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HomeMy WebLinkAboutPB-02/25/1980HENRY E. RAYNOR R..Chairmzn FREDERICK E. GORDON ~AMESWALL BENNETT ORLOWSKL~r. GEORGE ~TOHIE LATHAM. Jn P D T D Southold, N.Y. 11971 TELEPHONE 765- 1938 A regular meeting of the Southold Town Planning Board was held · 0 Monday, February 25, 1980, at the Town Hall, Main at 7.3 p.m., Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Vice-Chairman Frederick E. Gordon Member Bennett Orlowski, Jr. Member G. Ritchie Latham, Jr. Millicent Gossner, League of Women Voters Arthur Gossner Frank Bear, North Fork Environmental Council Tom Huggard Robins Island (Southold Development Corp.) Present at this portion of the meeting were William Esseks, attorney for the developer; John J. Raynor, engineer for the developer; Dwight Holbrook, Sag Harbor school teacher; Paul Demery, L. I. Traveler-Watchman; Mike Stahl, Suffolk Times; Councilmen Drum, Nickles, Murdock and Sullivan. The following answers were given by John J. Raynor to concerns mentioned by Chairman Raynor. Access to the island. New Suffolk property. Details have not been wor~ out as to how this will be handled. New Suffolk is part of the purchase and it is anticipated~it will be used for a parking aud docking facility for a boat to go back and forth from the maimland to the island. ~er~ to provide safety in terms of police, fire and other necessary unctions of the town. There may be a ferry service. There may also be a boat capable of carrying one large vehicle back and forth for maintenance purposes but not to serve as a daily ferry for vehicles. The chairman stated that it would be incumbent on the developer to provide a boat capable of carrying several pieces of fire equipment. Planning Board ~.j -2- Feb ~ry 25, 1980 Utilities. These will be brought over by ca~e and installed under- ground as Per Public Service Commission requirements. Fuel ahd heating have not yet been considered. Open areas. With the exception of the six acre common area on the north end they are intended to be passive use open areas. The large area in the center was selected because of its recharge capabilities to keep sufficient water for individual well systems and it being the only area large enough to.preserve the existing wildlife. It consists of ll7 acres. At the south end there is an open space selected because the island narrow quite considerably and there may not be sufficient fresh water to sustain houses. On the westerly side there are two common areas. It is relatively flat and soil survey maps indicate they contain clay and would probably be unsuitable for septic systems. The common area at the northwest end is shown as a wetland preservation area and will not be developed. The developers would be willing to covenant that this remain a wetland preservation area. The active use will be in the six acre area on the north end. North end common area. What, if anything, would be done with the existing dock facilities. The present facilities are not suitable for any type of ferry terminus. Do the developers have any type of proposal with regard to this area? Mr. Raynor answered that there was no proposal at the present time as the developers are interested in what the Planning Board concerns might be. Individual d0c~ on bay. Mr. Esseks stated that he doesn't a~ticipate any docks on the island except at the north end. Bluff line in order to determine setbacks. Although relatively well-defined on the sketch, will be shown on the preliminary map. The Chairman stated that the west side of the island has been subject to erosion from the west center to the southwest. Vehicle parking. One proposal would be to provide parking in New Suffolk and provide a vessel to transport one vehicle at a time to the island. Another option is a ferry to carry vehicles to the island which has other ramifications. The chairman weuld like both options presented to consider the consequences of either proposal. Water tests and substrata information. The Dept. of Health will be consulted as to suitable locations for test holes and wells. It is an inappropriate time of year to do the testing now. Highways. Profiles will be necessary before the board can proceed. There will be difficulty with movement of materials of the island. The developers are hopeful of building the highways with existing materials on the island that would be most acceptable. The width of pavement and drainage requirements are subject to discussions with the Planning Board and Town Engineer. They would like no curbs. They feel each lot has sufficient area to accept runo£~without a system of storm sewers. Support data will be provided. They would like some indication from the Board as to what type of roads and drainage system would be appropriate. They prefer not to have a recharge basin in the center open center nor unusually wide streets requiring cutting of side slopes and things of that nature. Planning Board ~_~ -3- Febl ~ry 25, 1980 Several members of the Board have not had an opportunity to visit the island and the chairman would like them and the members of the Conservation Advisory Council to make a field inspection to determine what devices or structures may or may not be used on the island. Certificate of disclosure. A more informative statement will be required. Mr. Esseks has discussed this with Mr. Tasker and has forwarded the request to Mr. Lesser, president of the corporation. State Environmental Quality Review Act. The Southold Town Planning Board will request lead agency status. Mr. Raynor stated that with land subdivision the impact statement does not commence until there has been some information as to acceptance of a sketch plan by the town. He will go into more detail then. Mr. Gordon asked if the developers had given any thought to covenants and restrictions on the lots as to no further subdivision. Mr. ~sseks answered that it is their intention that a statement as to no further subdivision would be placed on the map. Mr. Esseks feels that the town attorney would have a substantial position in seeing that the covenant is drawn so that any question of more subdivision on the open space would be obviated. Mr. 0rlowski stated there would be a problem with fire protection and he would like to see what the developers plan in regard to this. Mr. John Raynor stated this will have to rely on what decisions are made in regard to access. He felt it might be possible that apparatus could be kept on the island. This will be referred to the Cutchogue Fire Commissioners. It was suggested that the developers meet with the fire commissioners to study the matter. Even though this was not a public hearing, the chairman asked if there was anyone in the audience that had anything pertinent that the Board should be knowledgeable about. Dwight Holbrook, a resident of Sag Harbor, asked about the consideration of the archaeology of the island. Mr. Gordon asked if aerial views of the island are available. Mr. Raynor said they have some and can get more. When the map is in preliminary stage vertical photography of the island~ will be presented. Mr. Raymor~ chairman, read a letter from the Suffolk County Archaeological Association requesting that the archaeology of the island be considered when the Environmental Impact Statement is prepared. John Raynor requested a copy of the letter. Frank Bear, president of the North Fork Environmental Council, asked if the public can go over the island for an inspection. Mr. Esseks answered that it depends on who and how many. The Planning Board is to be contacted. Mr. John Raynor requested a copy of the minutes pertaining to this discussion and the request was granted. Plam. ning Board ~ -4- FebrUary 25, 1980 Cutc to clu~ area pro~ disc hogue Joint Venture. Richard Cron, Esq., appeared. He prefers o with conventional design of the subdivision rather than the ter design even though they may lose some lots in the low lying s. The Planning Board has gone on record that it prefers the erty to be developed in the cluster concept. Mr. Cron will uss this with Mr. Young, the engineer, and get back to the Board. On motion made by Mr. Gordon, seconded by Mr. Latham; it:~was RESOLVED to set 8:00 p.m._, Monday, March 24, 1980, 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 property of Clement W. Booth ~183 located at Southold. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham The following declaration was introduced by Mr, Gordon, seconded by Mr. Latham 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. DESdRIPTION OFACTION The minor subdivision of Clement W. Booth is a two-lot residential subdivision of 6.210 acres located atSouthold, 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 it is more than 300 feet from tidal wetlands it is not under the jurisdic!l~n of the New York State DePartment of Environmental Conservation, The Suffolk County Department of Health Services has indicated that a precursory review of the subdivision indicates conditions are suitable for individual sewage systems; however, problems may be encountered with obtaining potable water due to high nitrate concentr~:tions. The project will meet all 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, Planning Board ~t~ -5- Feb~ry 25, 1980 New York 11971. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham Mr. Latham made a motion, seconded by Mr. Gordon and carried to approve the minutes of the meeting of january 29, 1980 with the amendment on pages 2 and 3 that "ghil" should read "Bill". The United States Postal Service - Northeast Region - has sent project notification to the Planning Board regarding the Southold Post Office. The form will be completed and returned to the U. S. Postal Service. The main concerns of the Board are off- street parking and review of the plans, when available. On motion made by Mr. Latham, seconded by Mr. 0rlowski, it was RESOLVED to accept the report of John W. Davis, Planning Board Inspector, Report #120, regarding the subdivision "Inlet East Estates at Mattituck" and recommend to the Southold TOwn Board release of the bond for improvements. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham 8:00 p.m. Public Hearing on the question of the approval of the minor subdivision to be known as Whitcom P~. Company located at Orient. Richard Cron, Esq., Robert Gillispie III, Harrison Demarest. Mr. Raynor read the legal~nOtice~of hearing and presented proof of publication from~the Long,Island Traveler-Watchman. Mr. Raynor: In the file we have a letter from Young and Young dated the 10th ~of January, 1980, indicating that they have enclosed six copies of the map which has been amended to change the designation of the "rear setback line" to "building setback line" and to delete the gravel roadway. There is correspondence to Mr. Cron regarding the date of the public hearing. There is correspondence to Mr. Cron including the resolution from this Board that at the meeting of December 17, 1979 the sketch map was approved subject to the follow- ing: (1) The 100 foot setback line from the top of the bluff should be listed as "building setback line". (2) Removal of the notation that there will be a 20 foot gravelled roadway. It has been the policy of this Board to enlist the recommendations of the Planning Board Inspector. Back in September, we asked for other amendments to conform-with the sketch map requirements. We have application for approval of plan and receipt from Town Clerk of the filing fee. There is a letter for~ the Suffolk County Planning Commission. Pla~_ning Board .... -6- Fe~ .... ary 25, 1980 Mr. Raynor: We have a short Environmental Assessment Form signed by the applicant's attorney. There is a negative declaration on behalf ~f this board as lead agency. There is notation from the Department of Health Services with regard to the review. There is correspondence from the Dept. of Environmental Conservation. "The area in question contains a freshwater wetlands at its southern half. Therefore, any activity within 100' of the wetlands boundary will require a permit from this office. If you should require any assistance in determining the exact boundary of the wetlands or in any other aspect of this project please do not hesitate to let me know." That pretty much completes the file. As there is no major road construction, there is no letter from the Superintendent of Highways. As is the policy of this board, we will ask if there is anyone present this evening that would like to speak in opposition to this subdivision. Hearing none, is there anyone present this evening that would like to speak in favor of it. Richard Cron, Esq.: As the board well knows, this application has been p~nding for quite some time and I think it is a utilization of property that should be in all respects satisfactory to the Town of Southold and especially this board seeing there is utilization of only four building lots none of which is less than 5.755 acres. The area to the south which is the marsh area is in the process of being satisfactorily resolved with the Nature Conservancy and it is anticipated that we will probably deed that area to them. I think it is the type of subdivision that is certainly not harmful to the Town of Southold and I ask that it be approved. Mr. Raynor: You filed the restrictive covenant with regard to the subdivision of lots. I don't think we have that. Mr. Cron: If you don't, we will furnish them to you as we don't intend to further subdivide. I will check through my file. I will send you large lots covenants. Mr. Raynor: We have been informed by Town Counsel that whatever action this board takes you will also need a 280A from the Board of Appeals. Mr. Cron: We haven't done anything yet in the terms of improving it but we will make application after it is done. Mr. Raynor: Is there any member of the board that has any questions. Is there anyone present this evening that has some specific information in regard to this proposed minor subdivision that should come before this board at this time. Harrison Demarest: The only think I would say is water or drainage off the land, there is a problem of water running down into the seventeen acres that is going into the preserve. That has always been a problem on the north side. That is the only thing I could say. Where are you going to let that drainage go. Planning Board -7- February 25, 1980 Mr. Raynor: The only excess would be what's off the rooftops and driveways. The road wo~ld be of a porous surface to not cause a problem. It is our understanding it would be kept in the low seventeen acres. Mr. Demarest: As long as it is going in there it Will be alright. Mr. Cron: I don't think the owners intend to do anything to change the area. In the area where the building is going to.take place I don't think they are doing anything to that large area. Mr. Raynor: Is there anyone else this evening that has any specific information. Mrs. Gossner: HoW much area is involved to go to the nature conservancy. Mr. Cron: 17.33 acres. Mr. Raynor: Is there anything else this evening pertaining to this subdivision. Hearing none, we will deem this hearing~closed and thank you for coming down. Michael Zaneski. Mr. Zaneski is desirous of purchasing a jib piece immediately in front of his property which is in the subdivision of the Estate of George Wells. The Board has no objection to the setting off of the jib piece of approximately 300 square feet but requests that Mr. Zaneski supply the board with a copy of the deed for the Planning Board files. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to rescind the m~sOlution of January 29, 1980 which reads as follows: RESOLVED that the subdivision or setting off of two parcels of property owned by Mrs. Cooke and Mrs. Emerson to Mrs. Cooke and Mrs. Emerson be considered as a casual sale in the family. This action is subject to~he filing of a covenant thatthe remainder of the ten acre parcel be submitted as a major subdivision. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham The Planning Board considered this to be a proper resolution of the matter but is putting the matter through the regular subdivision procedure at the request of the attorney for the applicants, Richard Lark. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to approve the sketch map dated December 5, 1979 of the minor subdivision of Ruth Emerson Cooke and Claire G. Emerson subject to clarification of the property to the north as it is not in agreement with the tax maps. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham Planning Board ,~ -8- Feh~ ry 25, 1980 On motion made by Mr. Gordon, seconded by Mr, Latham, it was RESOLVED that the Southold Town Planning Board declare itself lead agency for the unlisted action of the minor subdivision of property of Ruth Emerson Cooke and Claire G. Emerson~ Vote of the Board: Ayes: Raynor, 0rlowski, Gordon, Latham Brionngloid subdivision. Charles Rand had called the office requesting that his passbook be returned as almost all of the improvements have been made at his subdivision in East Marion. The Board will make a recommendation for release of the passbook at w~h time as the right-of-way is completed. The regulations for minor subdivisions calls for the scale to be 100' = l". The Board will go along with the scale being larger. 9:00 p.m. Public Hearing on the question of the approval of the preliminary map of the subdivision of Macari located at Laurel. Robert Celic, Gary Flar~ner 01sen, Esq., Mr. Macari were present. The description of the property was very lengthy and Mr. Raynor asked if there was anyone who would have an objection to omitting the reading of the courses and distances. There being no objection, this was not read. Mr. Raynor presented proof of publication in the Long Island Traveler-Watchman. Mr. Raynor: We have receipt of the filing fee. We have correspondence from the Suffolk County Planning Department dated January 23, 1980. We have Inspection Report No. ll7 from John W. Davis. (read this report) On the date of February 5 we have a letter from the Town Engineer. A copy of this will be sent to the attorney. This is signed by Lawrence M. Tuthill and Raymond Dean, Superintendent of Highways. There is correspondence to your engineer with regard to the proposals already read and comments on the preliminary inspection report #61 from Mr. Davis which you already have. There is also a letter to you dated in 1978 regarding ingress and egress. There is a report on the field inspection. There is a letter to Mr. Celic setting aside 9 p.m. tonight for a public hearing. We have correspondence back to us with regard to lot, block and section number and engineering computations. There is correspondence from the Southold Town Conservation Advisory Council. "The Council discussed the natural drainage for the subdivision of Macari and feel it is environmentally sound." There is correspondence back in November asking for their opinion. The Suffolk County Department of Health Services has no objection and a complete review will be conducted on receipt of proper application. We have a letter to the Department of Environmental Conservation in regard to this. We have correspondence in the file with the applicant's attorney along with the application for approval. We have a copy of the short Planning Board '~ -9- Fe~,~ry 25, 1980 Environmental Assessment Form filed by Mr. Olsen. That pretty much completes the file to date. As is the Board's procedure we will ask this evening if there is anyone that would like to speak in opposition to this proposed subdivision forJoseph Macari. Hearing none, is there anyone present this evening that would like to speak in favor of it. Gary Flanner ~Olsen, Esq.: I am the attorney for the applicant, This subdivision has been before the Board for quite a period of time as yom are aware. The preliminary map is a netresult of' concertedefforts of the engineer, Planning Board and counsel. The subdivision map conforms to all the requirements of the Town of Southold. All lots are over 40,000 square feet. You pointed up earlier there is some Question about the size of the park and recreation area. This I would have to take up with the engineer. I know he is aware of the requirements of the town. Why it is off I don't know and perhaps he has an answer to it. Mr. Macari is also here to'answer any questions you might have as well as Mr. Celic. I respectfully ask that the Board grant preliminary approval. Mr. Raynor: Is there anyone else that would like to speak in favor of this proposed subdivision. Is there anyone present this evening- that has some information that this Board should have knowledge of before making any determination on this map. Hearing none, does the Board have any questions. Mr. Orlowski: is there a fire well in here? Mr. Raynor: I would have to check the drawings and have them sent to Mattituck to locate the fire wells. Mr. Latham and Mr. Gordon had no questions. Mr. Raynor: ~This is a unique situation where you have property the type and contour which is a little unusual to this area of the island. I think it speaks well of your engineer in his efforts to utilize the natural recharge and will be something which is experimental on your behalf and the town's behalf as well. There being nothing further we will deem this hearing closed and thank you all for coming down this evening. Wayne Associates change of zone application. Mr. Latham and Mr. Orlowski made an inspection of the property for which an application has been made for a change of zone from residential to multiple with the intention of erecting condominiums on the site. Mr. Frank Bear stated that it is an area where there should be only about six or seven houses. Under the change there could be tourist camps and various other uses which would be highly undesirable and improper use. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to recommend to the Southold Town Board approval of the application of Wayne Associates for a change of zone from A Planning Board ~ -~'0- Feh~ary 25, 1980 Residential to M-1 General Multiple for property located at Bayview on subdivision maP of Cedar Beach Park. Vote of the Board: Ayes: 0rlowski, Latham Nays: Raynor, Gordon The resolution was lost for want of a majorit~y~¥ate of the Board. There will be another inspection of the property at ll a.m., Saturday, March 1. Mr. Frank Bear requested that he be able to attend the inspection and his request was granted. This matter will be brought up again at the next meeting. On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED to recommend to the Southold Town Board denial of the application of Maidstone Development~ Inc. for a change of zone from A Residential to M-1 General Multiple for property located at Greenport for the following reasons: 1. The Board considers this would be spot zoning. 2. It would set a precedent in the area for further down-zoning of property. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham Abigail Wickham, attorney for Maidstone Development, Inc., and William H. Price, attorney for Mr. Crystal an adjacent property owner, attended this portion of the meeting. Ms. Wickham asked if the Board would be amenable to a Light Multiple rather than a General Multiple and the Board gave no opinion. The matter of the subdivision of the Prellwitz property will be discussed at the next meeting. Rhodos Pavilion. Mr. Gordon has met with the building inspector on this matter and feels it should be sent to him for his decision. Mr. Raynor will send letters to the Town Board in regard to the bonds for which the time to complete the work has expired. Mr. 0rlowski suggested that if the applicant is willing to increase the bond for the inflation rate that a recommendation be made that the bond be extended for one year. This applies specifically to the subdivisions "Paradise-by-the-Bay" and "Soundview Acres at Orient" where no lots have been sold and no new construction has taken place. Planning Board ~ -15- Feb [j~ry 25, 1980 On motion made by Mr. Latham, seconded by Mr. 0rlowski, it was RESOLVED that the Southold Town Planning Board declare itself lead agency for the unlisted action of the minor subdivision of James Dean ~188 located at Cutchogue. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham 0n motion made by Mr. Gordon, seconded by Mr. Orlowski,~it was RESOLVED to approve the sketch map of James Dean minor subdivision #188 located at Cutchogue, said map dated February 19, 1980. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham Kn&ghts of Columbus site plan. A new site plan has been received in the office and at the direction of Mr. 0rlowski has been forwarded to John W. Davis, Planning Board Inspector, for his comments. Mr. Davis' report has not yet been received but upon receipt will be reviewed by Mr. Raynor and Mr. 0rlowski. The following declaration was introduced by Mr. Gordon, seconded by Mr. Latham 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 Baxter Properties~ Inc. is a four-lot residential subdivision of 8~ acres located at Cutchogue. 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. The Department of Environmental Conservation has Voiced no objection although it has indicated that a permit may be required. The Suffolk County Department of Health Services has Planning Board ~ -1~- Feh~.~ary 25, 1980 indicated that a precursory review of the subdivision indicates conditions are suitable for individual sewage disposal systems and water supply facilities. The project will meet all 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, Gordon, 0rlowski, Latham On motion made by Mr. 0rlowski, seconded by Mr. Latham, it was RESOLVED to accept the report of Lawrence M. Tuthill, Town Engineer, dated February l, 1980 for the proposed subdivision "Sterling Forest" and forward a copy of same to the applicant. The report states. "I recommend that the use of leaching basins as shown for the subdivision entitled "Sterling Forest, Southold" be denied. The test holes made at the location on May 21, 1979 in the area of the proposed leaching basins as noted in the report of Mr. John W. Davis, Highway Inspector, contained mostly clay which is unsuitable for leaching basins." Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham The report of the Suffolk County Planning Commission regarding the proposed subdivision of Maher on Leeton-Drive, Southold, has been received. The Commission has denied the subdivision for many reasons. This letter is to be forwarded to the Southold Town Zoning Board of Appeals for its information. It is also to be sent to the attorney for the applicant, Richard Cron, to determine if he wishes to pursue the matter further. On motion made by Mr. Gordon, seconded by Mr. 0rlowski, it was RESOLVED to disapprove the sketch map of the minor subdivision of Thomas F. Maher and Margaret M. Maher for property located at Southold for the following reasons: 1. The severe erosion rate will place in jeopardy any proposed structure that will be erected upon the site. 2. It appears to be unreasonable to create more building lots that will be subject to erosion. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham Planning Board ~ -13- Feb'~ry 25, 1980 There being no further business to ~oame before the Board, Mr. 0rIowski made a motion, seconded by Mr. Latham and carried to adjourn the meeting. Meeting adjourned at 10:30 p.m. Respectfully submitted, Muriel Tolman, Secretary H~nry E.JRaynor,'J~., C~irman