HomeMy WebLinkAboutPB-07/23/1979 D
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HENRY E. RAYNOR, Jr. p C}n~II.
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., Monday, July 23, 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
Troy Gustavson, Suffolk Times
Millicent Gossner, League of Women Voters
Frank Bear (late) North Fork Environmental Council
Absent was James Wall (inclement weather)
7:30 p.m. Public Hearing on the question of the approval of the
minor subdivision of property of Charles S. Witherspoon (163) located
at Southold, New York. Mr. Raynor read the legal notice of hearing
and presented proof of publication in the Suffolk Times. Mr. Raynor
reviewe the file including the reading of the letter from the Dept.
of Health Services and the Town designating itself lead agency in
regard to the SEQRA process.
Mr. Raynor: At this point I would like to open the meeting to any-
one that would like to speak in opposition to the subdivision.
Mrs. Lowell: He is trying to divide the land up into one acre
lots. There is no question about that. I have had the Board of
Health come in and check on the water and doctors come in and say
there is something wrong with the water.
Mr. Raynor: That is why we go to the Department of Health and
they say there is no problem.
Mrs. Lowell: I have a doctor's letter. I am on the water right
on the right-of-way.
Mr. Raynor: Is there anyone else that has any questions.
Planning Board -2- July 23, 1979
Mrs. Lowell: How about the water in the area? Can something be
done about it?
Mr. Raynor: I can only speak for the Department of Health. It is
their jurisdiction. This hearing is not to discuss other than
this subdivision. Do you have any questions with regard to the
matter at hand?
Mrs. Lowell: I feel the water should be fixed if something is to
be done. If you cannot get healthy water it should not be subdivided.
Mr. Raynor: They cannot get a building permit until they get good
water. You would have to check with the Building Department. Is
there anyone present this evening that has anything they would like
to say in favor of this subdivision? Hearing none, is there any
member of the Board that has any specific questions they may have
found in their inspection in the last several weeks?
Mr. Gordon and Mr. 0rlowski both answered in the negative.
Mr. Raynor: If you have questions in addition to this we would be
glad to hear them.
Mrs. Lowell: 0nly the question of water is the only thing that
bothers me. How is he dividing the land?
Mr. Raynor: Into two lots. If you look at the map in front of
you there are lots indicated as one and tow. The access to lot 2
is off the right-of-way and lot i is off Soundview Avenue.
Mrs. Lowell: Coming from Soundview Avenue?
Mr. Raynor: Yes. There are two rights-of-way, one that your
property comes off and one off Soundview Avenue. As you can see
by the map these proposed lots are considerably larger than most
of the neighborhood which may give you some idea of the present
zoning restrictions of one acre which go a long way in regard to
solving the water problems on your own property.
Mrs. Lowell: I don't know that I do. I have asked the Board of
Health to come check.
Mr. Raynor: What do you know specifically?
Mrs. Lowell: I do not want to bring it up now. I just think
before any property is sold it should be checked by the Board of
Health. I know too much but I can't tell what I know. Does that
make sense?
Mr. Raynor: Do you have any other comments?
Mrs. Lowell: No, if he is just breaking it up into two lots that
is his right. Right there I have no objection at all.
Mr. Raynor:
about this
closed.
Does anyone
subdivision?
else present tonight have any questions
Hearing none, I will declare the hearing
Planning Board -3- July 23, 1979
Mr. Gordon moved for the adoption of the following. Mr.
Orlowski seconded the motion.
WHEREAS, a formal application for the approval of a
subdivision plat, entitled Minor Subdivision of Estate of Frank H.
Case, was submitted to the Planning Board on May 18, 1979, and an
ap-~ication fee in the amount of $40 was paid on May 29, 1979, and
WHEREAS, a public hearing was held on the said subdivision
application and plat at the Town Hall in Southold, New York, on
June 12, 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.
Now, therefore, be it RESOLVED, that the application of
the Estate of Frank H. Case for approval of said subdivision plat
prepared by Young and Young and dated May 9, 1979, be approved
subject to the following conditions of the Suffolk County Planning
Commission being placed on the map.
There shall not be any direct discharge into the creek of
the stormwater runoff resulting from the development and
improvement of the site.
Erosion and sediment control measures shall be required
during and ~mmediately after construction on any lot to
insure that no eroded or other deleterious material is
carried by stormwater into the creek.
No sanitary disposal facility shall be installed or
constructed within 100 feet of the edge of the creek or
the edge of any tidal wetlands adjacent to the creek.
Lot 3 shall be restricted against subdivision without
review and approval of the plauning board since the lot
is considerably oversized.
Upon receipt of maps indicating the above within 60 days the
Chairman of the Planning Board is authorized to endorse approval
of said subdivision plat.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski
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 To~n Planning Board as lead agency
for the action described below, has determined that the project
Plauning Board -4- July 23, 1979
will not have a significant effect on the environment.
DESCRIPTION OF ACTION
The minor subdivision of the Estate of Frank H. Case is a
four-lot residential subdivision on 6.7 acres on the arm or branch
of West Creek, 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 no objection to the designation of the
Town Planning Board as lead agency. As the site is
directly located upon tidal waters, a permit is needed
but has not yet been applied for. Knowledge of this
area indicates that all the parcels exceed minimum lot
sizes and most of the property is buildable upland. Future
homesites must be at least 75' from the landward edge of
tidal wetlands. An individual notification letter of
approval has been issued to Mr. Philip 0benauer to
construct a one family dwelling on lot 4.
Lack of response from the Suffolk County Department of
Health Services indicates that there is no objection by
that agency.
The project will meet all requirements of the Code of
the Town of Southold Subdivision of Land regulations.
Further information can be obtained by contacting Ms. Muriel
Tolman, Secretary, Southold Town Planning Board, Town Hall,
Southold, New York 11971
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Whitcom Realty. Richard Cron, Esq. appeared.
The Board will require covenants and restrictions with regard to
the whole property, in particular the meadow land. Mr. Cron said
there was a possibility that the owner would deed the property to
Nature Conservancy. The property on the road is restricted in the
deed. It will be necessary that the Town Attorney approve the
covenants and restrictions. It was suggested that the right-of-way
be extended another 100 feet. The Board will review the map as to
the criteria of sketch map.
Planning Board -5- July 23, 1979
Long Pond Estates. Richard Cron, Esq. appeared.
The developers of this subdivision wish to have swale construction
of the roads and drainage. It will be necessary to have a waiver
of the Highway Specifications from the Town Highway Superintendent
and the Highway Committee. The engineering is holding up the
project at this point as new profiles are necessary. The secretary
was directed to send the map to the Soil and Water District of the
Dept. of Agriculture in Riverhead to see if the soil will be suitable.
The profiles done by Jara will be submitted.
Sunset Bluffs Estates. (Nina Stevens) Richard Cron, Esq. appeared.
The manholes are still not 200 feet apart on the preliminary maps.
Driveways on lots I and 19 are to be placed on Sunset Road rather
than Oregon Road.
Soundview Acres at Orient. Mr. Cron has been in touch with Mrs.
Hornwood regarding the road construction in this subdivision and
the bond. A decision has to be made and Mr. Cron will relate same
to the Board.
Shorecrest. Mr. Cron will let the Board know the approximate
length of time it will take to finish the roads in this subdivision.
Mr. Gordon moved for the adoption of the following. Mr.
Orlowski seconded the motion.
WHEREAS, a formal application for the approval of a
subdivision plat, entitled Richmond Shores at Peconic was submitted
to the Planning Board on July 9, 1976, and an application fee in
the amount of $190 was paid on July 9, 1976, and
WHEREAS, a public hearing was held on said subdivision
application and final plat at the Town Hall in Southold, New York,
on June 12, 1979 at 8:00 p.m., and
WHEREAS, a performance bond in the amount of $125,000 will be
required to be filed with the Town Clerk to insure satisfactory
completion of all required improvements within a period of three
years from the date of this resolution, 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
R. E. C. Realty Company for approval of said subdivision plat
prepared by Young & Youug and dated May 10, 1979 be approved
Planning Board -6- July 23, 1979
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 (60) days from the date of this resolution,
the plat shall be deemed disapproved.
Vehicular access, except for maintenance and emergencies,
to and from Reserved Area "A" along Main Road shall be
prohibited and such restriction shall be noted on the final
map.
Receipt of covenants and restrictions and proposed creation
of Home Owners Association approved by the Town Attorney.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Richmond Creek Farms. The sketch map of this subdivision was
reviewed. There are two unnumbered jib pieces surrounding the
Grattan property. There is no meadow line shown on the map. Why
does the turnaround extend through the park and playground area
through open space? There does not seem to be a purpose for it.
Areas subject to flooding should not be computed in the open space
formula. The procedural sheet for subdivision will be sent to Mr.
Haefeli, the attorney for the developers, along with a short
Environmental Assessment Form.
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED to approve the revised site plan received July 3,
1979 for Sea Breeze Village as presented by E. M. Kontokosta, P.E.
The revisions are described as follows:
®
The westerly building marked 4A, 4B, 4C, 4D is to be
relocated approximately 12'0" south of its present
location, aligning the front wall of unit 4A with the front
wall of unit 3D. This will increase the setback dimension
between the shore line and unit 4D, thus minimizing any
visual obstruction unit 4D may create to the adjoining
property owner on the west. Side yard setback and distance
between buildings are to remain as originally approved.
The existing one family dwelling (shown dotted on the
diagram) is to be demolished, thus decreasing the land
use density from 17 units to 16 units. This structure was
found to be termite infested and structurally unsound,
thus unsuitable for renovation.
3. The westerly 14 car parking area is to be rearranged and
relocated approximately 15'0" south from the originally
approved location, still maintaining the same number of
parking spaces, same width of road, site lighting, all as
originally approved.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Planning Board -7- July 23, 1979
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED to grant an additional extension of time in which
to present the final map of the subdivision "Bayview Farms" owned
by Peter and Louise Blank until January l, 1980 because the
developer is diligently pursuing a solution to his water problem.
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 subdivision of property of O'Connell and
Lizzao
On motion made by Mr. Gordon, seconded by Mr. 0rlowski, it was
RESOLVED to approve the sketch map of the subdivision of
O'Connell aud Lizza located at Mattituck, New York, said map dated
Nay 22, 1979 and amended July 3, 1979.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
On motion made by Mr. 0rlowski, seconded by Mr. Gordon, 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 subdivision of property of Moebius
Associates.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
John Simicich cluster subdivision proposal.
The Planning Board approved the sketch map of this property on
February 15, 1978 subject to a walkway being placod on the easterly
line of lots for access to park and playground and the park and
recreation area to be relocated and redesigned. The preliminary
map and application have not been presented up to this time. It
is the feeling of the present Planning Board that a 90 foot width
is insufficient.
Wells minor subdivision. The Plarnaing Board would like the
results of the test well. They would also like the property
divided into four lots in a different fashion than presented.
Mr. Burr Lewis is to be advised of this.
Planning Board -8- July 23, 1979
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED to approve the sketch map of subdivision of property
of Judith T. Terry subject to the following being shown on the
final map.
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.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED that in the requirements for a minor subdivision
six (6) copies of the sketch map will be required rather than twelve
(12) as required for a major subdivision.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski
Motion was made by Mr. Gordon, seconded by Mr. Raynor and
carried to approve the minutes of the special meeting of June 22,
1979.
Motion was made by Mr. 0rlowski, seconded by Mr. Gordon and
carried to approve the minutes of the regular meeting of June 12,
1979.
Motion was made by Mr. Orlowski, seconded by Mr. Gordon and
carried to approve the minutes of the regular meeting of July 2,
1979.
The next regular meeting of the Planning Board will be held
at 2 p.m. on Friday, August 17, 1979.
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 9:50 p.m.
Respectfully submitted,
Murz~l Tolman, Secretary
Henry ~.~ ~taynor, '~r., Ur~irman