HomeMy WebLinkAboutPB-07/28/1980HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM, Jr.
Southold, N.Y. 11971
TELEPHONE
765-19~
A regular meeting of the Southold Town Planning Board was held
at 7:30 p.m., Monday, July 28, 1980 at the Town Hall, Main Road,
Southold, New York.
Present were:
Henry E. Raynor, Jr., Chairman
Frederick E. Gordon, Vice,Chairman
G. Ritchie Latham, Member
Bennett 0rlowski, Jr., Member (8:10 p.m.)
Paul Demery - L. I. Traveler-Watchma~ (a short time)
Mike Stahl, Suffolk Times
Ronald & Edith Reese minor subdivision. Albert Albertson, Jr.
appeared before the board for clarification of the right-of-way.
It presently extends to the rear property line and property of
Zebroski. The Board willwant this 50 foot right, of-way reserved
for future dedication but at this time it will be required tb~t it
be improved for emergency access.
William Pappas and Demetriou family. These gentlemen are
contemplating the Drossos property of 7-1/2 acres which is across
the street from Drossos Restaurant. It is business-zoned and
they would like to make application for a multiple use for motels.
There is municipal water but Mr. Gordon cautioned them that there
may be trouble obtaining adequate sewage because of the clay strata.
Test borings will be necessary. The gentlemen were advised that
application must be made to the Town Board through the Town Clerk.
Dawn Estates (Cleaves Point, Section IV). Mr. Gordon made an
inspection of this property and all buildings have been demolished
and removed. The board will require six new maps showing the four
lots with a building only on lot 4. Upon receipt of these maps a
public hearing will be scheduled.
Planning Board _~r -2- ~ ~y 28, 1980
On motion made by Mr. Latham, seconded by Mr. Gordon, it was
RESOLVED to set 8:30 p.m., Monday, August 25, 1980 at the Town
Hall, Main Road, Southold, New York, as the time aud place for a
public hearing on the question of the approval of the minor
subdivision of Ronald & Edith Reese located at Southold.
Vote of the Board: Ayes: Raynor, Latham, Gordon
The Board has reviewed the proposed amendments to the subdivision
regulations as prepared by Town Attorney Tasker; The Board has
chosen to eliminate three lines and will seek the advice of the
Town Attorney as to the legality of same. The Section will read
as presented with the following removed. ,, ..... and finds that, had
the owners of the lands involved in such determinations applied to
the Planning Board for such approvals as may have been required, that
such approvals would have been granted."
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED to set 8:00 p.m., Monday, August 25, 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 following
amendments:
The Town of Southold Land Subdivision Regulations, constituting
Chapter Al06 of the Code of the Town of Southold are hereby amended
as follows:
I. By ~mending the definition of "Subdivision" contained in
Section Al06-13, to read as follows:
SUBDIVISION - The division of any parcel of land into
two (2) or more lots, plots, blocks, sites or other
divisions of land, with or without streets or highways,
including any extension of any existing~street, for the
purpose, whether immediate or future, of sale or building
development, and including resubdivision; provided, how-
ever, the term "subdivision" shall not include the set-off
or creation of a single lot from a parcel of land, provided
that before any such set-off or creation shall take place,
the owner shall submit such proposal to the Planning Board
for its approval and determination of whether such set-off
or creation constitutes a subdivision. In making such
determination, the Planning Board shall give consideration,
among other things, to:
Whether the lot to be set-off is of such
character as to be suitable for the intended
purpose without danger of flood or other perils.
Be
Whether adequate provision is or will be made for
drainage, water supply, sewer disposal and other
necessary utilities and improvements.
Planning Board -3- ~ hly 28, 1980
Whether the lot to be set-off is of such size as
to conform with the present or future development
of neighboring lands.
De
Whether the proposed set-off will be consistent
with the present or future stre~t~lay~out of the
neighborhood.
E. Whether the proposed set-off will require the
extension of municipal facilities or services.
F. Whether the proposed set-off will be iu harmony
with the future growth and development of the town.
G. Whether adequate means of access and off-street
parking are provided.
H. Whether the proposed set-off will adversely affect
present or future uses of neighboring lands.
If the Planning Board grants approval to set-off a lot as
hereinbefore provided, it may impose such conditions as it deems
necessary or appropriate.
II. By ~mending said Chapter Al06 by adding a new Section
thereto, to be Section A106-53 to read as follows:
Section A106-53 Approval of Board of Appeals Actions
Heretofore and between the period from January l, 1971
and September 5, 1979, the Board of Appeals made certain
determinations en appeals to it involving area variances
and/or the relocation of lot lines and/or the set-off of
lots, all of such determinations being set forth on a
schedule caused to be compiled by the Planning Board. Many
of the Board of Appeals determinations on said schedule may
have required approval by the Planning Board. However, due
to misunderstanding, inadvertence or oversight, the owners
of the lands involved did not thereafter apply to the Planning
Board for its approval. In the intervening time, many of
the lands involved in such Board of Appeals' determinations
have been sold, and/or built upon in reliance upon the Board
of Appeals' determinations and the subsequent issuance of
building permits and/or certificates of occupancy. The
Planning Board has reviewed all of the determinations set
forth on the aforesaid schedule. In view of the foregoing,
the Planning Board (and the town board as evidenced by its
approval of this amenSment) determines that ~n extreme hard-
shipi~would be caused if such owners were, at this time,
required to obtain approvals from the Planning Board.
Accordingly, it is hereby determined that any Planning Board
approvals that may have been required with respect to the
Board of Appeals determinations~ set forth on said Schedule
are hereby deemed to have been granted with the same force
and effect as if the same had been submitted to and approved
by the Planning Board in accordance with the applicable laws
and regulations. It is further determined that said Schedule
Planning Board v -4- ~tY 28, 1980
shall be endorsed by the Chairman of the Planning Board
and filed in the Town Clerk's office simultaneously with
the effective date of this amendment.
Vote of the Board: Ayes: Raynor, Gordon, Latham
8:00 p.m. Public Hearing on the question of the approval of the
minor subdivision of Anita McNulty and Helen McNulty located at
Laurel. John Diller, Esq., appeared on behalf of the applicants.
Mr. Raynor read the legal notice of heariug and presented proof of
publication in the Long Island Traveler-Watchman.
Mr. Raynor: In the file we are in receipt of the filing fee,
form to the Suffolk County Planning Commission, correspondence to the
New York State Department of Environmental Conservation in regard to
the State Environmental Quality Review Act, resolution approving
sketch plan and setting Planning Board as lead agency and setting
tonight for the hearing, legal notice, correspondence from Mr. Diller
along with the decision from the Board of Appeals setting off the
property and the metes and bounds description and application in
duplicate, short environmental assessment form, drainage and grading
statement and certificate of title. As there is no road construction
there is nothing in the file from the Superintendent of Highways.
As is the policy with this board, we will ask if there is anyone
present this evening that would like to speak in opposition to this
proposed subdivision. Hearing none, is there anyone present this
evening that would like to speak in favor of this subdivision.
Mr. Diller: I am here primarily to answer any remaining questions
the board might have. It is obvious since we started back in
February with the Zoning Board of Appeals and now with you gentlemen
that we are in favor of the application. In connection with the
proceeding before the Zoning Board of Appeals where adjoiuing
property owners received notification I did get letters from the
people from the east indicating they were in favor. (Mr. Diller
read letters from Mr. and Mrs. Ehlers and Mrs. Thoet). Aside from
that, if there are any questions I would be glad to answer them.
Mr. Raynor: Is there anyone else present this evening that would
like to speak in favor of this subdivision. One of the questions
that has come up is the configuration of the properties. We usually
pick this up on sk~ch~-.~plan. I will let you look at what is marked
out. We try to avoid the flag lot configuration with every effort
because it has led to different types of problems with boundary
disputes and uses of driveways and things of this nature. We would
prefer a right-of-way going with the lots.
Mr. Diller: Wouldn't there be less chance of dispute if the lot had
a legal fee simple right to the road. If you are dealing with a right-
of-way both the front lot and back lot people can use the same piece
of property. It seems to me cleaner and clearer if what is shown
Planning Board '~, -5- ,?Rly 28, 1980
on here to the east is without question the property of the
southerly lot and the northerly lot owner cannot do anything with
it.
Mr. Raynor: All I can tell you is what we have run into is that as
a result this was why the board is bringing this up.
Mr. Diller: I would be more worried about my dependence on the other
people into a future situation.
Mr. Raynor: We would see that the covenant with regard to the
right-of-way is tied up. Your question is with lot~27
Mr. Diller: You said the problems you have run into are boundary
disputes.
Mr. Raynor: Flaglots in general have not worked out. It is a poor
planning technique.
Mr. Diller: If a while ago it had been raised it wouldn't have made
a difference. Do I have to go to the Board of Appeals on this
configuration?
Mr. Raynor: This wouldn't affect the Board of Appeals decision
because it is based on an approval from the Planning Board.
Mr. Diller: If they have approved this and now in granting the
Planning Board's approval you are changing the boundaries, isn't it
quite possible that I have to go back and start a proceding with the
zoning board?
(Mr. 0rlowski arrived at this point.)
Mr. Diller: I wonder why the surveyor did this. Is there any formal
joint meetings between yourselves and the Zoning Board in terms of
whether before you make final action there would be any way of knowing.
Mr. Raynor: We will touch base with them and get back to you. Is
there anyone else present this evening that has any information?
Mr. Gordon, Mr. 0rlowski, Mr. Latham? (all negative) Hearing none,
we will deem this hearing closed and thank you very much for coming
down.
John J. Miesner, Jr. change of zone application on property located
au ~u~cnogue zrom A Residential and Agricultural District to B-1
General Business District. Mr. Miesner and David Horton appeared.
At present there is 200 feet depth of business property at the
location. Danny Xaelin and business are on one side and Glover's
truck terminal is on the north. Across the street on Cox's Lane
it is already zoned business. Mr. Miesner owns a piece of property
of over an acre immediately to the north of this piece and Mr.
Raynor questioned wh~t would be done with this and the suitability
of this also being zoned business was discussed. Mr. 0rlowski and
Mr. Raynor will make a field inspection of the property and it will
be discussed at the next meeting.
Planning Board ~
~ -6- ~ly 28, 1980
Cyprus right-of-way. James Bitses, Esq., appeared on behalf of Mr.
Cyprus. This matter has been before the Planning Board in regard to
the change of a right-of-way which had previously been approved bY the
Planning Board inthree contio~ous minor subdivisions. The opinion
of the Town Attorney on the matter will be sent to Dr. Bloom's
attorney and to Mr. Bitses and a decision will be made on the request
at the next meeting.
8:30 p.m. Public Hearing on the question of the approval of the
minor subdivision of Samuel B. Prellwitz located at Peconic. Mr.
Prellwitz and William B. Smith appeared.
Mr. Raynor read the legal notice of hearing and' presented proof of
publication in the Long Island Traveler,Watchman.
Mr. Raynor: In our file is receipt of the payment for the subdivision
fee, a letter from our board to the New York State Department of
EnvironmenTal Conservation with regard to the State Environmental
Quality Review Act, a letter from our board to the Suffolk County
Planning Commission, resolution approving the sketch plan, declaring
lead agency and resolving to set the public hearing, copy of the
metes and bounds description and the letter regarding drainage,
roads and grading, a copy of the application, correspondence in the
file in regard to action by the board of appeals, a short environmental
assessment form, correspondence from the adjoining owner, Jody Adams,
and other copies of the submission. As is the policy, is there any~me
that would like to speak in opposition to the proposed subdivision.
Hearing none, is there anyone present that would like to speak in
favor? We have had this before us with several configurations. Is
there anyone present that would like to speak in favor or has any
information that may be either pro or con?
Mr. Smith: Did the committee find everything satisfactory in
reviewing it?
Mr. Gordon: The only question was on the right-of-way and the
engineer is going to, inspect it to see if it is a suitable right-of-
way as far as the base and everything. I am sure it is.
Mr. Raynor: We have not gotten anything back from the County or from
our inspector yet. It is conceivable we will do something with
regard to the width of the right-of-way but what if any additional
construction is mandated would be the determination of the board after
getting a field report from our inspector. You gentlemen have any
questions? Mr. Gordon, Mr. Latham, Mr. 0rlowski?
Mr. Gordon: Do you have any trouble with two cars passing on the
right-of-way?
Mr. Prellwitz: Cars would have difficulty in passing but all the
lots concerned have access to Indian Neck Lane.
Mr. Raynor: Would it be conceivable to restrict your access off
your right-of-way to lot number one?
Planning Board -7- jl y 28, 1980
The secretary brought to the Board's attention that access had not
been provided to the beach for the inland lots.
Mr. Prellwitz answered that au error had been made on the map and
that walking access will be available to the beach and a right-of-way
will definitely be shown.
Mr. Raynor: Do you gentlemen have anything else for us? Does anyone
have anything else? (all negative) If there is no further information
we will call this hearing closed.
On motion made by Mr. Gordon, seconded by Mr. 0rlowski, it was
RESOLVED to approve the sketch map of the subdivision to be
known as Harbor Lights~ Section IV subject to road profiles,
drainage and necessary engineering.
Vote of the Board: Ayes: Raynor, Gordon, Latham, Orlowski
Cove Beach Associates. Richard Cron, Esq., appeared and questioned
the status of this subdivision. He was informed that it was in the
hands of the Town Board for its determination as to whether this
can be subdivided in the cluster concept.
Whitcom Realty Company. Richard Cron, Esq., appeared and questioned
the Suffolk County Planning Commission condition that there be a
60 foot wide area provided in the east-west right-of-way for an
eventual east-west road. All other areas have provided 50 feet.
Mr. Raynor asked Mr. Cron to submit his protest in writing.
On motion made by Mr. 0rlowski, seconded by Mr. Latham, it was
RESOLVED, that whereas, a formal application for the approval of
a subdivision plat, entitled Minor Subdivision of Lloyd E. Terry was
submitted to the Planning Board on May 13, 1980, and an application
fee of $100.00 was paid on May 13, 1980, and
WHEREAS, a public hearing was held on the said subdivision
application and plat at the Town Hall, Southold, New York, on
June 30, 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 Lloyd E.
Terry for approval of said subdivision plat prepared by Roderick
-8- i ~y 28, 1980
Planning Board .x_~, ~
Van Tuyl, P.C. and dated April 16, 1980 and amended May 15, 1980
be approved and the chairman of the Planning Board be authorized
to endorse approval on said subdivision plat subject to the following:
1. Receipt of covenants signed by the applicant and in
recordable form stating that the property to the south owned by Mr.
Terry will be developed as a major subdivision if it should come
before this board in the future.
2. Consideration of conditions of the Suffolk County Planning
Commission.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
On motion made by Mr. Gordon, seconded by Mr. Lath.sm, it was
RESOLVED that the Southold Town Planning Board declare itself
lead agencyfor the subdivision of property of Antone J. and Eloise
Norklun. This project is unlisted and an initial determination of
non-significance has been made.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED to grant approval to the sketch map of the minor
subdivision of Antone J. and Eloise Norklun located at Orient, said
map dated June 30, 1980.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
On motion made by Mr. Latham, seconded by Mr. Gordon, it was
RESOLVED to set 7:30 p.m., Monday, August 25, 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 Antone J. and Eloise Norklun located at Orient.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, 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 Subdivisionof Robert W. BrOOks,
was submitted to the Planning Board on April 30,1980, and an
application fee of $30.00 was paid on April 30, 1980, and
Planning Board ~.. -9- ~ _jj,y 28, 1980
WHEREAS, a public hearing was held on the said subdivision
application and plat at the Town Hall, Southold, New York, on
June 30, 1980 at 8:15 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 Robert
W. Brooks for approval of said subdivision plat prepared by Chandler,
Palmer & Kiug and dated October 1979 with additions March 1980 be
approved and the chairman of the Planning Board be authorized to
endorse approval on said subdivision plat subject to the following
condition of the Suffolk County Planning Commission being placed on
the map:
The property shown on this map is located in close
proximity to Elizabeth Field, au airport, and there-
fore may be subject to noise emanating from the facility
and from aircraft taking off and landing.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
The following resolution was introduced by Mr. Latham, 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
amd Chapter /Ill 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 Robert W. Brooks is a three-lot
residential subdivision with a building existing on each lot on
~8,828 square feet of property located at Fishers Island 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.
The New York State Department of Environmental Conservation has
not indicated any objection to this project although it has
indicated that all subdivisions within 300 feet of tidal wetlands
and/or waters require a permit from that agency.
The Suffolk County Department of Health Services has not made
an objection but indicates that a precursory review indicates
that there are problems with the existing sewer line and that
individual disposal systems will be required, as well as public
water.
Planning Board ~J, -10- ~ly 28, 1980
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
9:00 p.m. Public Hearing on the question of the approval of the
minor subdivision of Rush and Elizabeth Forq~er located at Mattituck.
Richard Cron, Esq., appeared on behalf of the applicant.
Mr. Raynor read the legal notice of hearing and presented proof of
publication in the Long,Island Traveler,Watchman. Motion was made
by Mr. Gordon, seconded by Mr. Latham and carried to dispense with
the reading of the metes and bounds description if there be no
objection. There was no objection.
Mr. Raynor: I have a receipt from the Town Clerk's office regarding
the application fee, correspondence from the New York State Depart-
ment of Environmental Conservation with regard to the State
Environmental Quality Review Act, correspondence to the applicant's
attorney declaring the Town Planning Board lead agency, approving
the sketch plan and setting the time for the public hearing. I
have application for approval of plat, statement from the attorney
with regard to no grading, new roads or drainage structures and a
short environmental assessment form. That is all I have in the file.
As is the custom of this board, I will ask if there is auyon~ present
this evening that would like to speak in opposition to the proposed
subdivision. Hearing none, is there anyone present this evening
that would like to speak in favor of this proposed subdivision.
Mr. Cron: If it pleases the board, you have my reasons as to why
I felt the whole procedure was unnecessary but since we are stuck
with it I move the subdivision be approved.
Mr. Raynor: Is there anyone else present this evening that would
like to speak in favor of the proposed subdivision. Is there anyone
present that has any information that should come before the board
at this time. Mr. Gordon, Mr. Orlowski, Mr. Latham. (all negative)
There being no further questions, we will adjourn the hearing.
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 Rush M. Forquer~
Jr., and Elizabeth F. Forquer was submitted to the Planning Board on
June 24, 1980, and an application fee of $50.00 was paid on June 24,
1980, and
WHEREAS, a public hearing was held on the said subdivision
application and plat at the Town Hall, Southold, New York, on July
28, 1980 at 9:00 p.m., and
Planning Board -11- ~j]ly 28, 1980
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 Rush
M. Forquer, Jr., and Elizabeth F. Forquer for approval of said
subdivision plat prepared by Roderick Van Tuyl, P. C., dated June
20, 1980, be approved and the chairman of the Planning Board be
authorized to endorse ~oproval on said subdivision plat.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Mr. 0rlowski made a motion, seconded by Mr. Latham and carried
to approve the minutes of the meetings of May 19, 1980; June 2, 1980;
June 16, 1980; and June 30, 1980.
There being no further business to come before the Board, Mr.
Ortowski made a motion, seconded by Mr. Latham and carried to
adjourn the meeting. Meeting adjourned at 9:30 p.m.
Re spectful~submitted,
~an, Secretary
Henry ~ ~aynor,