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HomeMy WebLinkAboutPB-10/18/1979P HENRY E. RAYNOR, Jn, Cha~rman FREDERICK EGORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jn Southold, N.Y. 11971 TELEPHONE 765-1938 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Thursday, October 18, 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. Frank Bear, North Fork Environmental Council Millicent Gossner, League of Women Voters Tim Gould, Suffolk Times (8:30 p.m.) Absent were: James Wall, illness in family G. Ritchie Latham, out of town 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of the George Wells Estate. Michael Zaneski, Burr Lewis and Herbert Wells appeared. Mr. Raynor read the legal notice of hearing and presented proof of publication. Note is made that the first distance should read south instead of north. Mr. Raynor: This is a minor subdivision. Going through the file there is a resolution of the meeting for tonight's date. There is notation in here from the Suffolk County Department of Planning. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on October 3, 1979, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Estate of George Wells", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following conditions deemed necessary to help preserve the natural and aesthetic attributes of Richmond Creek: Planning Board -2- October 18, 1979 No residential and other major structure shall be located closer than 100 feet to the upland edge of the meadow on Lots 1 and 2 and closer than 75 feet to the upland edge of the meadow on Lots 3 and 4. 2. No sanitary disposal facility shall be installed or constructed within 100 feet of the upland edge of the meadow. e No stormwater runoff resulting from the development and improvement of any lot shall be discharged directly into Richmond Creek or onto the adjoining meadow areas. A conservation easement shall be obtained over that portion of the subdivision that is designated as meadow on the map to insure its preservation in its natural state. The Commission also offers the following comments on the map for your use and consideration: A field inspection of the site' revealed at least two ditches on the east side of Wells Road that drain stormwater from the road into the meadow. In addition, there is a corrugated metal pipe under Wells Road in the vicinity of Lot 3 which discharges stormwater from the land on the west side of the road into the meadow. Before approval is granted to this subdivision it should be ascertained that the creation of this subdivision will not result in drainage problems along the road in the future. It should also be ascertained at this time if drainage easements should be acquired by the Town. The Town should also review the present means of disposal of stormwater from the road and land on the west side of the road with the purpose of eliminating the direct discharge of this runoff into the meadows bordering Richmond Creek where it may have an adverse environmental impact. /s/ Charles G. Lind, Chief Planner Mr. Raynor: We have receipt of the fee for the subdivision. We have aletter to the New York State Dept. of Environmental Conservation noting the modifications that the Planning Board has requested in the configuration of the lots as originally requested so we can allow for a greater marsh setback for the upland dwellings. We have a certificate of disclosure as to the individuals interested in the Estate of George Wells. There is a description of the property and metes and bounds survey and application. We have the short environ- mental assessment form filed by Mr. Lewis representing the Estate of George Wells. There is correspondence in the file with regard to county recommendations which we read and a letter from the applicant stating that there will be no grading other than foundation excavation, no new roads are proposed and no new drainage structures are proposed. We have in the file dated the llth of September a negative declaration pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act along with a description of the property and the action. There is a letter from the Department of Planning Board -3- October 18, 1979 Health in regard to the test wells. "The results of the test well installed on Lot 2 of the preliminary map of Herbert W. Wells indicate that individual wells, acceptable to the Department of Health Services, can be installed on each of the lots within the proposed map." There is a letter on file from the chairman of the Southold Town Conservation Advisory Council that they have reviewed this subdivision and offer the following comments. "Any construction of homes should be required to meet the Suffolk County Department of Health standards for sewage and fresh water. "Leaching field should be towards the road rather than towards the creek, at least 100 feet from the creek. "Land should be level with the street but no fill should be deposited on any spartina grasses. Lot 2 might be the most difficult to construot a house on because it is predominantly meadow. "There should be some method of retaining sand or fill so that it doesn't leach into the meadow." Mr. Raynor: Since the recommendations were forwarded to the Planning Board the Planning Board has had the maps revised to conform with their suggestion. There is a lead agency declaration from the Town to the New York State Dept. of Environmental Conservation. As this is a minor subdivision existing on a town highway there is no letter of recommendation from the Town Supt. of Highways with regard to these four lots. As is the procedure with these hearings is there anyone present that would like to speak in opposition to the subdivision of the Estate of George Wells. Hearing none, is there anyone present that would like to speak in favor of the minor subdivision of the Estate ~of George Wells. Mr. 0rlowski, do you have any questions? Mr. Orlowski: No, we looked it over. Mr. Raynor: The Board has been out on two different field inspections because we are aware that the property borders on meadowland. Many departments have given their imput with regard to it so the applicant is in a position to develop the property and still maintain the meadowland. Mr. Gordon? Mr. Gordon: I have no questions. Mr. Raynor: Is there anyone present that has any information with regard to the property that would aid the Board in their decision with regard to this subdivision. There being no other business concerning this public hearing, we will declare this as closed and thank all for coming down. Planning Board -4- October 18, 1979 John Simicich cluster subdivision. Mr. Simicich and Charles Cuddy, Esq., appeared. There are eleven lots on fifteen acres. The park and playground has been relocated and a right-of-way provided for access to the park and playground. Although this plan was given a conditional approval of the sketoh map, Mr. Raynor explained that experience with 90 foot wide lots has shown them to be too narrow. He suggested that the lots be brought up to 100 feet. Mr. Cuddy will confer with his client and requested that he be given an appoint- ment for the next meeting. On motion made by Mr. 0rlowski, seconded by Mr. Gordon, it was RESOLVED to approve the sketch map of the property of William L. and Muriel A. Murray located at Cutchogue, said map dated September 14, 1979. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski 8:00 p.m. Public Hearing on the question of the approval of the minor subdivision of property of Alice F. Milliken located at Fishers Island. Mr. Raynor read the legal notice of hearing ~nd presented proof of publication in the L. I. Traveler-Watchman and Suffolk Weekly Times. Mr. Raynor: We have correspondence with the Suffolk County Planning Commission, correspondence stating the resolution of the meeting, correspondence to the New York State Dept. of Environmental Conservation with regard to lead agency status of the Town Planning Board under the SEOR~ act, legal description of the property, correspondence and a short environmental assessment form signed~by Alice Milliken, notation concerning grading, road construction and drainage structures signed by Alice Milliken, receipt of fee in the amount of $20, legal description, application and a resolution for approval of the sketch map in August of 1979. We have not received back the responses from the various units as far as the SEORA act which is not due to expire until the 25th of this month. Also not received back are the recommendations from the Suffolk County Planning Commission. As this fronts on an existing roadway on the island and I believe this is a private roadway. As is the procedure of the Board, I will ask if there is anyone present that would like to speak in opposition to the two-lot subdivision of Alice Milliken? Hearing none, is there anyone present this evening that would like to speak in favor. Hearing none, is there anyone present this evening that would like to give the Board some information with regard to this subdivision. Mr. 0rlowski? Mr. Orlowski: I was out there and everything looks in order to me. Mr. Raynor: Mr. Gordon? Mr. Gordon: I have no questions. Planning Board -5- October 18, 1979 Mr. Raynor: There being no other comment I will declare this hearing closed. Mattituck Inlet project report by Chairman. The Town Board requested at the recommendation of the Planning Board that the Coastal Zone Management Plan include as Geographical Areas of Particular Concern Mattituck Creek and Sterling Basin. As a result of this the chairman has been in contact with the field representative for Land and Water Conservation Act which is the State Administrative Area of the Federal Heritage and Resources Commission. Mr. Raynor presented a drawing he had done which he wants comments on from interested people. He is open to any criticisms and ideas. He is looking for funding for up to 87-1/2% of the total cost. Preference for use of the area would be given to town residents and the surplus to outsiders. Mr. Gould arrived at this point. 8:30 p.m. Public Hearing on the question Of the approval of the minor subdivision of 0'Connell and Lizza located at Mattituck. Terry Woodhull, Harvey Bagshaw and Philip Ofrias, Esq., appeared. Mr. Raynor read the legal notice of hearing and presented proof of publication. Mr. Raynor: In the file we have a copy of the legal notice, resolution setting the date of the public hearing, receipt from the Town Clerk for the filing fee for the subdivision, application and property description, recommendations from the Suffolk County Planning Commission. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on September 5, 1979, reviewed the proposed subdivision plat entitled, "Minor Subdivision - James M. O'Connell and Philomena Lizza" referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following conditions deemed necessary to help preserve the traffic safety and carrying capacity of Main Road and the safety of the Long Island Rail Road: 1. A short radius curve (R=20') shall be required at the north- west corner of Main Road and the right-of-way to provide for turning movements should the right-of-way eventually become a road. 2. Adequate stormwater drainage structures shall be constructed within each lot and the right-of-way to retain on-site all stormwater resulting from the development and improvement of the site so that it Planning Board -6- October 18, 1979 does not flow into the State road right-of-way. 3. No approval of the subdivision shall be given ~util the question of the potential creation of a new crossing at the northerly terminus of the proposed right-of-way or the relocation of the existing crossing is satisfactorily resolved with the Long Island Rail Road as at-grade crossings present problems of potential hazards, liability and maintenance. 4. The triangular parcel having an area of 0.099 acre shall be incorporated into parcel on its easterly side. /s/ Charles G. Lind, Chief Planner Mr. Raynor: I have a statement from the applicant that no grading, new roads or drainage structures are proposed. I have a statement from the Suffolk County Dept. of Health Services. "A review of the above referenced property indicates that conditions are acceptable for an individual water supply and sewage facilities." I have correspondence from the New York State Dept. of Environmental Conserva- tion that this parcel would not appear to be within the jurisdiction of that department under the Tidal Wetlands Act. There is corres- pondence in the file from this Board to the applicant's attorney. There is notice to the New York State Dept. of Environmental Conserva- tion that lead agency status has been designated by the Southold Town Planning Board end objection to be filed by the 15th of August. There are various maps and a short environmental assessment form submitted by the applicant. We have received back correspondence with regard to the State Environmental Quality Review Act which may be acted on and we have received back the county recommendations and comments. As is the procedure with the Board, we will ask if there is anyone present that has any objection to the proposed subdivision of 0'Connell and Lizza. Hearing none, is there anyone present who would like to speak in favor of this subdivision of O'Connell and Lizza. Mr. Ofrias: I am appearing on behalf of the applicant and would say that I think it-is not a very complicated operation we are asking to accomplish. The well drilling operation that is on the westerly portion of the property already exists and the property to the east is to be purchased by Mr. Bagshaw and Mr. Woodhull. The small triangular piece in the woutheasterly corner will be annexed to what is called the Bagshaw property on the map that I filed. At an earlier appearance it was suggested to me that we could eliminate questions of a potential problem if it was deeded to Bagshaw. I have here a deed dated August 2, 1979 from O'Connell and Lizza to Harvey Bagshaw, Inc. which is the corporation that owns the parcel to the east. I am holding the deed in escrow until such time as the minor subdivision is approved. At that time, I will deliver this to Harvey Bagshaw, Inc. for recording of that small piece that is not a part of the subdivision. Mr. Raynor: Your representation will be in the minutes. Mr. Ofrias: At some time I think I sent the Board a letter telling them the same thing. That is basically what I have to say unless there are some questions that someone on the board would like answered. Planning Board -7- October 18, 1979 Mr. Raynor: Is there anyone else that would like to speak in favor? Hearing none, is there anyone present this evening that has any information either pro or con that the Board should be aware of? Hearing none, Mr. Gordon? Mr. Gordon: I have no questions. Mr. Raynor: Mr. 0rlowski? Mr. Orlowski: I have no questions. Mr. Raynor: There being no further questions, I will consider this hearing closed. Thank you, gentlemen, for coming down this evening. Mr. Orlowski 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 ~4 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 James M. 0'Connell and Philomena Lizza is a two-lot business subdivision of 6.429 acres, more or less, located at Mattituck, New York. 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 has indicated that this parcel would not appear to be within the jurisdiction of their department under the Tidal Wetlands Act. The Suffolk County Dept. of Health Services has indicated that a review of the property indicates that conditions are acceptable for an individual water supply and sewage facilities. 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 Planning Board -8- October 18, 1979 Tolman, Secretary, Southold Town Planning Board, Town Hall, Southold, New York 11971 Vote of the Board: Ayes: Raynor, Orlowski, Gordon Macari. The following report was made regarding a field inspection of the subdivision. Present were Henry E. Raynor, Jr., G. Ritchie Latham, Bennett Orlowski, Jr., Raymond C. Dean and John W. Davis. The entrance to the subdivision should be located on the northwest corner just east of the property line of Woessner. On the northwest quadrant there are two runs of drainage to natural recharge. One is 1,000 feet and one is 1,200 feet. These should be piped according to inspector's specifications. Natural drainage in the two basins shown are adequate although elevations should be raised to the 20.0 foot on the smaller basin. The plan is short of buildable park and playground. The swamp is not acceptable as park and playground. The recommendations is that Lot 16 be included. This will eliminate the construction of town specifications road to this lot. Motion was made by Mr. Gordon, seconded by Mr. Raynor and carried to approve the recommendations. A copy of this is to be sent to Howard Young and Gary Flanner Olsen, Esq. Bertram Holder. Reg Hudson had requested the Board to give him advice on which part of this should come in as a Section I. The remainder would come in at a future date as a major subdivision. Mr. Gordon has inspected the property but would like more information because of road construction problems. Zena and Rhoda Kaplan. The Board was unanimous in their request for a covenant on the undeveloped portion of the property, said covenant to state that the developers will not make application to the Board for another minor subdivision. On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was RESOLVED to grant approval to the sketch map of Zena and Rhoda Kaplan, said map dated July 26, 1969 and amended September 10, 1979. Vote of the Board: Ayes: Raynor, Gordon, Orlowski On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of property of Zena and Rhoda Kaplan. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski Planning Board -9- October 18, 1979 On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was RESOLVED to set 7:30 p.m., Wednesday, November 14, 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 Zena and Rhoda Kaplan located at East Marion. Vote of the Board: Ayes: Raynor, Gordon, Orlowski 9:00 p.m. Public Hearing on the question of the approval of the minor subdivision of Robin A. Raeburn and Mary Elizabeth Murphy located at Cutchogue. Lewis and Debra Edson appeared, George Stankevich, Esq., attorney for the applicant. Gary Olsen, Esq. appeared on behalf of the prospective purchasers who were also in attendance. Mr. Raynor read the legal notice of hearing and presented proof of publication. Mr. Raynor: There is a notation in the file from the building inspector's office. There is a letter to the Suffolk County Planning Commission asking for their comments on the property. There is a letter to the New York State Dept. of Environmental Conservation stating that the Planning Board of the Town of Southold was made lead agency with involvement with the State Environmental Quality Review Act. There is notification and resolution of hearing, legal notice, description, correspondence in the file from the attorney, deed of the property, short environmental assessment form with regard to the application. There is a statement to the Suffolk County Planning Commission with regard to grading, roads and no new drainage structures, notation from the applicants' attorney, application and notice of receipt of payment for the minor subdivision number 172. To date, specific County recommendations have not come back to the Board. We are still awaiting those. That pretty well completes the file. At this time I will ask if there is anyone present this evening that would like to speak in opposition to the subdivision of Robin A. Raeburn and Mary Elizabeth Murphy. The floor is now open. Hearing none, is there anyone present this evening that would like to speak in favor of this subdivision. George Stankevich: I represent the applicants, Robin A. Raeburn and Mary Elizabeth Murphy. We are here because Judge Baisley partitioned this property on the 17th day of August 1978. We are asking approval because this subdivision meets all the standards set by the Town. The lots are in excess of the minimum lot size. We are before the Zoning Board of Appeals for approval of access which is not in your realm but in the realm of the Zoning Board of Appeals. We have had one meeting with them and are going back the 15th of November to discuss matters. The purchasers, the Hornauers, and their attorney, Mr. Olsen, are here because they want to become residents and part of the Town of Southold very much. They are here also to urge your expedition because the interest rates are going up every day and when you are talking about twenty-five to thirty year mortgages it is no small matter. We are here to answer any and all questions regarding the matter, how it arose and how we intend to settle it. Planning Board -10- October 18, 1979 Mr. Raynor: Is there anyone else present this evening that would like to speak in favor of this application? Is there anyone present that has some information that should come before the Board at this time? Mr. Orlowski? Mr. Orlowski: We talked about this right-of-way going into lot 3 for 150 feet before. Mr. Raynor: This was in correspondence to Mr. Stsnkevich, dated October 10th. "subject to a dotted line being shown for 150 feet through the interior of Lot #3". I note on the new maps that this has not been done. Mr. Raynor: Mr. Gordon? Mr. Gordon: I have no questions. Mr. Raynor: The Board has not yet gotten the County recommendations back so whatever action the Board would take would be in consideration of their recommendations. In regard to access, I understand you were to the Zoning Board of Appeals in this matter. If nobody else has any questions with regard to this hearing, I will declare it closed. On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was RESOLVED to approve the sketch map of the minor subdivision of E. M. Kontokosta located at East Marion. Vote of the Board: Ayes: Raynor, Gordon, Orlowski On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was RESOLVED to set 8:00 p.m., Wednesday, November 14, 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 E. M. Kontokosta located at East Marion. Vote of the Board: Ayes: Raynor, Gordon, Orlowski Cleaves Point~ Section IV. A letter has been received from Sr. Building Inspector George Fisher regarding the non-habitable buildings on the property. A letter is to be written to Mr. Bernard Kaplan with a request for an explanation on his intentions for these buildings. Van Manen. The new maps received were deemed unacceptable as a Section I and the matter was tabled for further review. Planning Board -ll- October 18, 1979 Mr. Gordon moved for the adoption of the following resolution. Mr. Orlowski seconded the motion. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of the Estate of George Wells, was submitted to the Planning Board on September 17, 1979, and an application fee of $40 was paid on September 17, 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 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 except as noted below. Now, therefore, be it RESOLVED, that the application of Burt G. Lewis, Jr., as agent for the Estate of George Wells for approval of said subdivision Plat prepared by Roderick Van Tuyl, P.C. and dated September 13, 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. However, if such modifications are not made within sixty days from the date of this resolution, ~he plat shall be deemed disapproved. Modification of said Plat to show the following conditions of the Suffolk County Planning Commission: No residential and other major structure shall be located closer than 100 feet to the upland edge of the meadow on Lots i and 2 and closer than 75 feet to the uplaud edge of the meadow on Lots 3 and 4. 2. No sanitary disposal facility shall be installed or constructed within 100 feet of the upland edge of the meadow. No stormwater runoff resulting from the development and improvement of any lot shall be discharged directly into Richmond Creek or.onto the adjoining meadow areas. A conservation easement shall be obtained over that portion of the subdivision that is designated as meadow on the map to insure its preservation in its natural state. Vote of the Board: Ayes: Raynor, Gordon, Orlowski 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 10:05 p.m. , Respectfully submitted, ~ - ' ~'~ ~'~ ,.--~ Mur~l Tolman, Secretary Henry E.~Raynor, ~., Ch~rman