HomeMy WebLinkAboutPB-08/25/1980HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI Jr.
GEORGE RITCHIE LATHAM. Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1988
A regular meeting of the Southold Town Planning Board was held
at 7:30 p.m., Monday, August 25, 1980, at the Town Hall, Main 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
Henry Lytle, Southold-Peconic Civic Association
Mike Stahl, Suffolk Times
7:30 p.m. Public Hearing on the question of the approval of the
minor subdivision of Antone and Eloise Norklun located at Orient.
Mr. and Mrs. Antone Norkltm and Mr. and Mrs. Curt Norklun appeared.
Mr. Raynor read the legal notice of hearing and presented proof of
publication in the Long Island Traveler-Watchman.
Mr. Raynor: This is a two-lot minor subdivision sent over to our
board by the Board of Appeals. Reviewing the file, sketch approval
was granted and a resolution for a public hearing was done at that
time. In the file we have correspondence to the New York State
Department of Environmental Conservation stating the Plarming Board
is lead agency. The board is in receipt of the receipt from the Town
Clerk in the amount of $50 along with the application and metes and
bounds description. I have a letter to the board regarding grading,
no new road construction or drainage facilities and under the State
Environmental Ouality Review Act we have a short Environmental Assess-
ment Form. Along with this we have a resolution from the Southold
Board of Appeals. There is no road construction and there is no
letter in here from the Superintendent of Highways. As it-is not in
the jurisdiction of the Suffolk County Planning Commission we have
no correspondence from them. 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 the minor subdivision of Antone and Eloise
Norklun situated at Orient. Hearing none, is there anyone present
this evening that would like to speak in favor of this subdivision.
Planning Board ~ ~ -2- August _j,, 1980
Hearing none, is there anyone present that has any information that
should come before this board at this time concerning this particular
proposed subdivision. Hearing none, Mr. Latham, Mr. Orlowski, Mr.
Gordon, do you have any questions? (all negative) Hearing none, I
will deem this hearing closed.
On motion made by Mr. Gordon, seconded by Mr. Latham,
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 ef£ect on the environmenT.
DESCRIPTION OF ACTION
The minor subdivision of Antone and Eloise Norklun is a two-lot
residential and business subdivision with a building existing on each
lot on 34,113 square feet of property located at Orient 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.
Because there has been no response in the allotted time
from the Suffolk County Department of Health. Services
it is assumed that there is no objection nor comments
by that agency.
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, Orlowski, Latham
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 Antone and
Eloise Norklun located at Orient was submitted to the Planning Board
on June 30, 1980 and $50 application fee was paid on August 6, 1980,
and
Planning Board ~ -3- August . ~" 1980
WHEREAS, a public hearing was held on the said subdivision
application and plat at the Town Hall, Southold, New York, on
August 25, 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
Antone and Eloise Norklun for approval of said subdivision plat
prepared by Roderick Vau Tuyl, P. C., be approved and the chairman
be authorized to endorse his approval on the map.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
On motion made by Mr. 0rlowski, seconded by Mr. Gordon, it was
RESOLVED to set 8:15 p.m., Monday, September 22, 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 preliminary
map of the subdivision of Clement W. Booth.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Eccles and Hilary Pridgen minor subdivision. Mr. Orlowski and Mr.
Raynor will make an inspection of this property before a decision is
made.
On motion made by Mr. Latham, seconded by Mr. Gordon, it was
RESOLVED that the Southold Town Planning Board declare itself
lead agency for the subdivision of property of Eccles and Hilary
Pridgen located at Laurel. This pro~ect is unlisted and an~in~tial
determination of non-significance has been made.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
On motion made by Mr. Latham, seconded by Mr. Orlowski, it was
RESOLVED to set 8:45 p.m., September 22, 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
Dawn Estates Shopping Center~ Inc.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Roger H. and Richard J. Praetorius minor subdivision. Mr. Gordon and
Mr. Latham will make an inspection of the property.
Planning Board ~.~f -4- August , 1980
8:00 p.m. Public Hearing on amendments to the Subdivision of Land
Regulations of the Code of the Town of Southold. The first amendment
is the definition of "subdivision". The second amendment is the
addition of a new section at the end of the present Subdivision
Regulations which provides that all the Board of Appeals determinations
from January l, 19?l to September 5, 1979 which are included on the
"schedule" are deemed to be approved with the same force and effec5
as if the owner had applied to the Planning Board and had obtained
approval in accordance with its normal procedures. Mr. Raynor read
the legal notice of hearing and presented proof of publication in
the Long Island Traveler-Watchman.
Mr. Raynor: As is the policy of this board with public hearings, we
will ask if anyone present has any specific problems with any of the
aforementioned amendment changes.
Diana Winecoff, North Sea Drive (Appeal #2566). Two parcels were sold
to people called Syragas. These are 100 feet on the Sound between
Kenny's Beach and McCabe's Beach. The lot sold next door to mine
has a line down the middle dividing it into two 50 foot lots. A
gentleman in the office told me that lot is undersized right now so
they couldn't appeal for two houses but come to one of the meetings
and find what it is about. There is a definite line on the surveyor's
map and the only one there and it runs from the water up half way to
Sound beach and what I am worrying about is there are a lot of empty
lots around there and if we set a precedent then everyone else that
sells there lots can do TYne same damn thing and I would like to know
what this is down here for.
Mr. Raynor: It apparently has been approved by the Board of Appeals
in 1979. We intend to talk on the specific notices tonight and go
back to the Board of Appeals and request to them at least a
reconsideration of their action. You said you spoke to a gentleman.
Do you know who you spoke to?
Ms. Winecoff: No.
Mr. Raynor: It was probably someone from the assessors' office.
Ms. Winecoff: It was sold to someone and wife. Wife was on 50% and
his name on the other. The same across the street was put down the
same way. Someone told me Carol Lounsberry and her brother had it
that way. It is too small to build one house and they said get a
variance for that and they should be if we are going to get more than
one house.
Mr. Raynor: Did you-attend any of the hearings the Board of Appeals
had? Do you have an adjacent parcel?
Ms. Winecoff: Nothing, we never got a thing.~ Other people, the man
on the left of me, Dr. Vaccaro, he, missed it, too, and he said we will
find out about it because everybody will be upset.
Mr. Raynor: If your frontage is 100 feet, what is your depth?
Planning Board -5- August .., 1980
Ms. Winecoff: We are the narrowest spot, about 350 to 375 feet
deep. A lot of people towards the end have full acres. This
person said they have to appeal to build there.
Mr. Raynor: Which apparently they have done. I have no knowledge
in that area but I will find out. I would suggest for your own
self-satisfaction you come to the office to the secretary of the
Board of Appeals and review the file.
Ms. Winecoff: Who would I speak to?
Mr. Raynor: Linda Kowalski. Is there anyone else here this evening
that has a question on a specific action?
Peter Hanlon (Appeal #2017). My objection was to property belonging
to Mr. Stanley Chase. The lot in question is directly in front of my
home and has 80 foot frontage and there is no construction within 30
feet and it is in the proximity to Mattituck Airport and I think it
constitutes a danger to' my life and property. I have two cesspools
which, in my opinion, would be a health hazard if he tried to drill a
well. As far as a well is concerned the availability of potable
public or private water supply is a necessity for a building permit
and I would doubt if he could put any residence on that piece of
property. I strongly objected because the board said it would be an
economic hardship not to grant this variance and it would not change
the character. There are three large residences for a total of 14
acres. Directly across is Homan and next is Mrs. Dexter with four
acres and next Sarkesian with eight acres. As far as it being an
economic hardship, he bought it for $48,000. He has the building and
lot for sale for $225,000 and the lot in question for $75,000 for a
total of $300,000. I don't think that margin of profit is a hardship.
In my opinion, the Planning Board should not grant a permit.
Mr. Raynor: The Planning Board has not gotten involved with this.
Mr. Hanlon: If he can put that down in writing I would appreciate it
no end. I certainly think the other thing in the zoning board that it
will change the appearance of the area. They say it won't. This is
a three-quarter of an acre on a piece of property with 50 foot front.
There are residences of four or five acres. It changes the appearance
of the area. Thank you.
Mr. Raynor: This came up about three or four months ago regarding
the approach strip to the Mattituck Airport. Several years ago we
had the property to the north and had discussed a restrictive
covenant on the westerly part of that property primarily because of
the aviation traffic which is of paramount concern to the board.~
Also, we sent it to the County and they also came back regarding this
approach. We will encompass all this in a letter to the Board of
Appeals and again ask them if they are in a position to reconsider
their action.
Mr. Tsounis: What safeguards do you intend to take to not allow this
to happen again?
Planning Board ~ -6- August _~j, 1980
Mr. Raynor: The problem arose in the fact that it never got here.
What we have set up and we set it up about six months ago is a
cross-communication between the Board of Appeals and the Planning
Board which before this had not been. A perfect example is several
of the Board of Appeals referrals where action has ~]ready been
taken where we think there is a potential problem. We put them in
a holding pattern until we see what is the reasoning for the Board of
Appeals to take that action. Prior to the Board of Appeals taking
action where it would involve a subdivision they have been requesting
of us to send an overview response letter. As soon as they get a
submission they say, do you see a problem, and quite honestly we have
bounced a few back and said we do see problems here. On ~several
occasions they have turned people down which is somethiug different
for them. It doesn't make some people happy but overall I think the
effect is good. We went from a nothing to a looking stage. What we
have before us now is mostly cleanup work and this is the big bulk
of the cleanup work which we have paged over.
Mr. Tsounis: If you say no, they can go to the Board of Appeals and
there is nothing you can do?
Mr. Raynor: There is nothing we can do. They have the final say.
Ms. Winecoff: If it turns out it is divided into two parcels, what
does one do?
Mr. Raynor: As far as the jurisdiction of their board, we will
request them after reviewing the map and if we find ~he~e is a
precedent being set to downgrade the neighborhood, we would ask them
to review it. If they tell us they used x, y and z and feel it is
legitimate that is all we can do. That leaves yourself open to any
type of civil action you would want to pursue. We have a procedure
which is known as an Article 78 proceeding which enables anyone who
feels they are an aggrieved party to go forward on that basis. Is
there anyone else that has anything? Is there anyone that wants to speak
in favor of the two proposed amendments. Hearing none, Mr. 0rlowski,
Mr. Gordon, Mr. Latham? (all negative) There being no other comments
I will declare this hearing closed and thank you for coming down this
evening.
0n motion made by Mr. Latham, seconded by Mr. Gordon, it was
RESOLVED in the matter of the Minor Subdivision of Whitcom
Investment Company to over-ride that part Of Suffolk CountyPlanning
Commission condition #5 which reads as follows: "Access structures
shall be limited to one for every two lots located on or near the lot
line common to two ~lots and shall be shared by the owners of the two
lots." The reasons for this over-ride are as follows:
1. The Planning Board does not feel that access structures for
each lot would impose any serious problem in the disturbance of the
Sound bluff.
Planning Board -7- ~ugust t <, 1980
2. A potential of liability also arises with dual possession.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
8:30 p.m. Public Heariug on the question of the approval of the
minor subdivision of Ronald & Edith Reese located at Southold.
Harold Reese appeared. Mr. Raynor read the legal notice of hearing
and presented proof of publication in the Long Island Traveler-
Watchman.
Mr. Raynor: This is a minor subdivision of four lots on property in
excess of eight acres. In going through the file, there is a
resolution by the board setting tonight as a hearing, a short
Environmental Assessment Form signed by the applicant with regard
to the State Environmental Quality Review Act, computation of drainage
and road profiles and going back beyond this there is an old map
where the property was a major subdivision and would not have a
bearing. This property is cut from a major subdivision down to a
minor. The yield on the original was eight lots to four lots. As
there is no new highway construction there is no correspondence from
the Superintendent of Highways. Under the old map of eight lots in
1978, the proposal was considered to be satisfactory to the Suffolk
County Department of Pl&uning. This will have to go out in connection
with the State Environmental Quality Review Act. I have a receipt in
the amount of $95.00 from the applicant along with au application.
That pretty well covers the file on this. Is there anyone present
this evening that would like to speak in opposition to this proposed
minor subdivision. Hearing none, is there anyone that would like to
speak in favor of this proposed minor. Hearing none, is there anyone
present this evening that has any specific information that should
come before this board at this time. Mr. Gordon, Mr. Orlowski, Mr.
Latham? (all negative) Ther~ being no further questions, we will
declare this hearing closed.
Whitehead minor subdivision. Robert Gillispie III appeared.
Discuslsion was held~regarding the beach area on the Sound and the
appearance that there are two rights-of-way. Mr. Raynor wanted to
know the reasoning for dividing the beach out. Mr. Gillispie said
if a bridge was built it was felt it would be from lot Iaud they
would need a beachhead. They do not intend to build a bridge at the
present time. Mr. Gillispie saidMrs. Whitehead owns the right-of-
way that is shown on the map. The other right-of-way services the
minor subdivision of David Gillispie. The BOard iiid not want to put
Campbell in a position to have right-of-ways all around him. Mr.
Gillispie said Whiteheads have no rights over that right-of-way of
Campbell. Lots 3 and ~ will use the 15 foot right-of-way on the east
side of lot 2 to get to Dam Pond. There was discussion regarding the
150 foot being at right angles for lot 2. Mr. Gillispie wanted to
provide at least a 20 foot side yard for the large house on lot 1.
Planning Board -8- August ~, 1980
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED that the Southold Town Planning Board declare itself
lead agency for the subdivision of property of Norman and Mary. Ruth
Whitehead. 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. Latham, seconded by Mr. 0rlowski, it was
RESOLVED to approve sketch map dated March 5, 1980 of Norman
and Mary Ruth Whithead located at East Marion subject to realignment
of lot 2 to create right angles at 150 foot frontage.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED to approve the request of Susan Hallock to change
the position of lot line between two parcels due to the location of
the septic wells on lots numbers 2 and 3 in the Minor Subdivision of
George H. Wells Estate at Peconic.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Ga~eski. This is a referral from the Board of Appeals and will also
be a minor subdivision. The Board feels the property is adequately
drawn as is and no.variances should be given. This is apparently
derived out of a 16 acre piece of property which will se~'a precedent
for the remainder of the tract. The original makes more sense than
the appeal.
Witherspoon cabana property. The board does not feel the property
should be divided. The topograph doesn't lend itself to a split.
There is a question as to the availability of a fresh water supply.
By the elevations the property is obviously in the flood plain.
There is no consideration to a 100 foot setback from the sound.
Long Pond Estates. The board reviewed the letter of Ernest Wilsberg
regarding the bond estimate as prepared by Lawrence M. Tuthill, Town
Engineer. A copy of the letter will be sent to Mr. Tuthill with a
request for an explanation.
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
Planning Board .... -9- August ~,~, 1980
RESOLVED to recommend to the Southold Town Board release of
the bond for the improvements in the subdivision known as "Shorecrest
at Southold", pursuant to inspection report #145 of John W. Davis,
Planning Board Inspector, indicating all work called for in the bond
estimate has be~en completed.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
Walter Gatz subdivision. A letter has been received from Young &
Young regarding conditions imposed by the Town Engineer on this
subdivision. The Planning Board will request that John W. Davis,
Planning Board Inspector, and Lawrence M. Tuthill, Town Engineer,
review the comments and attend the next regular meeting on September
22, 1980 to review same.
The following proposed budget for 1981 will be submitted to
Supervisor Pell and the Town Clerk as per law.
Office Supplies $ 500.00
Advertising for public hearings 2,000.00
Transportation, lodging for F.I. member 2,300.00
Assn. of Towns & Educational meetings 1,800.00
Office equiDment 500.00
N. Y. Planning Federation dues 55.00
Members' salaries - 4 @ $4,500
i @ $6,500 (chairman) 24,500.00
Secretary's salary increased by $3,000
plus cost of living index 13,600.00
Planning Board inspector 3,500.00
Planning Board engineer 500.00
Professional or legal counsel 3,000.00
plus
The Planning Board is in agreement with the proposed change of lot
line for George and Barbara Koch which involves the minor subdivision
of Clement W. Booth at Mt. Beulah Avenue, Southold.
Richmond Creek Farms. The map of this subdivision will be referred
to the Soil & Water Conservation District of the Department of
Agriculture in Riverhead for its comments on the swale drainage.
Louise Ehlers minor subdivision. Mr. Orlowski and Mr. Raynor will
make an inspection of this property to determine the buildable land.
Planning Board -10- August , 1980
Motion was made by Mr. Latham, seconded by Mr. Gordon and
carried to approve the minutes of the regular meeting of July
14, 1980.
Motion was made by Mr. 0rlowski, seconded by Mr. Gordon and
carried to approve the minutes of the regular meeting of July
28, 1980.
A letter will be written to the Zoning Board of Appeals requesting
that they review the items that were complained about at the public
hearing held previously this evening on the grandfathering of their
actions.
Nina Stevens. Maps have been received in which this subdivision
has been changed to a four-lot minor. Mr. 0rlowski will check out
the location of the road in relation to the proposed east-west
road.
There being no further business to come before the Board, Mr.
0rlowski made a motion, seconded by Mr. Latham and carried to adjourn
the meeting. Meeting adjourned at 9:37 p.m.
Respectfully submitted,
Muri~Z Tolman, Secretary
Henry E. (Raynor, Jr./ Chair~h