HomeMy WebLinkAboutPB-09/11/1979 P
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HENRY E. RAYNOR, Jr. ~ Chin.
FREDERICK E. GORDON
JAMES WALL
Bennett Orlowski, Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1938
A regular meeting of the Southold Town Planning Board was
held at 7:30 p.m., Tuesday, September ll, 1979 at the Town Hall,
Main Road, Southold, New York.
Present were:
Henry E. Raynor, Jr., Chairman
Frederick E. Gordon, Member
Bennett Orlowski, Jr., Member
Millicent Gossner, League of Women Voters
Troy Gustavson, Suffolk Times
7:30 p.m. Public Hearing on the question of the approval of the
minor subdivision of property of Judith T. Terry located at Southold,
New York. Present was George Terry, husband of the applicant.
Mr. Raynor read the legal notice of hearing and presented proof of
publication. There was one discrepancy in that the survey showed
49 feet on one distance whereas the legal notice read 40 feet.
Mr. Raynor: We have in the file from the Suffolk County Department
of Planning that pursuant to Section 1333 that the Commission
neither approved nor disapproved and has no comment in regard to it.
We have a letter dated August 30th from the Department of Health
Services.
Dear Mr. Raynor:
We are in receipt of your letter dated August 22, 1979.
A precursory review of the above referenced project indicates
conditions are suitable for individual sewage systems; however, the
quality of groundwater is questionable and would require a test
well.
/s/ Royal R. Reynolds, P.E.
Assistant Public Health Engineer
General Engineering Services
Planning Board -2- September 11, 1979
Mr. Raynor: We have a letter in reference to this from Judith T.
Terry.
Dear Mr. Raynor:
With reference to the request of the Suffolk County Department
of Health for a test well at my proposed subdivision on Lower Road
and Ackerly Pond Lane, Southold, the Health Department has made an
appointment with the tenant to take a water sample from the house
well on Tuesday, September ll, 1979. If this test is satisfactory
the Health Department advises they will not require a test well.
I will submit to you a report of the water test as soon as it
is available.
/s/ Judith T. Terry
Mr. Raynor: We have submitted under the State Environmental Quality
Review Act to the Environmental Analysis Unit at Stony Brook and
declare this project as an unlisted action. This has been submitted
to the Suffolk County Planning Commission and there is a statement
including a covering letter with regard to roads, grading and profiles.
Gentlemen:
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a residential
building is proposed.
(2) No new roads are proposed and no changes will be made in the
grades of the existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
/s/ Judith T. Terry
Mr. Raynor: There is a survey by Roderick Van Tuyl and the survey
is correct. There is a mistake printed in the paper. This map was
approved for sketch plan on July 31st subject to the following:
(1) Key map with property location and distance to nearest existing
street intersection. (2) Approved corner markers shown on plat.
(3) Note signed by licensed engineer stating Board of Health
specifications for sanitation and water supply. We have a short
Environmental Assessment Form. We have the following disclosure
statement.
I, Judith T. Terry, the applicant in the application for a
minor subdivision, does hereby disclose that applicant is an officer
of the Town of Soithold to wit: The Southold Town Clerk.
Date: July 20, 1979 /s/ Judith T. Terry
Planning Board -3- September ll, 1979
Mr. Raynor: There is an affidavit of disclosure about being the
sole owner of the property.
I, Judith T. Terry, became the sole owner of the property on
Lower Road, Southold, as referred to in the application for a minor
subdivision, effective June 27, 1979.
/s/ Judith T. Terry
Mr. Raynor: The proper number of maps, the fee has been tendered
and the proper application is in the file. At this time, I would
ask if there is anyone present that has any objection to the proposed
minor subdivision of Judith T. Terry, now is your opportunity.
Hearing none, is there anyone present this evening that has anything
to say in affirmation of this proposed minor subdivision.
George Terry: I am Judy Terry's husband acting in behalf of Judy
for the subdivision.
Mr. Raynor: Is there anyone present this evening that has any
comments or information in regard to this subdivision that should
be brought to this board at this time. Hearing none, the only
thing this application is missing at present, presently, all the
responses have not returned, to my knowledge, with regard to the
assessment form with the Environmental Quality Review Act with this
agency. This is not unusual because a lot of the agencies let the
time lapse and consider this a response and have no obOection. We
have a disclosure statement because the applicant is a town employee.
We are awaiting the pending resolution from the Department of Health
concerning whether a test well will be required. The decision of
the board will be determined pending the resolution with the Depart-
ment of Health. Mr. Orlowski andMr. Gordon, do you have anything?
Both answered in the negative.
Mr. Raynor:
subdivision.
Thank yoM.
Anyone else have any information regarding this
Hearing none, I will declare this hearing closed.
Murphy-Raeburn minor subdivision of property. George Stankevich,
Esq., and Deborah Edson appeared. Mr. Raynor informed Mr. Stankevich
that the board had just discussed this with Mr. Tasker, the Town
Attorney, and Mr. Tasker wants to review the file before any action
is taken. The town attorney,s question was with regard to the
improvement of th~ right-of-way where the right-of-way is outside
the subdivision. Mr. Stankevich stated his clients were in no
position to improve the right-of-way of that distance. Many other
people also use this right-of-way. Mr. Raynor stated that Section
277 of Town Law requires the Planning Board to have width and grade
for year-round passage. This would require a performance bond for
the improvement. Mr. Stankevich said he would confer with the town
attorney regarding this. He requested a public hearing and the
chairman said it would not be set up until this matter is discussed.
Planning Board -4- September ll, 1979
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED to set 7:30 p.m., October l, 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
property of North Fork Equities.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski
A request has been made of this Board to set off a piece of
property belonging to Leander Glover, Jr. to his daughter and
son-in-law, Mr. and Mrs. James Roache, on Cox's L~ne, Cutchogue.
It was the consensus of the Board that this should be considered
a casual sale within the family and the board has no objection to
it.
Motion was made by Mr. Gordon, seconded by Mr. Orlowski and
carried to amend the minutes of the meeting of August 17, 1979 as
refers to Ted Dowd to read Section 106-25B instead of 106-25A.
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED to set 8:00 p.m., October l, 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
property of Celia Vitale.
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 Moebius Associates located at
Cutchogue, New York. Present were Chester and Janet Melot and
Richard Lark, Esq., attorney for the applicants.
Mr. Raynor read the legal notice of hearing and presented proof of
publication in the local newspaper.
Mr. Raynor: There is a communication from our board to the Suffolk
County Planning Commission with regard to Section 1333, Article
XIII. There is a notation that the lots are located on an existing
Town road. Lot #3 has received a variance for lot area from the
Southold Town Board of Appeals. There will be no grading other than
foundation excavation for a residential building. No new roads are
proposed and no changes will be made in the grades of existing roads.
No new drainage structures are proposed. There is a letter of
transmittal from the attorney and affidavit of the principles.
Planning Board -5- September ll, 1979
Mr. Raynor: There is notification that this parcel is not within
the jurisdiction of the Department of Environmental Conservation.
Applicant's fee in the amount of $30 has been paid. There is
correspondence from our board to the New York State Environmental
Analysis Unit at Stony Brook forwarding the Environmental Assessment
Form, this project being an unlisted project. Written comments
were requested by the 18th of August. Moebius Associates gave a
certificate of disclosure in which the following were listed as
principles: Janet M. Melot, Gertrude M. Ali, John E. Mothersele and
Charlotte A. Lynn. There is a resolution declaring ourselves lead
agency effective the 24rd of July. There is correspondence to the
attorney for the applicant dated the 24th.
Dear Mr. Lark:
In reference to your letter of July 17th in the matter of the
Moebius subdivision there is noted that the following deficiencies
exist on your proposed final map as amended May 22nd.
1. At this time there are no corner monuments.
2. There is no notation in regard to Board of Health
specifications for sanitation and water supply.
3. Covenants and restrictions in regard to the property.
Principles direct and indirect of Moebius Associates.
5. Key map.
6. Five foot contour lines.
Mr. Raynor: There is correspondence from the attorney with regard
to the application and correct number of subdivision maps and
Environmental Assessment Form and check. The application is in the
file along with the metes and bounds description. The short
Environmental Assessment Form has been filled out and filed by the
attorney for the applicant and where this subdivision has one under-
sized lot which could not come before the board until such time as
the Zoning Board of Appeals created it and made it a legal lot,
we have a decision and I will read the decision.
On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was
RESOLVED, that Moebius Associates, East Road, Cutchogue, New
York, be GRANTED approval of a lot with insufficient area on a
proposed minor subdivision. Location of property: East Road,
Cutchogue, New York, bounded on the north by Williams, Spiro, Lake
and Brower; east by Williams; south by East Road; west by Fleets
Neck Road, upon the following conditions:
(1) Although the Planning Board will covenant this subdivision
there shall be no further division of the lot being created by this
application.
(2) Suffolk County Planning Commission approval.
Vote of the Board: Ayes: Gillispie, Grigonis, Tuthill, Douglass
Planning Board -6- September ll, 1979
Mr. Raynor: There is a letter of the same from the Board of Appeals.
We granted the sketch plan approval subject to the action of the
Board of Appeals and that letter is dated April 24rd. There is more
correspondence in regard to transmittal of sketch plan maps. That
pretty much completes the file. As is the board's custom, if there
is anyone present this evening that would like to speak in opposition
to the subdivision, Moebius Associates, the floor is now open.
Hearing none, is there anyone present that would like to speak in
favor of the subdivision of Moebius Associates.
Richard Lark, Esq., attorney for the applicants: On behalf of the
applicants, I believe all the requirements of the Planning Board
and the regulations have been met and I respectfully move that
the Board approve this as a minor subdivision.
Mr. Raynor: Is there anyone else that would like to speak in favor
of the application. Hearing none, is there anyone this evening
present that has any information with regard to this property that
should come before the board. Mr. Gordon, do you have any questions?
Mr. Gordon: No.
Mr. Raynor: Mr. Orlowski?
Mr. Orlowski: I was out there today and I couldn't find any of
these monuments that were supposed to be in.
Mr. Lark: It shows them on the survey and they should be there.
Mr. 0rlowski: They may be there but I couldn't find them.
Mr. Raynor: Would you have your surveyor stake them so we can find
them?
Mr. Lark: If he shows them on the map he is certifying that these
things are there. When I wrote him saying you wanted them, they
were not shown on there, he went back and put them on.
Mr. Raynor: He shows them on the survey. There is a question of
whether he put them on or not.
Mr. Orlowski: I went out there and figured if they were put in in
August they would be easy to find.
Mr. Lark: Prior to August the only monument that wasn't there was
the one on Bert's Street. When you read the description didn't you
refer to it as a monument.
Mr. Raynor: There is nothing here with reference to monuments,
it is corner intersections. Do you know if they are there or not?
Mr. Melot: I have never looked for them.
Mr. L~rk: From my own knowledge he has referred to that in many
descriptions. When the road was laid out it was keyed back to
that corner and it was always referred to as a monument. I was
Planning Board -7- September 11, 1979
surprised that you came back with that request.
Mr. Orlowski:
to be found.
covered up.
The grass was mowed and they should have been simple
I walked this guy's property in. It could have been
Mr. Lark: I will represent to the board that they will be in if
not in fact. I will have him stake out that one corner so you can
find where it is. It is going to have to be there in an eventual
sale anyway.
Mr. Raynor: Do you have anything else, Bennie?
Mr. Orlowski: No.
Mr. Raynor: Does anyone else have any information about this
subdivision that should come before this board. Hearing none,
will declare this hearing closed.
I
Crescent Beach Condomini~m - Board of Appeals #2552 - Site Plan
~pproval. The following letter was received from Mr. George Fisher,
Sr. Building Inspector.
Gentlemen:
The parking area has been and will be sufficient for the number of
units.
/s/ George H. Fisher
Sr. Building Inspector
This project has received a variance from the Zoning Board of
Appeals to construct decks or patios with insufficient front and
rear yard setbacks subject to site plan approval by the Planning
Board.
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED to grant site plan approval to Crescent Beach
Condominiums, map dated 2/13/79, to construct decks or patios as
the building inspector has indicated that there will be sufficient
parking area for the number of units.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski
On motion made by Mrs. Orlowski, seconded by Mr. Gordon, it was
RESOLVED that 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
Planning Board -8- September ll, 1979
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 Moebius Associates is a three-lot
residential subdivision of 2.665 acres at Cutchogue, 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 NYSDEC has indicated that this parcel would not
appear to be within the jurisdiction of its department
under the Tidal Wetlands Act and voiced no objection to
the pro~ect.
The Suffolk County Department of Health Services did not
respond to an inquiry within the allotted time indicating
that they have 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 Muriel
Tolman, Secretary, Southold Town Planning Board, Main Road, Southold,
New York 11971
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Copies of this determination of no significance are to be sent to
Commissioner Flacke, Supervisor Homan, Richard Lark, Esq., NYSDEC
at Stony Brook, Department of Health Services of Suffolk County,
George Fisher, Sr. Building Inspector, Suffolk County Planning
Commission and it is to be placed on the Town Clerk's Bulletin
Board.
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED to approve the preliminary map dated August l, 1979
of the subdivision to be known as "Sunset Bluff Estates" located
at Cutchogue.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Planning Board -9- September 11, 1979
On motion made by Mr. Gordon, seconded by Mr. 0rlowski, it was
RESOLVED to set 8:30 p.m., October 1, 1979 at the Town Hall,
Main Road, Southold, New York, as the time and place to hold a public
hearing on the question of the approval of the final map of the
subdivision to be known as "Sunset Bluff Estates" located at
Cutchogue.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED to grant approval to the sketch map of the minor
subdivision of property of the Estate of George Wells, map amended
July 31, 1979.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski
A letter is to be directed to the New York State Department
of Environmental Conservation indicating to them that the parcel
in question has been changed so it will not come in within the 75
foot setback. A copy of the map is to be sent.
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED that 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 ~e a significant effect on the environment.
DESCRIPTION OF ACTION
The minor subdivision of the Estate of George Wells is a
four-lot residential subdivision of 8.1 acres at Peconic, 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 NYSDEC has indicated that it appears that lot 2
cannot meet setback requirements from wetlands. There-
fore the configuration of the lots has been altered to
allow for this setback.
Planning Board -10- September 11, 1979
The Suffolk County Department of Health Services has
indicated that a precursory review of the proposed
subdivision indicates that there is adequate room for
sewage disposal systems and requested a test well to
demonstrate adequate potable water prior to approval to
construct. The results of the test well installed on
Lot 2 indicated that individual wells, acceptable to the
Department of Health Services, can be instslled on each
of the lots within the proposed map.
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 Muriel
Tolman, Secretary, Southold Town Planning Board, Main Road, Southold,
New York 11971.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Copies of this determination of no significance are to be sent to
Commissioner Flacke, Supervisor Homan, Burr Lewis, NYSDEC at Stony
Brook, Department of Health Services of Suffolk County, George
Fisher, Sr. Building Inspector, Suffolk County Planning Commission
and it is to be placed on the Town Clerk's Bulletin Board.
Motion was made by Mr. Orlowski, seconded by Mr. Raynor and
carried to approve the minutes of the regular meeting of August 15,
1979 at Fishers Island.
Motion was made by Mr. Orlowski, seconded by Mr. Gordon and
carried to approve the minutes of the regular meeting of August
17, 1979.
Heritage Harbor (Riverside Homes). Report #78 of Mr. John W. Davis,
Planning Board Inspector, was read in which Mr. Davis reports that
all work is now satisfactorily completed in this subdivision....A
letter has been received from Raymond C. Dean, Supt. of Highways,
in which Mr. Dean states that he is in agreement with Mr. Davis'
report #78 of the Heritage Harbor Subdivision.
Mr. Gordon moved for the adoption of the following:
WHEREAS, a formal application for the approval of a subdivision
Plat, entitled Heritage Harbor, was submitted to the Planning Board
on June 16, 1975, and an application fee of $125 was paid on June
16, 1975, and
WHEREAS, a public hearing was held on the said subdivision
application and Plat at the Town Hall in Southold, New York on
September 19, 1977, and
Planning Board -11- September 11, 1979
WHEREAS, there has been completion of all required improvements
to the satisfaction of the Planning Board Inspector and the Super-
intendent of Highways, 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
Riverside Homes, Inc. for approval of said subdivision plat prepared
by Howard W. Young and dated July 29, 1977 be approved and that the
Chairman of the Planning Board be authorized to endorse approval
on said subdivision Plat.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Whitcom Realty. The sketch map was reviewed by the Board with the
following noted.
1. No 5 foot contours are shown.
2. There is no key map.
3. No line is shown 100 feet from the top of the bluff as
required by the Suffolk County Planning Department.
The town tax map, school district number and sheet number
are not shown.
5. The right-of-way should be continued for 150 feet on Lot 4.
6. The metes and bounds should be shown of the northerly line
of the southerly lot on the Main State Road.
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 Whitcom
Realty.
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED to rescind the resolution of August 17, 1979 setting
8:30 p.m., Tuesday, September ll, 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 property
of ~'Connell and Lizza located at Mattituck. The reason for this
resolution is that the application, application fee and legal
description of the property were not presented.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Planning Board -12- September 11, 1979
Cleaves Point~ Section IV. The sketch map on this property was
reviewed. There are existing buildings and the secretary was
directed to forward a copy of the map to the building inspector
with a request that he check all buildings on all proposed lots
to see if they meet the specifications of the Town.
Knights of Columbus club. The site plan was reviewed and the letter
read from the building inspector. The parking sites are not adequate
in that they would need a minimum of a ten foot width and a minimum
of twenty foot length with a total of 350 square feet in each.
Van Manen major subdivision off Camp Mineola Road, Mattituck.
Mr. Van Manen and Roderick Van Tuyl appeared regarding this sub-
division. Mr. Raynor informed Mr. Van Manen that the main problem
is the improvement of Camp Mineola Road. It will have to be brought
up to 50 feet in width and be improved to town specifications.
Lots i through 4 should be designed so they will use one common
driveway. Mr. Van Tuyl suggested that lots 2 and 3 use a common
driveway and i and 4 use the side roads~ There should be some sort
of walkway to the park and playground. A key map of the area should
be provided on the map. The zoning use to the east has not been
shown as being zoned Multiple. Road profiles will be~necessary for
Camp Mineola Road. A copy of these notes is to be sent to Mr.
Van Manen and Mr. Van Tuyl.
Mr. Raynor announced that he had a meeting with Supervisor Homan
and Deputy Supervisor Suter who wish to have the Planning Board
research the possibility of receiving grants in aid with regard to
the property in Mattituck Creek running on the southerly side of
the creek just south of the entrance. He has received today a
packet from Mr. William Hunting in reference to the Conservation
of Water Resources Act under which the town may be eligible to
apply for federal funding for acquisition, development and con-
struction of some type of marine related facility. This goes back
to some work done on the board in 1977. In answer to inquiries
in regard to the Coastal Zone Management Act our board wrote that
Mattituck Harbor and Greenport Harbor be considered as geographical
areas of particular concern. It is Mr. Raynor's understanding that
these areas have been included. This would allow the town at some
future point to be eligible for federal funding. In addition to
this, Mr. Raynor has been in contact with the National Heritage
Preservation Act Urban Parks and Recreation Funding people. He
has not at this point been able to find the eligibility of the town
or the priorities they are taking. The size of the property
proposed to be acquired will be determined by an investigation
with a field representative to see if it should be a phase project.
Planning Board -13- September 11, 1979
Two letters were received from the secretary to the Board of
Appeals in which she indicates that eight variances in lot area
or width have been granted subject to Planning Board action on
the subdivisions.
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 lO:O0 p.m.
Respectfully submitted,
Mur~el Tolman, Secretary
Henry ~