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HomeMy WebLinkAboutPB-02/11/1980D HENRY E RAYNOR, FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. GEORGE RITCHIE LATHAM. Southold, N.Y. 11971 TELEPHONE 765- 1938 A regular meeting of the Southold Town Planning Board was held at 1:45 p.m., Monday, February ll, 1980 at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Vice-Chairman Frederick E. Gordon Member James Wall Member Bennett Orlowski, Jr. Frank Bear, North Fork Environmental Council Lawr. ence M. Tuthill, Town Engineer Paul Demery, L. I. Traveler-Watchman Mike Stahl, Suffolk Times 1:45 p.m. Public Hearing on the question of the approval of the preliminary map of the subdivision of Walter Gatz located at Mattituck, New York. Present was Richard Lark, Esq. _Mr... Raynor read the legal notice of hearing and presented proof of ~hblication in the Suffolk Times. It was noted that the Notary Stamp .Was not on the affidavit of publication. Mr. Raynor: We have in the file the shOrt Environmental Assessment Form signed by Mr. Gatz. We have correspondence from our-board to the Suffolk County Planning Commission regarding the State Environ- mental Quality Review Act. There is also correspondence to the New York State Dept. of Environmental Conservation. We have the following correspondence to the Mattituck Fire Commissioners. Gentlemen: I am enclosing map of subdivision proposed by Walter Gatz for property at Mattituck. The lot layout has been approved. We would appreciate a recommendation from you regarding the placement of fire well in this subdivision along with your recommendation as to the number that would be required. Planning Board _J -2- Fei .ary 11, 1980 Mr. Raynor: We have notice of the Town Planning Board declaring itself lead agency for an unlisted action of the subdivision of Walter Gatz. I have a letter from John W. Davis which is a review of the plans of January 4th. I have a copy of the applicatien of the applicants and receipt of filing fee for $150. Do you have a copy of the January 7 letter of Mr. Tuthill? Mr. Lark: Yes, I do. Mr. Raynor: Also on the date of February 6th we have a report from our engineer. I also have the following under date of February 6th. Gentlemen: In review of the above mentioned subdivision with Mr. Raymond C. Dean, Superintendent of Highways on Feb. 4, he made the following comments on which I concur. That the road be extended to the property line to the west. The use of the Open Space Area as the drainage recharge area with the water spread over the entire area. /s/ Lawrence M. Tuthill /s/ Raymond C. Dean Mr. Lark: May I have a copy of that at a later date? Mr. Raynor: Yes, you may. We have a letter to Mr. Stan Pauzer requesting his recommendations and comments on the proposed subdivision. There is various correspondence from the attorney to this board. There are copies of previously submitted maps going back to 1978. There is correspondence with regard to cluster of the property. There was a Suffolk County cluster review of the matter back in October of 1977. That pretty much completes the file. As is the procedure with a public hearing, I will ask if there is anyone present this afternoon that would like to speak in opposition to the proposed subdivision of Walter Gatz. Hearing none, is there anyone present this afternoon that would like to speak in favor of the proposed subdivision of Walter Gatz? Mr. Lark: I am Richard Lark, Main Road, Cutchogue. I would just respectfully urge that the preliminary approval b~ granted at this time. I fully realize we have to work out some of the details as to the exact nature of the road construction details and things of that nature. We will have to work out the exact details of the road construction at a later time at the board's convenience. I would respectfully move for board approval. The Health.Department was there last week doing the test wells. I talked to Mr. Gatz this morning ~on the phone and hopefully he will have the engineering report from Mr. Skoldnick andMr. Young. We are waiting for Mr. Skolduick's report tied in with the test hole data as to exact drainage details. Apparently they are waiting for a 'letter of the test hole data to be completed by the Department of Health. I would like a copy of the Soil and Water recommendations also when you receive it. Planning Board ~_i -3- Fe~.ary 11, 1980 Mr. Raynor: Mr. Tuthill, do you have anything you would care to comment on? I realize it is premature as we thought we would have two other recommendations here today. Mr. Tuthill: Do you have any objections to the road going to the property line? Mr. Lark: Yes, I do. Due to the topography problems I don't want to be responsible for the draining of water. It could create drainage problems. Leaving a 50 foot reservation with a proper covenant, there would be no abjection because I think there should be a reservation in case the area should develop to the west of it. I think it would be a burden to drain for it because of the topography. Mr. Tuthill: Many times throughout the town, the town never has the money to build the roads. It is never done at a later date. We Will have times when there are two roads and a small strip in the middle will be never done. Mr. Raynor: We will want to wait for the other reports as to the construction of the road. Mr. Tuthill: With this drainage I thought his idea was to pipe it to here and run out to here. Where the road is on a high bluff and you have all this open space_which could be used for a recharge area;. Mr. Lark: If the board d~scounts the swale system they said to go with the conventional road situation and then overdesign it with catch basins and leaching pools. The engineers informed me that there is suitable drainage there to take care of that road and to drain what is given from the road and not to compound it by trying to pipe it somewhere. I haven't seen the actual reports. Skoldnick hasn't drawn his final report. The test holes were just done the other day. Their thought was to have each lot that fronts on that road have a self-contained drainage system with proper covenants for dry wells not to compound feeding into the road due to the topography. Mr. Raynor: I had an opportunity to speak briefly with Mr. Davis and his indications-seem to be just the opposite. The problems of catch basins and leaching basins are more of a problem for the developer and the Town. I was waiting to see some subsoil stuff done. Mr. L~rk: That was my indication, too, until Skeldnick there would be mo~e of a maintenance problem than going the other way. Mr. Raynor: Larry, do you have anything else. Mr. Tuthill: How was the topography done? Was it aerial or what? Mr. Lark: I will find out but I think he did it by field. Mr. Tuthill: I wondered because it is so heavily wooded in there. The shoreline goes out and there is a point. You cannot stand there and see it. Mr. Lark: That is a disagreement you have with the surveyor. Planning Board~ ~,~J' -4- F~b~ary 11, 1980 Mr. Raynor: Does any member of the board have anything? (no answer) Does anyone present have any information or knowledge regarding this subdivision which may not be for or against but weuld be of information to this board. Hearing none, I will deem this hearing closed. At this point the Board met with the Town ~ttorney, Robert W. Tasker. The Board had a meeting with Mr. Tasker on May 30, 1979 regarding some changes in the rules and regulations for the subdivision of land and also some possible changes they would like to recommend to the Town Board for the Zoning section of the Code. Mr. Tasker said the Town Board started about a year ago going through the Code with the view to update it. They had one meeting and never had one since. The Planning Board will write a letter to the Town Board setting down the areas in which they would like changes. The Board is down to four subdivisions which are deficient as far as the bonding is concerned. The list will be forwarded to the Town Board and the Town Attorney. The Town Attorney feels the subdivision of the Rath Estate known as Paradise by the Bay ~hould be abandoned. The matters the Planning Board would like to be ~followed up on by the Town Attorney are the wording of the fire hydrants and fire well section and the increase of filing fees for minor subdivisions. Many times the fee does not cover the cost of publication. There was a discussion regarding site plan approval of all permitted uses in B, B-1 and C Industrial. Farm stands are included in the C Industrial because of being in residential zoning. Comments were made that there is produce being sold that has come from upstate. Mr. Tasker pointed out that this is a code violation a~d as such should be enforced by the building inspector. If something existed before zoning, it is a pre-existing non-conferming use. If stands haven't been moved back it is a ~iolation and the building inspector should act. There was discussion on the removal of trees from property. In order to stop this on property to be subdivided there would have to be a special law prohibiting the cutting of trees anywhere without prior approval. This could be recommended to the Town Board. Otherwise, when a person comes in with a sketch map he ~hould be cautioned that he cannot cut any trees during the course of the proceedings with the subdivision map without prior approval of the board. If the board is concerned with water courses, the developer should be cautioned about that also. If someone removes trees, he can be made to replace the trees or the board has the option of denying the map. Setback requirements from bay and creeks should be outlined in letter to the Town Board. In the absence of an official map there is a question about the Planning Board's authority to reserve strips for highways. Mr. Tasker said the roads should go to the line and have a lO0~foot turnaround. The Town will not accept for highway dedication unless the 100 foot turnaround is paved. The case in point was CrownLand Lane. The Board does not know what Mr. Dean may have waived in construction. Planning Board ~ -5- Fek~ary 11, 1980 In regard to Werner Adel's letter regarding possible abandonment of his subdivision, Mr. Tasker stated that 335 of Real Property Law states how it has to be prepared for abandonment. He needs release from all property owners. This is his problem and the Town has nothing to do with it. Reese Canal. A letter has been received from the DEC regarding lead agency in this matter. The Planning Board has no jurisdiction. The only other board that may have jurisdiction is the Town Board under the mining law. Mr. Tasker asked if the Board wanted him to proceed with the changes in the subdivision section of the Code before the Town Board is finished with its recodification. The answer was in the affirmative for firewells and filing fees. Money in lieu of land for park and playgrounds in subdivision was discussed. Mr. Tasker said if you are gong to accept cash you have to use that cash for purposes of a neighborhood park. The question is how far does the neighborhood extend. Mr. Orlowski stated other towns do take money. Mr. Raynor asked if in the bonding an amount could be set aside for the creation of a facility on that specific property. Mr. Tasker said if the improvement is reasonable it could probably be done. Prellwitz subdivision of property. Mr. Prellwitz, William Smith and Robert Gillispie III appeared. Mr. Prellwitz presented a five-lot major subdivision. He would rather have a four-lot minor subdivision with two houses on one lot. He would like to sell the three outside lots. He would like a waiver of road construction so the road can stay the way it is now. Mr. Raynor said there are more things to consider than just roads. There would also have to be a provision for park and playground if this is a major subdivision. Mr. Smith will represent Mr. Prellwitz on the subdivision of this property.~ Mr. Raynor requested that Mr. Orlowski be the head of a committee to make a field inspection of the property. James Dean minor subdivision. Maps were presented to the board which were not in proper form. Mr. Raynor requested that sketch maps be drawn and presented to the Board. Mr. Olsen represented the developer. Schoenhaar minor subdivision. This is a subdivision of two residential lots and two business lots all of which are undersized. This will have to be presented to the building inspector for certificates of occupancy which will be denied and then gone through the Board of Appeals for variances. If it is approved bythe Zoning Board of Appeals, it will proceed to the Planning Board for approval of a minor subdivision. Mr. Gary Olsen represents Mr. Schoenhaar. Planning Board .... 6- Feb~ ~ry 11, 1980 Maidstone Development Corp. Abigail Wickham appeared representing the applicant. William H. Price, Jr., Esq., appeared on behalf of Irving L. Price, Jr., attorney for Mr. Crystal who is an adjacent ~and owner. Mr. Latham and Mr. Gordon had made a field inspection of the property. Mr. Gordon wanted to wait untilMr. Latham could Comment on his own and also suggested that the whole board make an inspection before a decision is made as to recommendationto the Town Board. Mr. Price said Mr. Crystal is not opposed to the concept of condominiums at that location, but is concerned that at a future dame such develop- ment could be changed to a more transient type use such as a hotel or motel. He is concerned with the number of units to be constructed at the site. He finds 24 as proposed to be a reasonable number. He is concerned with the area between where these units would be ~mud Mr. Crystal's premises. He would like adequate protection and buffering between the two parcels. He is concerned with any construction on the Sound bank because his house is close to where the bank actually is and any erosion could cause irreparable physical damage to h~building. Mr. Price would like notice of all meetings that are held in relation to this project. On motion made by Mr. Gordon, seconded by Mr. 0rlowski, it was RESOLVED to table action on the request of the Town Clerk for a recommendation on the change of zone application of Maidstone Development Corporation until the meeting of February 25, 1980 for further inspection of the property. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Wall On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED to rescind the following action of the Southold Town Planning Board taken on January 7, 1980. WHEREAS, the minor subdivision of property of Briarcliff Sod, Inc. has had a public hearing by the Southold Town Zoning Board of p~eals on December 6, 1979 and has been granted a variance by that board, and WHEREAS, this waiver of the Subdivision Regulations is deemed to be in the public interest a~ a second public hearing is a duplication of effort in this matter, Now, therefore, be it RESOLVED that pursuant to Article V Section A106-50 of Subdivision of Land of the Code of the Town of Southold that the application~of Briarcliff Sod, Inc. for a m~nor subdivision of property at Peconic be granted a waiver of Article II Section A106-22E of Subdivision of Land of the Code of the Town of Southold. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Wall Planning Board ~ -7- Feb~ary 11, 1980 On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED to rescind the following action of the Southold Town Planning Board taken on January 7, 1980. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Briarcliff Sod~ Inc. was submitted to the Planning Board on November 30, 1979 and an application fee of $20 was paid on November 30, 1979,~and WHEREAS, a waiver of a public hearing was granted on January 7, 1980, 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 Briarcliff Sod, Inc. for approv&l of said subdivision plat prepared by Young and Young and dated October 10, 1979 be approved subject to the following modifications, and that the Chairman of the Plarkuing Board be authorized to endorse approval on said subdivision Plat upon compliance by the applicant with such modifications as noted below. Modification of said Plat to show the following conditions of the Suffolk County Planning Commission: Adequate drainage structures~shatI be constructed on the site to retain on the site all stormwater runoff created by the development and improvement of either lot. e All driveways shall contain a turnaround provision, such as a "T" shaped shunt, so that vehicles leaving either lot will not have to back out into the traffic stream on Main Road. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Wall The reason these two resolutions were made is that Town Attorney Robert Tasker has informed this Board that it has no power to waive any part of the regulations; it may only waive improvements. On motion made by Mr. Gordon, seconded by Mr. Wall, it was ~~ RESOLVED to set 1:~5 p.m., Monday, March~l-, 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 sub- division of Briarcliff Sod~ Inc~ located at Peconic. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Wall Planning 'Board ....... 8- Feb ~ry 11, 1980 On motion made by Mr. Wall, seconded by Mr. 0rlowski, it was RE~0LVED that on an over-view of minor subdivision of Fishers Island Development Corporation #184 in relationship to the adjacent parcels and the parcel this is proposed to be carved out of the Planning Board sees no need of road construction nor municipal drainage facilities. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Wall On motion made by Mr. Wall, Seconded by Mr. 0rlowski, it was RESOLVED that on an over-view of minor subdivision of Fishers Island Development Corporation .#185 the Planning Board sees no need of road construction nor municipal drainage facilities. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Wall On motion made by Mr. Gordon, seconded by Mr. Wall, it was R~SOLVED that on an over-view of minor subdivision of Cleaves Point~ Section IV (also known as Dawn Estates) the Planning Board sees no need of road construc_tion nor municipal drainage facilities. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Wall DeHaan application to the Board of Appeals. The Board of Appeals has written the Planning Board indicating that it does not wish to be lead agency in this matter. The Planning Board will write the Board of Appeals saying that since there is no filed subdivision with regard to this proper~y but probably in the future it should be such because it is considerably over the 40,000 square foot minimum for a building lot in the township. Consequently, at this point, Where the town agency does not wish to be lead agency under the State Environ- mental Quality Review Act requirements, it is suggested that probably the next closest agency should be the New York State Department of Environmental Conservation. Knights of Columbus site plan. This has been received in the office and Mr. 0rlowski will study same and return to the Board with a report. Planning Board /~' -9-i Feb'~'ary 11, ~1980 There being no further business to come before the Board, Mr. Orlowski made a motion, seconded by Mr. Gordon and carried to adjourn the meeting. Meeting adjourned at 4:10 p.m. .Respectfully submitted, Mur~i~l Tolman, Secretary