HomeMy WebLinkAboutPB-05/11/1981P
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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