HomeMy WebLinkAboutPB-04/07/1980HENRY E. RAYNOR, Jr.. Chairman
PI~EDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Yr.
GEORGE RITCHIE LATHAM Jr.
S ~y
South.Id, N.Y. 11971
TELEPHONE
765- 1938
A regular meeting of the Southold Town Planning Board was held
at 7:30 p.m., Monday, April 7, 1980 at the Town Hall, Main Road,
South.id, New York. Present were:
Chairman Henry E. Raynor, Jr.
Member Bennett Orlowski, Jr.
Member G. Ritchie Latham, Jr.
Member Frederick E. Gordon
Frank Bear, North Fork Environmental Council
Mike Stahl, Suffolk Times
Millicent Gossner, League of Women Voters
Dean Drive minor subdivision - public hearing on the question of
the approval of the minor subdivision into two lots. Present wa~
Gary 01sen, Esq. Mr. Raynor read thetegal notice of hearing and
presented proof of publication in the L. I. Traveler-Watchman.
Mr. Raynor: In the file fram the Suf£olk~County Department of
Planning we have recommendations as follows:
1. No residential structure shall be located within 100 feet
of the upland edge of the tidal nmrsh.
2. No'sanitary disposal facilit~ shall be located within
100 feet of the upland edge of the tidal marsh.
e
A conservation buffer or easement at least 50 feet in
width shall be established over that portion of the property
adjacent to'~he tidal marsh. The area within the buffer
or easement shall remain in its natural state.
No stormwater runoff resulting from the development or
improvement of the lots shall be discharged directly
into the marsh areas.
We have a letter from the Suffolk County Department of Health
Services in which they state they have no objection to the desig-
nation of lead agency and "Indications are that soil conditions
Planning Board
for individual sewage disposal systems are acceptable; however,
based on data from recent construction in the area, the potable
groundwater supply in the area is limited both in quantity and
quality. This Department would normally request a test well prior
to approval." There is a letter from us to the DEC regarding the
State Environmental Quality Review Act. There is a notice to the
applicant's attorney stating the hearing date. There is the
description aud correspondence, a resolution approving the sketch
map on March 3rd and setting lead agency on that date. We have a
receipt from the Town Clerk's Office for the fee of $20 and
application for the approval of a plat. There is a statement
concerning grading that has been filed and a short Environmental
Assessment Form and copies of old maps. As is the procedure with
this Board, we will ask if there~is anyone present that would like
to speak in opposition to the minor subdivision of James Dean.
Hearing none, is there anyone present that would like to speak in
favor of the minor subdivision of James Dean.
Gary 01sen, Esq.: I am the attorney for Mr. Dean. This is
probably as innocuQus an application as you could have. We have
two parcels having 84,000 plus square feet in one and parcel two
of 81,000 square feet. It is wooded property. This property has
been before the Board off and on for a period of time. We did
submit an application for more lots thau two and with the Board's
recommendation, we have come down to two lots. I would respectfully
ask that the Board give approval to the application.
Mr. Raynor: Is there anyone else that would like to speak in favor.
Is there anyone present that has some information for this Board.
Mrs. Gossner: Do you know when the Board of Health checks a
subdivision do they check for Temik as well as nitrates?
Mr. Raynor: I do not know. Does anyone else have some information
with regard to this subdivision. Hearing none, do any board
members have anything. Mr. Latham? Mr. Gordon? Mr. 0rlowski?
(all answered in the negative.) The Board having no further
questions we will declare this hearing closed and thank you all
for coming down.
Macari major subdivision. Gary Olsen, Esq. In regard to the
comment made by Mr. Tuthill in his recommendations on this subdivision
in regard to a 60 foot wide road under the LILC0 wires for the
possibility of the L. I. Expressway, Mr. Raynor stated that if
this becomes a reality, the appropriate agency would condemn the
property. It was also determined that the amount of park and play-
ground area is sufficient. There was some discussion regarding
eliminating the spur in the vicinity of lots 14 and 15.
On motion made byMr. Gordon, seconded by Mr. 0rlowski, it was
Planning Board ~ -3- A~lil 7, 1980
RESOLVED to approve the preliminary map of the subdivision
of Joseph Macari as revised November 26, 1979, subject to the
following recommendations of the Town Engineer and Planning Board
Inspector:
Cuts and fills be balanced.
Four leaching pools be provided near highways, one each
at the start of the piping to the drainage areas to
lessen the amount of sediment entering these areas.
Baffles or other suitable devices be provided at the
corrugated metal end sections in the drainage area to
eliminate scouring from excessive velocities of the water
entering the drainage areas because of very steep grades
of the last sections of piping.
Fencing and curbs be provided around drainage areas.
The width of pavement on Road "D" for the one-way traffic
lanes be reduced from 30 feet to 24 feet and the center
island be used as a swale to assist leaching pools.
The section of bank on Lot #48 at the entrance to Road
"D" from Soundview Avenue be removed to provide sight
distance.
e
o
10.
ll.
12.
13.
14.
The reserved area between Lots #15 and #16 be paved to
the property line of A. V. Reeve.
The turnaround at Lot #13 be eliminated as this is a
nuisance for the Highway Department to maintain.
Drainage easement be provided on only one property
rather than have center of easement down the center of
property line.
Elevations be raised at low points on Road "A" at stations
4-50 and 26-00 three feet and use 200 foot vertical
curves to increase sight distance.
Profile for Road "E" as shown not in accord with information
on the road sheet. Road sheet data should be used.
Plans call for one solid wall ring in the 3 ring leaching
pools. Alt~rings should be storm drain rings.
The capacity of the five pools at the end of Road "B"
is not sufficient.
The capacity of the four pools at the entrance road is not
sufficient.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
Planning Board -4- A~ ~il 7, 1980
The following declaration was introduced by Mr. Gordon and
seconded by Mr. Orlowski:
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 tha~ the project will
not have a significant effect on the environment.
DESCRIPTION OF ACTION
The major subdivision of Joseph Macari is a forty-nine lot
residential subdivision of 65.8 acres located at Laurel in the
Town of 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 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.
The Suffolk County Department of Health Services has
indicated that it has no objection to the designation
of lead agency and that a complete review of the sewage
and water supply facilities will be conducted upon
receipt of proper application.
The project will meet all requirements of theCode 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
The~f011owing declaration was introduced by Mr. Latham and
seconded by Mr. Gordon:
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.
Planning Board ~ -5- A~il 7, 1980
DESCRIPTION OF ACTION
The minor subdivision of Dean Drive is a two-lot residential
subdivision of 3.81 acres located at Cutchogue in the Town of
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 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.
The Suffolk County Department of Health Services has
indicated that it has no objection to the designation of
lead agency. It also indicates that soil conditions for
individual sewage disposal systems are acceptable, how-
ever, based on data from recent construction in the area,
the potable grouudwater supply in the area is limited
both in quantity and quality. The Department will request
a test well prior to approval.
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. Gordon, seconded by Mr. 0rlowski, it was
RESOLVED that whereas, a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of James Dean
#188 was submitted to the Planning Board on February 5, 1980, and
an application fee of $20 was paid on March 4, 1980, and
WHERFt&S, a public hearing was held on the said subdivision
application and Plat at the Town Hall in Southold, New York, on
April 7, 1980 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
James Dean for approval of said subdivision plat prepared by
Roderick Van Tuyl, P. C. and dated February 19, 1980 be approved
subject to the following modifications, and that the Chairman of
the Planning Board be authorized to endorse approval on said
subdivision Plat upon compliance by the applicant with such
modifications as listed below.
Modification of said Plat to show the following conditions
of the Suffolk County Planning Commission:
1. No residential structure shall be located within 100
feet of the upland edge of the tidal marsh.
2. No sanitary disposal facility shall be located within
100 feet of the upland edge of the tidal marsh.
A conservation buffer or easement at least 50 feet in
width shall be established over that portion of the
property adjacent to the tidal marsh. The area within
the buffer or easement shall remain in its natural state.
No stormwater runoff resulting from the development or
improvement of the lots shall be discharged directly
into the marsh area.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Whitcem Investment Company. Mr. Raynor read the letter from the
Suffolk County Planning Commission which has returned the subdivision
as incomplete for the following reasons: (1) The proposed
subdivision is actually a major subdivision and not a minor sub-
division as the referral materials would tend to indicate. (2) No
definitive information as to disposition of parcel containing
freshwater wetlands was submitted with referral. (3) If re-
subdivided it should be returned to the Commission. It also
states that said subdivision will have-t0 be resubmitted to the
Commission with additional information to enable the Commission to
ascertain the pnrpose of the subdivision and its impact upon the
shoreline and state road. The letter referring the subdivision
to the County stated that the "Fresh Water Marsh" was proposed to
be donated to Nature Conservancy and, in any event, the Southold
Town Planning Board would not approve the map until such time as
covenants are recorded as to no development in this area. This
should reselve concern number two of the County. Mr. Lind of the
Dept. of Planning will be contacted as to what further the Planning
Board can do in this matter.
On motion made by Mr. Latham, seconded by Mr. Gordon, it was
RESOLVED that whereas, a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of Whitcom
Investment Company was submitted to the Planning Board on December
ll, 1979, and an application fee of $40 was paid on December ll,
1979, and
WHEREAS, a public hearing was held on the said subdivision
application and Plat at the Town Hall in Southold, New York, on
February 25, 1980 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, ~herefore, be it RESOLVED, that the application of
Whitcom Investment Company for approval of said subdivision plat
prepared by Young & Young and dated January 8, 1980 be approved
subject to the following conditions:
1. Consideration of the conditions of the Suffolk County
Planning Commission.
2. Receipt of restrictions and covenants for no further
resubdivision.
3. Restrictive covenants or copy of agreement concerning
the 17 plus acres of fresh water marsh.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
8:00 Public Hearing on the matter of the amendments to the Rules
and Regulat~ns governing the Subdivision of Land in the Town of
Southold. Mr. Raynor read the legal notice and presented proof of
publication in the L. I. Traveler-Watchman. The following are the
proposed amendments.
1. By amending Article II, Section A106-22, Subdivision A(2)
of said Regulations to read as follows:
(2) All applications for plat approval for minor subdivisions
shall be accompanied by a fee of fifty ($50.00) dollars, or twenty-
five ($25.00) dolAars per lot whichever is greater.
II. By amending Article II, Section A106-25 of said Regulations
by adding a new subdivision thereto to be subdivision F to read as
follows:
F. Safeguards during construction. In order to prevent
flooding, erosion or any other dangerous or hazardous condition
from occurring during the progress and completion of required
improvements, the Planning Board may require the developer,
or his contractor, to take such action, including the construction
and/or installation of temporary facilities, as the construction
inspector may recommend.
Planning Board _ -8- A__ il 7, 1980
III. By amending Article III, Section A106-33, Subdivision B
of said Regulations to read as follows:
B. Improvements. Streets shall be graded and improved
with pavements, curbs and gutters, sidewalks, drainage facilities,
water mains, sewers, streetlights and street-signs, street trees
and fire hydrants and/or firewelts. Firewells shall have an eight
inch casing and a twenty foot stainless steel screen and shall have
a pumping capacity of three hundred fifty (35) gallons per minute.
There shall be a depth of water of at least forty (40) feet. The
number and location of fire hydrants and/or firewells shall be
determined by the Planning Board. In making such determination,
the Planning Board may seek the recommendation of the Commissioners
of the Fire District in which the proposed subdivision is located.
Notwithstanding the foregoing, upon request, the Planning Board,
upon written approval of the Superintendent of Highways and the
Town Board Highway Committee, may waive subject to appropriate
conditions, such improvements as it considers may be omitted
without jeopardy to the public health, safety and general welfare.
Pedestrian easements shall be improved as required by the Planning
Board. Such grading and improvements shall be approved as to
design and specifications by the Town Superintendent of Highways
and the Town Board Highway Committee.
Mr. Raynor: As is the p~licy of the Hoard, we will ask if there
is anyone present this evening that would like to speak in opposition
to the p~oposed amendments of the Rules and Regulations for the
Subdivision of Land. Hearing none, is there anyone that would like
to speak in favor. Hearing none, is there anyone present this
evening that has some information pertaining to these amendments
that could be of some aid to this Board.
Mike Stahl: Is there any particular reason why the fee has been
raised?
Mr. Raynor: The taxpayer is subsidizing the developer.
Mr. Stahl: Would it have any effect, if approved, on the placement
of legal notices?
Mr. Raynor: It would be up to the determination of the Board.
It was one of the reasons to go through the changes that we did.
Does auyone else have anything further concerning this. Mr.
0rlowski? Mr. Gordon? Mr. Latham? Hearing no other comments,
I will declare this hearing closed.
On motion made .by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED to adopt the proposed amendments to the Rules and
Regulations of the Subdivision of Land as presented au the public
hearing held April 7, 1980, and forward same to the Southold Town
Board for its approval.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED that whereas, a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of ClementW.
Booth was submitted to the Planning Board on December 18, 1979,
and an application fee of $20 was paid on December 18, 1979, and
WHEREAS, a public hearing was held on the said subdivision
application and Plat at the Town Hall in Southold, New York, on
March 24, 1980 at 8:00 p.m., and
WHEREAS, the requirements of the Subdivision Regulations of
the Town of Southold have been met by said subdivision plat and
application,
Now, therefore, be it RESOLVED, that the application of
Clement W. Booth for approval of said subdivision plat prepared
by Roderick Van~Tuyl, P. C., and dated February 5, 1980 be approved
and that the Chairman of the Planning Board be authorized to endorse
approval on said subdivisio Plat. .
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Lloyd Terry. Mr. Latham made a field inspection of the property.
There does not seem to be a problem in the way the subdivision
has been laid out. Mr. Terry should submit six copies of the
sketch map.
on motion made by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED that the Southold~Town Planning Board declare itself
lead agency for the subdivision of property ofClement W. Booth
at Mt. Beulah Avenue~(Map #4945-6). This project is unlisted and
an initial determination of non-significance has been made.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Mr. Raynor requested that Mr. Gordon and Mr. Latham make a~ field
inspection of the property to evaluate the best location for a
road.
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED to disapprove the sketch map of the minor subdivision
of Anita McNulty and Helen McNulty said map datedsFebruary 22, 1980
as this is a set off piece of property from a total of three plus
acres and the Board considers the division of property an evasion
of the Rules and Regulations for the Subdivision of Land of the
Town of Southo~d.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Planning Board ~l -10- A~,il 7, 1980
0n motion made by Mr. Gordon, seconded by Mr. Latha$,it was
RESOLVED that the Southold Town Planning Board declare itself
lead agency for the subdivision of property of Reynold F. Blum
located at Cutchogue. This project is unlisted and an initial
determination of non-significance has beeh made.
Vote of the Board: Ayes: Raynor, Gordon, Latham
Abstain: 0rlowski
Mr. Orlowski abstained as his father and mother have a monetary
interest in the property.
On motion made byMr. Gordon, seconded by Mr. Latham, it was
RESOLVED to approve the sketch map of the minor subdivision
of Re.vnold F. Blum located at Cutchogue, said map dated April 4,
1980. '
Vote of the Board: Ayes: Raynor, Gordon, Latham
Abstain: 0rlowski
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED to disapprove the minor subdivision of property of
William A. 0sterholm located at Arshamomaque because an inspection
of the property by the Southold Town Conservation Advisory Council
has resulted in the determination by it that 90% of the property
is wetlands and that the five-foot elevation on the property
appears to be a dike.
Vote of the Board: Ayes: Razor, Gordon, 0rlowski, Latham
Perillo. The application and sketch map for a subdivision of this
property referred by the Board of Appeals were reviewed. In the
determination of the Board of Appeals it was stated that the
property had been previously subdivided by the Planning Board
before the lots became merged due to same ownership of both lots.
The Planning Board has no record of this subdivision and will
request information from the Board of Appeals regarding this
statement by it.
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 subdivision of property of Fishers Island
Development Corp. #185. This project is unlisted and an initial
determination of non-significance has been made.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Planning Board ,.~ -ll- Ai.:~l 7, 1980
On motion made by Mr. 0rlowski, seconded by Mr. Latham, it was
RESOLVED to approve the sketch map of property of Fishers
Island Development Corp. ~185 located at Greenwood Road, Fishers
Island, said map dated November 30, 1979.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
On motion made by Mr. 0rlowski, seconded by Mr. Latham, it was
RESOLVED to set 8:15 p.m., Monday, May 5, 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 Fishers Island Development Corp. #185
located at Greenwood Road, Fishers Island.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Long Pond Estates~ Section I. Mr. Wilsberg has requested that he
be allowed to make the improvements in this subdivision without
posting a bond. The Town Attorney has informed the Chairman that
this is allowed as long as no lots are offered for sale ~ntil
such time as the improvements are completed and the map filed.
It will be necessary to submit the inspection fee to the Town
Clerk before commencing construction.
On motion made by Mr. 0rlowski, seconded by Mr. Latham, it was
RESOLVED to recommend to the Southold Town Board the'~:bond
estimate for improvements in Long Pond Estates~ Section I as
presented by Lawrence M. Tuthill, Town Engineer, intthe amount of
$380,000.00.
Vote of the Board: Ayes: Raynor, Gordon~ 0rlowski, Latham
Mattituck Library site plan. Steve Tsontakis, P.E., and a contingent
from the library including Mr. Tillman andMr. Kujawskiappeared.
The report of the building inspector was read indicating that two
additional parking spaces were necessary based on the area of the
buildings. Mr. Tsontakis explained that the walls are one foot
thick and this reduces the useable area. This was not indicated
on the site plan. The south end will be illuminated by a high
pressure sodium lamp which will project to cover the rear of the
parking lot. They will designate parking spaces for the handi-
sapped. Mr. Tsontakis said consideration will be given go placing
a gravel bed in the leaching area. It was discussed that the
driveway should be widened. The Board of the Library will discuss
with the owners of Reeve Lumber the possibility of using their
parking area.
Planning Board
The following declaration was introduced by Mr. Latham and
seconded by Mr. Orlowski:
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
Theminor subdivision of Stanley and Marta Wiepzynski is a
two-lot residential subdivision of 3.485 acres located at SouthOld
in the Town of Southold.
The project has been determined nov to have a significant
effect on the environment for the following reasons:
An environmental assessmen~ 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 and because it appears that the property is
more than 300 feet from tidal wetlands it is assumed that
there is no objection nor comments by that agency.
The Suffolk County Department of Health has indicated
that problems may be encountered in obtaining potable
water due to high nitrate concentrations. In addition,
special consideration will have to be given to the
sewerage disposal systems due to poor soils in the area.
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
The sketch map of Cooke-Emerson was reviewed and it was
determined that they comply with the resolution passed by the
Board approving same. It will now be necessary for the applicant
to present six copies of the final map to process the matter and
set it for a pnblic hearing.
Planning Board ~J -13- ~_~iil 7, 1980
There being no f~rther business to come before theBoard,
Mr. 0rlowski made a motion, seconded by Mr. Latham and carried to
adjourn the meeting. Meeting adjourned at 9:50 p.m.
RespeCtfully submitted,
Henry E ~Raynor; J~., CH'a~an