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HomeMy WebLinkAboutPB-05/11/1981P TO ,D S Southold, N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman JAN]ES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Monday, May 11, 1981, at bhe Town Hall, Main Road, Southold, New York. TELEPHONE 765- 1938 Present were: Chairman Henry E. Raynor, Jr. Member Bennett Orlowski, Jr. Member G. Ritchie Latham, Jr. Member William F. Mullen, Jr. Ruth Oliva, President, North Fork Environmental Council Millicent and Arthur Gossner, League of Women Voters Jeff Miller, Suffolk Times 7:30 p.m. Public Hearing on the question of the approval of the final map of the subdivision to be known as "Harbor L~hts, Section IV" located at Southold. Present was Harold Reese. Mr. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Times. Mr. Raynor: In reviewing the file between the final and the preliminary we find legal notice of hearing, correspondence from this board to the town engineer with regard to listinq of improve- ments, final maps to the Superintendent of Highways, ~opies of correspondence to the applicant, highway committee, memo on January 16, 1981 from the town engineer to Mr. Dean as follows: That curbs be required. That the recharge basin serving this section is in a future sectiont be built as part of this section and the necessary piping to this recharge basin be also built. The remaining information here is various correspondence going back to the preliminary hearing, along with correspondence from this board under the State Environmental Quality Review Act sent up to the Department of Health Services. As i~ the custom with this board I will ask if there is anyone present this evening that would like to speak against the proposed subdivision of "Harbor Lights, Section Iv"? Hearing none, is there anyone present this evening that would Planning Board ~ -2- May 11, 19.81 like to speak in favor of the proposed subdivision? Hearing none, is there anyone present this evening that has some information that may be neither pro nor con but should come before this board? Mr. Mullen? Mr. Latham? Mr. Orlowski? (no questions). There being no other questions, we will deem this hearing closed. Grand View Estates. Harol~ Reese appeared. The Planning Board has declared itself lead agency in regard to the State Environmental Quality Review Act and has so informed the New York State Department of Environmental Conservation and has received acknowledgement of same from that agency. The Suffolk County Planning Department has made some suggestions which involve engineering changes and Mr. Reese will be into the office to review same. Paradise Point Corporatien. William B. Smith and members of the Paradise Point Association appeared before the board. Mr. Raynor suggested that Mr. Smith check with the building inspector as to whether certificates of occupancy could be obtained for the two out lots. It appears that the four meadow lots will require the process of a minor subdivision in order to divide them. The matter will be held in abeyance until Mr. Smith has had an opportunity to speak to the building inspector. George and Jane Toumanoff minor subdivision. John Wickham appeared on behalf of Mr. and Mrs. Toumanoff. This is being sectioned off from a larger parcel on which the intent is to have a major subdivision. There was discussion on where the right-of-way should be for lot 2. It was the consensus of the board that the right-of-way should be located over lot 1 to lot 2 on the westerly side of lot 1. The remaining property should be labelled as section 2 or the Suffolk County Planning Commission will consider it a fifth lot and, there- fore~ a major subdivision. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to approve sketch map of the Minor Subdivision of Georq~ and Jane Toumanof~, said map dated May 8, 1981, subject to a right-of-way being shown over lot 1 for access to lot 2 and the rest of the property being labelled as Section 2. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen 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 for the Minor Subdivision of George and Jane Toumanoff located at Mattituck. An initial determination off,on-significance has keen made. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen Planning Board ~ -3- May 11, 1981 On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to rescind the approval on Condition #1 of the Suffolk County Planning Commission in regard to the subdivision to be known as "Honeysuckle Hills" which reads as follows: 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. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to over-ride the condition of the Suffolk County Planning Commission as pertains to the subdivision to be known as "Honeysuckle Hills" which reads as follows: 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. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen The reason for the over-ride is that the Planning Board will have an amendment which will have better control of the property than the condition proposed by the Suffolk County Planning Commission. On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the following condition be placed on the subdivision to be known as "Honeysuckle Hills": 1. No major nonresidential structures shall be permitted or constructed or located within 50 feet of the top edge of the bluff without the prior approval of the Planning Board. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen Mr. Raynor read the following letter from Charles Cuddy to the Board in regard to the proposed subdivision "Bayside Farm" This is to confirm that the owners of that property shown on the map entitled Bayside Farm wish to develop it on a low density basis providing a total of nineteen (19) single family residential parcels on approximately one hundred (100) acres. The property consists of significant woodland areas, a farm, five residential dwellings (included in the total of nineteen parcels) and fronts upon Richmond Creek and Peconic Bay. Planning Board -4- ~-~ ~ May 11, 1981 Bayside Farm has been in the hands of the Emerson Family and its descendents for about seventy-five (75) years. Through these years the Farm has evolved into a small, low density commUnity with many extraordinary characteristics. The family members that own this land feel strongly about preserving the farm and are opposed to developing the property either as a one acre lot subdivision or as a cluster subdivision. As an alternative, in order that they may afford to keep the farm intact, the owners propose a Iow density, wide dispersement plan, requiring substantial family involvement and planning. The plan would be low in impact on the environment and require little in the way of town services. The proposal te develop the property on a limited basis is intended to offset the cost of maintaining the property to the present owners while preserving its natural beauty. The fourteen (14) new parcels are situated so as to give the owners a view of the Creeks, Bay, farmland or woods. Three of the new parcels will front on South Harbor Road. The reaminlng parcels are to be serviced by the existing road and a new road which will run along the northerly perimeter of the property ending at a cul-de-sac near Richmond Creek. In keeping with this low profile, low impact approach and in order to permit the family to pursue an economically feasible development the owners are requesting waiver of the existing road requirements. They ask that the new road be twenty-five (25) feet in width and its composition be crushed stone. Drainage is to be provided by swales. The owners are willing to covenant that there will be no further subdivision for a period of twenty-five (25) years and that any further subdivision after that date will occur only upon approval of the Planning Board or the appropriate municipal agency. In addition, the owners will covenant that the balance of the property will remain open space. The open area will be conveyed to a non-profit corporation which will be composed of the owners of the nineteen (19) developed parcels. The owners would be pleased to meet with members of the Planning Board or other Town governing bodies to further discuss the proposed subdivision. Robert Tasker, the town attorney, attended the meeting at the request of the chairman. He was asked to advise the board on the legality of the above requests. Mr. Tasker stated that the Planning Board has the right to waive certain improvements. Whether or not they should is a question the Planning Board in the exercise of its discretion will have to deal with. The overall public interest and property owners and emergency vehicles on roads of this width all Would go to the question of public interest. Consideration will have to be given as to why fifty foot roads are required and why that requirements is not necessary here. Mr. Cuddy, representative of t.he developers, stated that the number of houses currently served by a minimal road is five. Fourteen new parcels are proposed with the addition of another road. Three of these would have frontage on South Harbor Road. This brings it down Planning Board -5- May 11, 1981 to eleven additional homes. There are one hundred acres and all that is wanted is sixteen parcels. From a practical viewpoint it would not be feasible to build a 50 foot road. He feels it would also ruin the property. The developers are willing to covenant that there will be no development for at least twenty-five years. The open space will be maintained. He wants the roads designed for emergency access. Mr. Henry mentioned that some of the lots are feeding off driveways. He mentioned there was a provision in the regulations for an overlay showing what may be done after twenty-five years. Mr. Cuddy felt the developers could not foresee a hypothetical division of the property. The board will study the map for the next three weeks and will make a decision on the waivers and proposals at the June 1 meeting. Fishers Island Utility ~m~ minor subdivision. The public hearing was recessed until the next meeting. The maps should be corrected to change the line on the lot to reflect the commercially zoned section. Mr. Raynor will discuss this matter with the building inspectorl The following was introduced by Mr. Orlowski, seconded by Mr. Mullen 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 Arthur W. Hahn III is a two-lot residential subdivision located at Southold. 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 the property is not within 300 feet of tidal wetlands, comments were not solicited or received from the New York State Department of Environmental Conservation. Because there has been no response in the allotted time from the Suffolk County Department of Health Services it is assumed that there are no objections by that agency. Planning Board ~ -6- _J May 11, 1981 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, 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 Arthur W. Hahn III was submitted to the Planning Board on March 26, 1981, and an application fee of $50 was paid on March 26, 1981, and WHEREAS, a public hearing was held on the map of said subdivision at the Town Hall, Main Road, Southold, New Ycrk, on April 27, 1981 at 8:00 p.m., and WHEREAS, the requirements c~f the Subdivision Regulations of the Town of Southold have been met by s~id subdivision plat and application, Now, therefore, be it RESOLVEE that the application of Arthur W. Hahn III for approval of said subdivision plat prepared by Roderick Van Tuyl and dated March 16, 1981, be approved and the chairman be authorized to endorse approval on the map. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mul]en 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 Minor Subdivision of Pipes Cove Corp. was submitted to the Planning Board on March 26, 1981, and an application fee of $50 was paid on April 21, 1981, and WHEREAS, a pUblic hearing was held on the map cf said subdivision at the Town Hall, Main Road, Southold, New York, on April 27, 1981 at 8:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by sai~ subdivision plat and application, Now, therefore, be it RESOLVED that the application of Pipes Cove Corp. for approval of said subdivision plat prepared by Roderick Van Tuyl and dated March 9, 1981, be approved and the chairman be authorized to endorse approval on the map subject to consideration of the conditions of the Suffolk County Planning Commission. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen Planning Board .... 7- ~. May 11, 1981 The following was introduced by Mr. Latham, seconded by Mr. Mullen 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 Pipes Cove Corp. is a two-lot residential subdivision located at Greenport. 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 tka% no significant adverse effects to the environment were likeIy to occur should the project be implemented as planned. Because there have been no comments from the' New York State Department of Environmental Conservation in the allotted time it is assumed there is no objection by that agency. Because there have been no comments in the allotted time from the Suffolk County Department of Health Services in the allotted time it is assumed there is no objection by that agency. The project will meet all the requirements of the Code of the Town of $outhold 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, Latham, Mullen On motion made by Mr. Latham, seconded by Mr. Mullen, It was RESOLVED to set 7:45 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 the Henry Jennin~s Estate. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen Planning Board ~ -8- May 11, 1981 Lanzer property. The Board had been requested by Mr. John Hutter t---~--~make an inspection of the property and ~ive its opinion as to whether they would favorably on a change of zone in this lo.cation to multiple. It was the consensus of the board, with Mr. Raynor dissenting, that it would not look favorabl~ on such a change of zone. Mehlma~ minor subdivision. Mr. John Strong, present owner of the property, requested.information as to w~eth~r he could change the right-of-way from its present 50 feet to 25 feet. At a previous meeting, Mr. Latham was asked to make an inBpection of the property and report back to the board. Mr. Latham r~ported that he had met with Assessors' Clerk Sherwood, reviewed th~ maps in the assessors' office and made a physical inspection o~ th9 property. It was his op%nion~that here was no need for the right~of-way to be 50 feet in width as this was excessive because there would be no need for this to become a town road for access to the intgrior lots of Gillispie, if it were 25 feet it would preclude it from being a town ~oad and there appeared ~o be a problem of ownership and the possibility of it being lost for taxes and being taken over by the County. After discussion, it was the consensus of the board, with Mr. Latham in disagreement, that the right-of-way remain at the 50 foot width. Mr. Raynor announced that he had spoken to Mr. Kontokosta and he had indicated that he would be abandoning his plans to construct a marina at his Shipyard Lane, East Marion, property. He will proceed with plans for 48 condominiums. Mr. Raynor called a special meeting of the Planning Board at 2:15 p.m., Tuesday, June 2, 1981 at the Town Hall. Mr. Gus Schad will be in attendance to discuss his proposed complex at Brecknock Hall. Mr. Raynor thanked Mr. Mullen for writing a letter to the Town Board regarding indemnification of the Planning Board members. Mr. Raynor announced that the Planning Board would be going to Fishers Island on May 19th at 10 a.m. to make inspections of various properties over there. On motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to recommend to the Southold Town Board bond estimate prepared by Lawrence M. Tuthill, Town Engineer, in the amount of $100,000 for the subdivision to be known as "Harbor Lights~ Section IV" Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen Planning Board ~ -9- May 11, 1981 ~ighland Estates. Mr. Richard Mohring and son appeared before the board along with their attorney, Abigail Wickham. There was considerable discussion regarding the ~oads in the subdivision and whether building permits should be issued. Mr. Raynor suggested that Mr. Mohring find out what the Town Board intends to do about the bond as there has been no direction from them. The Planning Board Inspector will be sent out to see what he sees as suitable access for emergency vehicles. The Planning Board Inspector's report will be forwarded to the Building Inspector if it meets the approval of the chairman. Mr. Mullen amd Mr. Raynor will make an inspection of the property. There being no further business to come before the board, Mr. Orlowski made a motion, seconded by Mr. Latham and carried to adjourn. Meeting adjourned at 9:50 p.m. Respectfully submitted, h~nry EfRaynor,~J~. ,':~ha~man Muriel Tolman, Secretary