Loading...
HomeMy WebLinkAboutPB-11/14/1979 P D T(-- HENRY E. RAYNOR, Jr,.Chairman FREDERICK E GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Wednesday, November 14, 1979 at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Member Frederick E. Gordon Member Bennett Orlowski, Jr. Member G. Ritchie Latham, Jr. Millicent Gossner, League of Women Voters Absent was: Member James Wall (illness in family) 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of property of Zena and Rhoda Kaplan located at Eas~ Marion. Mr. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Times. Present were Bernard and Rhoda Kaplan and about ten people from East Marion. Mr. Ray-nor: We have in the file a legal description of the property, letter from the Suffolk County Department of Health Services dated October 29, 1979. Dear Mr. Raynor: We are in receipt of your letter dated October 23, 1979. A precursory review of the above referenced project indicates conditions are suitable for individual sewage disposal systems and water supply, provided public water is available. /s/ Royal R. Reynolds, P.E. Mr. Raynor: We also have in the file the following letter from the Department of Environmental Conservation. Planning Board -2- November l~, 1979 Dear Mr. Raynor: With regard to the minor subdivision of property of Zena & Kaplan located at East Marion, New York, the NYS Dept. of Environmental Conservation has no objection. However, if any development on the access parcel to Gardiner's Bay is proposed at some future date, three copies of the plans and a completed application form should be submitted to NYS DEC. /s/ Robert Thurber Mr. Raynor: We have in the file transmittal letter to the Suffolk County Planning Commission and sketch plan approval of the map. There is a resolution declaring lead agency in regard to the State Environmental Quality Review Act. We have a letter addressed from our board to the DEC in regard to the SEORA saying if we didn't receive written comments we would assume the agency has no objection. We have the application for a subdivision and the short Environmental Assessment Form. Missing from the file presently is the fee for filing and also in an earlier discussion with the applicant, the Board asked for a voluntary covenant from the applicant regarding the remainder of the property. As there is no road construction intended we have no correspondence from the Superintendent of Highways. That pretty much completes our file. As is the procedure we would ask if there is anyone that would like to speak with an objection to the minor subdivision of property of Zena and Rhoda Kaplan located at East Marion. Marie Smith: What does a minor subdivision mean? Mr. Raynor: A minor subdivision under the Southold Town Subdivision Regulations is a subdivision of property with four or less lots. Ms. Smith: On 44 acres? Mr. Raynor: It could be on any number of acres. That is why we have asked for a voluntary covenant for the remainder in case some- body would want to develop that parcel at a later date. In the lower left-hand corner you will find that any alteration or change of lot line would have to come before the Board at a future time. Mrs. McDonald: That means if one of the four wanted to subdivide further they would have to go through the whole works? Mr. Raynor: Yes. Patricia Volinski: You say there is no other road going in there? They are using Shipyard L~ne as the access road? Mr. Raynor: Yes, they are using Shipyard Lane. It will be as you see it on the map. In other words, Shipyard Lane is going to be the only road. Mrs. Volinski: Is that still agricultural-residential? Planning Board -3- November 14, 19~9 Mr. Raynor: It is agricultural-residential. Mrs. McDonald: Where does the Dawn Estates Shopping Center name come from? Mr. Raynor: It's a boundary description. Mrs. Volinski: Does this include that garden down there, all the land that Sep farms, or that garden where the big hedge is? Mr. Latham: I believe it does. Mrs. Volinski: To the stone pillars? Mr. Latham: Yes. Mr. Raynor: Is there anyone else that has an objection concerning this particular subdivision? Hearing none, is there anyone present that would like to speak in favor of this proposed subdivision? Mr. Kaplan: I am representing Zena and Rhoda Xaplan. I simply want to submit the covenant requested by the Board. Mr. Raynor: Thank you, Mr. Kaplan. Is there anyone else this evening that would like to speak in favor of this subdivision? Is there anyone this evening that would like to have a comment or imput to this Board that may be neither for nor against this subdivision but which this Board should be knowledgeable about? Mrs. McDonald: Is there any way to find out the intend of the Kaplan people as far as further subdividing it or do they intend to put up four beautiful residences? Mr. Raynor: This goes beyond the parameter of the Board. The only thing I can say is they are here if you would like to talk to them after the hearing. Is there anyone else that would like to be heard? None of the members of the Board present had any questions. Mr. 0rlowski moved for the adoption of the following. Mr. Gordon seconded the motion. Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Zena and Rhoda Kaplan is a three-lot Planning Board -4- November 14, 1979 subdivision of 46.465 acres located at East Marion. 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 Dept. of Environmental Conservation states that it has no objection but if any development on the access parcel to Gardiner's Bay is proposed at some future date application must be made to the NYS DEC. The Suffolk County Department of Health Services has indicated that a precursory review of the above referenced project indicates conditions are suitable for individual sewage disposal systems and water supply, provided public water is available. 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 Miss Muriel Tolman, Secretary, Southold Town Planning Board, Town Hall, Southold, New York 11971. A copy of this determination is to be sent to Commissioner Robert Flacke, Dept. of Environmental Conservation at Stony Brook, Suffolk County Planning Commission, Department of Health Services, Southold Town Supervisor James F. Homan and the Building Inspector. A copy will be posted on the Town Clerk's Bulletin Board. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham Mr. Raynor designated Mr. Gordon as vice-chairman of the Southold Town Planning Board. Mr. Orlowski made a motion, seconded by Mr. Gordon and carried to approve the minutes of the regular meeting of September ll, 1979. Mr. Gordon made a motion, seconded by Mr. 0rlowski and carried to approve the minutes of the special meeting of September 28, 1979. Mr. Gordon made a motion, seconded by Mr. Latham and carried to approve the minutes of the regular meeting of October l, 1979. Mr. Gordon made a motion, seconded by Mr. 0rlowski and carried to approve the minutes of the regular meeting of October 18, 1979. Mr. Gordon made a motion, seconded by Mr. Latham and carried to approve the minutes of the regular meeting of October 29, 1979. Planning Board -5- November 14, 1979 Mr. Raynor reported on a meeting which he attended on November 8, 1979 at the Supervisor's office. Present at that meeting were Supervisor Homan, Mr. Raynor and representatives of the Economic Development Administration of the U. S. Dept. of Commerce. The Town Board upon request of Supervisor Homan will assume jurisdiction for funding of any project that arises at the Mattituck Inlet area. There were many possible uses discussed including recreational, commercial and marine research. On motion made by Mr. Latham, seconded by Mr. Gordon, it was RESOLVED to set 7:30 p.m., Monday, December 3, 1979 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 George L. Penny IV located at Southold. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham 8:00 p.m. Public Hearing on the question of the approval of the minor subdivision of E. M. Kontokosta located at East Marion. Present were E. M. Kontokosta, Richard Lark, Esq., Bernard and Rhoda Kaplan. Mr. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Times. Mr. Raynor: We have correspondence in the file from the Suffolk County Dept. of Planning. Dear Mr. Raynor: It was the consensus of the members of the Commission that the referral of the proposed subdivision is premature and incomplete. The Commission feels that it will be difficult to evaluate the impact of this proposal on the adjacent body of water, Gardiner's Bay, on the basis of the information provided. Of particular concern is the general, low lying nature of the tract, the proposed plans to develop Lots i and 2, and whether the devel- opment will be a condominium. It is suggested that information be provided on these aspects of the subdivision. In addition, information should be provided on the zoning aspects of this proposal; that is, does the zoning ordinance allow the type of development proposed. /s/ Charles G. Lind, Chief Planner Mr. Raynor: There is a copy of the legal notice, a copy of letter approving the sketch map and setting the public hearing for tonight. There is a copy of a letter from this office to the Planning Commission with the following comments. "This property is zoned M-1 General Multiple-Residence District. Mr. Kontokosta is seeking Planning Board -6- November 14, 1979 a subdivision into three lots. Upon approval of same, he will present an application to the Board of Appeals of the Town of Southold in regard to Lots i and 2. He is seeking a Special Exception to the Zoning Ordinance, Article V, Section 100-50 B (3) (4) and C(2) for permission to erect a 28 unit apartment complex with 21 motel units and a coffee shop. If he is success- ful with obtaining the special exception, he will be back to the Planning Board for site plan approval. At that time, the roads and drainage and grading will be defined and the maps will again be presented to your agency for comment." We have affidavit of ownership and filing fee and the Environmental Assessment Form. The application is in the file. I have in the file also in regard to the State Environmental Quality Review the short environmental assessment form filed by the applicant, a certificate of disclosure. There is correspondence in the file to the New York State Dept. of Environmental Control with regard to lead agency status. We have in the file from the building inspector a letter addressed to Zena and Rhoda Kaplan that the tax maps show "that you have divided your property on the westerly side of Shipyard Lane and the bay in East Marion. I have not found approval by the Planning Board of a subdivision. A division of any parcel into two or more lots is a subdivision, and the subdivider shall apply to the Planning Board for approval. I am bringing this to your attention so you may apply to the Planning Board. There is also a lot created not adjoining a street." This is signed by George H. Fisher, Sr. Building Inspector. We have the following letter in the file from the N. Y. State Dept. of Environmental Conservation. D3ar Ms. Brush: Pursuant to a recent telephone conversation between Mr. Raynor and Mr. David De Ridder of my office, I am enclosing a copy of our Tidal Wetlands Application, site plan and EAF (short form). We understand the Town wishes to be designated lead agency under SEQR and are notifying the applicant, Mr. Kontokosta, of this letter. As we must consider our application incomplete until notified by you of your decision concerning the significance of the project, please keep us informed of whatever action you may take on this project. /s/ Roy L. Haje Mr. Raynor: We have another short environmental assessment form and correspondence from the Dept. of Environmental Conservation with regard to tidal wetlands application. Their comments are "While this project is unlisted making coordination optional, we should like to know if you desire lead agency status, and, if so, your determination of significance for the project." That pretty well completes the file. Is there anyone who has an objection to this proposed three-lot minbr subdivision by E. M. Kontokosta? Planning Board -7- November lb, 1979 Gordon Rackett: I am one of many, many people who are dead set against this project. Anything we can do to stop it we will do. Aside from the fact that East Marion is already overloaded with motels, hotels and so forth I wonder how they are going to arrange the cesspools there. I think where the building is to take place is is three feet above sea level. That is my biggest technical question and I will try to scrape up some other good reasons. What kind of statement will you people accept? Mr. Raynor: The reason for this hearing has really nothing to do with the proposed apartment complex. This is only a subdivision of land into three lots. It is by special exception of the Board of Appeals that this use is granted. All we are doing is holding a public hearing on the map we have sent out to you. It is a division of the property. Mr. Rackett: Then it doesn't amount to too much. Marie Smith: How does this tie in with the meeting tomorrow night? Mr. Raynor: I don't know if it is on the Board of Appeals' agenda tomorrow night. Mrs. Smith: We expected a good group. We read two notices. It is before the Board of Appeals at 7:50 for special exception of the zoning ordinance. I think a lot of people didn't read the Suffolk Times. I think they thought there was no meeting tomorrow night. Is there? Mr. Raynor: Yes, ma'am, that is probably what you have reference to. Is there anyone else that is opposed to this three-lot subdivision? Mrs. McDonald: This has nothing to do with the road? Mr. Raynor: This is for division of the property only. Is there anyone that would like to speak in favor of the proposed subdivision. Richard Lark, Esq.: I move for the adoption of the preliminary subdivision. The letter you wrote to the Suffolk County Planning Commission pretty well describes the status of the matter of the map as presented to you. It does comply with all the rules and regulations of the Planning Board and the rules and regulations of the subdivision of land. Mr. Raynor: Is there anyone else this evening that would like to speak in favor of this proposed subdivision? Hearing none, is there anyone here that has some imput with regard to this property that would be relevant to this property being divided into three lots? Patricia Volinski: I was down there the other day walking and there is a big test well of some sort. I wonder why it was left open and who did it. Why was it done? Planning Board -8- November 14, 1979 Mr. Raynor: It wouldn't come under our jurisdiction. The Suffolk County Dept. of Health may be testing wells. Maybe you could speak with the applicant after the hearing. Is there anyone else that has any imput they would like to speak with us on. Hearing none, Mr. 0rlowski, Mr. Gordon, Mr. Latham, have you anything? (All answered in the negative.) There being no other comment, we will declare the public hearing closed and thank you all for ccming this evening. On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED to refer to the Southold Town Conservation Advisory Council the map of the major subdivision of Macari located at Laurel with a request for its comments and recommendations on the use pf a natural recharge area. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham Sebastian's Cove subdivision. Richard Lark, Esq., appeared before the Board. The Board has received amended preliminary maps and road profiles along with a letter from Mr. Toumanoff with regard to same. Mr. Lark has requested that these be channeled through the U. S. Dept. of Agriculture Soil and Water Conservation District in Riverhead for its study and comments. The chairman indicated to Mr. Lark that the plan is at variance with any specifications of the town and the roads planned are substandard. A suggestion was made that lot 3 contain a conventional recharge basin. The maps will also be sent to Lawrence M. Tuthill, Town E~gineer; John W. Davis, Planning Board Inspector; and Supt. of Highways Dean, with a request for their comments. 8:30 p.m. Public Hearing on the question of the approval of the minor subdivision of John C. and Frank J. Diller located at Peconic. Mr. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Times. Mr. Raynor: Notice has been sent to the New York State Dept. of Environmental Conservation with regard to the State Environmental Quality Review Act and the time has not expired. There is a letter of transmittal to the Suffolk County planning Commission along with a statement regarding grading, road construction and drainage. Mr. Diller is separating the homestead from the farm in order to sell same. There are two copies of the application and letter regarding drainage for the county and short environmental assessment form. That pretty well completes the file. Is there anyone present this evening that would like to speak in opposition to this proposed minor subdivision? Hearing none, is there anyone present that would like to speak in favor of this subdivision? Is there anyone present that has any imput with regard to this subdivision that the board should be aware of? Has any member of the board Planning Board -9- November 14, 1979 any questions? (All answered in the negative.) There being no further discussion I will declare the public hearing closed. Cutchogue Joint Ventures. Richard Cron, Esq., appeared. After several attempts by members of the board to find stakes placed at this subdivision by Young & Young, it was decided that a joint meeting would be arranged with Mr. Young to meke an inspection of the property. Whitcom Investment Company. Richard Cron, Esq., appeared. Mr. Cron has been in contact with Nature Conservancy regarding their acquiring the wetlands at this site. He should know by December i what their plans are but if they decline the offer of the property Mr. Cron would like to covenant the property as to any future development of it. Mr. Cron will present maps of the property eliminating the parcel shown as lot 5 as that has been released and sold out. Knights of Columbus site plan. Richard Cron, Esq., went over the conditions for site plan approval as outlined by the Board. He will secure the proper maps for the board. 9:00 p.m. Public Hearing on the question of the approval of the ~ minor subdivision of William L. and Muriel A. M~-phy located at ~y~ Cutchogue. Mr. and Mrs. Murphy attended the hearing. Mr. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Times. Mr. Raynor: In reviewing the file we have a letter from this board to the New York State Dept. of Environmental Conservation requesting lead agency status, comments to be in the office by the 23rd of November. We have correspondence with regard to setting the hearing snd declaring ourselves lead agency. We have receipt of fee of $40 and notice of transmittal of copies to the Suffolk County Planning Commission. There has been no County resolution to date. Any action the board would take would depend on the County response. There is a short environmental assessment form completed and a survey and application and a letter with regard to the grading. There is no road construction. Therefore, there is no letter from the Superintendent of Highways. As is the custom of this board, I will ask if there is anyone present this evening that would like to speak in regard to the proposed subdivision of property of William L. and Muriel A. Murphy. Hearing none, is there anyone that would like to speak in favor of this subdivision? Hearing none, is there anyone that has any- thing that should be brought before this board at this time? Do any members of the board have any questions? (All answered in the Planning Board -10- November 14, 1979 negative.) There being nothing further, we will deem this hearing closed. Mr. Gordon moved for the adoption of the following. Mr. Latham seconded the motion and it was carried. Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Whitcom Investment Company is a four-lot subdivision of 40 acres, more or less, located at Orient. 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 states that the area in question contains a freshwater wetlands at its southern half. There- fore, any activity within 100 feet of the wetlands boundary will require a, permit from their office. The Suffolk County Department of Health Services indicates that a precursory review indicates that adequate soil conditions are anticipated for individual sewerage systems and that data on file indicates that the water supply in the area is limited to a lense of between 12 and 25 feet of fresh water. 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 Miss Muriel Tolman, Secretary, Southold Town Planning Board, Town Hall, Southold, New York 11971. A copy of this determination is to be sent to Commissioner Flacke, Dept. of Environmental Conservation at Stony Brook, Suffolk County Planning Commission, Department of Health Services, Southold Town Supervisor James F. Homan and the Building Inspector. A copy will be posted on the Town Clerk's Bulletin Board. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham Planning Board -ll- November l~, 1979 Mr. Gordon moved for the adoption of the following. Mr. Latham seconded the motion. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Robin A. Raeburn and Mary Elizabeth Murphy, was submitted to the Planning Board on February 23, 1979, and an application fee of $30 was paid on February 23, 1979, and WHEREAS, a public hearing was held on the said subdivision application and Plat at the Town Hall in Southold, New York, on October 18, 1979 at 9:00 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision Plat and application except as noted below. Now, therefore, be it RESOLVED, that the application of Robin A. Raeburn and Mary Elizabeth Murphy for approval of said sub- division Plat prepared by Roderick Van Tuyl, P.C. and dated September 26, 1979 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 noted below. Consideration of the Southold Town Plann&ng Board of conditions of the Suffolk County Planning Commission, any. if 2. Approval by the Southold Town Board of Appeals of adequate access to the property. 3. Continuance of the right-of-way for 150 feet through lot 3. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham Mr. Gordon moved for the adoption of the following. seconded the motion. Mr. Latham Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Cleaves Point~ Section IV is a four- lot subdivision of property located at East Marion. The project has been determined not to have a significant Planning Board -12- November 14, 1979 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 Conserva- tion has indicated that the state has no jurisdiction since the property is beyond 300' from the nearest Tidal Wetlands. The Suffolk County Dept. of Health Services has not replied in the allotted time indicating that it has no objection. 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 Miss Muriel Tolman, Secretary, Southold Town Planning Board, Town Hall, Southold, New York 11971 Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Latham, seconded by Mr. 0rlowski, it was RESOLVED that the Southold Town Planning Board declare itself lead agency in the matter of the subdivision of property to be known as Richmond Creek Farms. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham Mr. Lawrence M. Tuthill, Town Engineer, appeared before the Board and requested that the developers of the subdivision to be known as "Sunset B~uffs Estates" submit plans for the stairs to the beach. Upon receipt of same Mr. Tuthill will draw up the bond estimate to include this item. Forquer minor subdivision. This is a contemplated division of property north of Oregon Road. It was the consensus of the Planning Board that the whole block should be taken in consideration for the future. The Planning Board will schedule a special meeting with representatives of the Suffolk County Planning Commission to study this matter. The Shipule and Uhlinger subdivision maps were to be sent back to Van Tuyl to be drawn up on a 100' = l". The right-of-way on the Uhlinger map should be changed to 25' in width. Planning Board -13- November 14, 1979 On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board declare itself lead agency in the matter of the minor subdivision of property of Joseph Shipule. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board declare itself lead agency in the matter of the minor s~bdivision of property of Thomas and Karen Uhlinger. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Orlowski, seconded by Mr. Gordon, it w~s RESOLVED that legal notices of hearings be placed in only the official paper of the Town of Southold with the exception that if it is a Fishers Island hearing it be published in the Day. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED that because modifications have been submitted to the Planning Board, the bond for improvements has been presented to and accepted by the Town Board, and the inspection fee has been received by the Town Clerk, the Chairman be authorized to sign the map of Richmond Shores at Peconic. There being no further business to come before the Board, Mr. Orlowski made a motion, seconded by Mr. Latham and carried to adjourn the meeting. Meeting adjourned at 9:50 p.m. Respectfully submitted, Muriel Tolman, Secretary enry E~Raynor, Jrj, chairman