk prior to the approving of this subdivision of covenants and restrictions concerning the above five conditions. Vote of the Board: Ayes: Raynor, Wall, Orlowski, Latham, Mullen 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 Minor Subdivision of Genevieve L. Richards was submitted to the Planning Board on March 6, 1981, and an application fee of $50 was paid on March 6, 1981, and WHEREAS, a public hearing was held on the map of said subdivision at the Town Hall, Southold, New York, on April 6, 1981 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 Genevieve L. Richards for approval of said subdivision plat prepared by Roderick Van Tuyl be approved and the chairman be authorized to to endorse approval on said subdivision plat subject to the consideration of the conditions of the Suffolk County Planning-Commission. Vote of the Board: Ayes: Raynor, Wall, Orlowski, Latham, Mullen The following was introduced by Mr. Latham, seconded ~y Mr. Wall and carried. Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Genevieve L. Richards is a two-lot business subdivision located at Arshamomaque. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the aliotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Applicant should be aware that a permit may be required because of the proximity to the wetlands. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. It has reviewed the project and finds public water is available. It is noted that the area has a history of poor soils which may affect the installation of a septic system. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Ms. Muriel Tolman, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971. Vote of the Board: Ayes: Raynor, Orlowski, Wall, Latham, Mullen On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to over-ride condition number 2 of the Suffolk County Planning Commission as pertains to lots numbers 3 and 4 on the map of the Minor Subdivision of Baxter Properties, Inc. dated July 18, 1980 as follows: A 70 foot setback for Lot 3 and an 85 foot setback for Lot 4. The reasons are as follows: 1. The 100 foot setback imposes a hardship on the property which was not self-imposed. 2. I variance from the Zoning Board of Appeals would be immediately necessary in order to place a residence on the property. 3. On studying a map of Van Tuyl dated June 17, 1955 it appears there has been no erosion in the area. 4. The Southold Town Planning Board will cause covenants and restrictions to be filed in the Suffolk County Clerk's Office before the map is signed to make a future property owner aware that the house is not set back the 100 feet and there could be an erosion problem in the future. Vote of the Board: Ayes: Raynor, Wall, Orlowski, Latham, Mullen On motion made by Mr. Latham, seconded by Mr. Wall, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Baxter Properties~ Inc. was submitted to the Planning Board on December 11, 1979, and an application fee of $40 was paid on December 11, 1979, and WHEREAS, a public hearing was held on the map of said subdivision at the Town Hall, Main Road, Southotd, New York, on April 6, 1981 at 7:45 p.m., and WHEREAS, the requirement~s 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 Baxter Properties, Inc. for approval of said subdivision plat prepared by Roderick Van Tuyl be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following conditions: 1. No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. 2. No residential structure shall be constructed within 100 feet of the top edge of the bluff for lots 1 and 2, 70 feet for lot 3 and 85 feet for lot 4. 3. The approval of the subdivision shall be made subject to the meeting of all standards and requirements of the Suffolk County Department of Health Services. 4. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. 5. NO grading shall be permit'ted within 50 feet of the top edge of the bluff except that that]may be necessary to control or remedy erosion or to prevent stormWater from flowing over the edge of the bluff. · Clearing and cutting of vegetation within 50 feet 6f the top edge of the bluff shall be limited to that necessary for maintenance. 7. Access to the beach shall be by means of a suitabl~ structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. 8. Access to the beach shall be restricted to a single access structure for each pair of lots located on or near the common property line between the pair of lots. 9. No lot may be subdivided or changed in any manner unless authorized by the Town Planning Board. 10. The recording in the office of the County Clerk prior to the signing of the map of this subdivision of covenants and restrictions concerning the above'restrictions along with notification to make a future property owner aware that the house is not set back the 100 feet on lots 3 and 4 and there could be an erosion problem in the future. Vote of the Board: Ayes: Raynor, Wall, Orlowski, Latham, Mullen On motion made by Mr. Orlowski, seconded by Mr. Wall, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Gertrude Duchow was submitted to the Planning Board on February3~10, 1981, and an application fee of $75 was paid on December 12, 1980~ and WHEREAS, a public hearing was held on the map of said subdivision at the Town Hall, Main Road, Southold, New York, on April 6, 1981, at 8:00 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 Gertrude Duchow for approval of said subdivision plat prepared by Roderick Van Tuyl be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following conditions: 1. No lot shall be subdivided or chanqed in any manner unless authorized by the Southold Town Planning Boird. 2. ApproVal of this subdivision shall be made subject to the meeting of the requirements and standards of the Suffolk County Department of Health~3Services. 3. NO new sanitary disposal facilitie's shall be located within 100 feet of the shoreline of RiChmond Creek. 4. All new residential structures on Lots 1, 2 and 3 shall be located at least 100 feet back from the edge of the tidal wetlands and on Lot 4, because of the configuration of the lot, the setback shall not be less than 75 feet. 5. There shall not be any discharge of stormwater runoff resulting from the development and improvement of the lots directly into Richmond Creek. 6. A conservation easement having a depth of 50 feet shall be established along the shoreline. 7. These restrictions shall be recorded in the Office of the County Clerk prior to the signing of this subdivision map and the conditions shall be placed on the map. Vote of the Board: Ayes: Raynor, Wall, ©rlowski, Latham, Mullen The following was introduced by Mr. Latham, seconded by Mr. Wall and carried. Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Gertrude Duchow is a f~ur~ot residential subdivision located at Pecon~c. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been sUbmitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State DepartmEnt of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Applicant should be aware that a permit may be required because of the possible proximity to tidal wetlands. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. It will be necessary for a test well and test hole to be installed on the property. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Ms. Muriel Tolman, Secretary, Southold Town Planning Board, Main Road, Southotd, New York 11971. Vote of the Board: Ayes: Raynor, Orlowski, Wall, Latham, Mullen Schad Brecknock Hall Condominiums. Mr. Raynor reported that the original sketch in 1971 showed circular clustering of approximately 30 buildings. There are more than 20 dwelling units so more than one access will have to be provided. The street circulation is poorly designed. It lacks loop type circulation. There are no drainage facilities. There is an excessive overall block length. There are no east side of the property connections. There are no elevations on the buildings to determine the separation between the buildings_. To comply they lack the 100 foot setback from Long Island Sound. Mr. Raynor feels the entire project should be reconsidered. Where it is so badly designed, Mr. Raynor feels the Board should go back and look at the total planned concept development. He would like to see expanded use of the Sound frontage areas and the density be cut by half or two-thirds. This information will be relayed to Mr. Schad. Lanzer property. John Hutter has requested that the Planning Board review this property for a recommendation on whether he should proceed to request a change of zone from the Town Board. Mr. Latham will inspect the property and make a report at the next meeting. Mehlman minor subdivision. John Strong has requested information on the possibility of making the right-of-way in this minor subdivision 25 feet wide instead of 50 feet. He would also like specifications for completion of the right-of-way. Mr. Latham will make an inspection of this property and report back to the board at the next meeting. Herbert Davids has made application to the Zoning Board of Appeals to divide merged property in the subdivision of Seawood Acres. Section one. He would like three lots each of which is under 13,000 square feet in area. The property is exceedingly small. The The consensus of the board on an overview was negative but the property will require subdivision action if it is approved by the Zoning Board~ of Appeals. On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED to approve the sketch map of the Minor Subdivision of Vincent Guarnaschelli dated April 27, 1981, located at Arshamomaque. Vote of the Board: Ayes: Raynor, Wall, Orlowski, Latham, Mullen On motion made by Mr. Latham, seconded by Mr. Wall, it was RESOLVED to set 7:30 p.m., Monday, June 1, 1981, 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 Guarnaschelli located at Arshamomaque. Vote of the Board: Ayes: Raynor, Wall, Orlowski, Latham, Mullen There being no further business to come before t~ board, motion was made kY Mr. Mutlen, seconded by Mr. Wall and carried to adjourn. Meeting adjourned at 9:45 p.m. Respectfully submitted, Muriel Tolman, Secretary enry E. ~aynor, Jr.t Chair~n