HomeMy WebLinkAboutPB-09/22/1980HgNRY E. RAYNOR Jr.. Chairman
PREDEI~ICK E. GORDON
$Ai~$ WALL
BENNETT ORLOWSKL .Ir.
GEORGE RITOHIE LATHAM Jr.
'~/ :p~
TO D
SL~
8outhold. N.Y. 11971
TELEPHONE
765 - 1938
A re.~g~ar meeting of the Southold Town Planning Board was
held at 7.30 p.m., Monday, September 22, 1980, at the Town Hall,
Main Road, $outhold, New York.
Present were:
Chairman Henry E. Raynor, Jr.
Vice-Chairman Frederick Gordon
Member Bennett 0rlowski, Jr.
Member G. Ritchie Latham, Jr.
Mike Stahl, Suffolk Times (lst half hour)
Arthur & Millicent Gossner, League of WomenVoters
Henry Lytle, Southold-Peconic Civic Association
Ruth Oliva, North Fork Environmental Council
7:30 p.m. Public Hearing on the question of the approval of the
minor subdivision of Thomas V. Perillo and Edith M. Perillo located
at Laurel. Willis B. Carmen, Jr., Esq., appeared on behalf of Mr.
and Mrs. Perillo.
Mr. Raynor opened the hearing and read the legal notice of hearing
and presented proof of publication in the Long Island Traveler-
Watchman.
Mr. Raynor: In review of the file there is a receipt from the Town
Clerk in the amoun~ of $20 for the filing fee. There is notification
from the Suffolk County Department of Planning.
Dear Mr. Raynor:
The Suffolk County Planning Commission ay its regular meeting
on September 3, 1950, reviewed the proposed subdivision plat
entitled, "Minor Subdivision - Thomas V. Perillo & Edith M. Perillo",
referred to it pursuant to Section 1333 of the Suflolk County Charter.
After due study and deliberation it resolved to disapprove said map
for the following reasons:
1. The Commission feels that it has no right to approve a
subdivision with substandard lots.
2. The layout is poor because a 15 foot right'of-way crosses
Planuing Board
-2- Sept,( ~er 22,~ 1980
another parcel to provide access to an interior tot.
Charles G. Lind, Chief Planner
Under date of August 27th there is a resolution for-~he approval of
the sketch plan and setting the public hearing for this hou~. In
the file is correspondence to the Suffolk County Planning Commission
identifying the parcel, comments that the Zoning Board of Appeals
has granted a variance approving the insufficient area and width as
designated which has been previously decided to be far local
determination by your department. There is a letter from the attorney
for the developer.
"My client, Mr. Perillo is very unhappy about having to create
a right of way instead of direct ownership of the right of way
parcel because of the complications it creates with the owner
~f the property. I would like to discuss this matter with you
and with the Planning Board to see if it can be resolved at a
meeting, to our mutual satisfaction."
There is a letter from the Suffolk County Department of Health
Services.
"A precursory review of the above referenced property indicates
~hat problems may be encountered with obtaining potable water
due to hiEhnitrate concentrations and salt water intrusion.
In addition, this Department does not recommend the creation
of residential lots less than 40,000 square feet in area where
private wells and individual subsurface sewerage disposal is
planned."
There is correspondence from this board to the Environmental Analysis
Unit of the New York State Department of Environmental Conservation
stating that under the State Environmental Quality Review Act this
application has been forwarded. Also there is a letter to the
applicant's law firm pertaining to this. The follbwing letter is
in the file from this board to the Board of Appeals.
"The Southold Town Planning Board reviewed the application and
sketch map of Thomas V. Perillo and Edith M. Perillo at its
regular meeting on April 7th.
"In the determination of the Board of Appeals it was stated
that the property had been previously subdivided by the Planning
Board before the lots became merged due to same ownership on
both lots. The Planning Board has ac record of this subdivision
and would like information from your Board regarding this
statement."
We have a resolution from the Zoning Board of Appeals approving
subject to the following conditions:
1. Southold Town Planning Board approval for a minor subdivision
of the subject property;
2. Suffolk County.~Planning Commission approval;
Planning Board ~ -3- Sept~ er 22, 1980
3. Conformance with the Southold Town Zoning Board of Appeals
requirements for an access road.
We have a copy of the application for the approval of a plot. As
there is no road construction we have nothing from the Superintendent
of Highways. Is there anyone present this evening that would like
to speak in opposition to the project.
Margaret Burns: Where do they intend to have their access to the
property? Do they intend to tear down the front house?
Mr. Raynor: That has nothing to do with this board's action. I
have no idea. We are only here for the proposed subdivision.
Ms. Burns: If approval goes through would this subdivision set a
precedent for other places in the area?
Mr. Raynor: That is a consideration of this board as well as a
consideration of the Zoning Bound of Appeals that had granted it
subject to other considerations stated in the resolution.
Ms. BUrns: Does that mean yes or no?
Mr. Raynor: I do know of other properties on the boulevard that
have been divided similar to this.
Ms. Burns: Initially, the area was zoned as half acre and then
changed~to one acre zoning and I know there have been many homes
built in this area where they were required to abide by the one
acre zoning. The question now is for property only in that area
that may have less than one acre zoning and if this is approved for
that particular property it would raise a question for the future
of people coming up with the same thing.
Mr. Raynor: This is the Board of Appeals consideration of making
these two lots legal s~parate entities. As far as legalizing the
subdivision of these two lots, that is the function of this board.
Man: It might be good for one and not for another.
Mr. Raynor: It would be outside our jurisdiction. That is why
there is a Board of Appeals. Is there anyone else presen~ that
has a specific objection To this proposed subdivision? Hearing
none, is there anyone present that would like to speak in favor
of this proposed subdivision?
Mr. Carman: I would like to speak on behalf of Mr. and Mrs.
Perillo. You have seen this plan that I forwarded to you showing
the right-of-way in the subdivision. Basically, the proposal was
first before the Board of Appeals. They granted it. There was a
variance to reduce the size of the parcel and they gr~ted it
based on a flaglot. Their approval was basically subject to getting
the approval of this board for a minor subdivision, as you know.
The last time we had submitted the same plan that was submitted to
the Board of Appeals and approved by them. This board indicated
Planning Board .... 4- Sept~oer 22, 1980
they did not like the configuration of a flaglot but would prefer
a right-of-way access to Peconic Bay Boulevard. With that in mind
we had a revised plan drawn basically showing the same outline but
showing the 15 foot driveway as a right-of-way rather than owned
by the southerly parcel. My client would prefer the first plan
submitted namely that the full ownership be with the southerly
parcel and the right-of-way not be used, the reason being this
gives him actual ownership of property on Peconic Bay Boulevard.
There is always the chance of dispute when there is an easement of
who is to do wh~t and take care of it and so forth and there could
be a legal situation if one has the ownership rather than it being
divided between two separate owners. For this reason he prefers to
have the southerly parcel owned giving access to Peconic Bay
Boulevard. If this board declines that sentiment he will accept
the right-of-way onto Peconic Bay Boulevard as shown in the revised
plan dated July 14, 1980. I would like to ask the board to consider
this as basically we ha~e the approval of the Board of Appeals on
the first set of maps forwarded. My dilemma comes now. If this
board approves it with a right-of-way instead of the full ownership
Will I~be forced to go back to the Board of Appeals. It is my
understanding that by declaring yourself lead a§ency you will have
control.
Mr. Raynor: As far as the State Environmental Quality Review Act
is concerned.
Mr. Carman: I did notice from your reading there was a letter from
the Suffolk County Planning Commission indicating disapproval.
Mr. Raynor: This requires an action of this board of a majority
plus one to over-ride any county resolution.
Mr. Carman: Basically, the Perillos, what they plan to do is
build a second house on the parcel. It would become two building
plots. We feel that the configuration that we have laid out here
as a flaglot or right-of-way is consistent with the development of
the other homes in the neighborhood. I will leave that to your good
judgment.
Mr. Raynor: Is there anyone present this evening that has any
information pertaining to this subdivision that may be either for
or against but of benefit to this board.
Ms. Burns: We happen to be on the east side of the existing right-
of-way. The house is on the Peconic Bay Boulevard and we have two
other lots. ~he right-of-way at the time it was set up was to permit
access to these two second lots. That is, I assume, what the
position of the proposed right-of-way, where the proposed right-of-
way is to be.
Mr. Carman: The right-of-way that we are propoming is to the west
side of our property. It is between our property and Sidor. It is
a pedestrian walkway providing access to the beach on the east.
Ms. Burns: It is a passageway to cross for our property.
Planning Board -~' -5- Sep~oer 22, 1980
Mr. Raynor: If it is, it is not in the covenants and restrictions
for Laurelwood Estates. Are you talking about the boundary on your
west side? That property was held by Laurelwood Estates, Inc. for
a pedestrian right-of-way.
Ms. Burns: It was in the name of Martin Weglicki and at some time
was to be turned ever to the association.
Man: I think they have been in default of taxes for the last three
years and Laurelwood Estates is to be taking it over.
Mr. Raynor: Are you telling us that your right-of-way you have
vehicular access on?
Ms. Burns: We are supposed to have a vehicular access on it so that
should the right-of-way be put over to the other side that cuts us
off down to the beach end.
Mr. Raynor: Do you have a specific objection to the right-of-way
as shown on this subdivision?
Ms. Burns: Only as far as it would hinder our access to the
property below.
Mr. Raynor: I don't understand how it would hinder your access.
Ms. Burns: Our property runs from the boulevard down.
Mr. Raynor: That is not the right-of-way of the Perillos.
Ms. Burns: I understand but I interpreted what Mr. Carman had to
say about ownership of the southerly part of the right-of-way as
cutting off the southerly part of the right-of-way as it shows here.
Mr. Raynor: That is not correct. It is only the right-of-way
within the boundary of this subdivision.
Ms. Burns: We personally are not objecting to anything and I am
not putting in a complaint or anything like that but information as
to our property and our right to get down to the lower end of it we
have now. I might also point out that for the sixteen years more
or less that we have been there and through the ownership of Father
Grochowski who is the present owner that we have had entryway for
about fifteen feet through the present driveway to that into our
house on the east side of his property.
Mr. Raynor: Is there anyone else present this evening that has
some information for this board pertaining to this subdivision?
Hearing none, Mr. Latham, do you have any questions?
Mr. Latham: No questions.
M~. Raynor: Mr. 0rlowski:
Mr. 0rlowski: Is this one lot? (pointing to the Burns property)
Planning Board
-6-
Sept~oer 22, 1980
Ms. Burnsi This is three lots.
Mr. 0rlowski: This is not a travelled road but a path right now.
Ms. Burns: It is supposed to be fifteen feet from the boul~rard
to the end and when we appeared before we pointed out that through
the sale of this second piece of property ~hat is now in question
towards the end, it has been changed a couple of feet that doesn't
inhibit us space-wise but it is only big enough for one car to get
down in case of fire or anything like that. I don't know about
emergency equipment getting down.
Mr. 0rlowski: You still own all three lots? That is all you have?
Ms. Burns: Yes.
Mr. Gordon: No questions.
Mr. Raynor: There being no other questions, we will deem this
hearing closed and thank you all for coming down.
Kerester. Gail Wickham, attorney. Ms. Wickham appeared before the
Board with a request to set off one parcel of property 53,000 square
feet, more or less, out of a total of approximately 25 acres. She
requested sketch plan approval until the new regulations are passed
redefining the term "subdivision". They are under contract for the
house on parcel 1. Mr. Raynor explained that the board is in a
holding pattern for adoption of the amendment to the regulations.
The board will review the matter and take it under consideration
this evening.
Ernest Radford. Mr. Rad£ord had appeared before the Board of
Appeals requesting a variance on one lot for area. He was denied
as there is sufficient area to make twa legal sized lots. Mr.
Radford asked for advice from the board regarding the division so
that the cottage will remain on the southerly partion. Mr. Raynor
told him that as long as he met the 40,000 square foot minimum
requirement and meets the 150 foot frontage requirement he can
divide the property as he sees fit.
Louise Ehlers. Mrs. Ehlers appeared before the board regarding
a proposed division of her property. Mrs. Mayer, adjoining property
owner who would like to purchase a portion of the property, also
appeared. Mrs. Ehlers' daughter was also in attendance. Mr. Raynor
and Mr. 0rlowski made an inspection of the property and there dees
not appear to be buildable property to the rear. It is almost a
three acre parcel of meadowland in their opinion. This pertains to
both lots in the rear. Mrs. Ehlers would like to convert a building
in~e a second home and Mr. Raynor suggested that she take up the
matter with the building inspector. Mr. Raynor said any land below
Planning Beard ~' -7- Septk~oer 22, 1980
the ten foot contour would not be considered buildable property for
a base.
8:00 p.m. Public Hearing on the question of the approval of the
minor subdivision of Herbert and Kathleen Muucy located at East
Marion. Mr. and Mrs. Muncy appeared.
Mr. Raynor read the legal notice of hemring and presented proof of
publication in the Long Island Traveler-Watchman.
Mr. Rayn r. In the file is correspondence from the Suffolk County
Department of Health ServiCes.
"Conditions should be suitable for individual sewage disposal
facilities; however, available information indicates that the
fresh water aquifer is limited to approximately a 20 foot
depth."
There is a resolution under date of August 25th declaring the Town
Plauning Board as lead agency and sent to the Department of
Environmental Conservation in regard to the State Environmental
Quality Review Act. There is a description of the property, receipt
from the Town Clerk's Office for the filing fee, the application,
short Environmental Form. There is correspondence from the Zoning
Board of Appeals stating their action as follows:
"RESOLVED, that Herbert Muncy and Kathleen Muncy, Box 343,
Old Orchard Lane, East Marion, New York 11939, be granted
a variance to the Southold Town Zoning Ordinance, Article
III, Section lO0-31 for permission to divide property with
insufficient area and width as applied for, subject to the
following condition: That the applicants obtain Southold
Town Planning Board approval for a minor subdivision."
Is there anyone~present 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?
Mr. Muncy: I think you have gone through the file very carefully
and see what we are trying to do. We have gotten the variance from
the Zoning Board and applied to you folks to go ahead and have it
subdivided so I certainly would appreciate your approval.
Mr. Raynor: We like to see people upgrading the property and making
two lots instead of three. We understand it became merged. Is
there anyone else this evening that would like to speak in favor.
Is there anyone that has any information that should come before
this board at this time? Hearing none, Mr. Gordon, Mr. Latham, Mr.
Orlowski, are their any questions? (all negative) There being no
further questions, we will deem this hearing closed and thank you
for coming down this evening.
Planning Board -8-
Sept( ~er 22, 1980
8:15 p.m. Public Hearing on the question of the approval of the
preliminary map of the subdivision of Clement W. Booth located at
Mt. Beulah Avenue, Southold. Rudolph B~uer, Esq., appeared.
Mr. Raynor read the legal notice of hearing aud presented proof of
publication in the Long Island Traveler-Watchman.
Mr. Raynor: We have in the file the resolution for setting tonight's
hearing date, legal description of the property, correspondence from
the Suffolk County Department of Planning.
"It is the opinion of the staff that the Commission will
determine that the subdivision of this tract is a matter for local
determination since the subdivision will not have any direct impact
on the ishoreline.
"From the Town's point of view you may want to consider the
following:
"1.
The placement of proposed monument particularly to replace
those that may be lost if short radius curves are used at
existing street corners.
"2.
There is a low point in the road near the area reserved
for 'possible future road'. If property is developed
there may be a drainage problem in this area. Further
investigation should be made of stormwater runoff in this
vicinity.
"3.
Provision should be made to allow adjoining owners to
acquire area reserved for possible future road if this
area is not used for this purpose (adjoining property
developed without utilizing road).
"~. Short radius curves should be used at the corners of all
new streets.
"5 ·
It is felt that provision should be made for short radius
cur,-es at the existing street corners of Mount Beulah
Avenue. While these curves are not required at this time
they may be in the future and if they are the land has
already been acquired for highway purposes.
"6~ Lots 6 and 7 should be combined since Lot 6 is a substandard
lot.
"Staff comments on a preliminary map do not constitute a review
of the map by the Suffolk County Planning Commission. When the map
has been finalized it should be referred to the Commission for
review pursuant to Section 1333 of the Suffolk County Charter."
Mr. Raynor: There is correspondence from our board to the Suffolk
County Planning Commission, there is correspondence from this board
to the Superintendent of Highways requesting report and recommendations
prior to the 22nd of September. The letter is dated August 8th.
Planning Board ~ -9- Sep'~t~.~oer 22, 1980
There is correspondence to Mr. Bruer approving the sketch plan.
We have a letter from the Suffolk Co~muty Department of Health
Services.
"A precursory review of the above referenced subdivision
indicates problems may be enc~atered with obtaining potable
water due to high nitrate concentrations and pesticide
contamination. In addition, special consideration will have
to be given to the sewage disposal systems due to poor soils
in the area."
There is correspondence from this board to the Suffolk County
Department of Health Services with regard to lead agency status
under the State EnvironmenTal Quality Review Act. There is a
resolution by the Beard of Appeals approving insufficient area and
width of proposed Lot No. 6, as applied for. This is set off by
their resolution. There is a receipt from ~the Town Clerk for the
filing fee, a copy of the application, metes and bounds description,
statement with regard to grading, roads and drainage structures, a
short Environmental As~ essment Form. We have not received a report
from the Superintendent of Highways office nor the town engineer.
Is there anyone present that would like to speak in opposition to
the proposed subdivision? Hearing none, is there auyone prssent
that would like to speak in favor of the proposed subdivision?
Mr. Bruer: Not to prolong the hearing, I believe this is nov the
first time or second time we have been here. We got a minor
subdivision out of the middle. With the major subdivision in mind,
we have gone over it with the board. We woul~ ask that you approve
it. As to some of the comments of some of the agencies, I don't
know if I want to respond or this is the time for it. There is au
existing road that is owned by the town. I believe that the area
hasn't been farmed recently so I don't know of the alleged claim
of the nitrates. I would ask that the board approve it. We have
gone over this fairly well in the past.
Mr. Raynor: I see one deficiency on the map and that is your
"reserved for futu_~e dedication to the town". This should be
converted to a hiEhway and a street name given to it.
Mr. Bruer: I know we have had this before and it is my mistake
for not showing it. I would stipulate 'cross out the reserved for
future dedication to the town' and we can put in a name. As I
said before with respect to that the only benefit to any person
or group of people wonld be the farm or area to the east and the
only possible benefit to anybody would be that landowners in the
future would take care of that property. It seems to me it is unfair
in this instance to make Mr. Booth put in a road for a possible use
that will never come into being for an adjoining landowner that
miEht ne~er use it for access. We will agree to whatever you want.
If the land to the east should be developed we would stipulate it
would be given to that person and he could develop that road for
his benefit rather than Mr. Booth putting it in at this time.for
something that might never be developed. It seems patently unfair
to me in. this instance. We are happy to leave it for whatever
future owner to the east or present owners to the east to do with
Planning Board ~ -10- Sept?~er 22, 1980
whatever he wants to. It seems to me it would serve nobody's
benefit atuthis time to put it in and an expense to Mr. Booth.
Mr. Raynor: Your objections are noted. You realize we have our
own regulations that have to be followed with regard to this.
Mr. Bruer: Having spent most of the morning before the DEC and it
was pointed out to me that they have their regulations and he showed
me the town and the state have rules of which there are exceptions
and I think this should be an exception.
Mr. Raynor: Is there anyone else this evening that would like to
speak in favor of this proposed subdivision? Hearing none, is there
anyone else present this evening that has some information that
would be neither pro nor con but of some use to this board.
Corir~e Donopria: The land to the east has been mosquito infested
farmladd and poses some hazard to tbe ihhabitants there. The
southerly.most portion as it borders 01d North Road has-been under
water. W~are very well aware that Mount Beulah south and 01d North
as it goes along has created quite a problem with water. It has
put 01d North Road impassable. The town has had to pump water from
01d North Road to this property to make 01d North Road passable.
Mr. Bruer: Mr. Booth has generously offered his property for the
town to put water on. First of all, we should be talking about the
positive aspects of the map. I think objections were supposed to
be citedearlier. It has been through the generosity of Mr. Booth
and the land owners to the east to put the water off the road and
onto their private property. This land in the past has been used
as pasture.
Mr.Raynor directed that a copy of these comments be forwarded to
the Superintendent of Highways.
Ms. Donopria: It wasn't made as a negative statement.
Mr. Raynor: I will forward that section of the comments to the
Superintendent of Highways. We will see he gets the information.
Is there anyone else here this evening that has some comments
neither pro nor con but of information to this board? Mr. Gordon,
Mr. Latham, Mr. 0rlowski?(all negative) There being no further
comments, we will deem this hearing closed and thank you for coming
dol~T1.
Perillo. This is to be sent back to the Zoning Board of Appeals
along with the letter from the Suffolk County Planning Commission
which disapproved this subdivision. They are to be asked ~heir
position on this matter with a request for a reply before October
16.
Planning Board .... 11- Sept
~er 22, 1980
Mattituck Library site plan. The Building Department has refused
to issue a temporary certificate of occupancy for this building
addition because the parking lot has not been constructed. There
is a question about this in the minds Of the Planning Board members
and as a result they would like a letter from the library trustees
stating that the parking lot will be built a year from the date of
a temporary certificate of occupancy if such is issued.
Sea Breeze Village condominiums. An inspection of this property
was made by Sr. Building Inspector, Mr. Raynor and Mr. Gordon.
On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was
RESOLVED to approve the ~ollowing revisions to the approved
site plan for Sea Breeze Village condominiums:
Substitute Black Pines - minimum height 3~ 0" for parkin~
screen on beth east and west parking areas in lieu of
juniper hedge.
Substitute fifteen (15) 6' 0" high, 100 watt, light posts
as presently installed in lieu of site lighting indicated
on plan.
3. Add twenty seven (27) black pines 3' 0" in height planted
on the front property line 10' O" on center.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski
Abstain: Latham
Mr. Latham abstained because he is involved with inspecting the
property for the Roslyn Bank.
FIDC0. Maps'have been received which show the remaining property
~by FIDCO. An 'x' on the map denotes property which has been
withdrawn or sold. Mr. Raynor will respond to Jansen Noyes~
letter. Mr. Noyes is president of FIDCO.
8:45 p.m. Public Hearing on the question of the approval of the
minor subdivision of Dawn Estates Shopping Center, Inc. Mr. and
Mrs. Ted Kaplan and Mr. and Mrs. Bernie Kapl~n appeared.
Mr. Raynor read the legal notice of hearing and presented proof of
publication in the Long Island Traveler-Watchman.
Mr. Raynor: In the file we have the following from the SUffOlk
County Department of Planning:
Planning Board ~ -12- Sept~,~er 22 1980
"Pursuant to the requirements of Section 1333, Article XIII
of the Suffolk County Charter, the above captioned proposed
final plat which has been referred to the Suffolk County
Planning Commission is considered to be a matter for local
determination; however, this shall not be construed that the
Commission has either approved or disapproved this particular
plat. Comments - none."
In.the file is a resolution setting the public hearing date and a
metes and bounds description, correspondence from the applicant,
correspondence from this board to the applicant, requirements set
forth with regard to lot 4. There is a resolution by this board
diaapp~oving the sketch map and conditions ~ited. There is a
resolution of the Zoning Board of Appeals back in February.
"RESOLVED, that Dawn Estates Shopping Center, in Appeal No.
2661, be granted a variance to the Zoning Ordinance approving
the insufficient width and area as applied for, of a parcel
to be established in a proposed subdivision, subject to the
following conditions:
(1) Approval of the Subdivision by the Southold Town Planning
Board.
(2)
That the existing buildings, and any future proposed
structures, on the subject parcel, (known as Lot No.
be used only for storage or for conferences by the
proposed pturchaser, Crescent Beach Condominiums, and
shall never be used as living quarters or multiple-
family, or single-family residence(s)."
There is correspondence from our board to the Zoning Board of Appeals,
correspondence from this board to the Town Attorney with regard to
the buildings, declaration under the State Environmental Quality
Review Act and correspondence to the applicant. There is correspondence
from the New York State Department of Environmental Conservation
stating it had no jurisdiction. There are sketch plan conditions
and notations from the building inspector's office, a short
Environmental Assessment Form, application, early sketch maps. As
is the policy of this board, we will ask if there is anyone present
this evening that would like to speak in objection to the minor
subdivision of Dawn Estates Shopping Center, Inc. Hearing none,
is there anyone present this evening that would like to speak in
favor?
Mr. Kaplan: I am just here to see it is accomplished.
Mr. Raynor: Is there anyone present that has any information with
regard to this subdivision that should come before this board
tonight? Mr. Gordon and Mr. Latham made au inspection. Does it
meet all the requirements set by this board before this meeting?
Mr. Gordon: Yes.
Mr. Raynor: Mr. 0rlowski and Mr. Latham, do you have any questions?
(both negative) There being no further questions of the board, we
will declare this hearing closed and thank you for coming.
Planning Board .~ ~-t3- Sept~,er 22, 1980
Walter Gatz subdivision. At the request of the Planning Board,
Lawrence M. Tuthill, Town Engineer, and John W. Davis, Planning
Board Inspector, attended the meeting to discuss conditions set
forth for approval of the preliminary map.
#2. That the cuts and fills be balanced. It was determined that
it was impossible in that particular area to do it. What they have
done is alright without creating a lot of hardship.
Mr. Raynor asked the geht~lemen iF it was
was enough recharge in the two basins to
was their opinion that it would.
their opinion that there
contain the water. It
#7. That additional park and playground area be designated. The
Bo~d feels there is sufficient area and they have substantially
complied.
#6. It is the opinion of the members of the board that the stair-
well should be placed between lots 5 and 6.
Long Pond Estates bond estimate. Mr. Wilsberg had sent a letter to
the board along with some estimates of his own for the work seeking
to have tbs bond amount lowered. This was discussed with Mr. Tuthill.
The board considered the bond estimate as submitted by Mr. Tuthill
and see no reason At sh~dld be reduced after discussion with the
engineer and inspector.
Praetorius. Mr~ Allen Dawe, adOoining property owner, had requested
an appointment to discuss this with the board. Mr~ Morgan appeared
with him. This was a split granted by the Board of Appeals a y~ar
ago and Mr. Raynor asked him if he had approached the Board of Appeals.
He said he had not. Mr. Dawe presented a petition signed by the
property owners in Browers Woods, Mattituck. Mr. Raynor assured him
a covering letter would be sent to the Board of Appeals asking them
for their consideration in view of the petition. He was told to
contact the secretary of the Zoning Board of Appeals and ask for an
appointment to appear before the board. Mr. Gordon and Mr. Latham
inspected the property and agreed it should not be divided. The
matter will be tabled until there is a response from the Board of
Appeals.
Mattituck Library. Mr. Tillman, President of the library, appeared
before -~e Board and he was apprised of what had happened earlier
in the meeting. Mr. Tillman said they would agree to make every
effort to put the parking lot in within a year. Mr. Tillman said
he would not be able to make the commitment that it would be completed.
The letter will be sent to the library trustees.
Plauning Board ~ -t4- Sep~ber 22, 1980
Bayview Farm subdivisien (Peter Blank) William H. Price, Jr., Esq.,
appeared before the board. There have been problems with this
subdivision in that Health Department will not approve the map because
of the high nitrate count in the area. The land is sitting idle
as they don't wa~t to farm it and increase the nitrates. Mr~ Price
would like to make a four lot minor subdivision but reserve rights
on the approved plan just in case the Board of Health makes up its
mind some day as to how to handle this matter. Mr. Raynor said the
board carnaot look at two plans on one parcel of property. He also
felt the board would be remiss if it did not require a restrictive
covenant not to further subdivide the property if it came in as a
minor. Mr. Raynor directed that a letter be sent to the Board of
Health inquiring as to the status 6f this subdivision.
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED to approve the following amendments to the Town of
Southold Land S~odivision Regulations, constituting Chapter Al06
of the Code of the Town of Southold as follows:
I. By amending the definition of "Subdivision" contained in
Section A106-~3 to read as follows:
SUBDIVISION The division of any parcel of land into two (2)
or more lots, plots, blocks, sites or other divisions of land,
with or without streets or highways, including any extension
of any existing street, for the purpose, whether immediate or
future, of sale or building development, and including
resubdivision; provided, however, the term "subdivision" shall
not include the set-off or creation of a single lot from a
parcel of land, provided that before any such set-off or
creation shall take place, the owner shall submit such
proposal to the Planning Board for its approval aud determination
of whether such seT-off or creation constitutes a subdivision.
In making such determination, the Planning Board shall give
consideration, among other things, to:
Whether the lot to be set-off is ef such character
as to be suitable for the intended purpose without
danger of flood or other perils.
Whether adequate provision is or will be made for
drainage, water supply, sewer disposal and other
necessary utilities and improvements.
Whether the lot to be set-off is of such size as to
conform with the present or future development of
neighboring lands.
De
Whether the proposed set-off will be consistent with
the presen~ or future street lay-out of the neighbor-
hood.
Planning Board ~ .... 15- Sept~
,er 22, 1980
E. Whether the proposed set-off will require the extension
of municipal facilities or services.
F. Whether the proposed set-off will be in harmony with
the future growth and development of the town.
G. Whether adequate means of access and off-street
parking are provided.
H. Whether the proposed set-off will adversely affect
the present or future uses of neighboring lands.
If the Planning Board grants approval to set-off a lot as here-
inbefore provided, it may impose such conditions as it deems necessary
or appropriate.
II. By amending said Chapter Al06 by adding a new Section
thereto, to be Section A106-53 to read as follows:
Section A106-53 Approval of Board of Appeals Actions
Heretofore and between the period from January l, 1971
and September 5, 1979, the Board of Appeals made certain
determinations on appeals to it involving area variances and/or
the relocation of lot lines and/or the sst-off of lots, all of
such determinations being set forth on a schedule caused to be
compiled by the Planning Board. Many of the Board of Appeals
determinations on said schedule may have required approval by
the Plauning Board. However, due to misunderstanding,
inadvertance or oversight, the owners of the lands involved did
not thereafter apply to the Planning Board for its approval.
In the intervening time, many of the lands involved in such
Board of Appeals' determinations have been sold, and/or built
upon in reliance upon the Board of Appeals' determinations and
the subsequent issuance of building permits and/or certificates
of occupancy. The Planning Board has reviewed all of the
determinations set forth on the aforesaid schedule. In view of
the foregoing, the Plarnaing Board (and the town board as
evidenced by its approval of this amendment) determines that an
extreme hardship would be caused if such owners were, at this
time, required to obtain approvals from the Planning Board.
Accordingly, it is hereby determined that any Planning Board
approvals that may have been required with respect to the Board
ofiAppeals determina~i0ns set forth on said Schedule are hereby
deemed to have been granted with the same force and effect as
if the same had been submitted to and approved by the Planuing
Board in accordance with the applicable laws and regulations.
It is further determined that said Schedule shall be endorsed
by the Chairman of the Planning Board and filed in the Town
Clerk's Office simultaneously with the effective date of this
amendment.
Vote of the Board: Ayes: Ray-nor, Gordon, Orlowski, Latham
The resolution will be presented to the Town Board at its meeting
on September 23, 1980 for its action.
Planning Board
...... 16- Sep~b/er 22,
1980
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED that whereas a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of Herbert E.
and Kathleen R. Muncy located at East Marion was submitted.to the
Planning Board on July 7, 1980, and au application fee of $50 was
paid on July 7, 1980, and
WHEREAS a public hearing was held on the said subdivision
application and plat at the Town Hall, Southold, New York, on
September 22, 1980 at 8:00 p.m., aud
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
Herbert E. and Kathleen R. Muncy for approval of said subdivision
plat prepared by Roderick Van Tuyl, P. C., be approved and the
chairman be authorized to endorse 3 his approval on the map.I
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
On motion made by ~. Latham, seconded by Mr. Gordon, it was
RESOLVED that pursuant to Article 8 of the Environmental Con-
servation Law State Environmental Quality Review Act and 6NYCRR
Part 617, Section 617.10 and Chapter AA 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 Herbert E. and ~ath!een R. Muncy is
a two-lot residential subdivision of property located at East
Marion in the Town of Southold.
The projecthas 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.
Because there has been no response in the allotted time
from ~the New York State Department of Environmental
Conservation it is assumed that there is no objection
nor comments by that agency.
The Suffolk County Department of Health Services has
indicated that conditions should be suitable for
individual sewage disposal facilities; however, available
information indicates that the fresh water aquifer is
limited to approximately a 20 foot depth.
Planning Board
-17- Sept~er 22, 1980
The project will meet all the requirements of the Code of
the Town of Southold Subdivision of Land Regulations.
F~rther information can be obtained by contacting Ms. Muriel
Tolman, Secretary, Southold Town Planning Board, Main Road,
Southold, New Yorkl1971.
Vote of the Board: Ayes: Raynor, Gordon~ 0rlowski, Latham
On motion made by Mr. ~erdon, seconded by Mr. Latham, it was
RESOLVED that whereas a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of Dawn Estates
Shopping Center~ Inc. located at East Marion was submitted to th~
Plarnaing Board on August 3, 1979, and
WHEREAS a public hearing was held on the said subdivision
application and plat at the Town Hall, Southold, New York, on
September 22, 1980 at 8:45 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
Dawn Estates Shopping Center, Inc. for approval of said subdivision
plat prepared by Roderick Van Tuyl, P.C., be approved and the
chairman be authorized to endorse his approval on the map.
Vote of ~he Board: Ayes: Raynor, Gordon, 0rlowski, Latham
The following letter was directed by the chairman to be sent
to the chairman of the Zoning Board of Appeals:
On ~initial discussion on presubmission o£ the subdivisien
of Praetorius the Planning Board feels there are several
glaring deficiencies with regard to adjacent property
drainage and topography in the immediate area.
We are herewith transmitting to you the enclosed objection
of one Mr. Allen Dawe representing Browers Woods. He will
be in further contact with you.
Prid~en. The committee was unable to make an inspection of this
property but will do so before the next regular meeting.
Planning Board
-18- Sep~er 22, 1980
On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was
RESOLVED to disapprove the sketch map of the minor subdivision
of Joseph Gajeski dated June 20, 1980, said property located at
Southold.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski; Latham
Nina Stevens. It will be necessary that the developer withdraw
the application for a major subdivision and present a new application.
The right-of-way will have to ber~drawn to conform with the ~
east-west road. The rest of the property will require a covenant
that it will only be developed as a maoor subdivision. The applicant
must file a short Environmental Assessment Form.
On motion made by Mr. Gordon, seconded by Mr. 0rlowski, it was
RESOLVED that She Southold Town Planning Board declare itself
lead agency for the subdivision of property of Harbor Lights,
Section IV located at Southold. This project is unlisted .and an
initial determination of non-significance has been made.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
p.m.
RESOLVED to set 7:45/0ctober 16, 1980 at the Town Hall,
Southold, New York, as the time and place for a public hearing
on the question off the approval off the preliminary map of the
subdivision to be known as Harbor Lights~ Section IV.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
A copy of the map is to be sent to the Superintendent of Highways
and the Town Engineer with a request for comments and recommendations
before that date.
On motion made by Mr. Latham, seconded by Mr. Gordon, ~i2 was
RESOLVED that whereas a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of Ronald and
Edith Reese located at Southold was submitted to the Planning Board
on July 28, 1978, and au application fee of $95.00 was received on
July 28, 1978, and
WHEREAS a public hearing was held on the said subdivision
application and plat at the Town H~tl, Southold, New York, on
August 25, 1980 at 8:00 p.m., and
Planning Board ~ -19- Sept~,er 22, 1980
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 Ronald
and Edith Reese for approval of said subdivdsion plat prepared by
Roderick Vau Tuyl, P.C., be approved and the chairman be authorized
to endorse his approval on the map, subject to consideration of the
conditions of the Suffolk County Planning Commission, if any.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
On motion made by Mr. Latham, seconded by Mr. Gordon, it was
RESOLVED to approve sketch plan dated June 18, 1980 of Katie J.
Dexter for property located on the south side of Park Avenue at
~uck.
Vote of the Board: Ayes: Raynor, Gordon, Or!owski, Latham
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board declare itself
lead agency for the subdivision of the property of Katie J. Dexter
located on the south side of Park Avenue at Mattituck. This project
is unlisted and an initial determination of non-significance has
been made.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
The board will require six maps indicating "Minor Subdivision of"
before proceeding any further in this matter.
On motion made by Mr. Latham, seconded by Mr. Gordon, it was
RESOLVED to set 7:30 p.m., Thursday, October 16, 1980, at the
Town Hall, Southold, New York, as the time mud place for a public
hearing on the question of the approval of the minor subdivision of
.Mary Ruth Whitehead and Norman Whitehead located at East Marion.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED that whereas the map of Whitcom Investment Company
is in conformity with the conditions of the Suffolk County Planning
Commission that the chairman be authorized to sign map dated
September 2, 1980.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
Planning Board ..... 20- Sep~oer 22, 1980
Mr. John Diller, attorney for Helen snd Anita ~cN.ulty has
requested that the board over-ride the condition of the Suffolk
County Planning Commission requiring a 100 foot setback from
Peconic Bay. The action to over-ride a condition requires a
majority plus one vote of the board.
On motion made by Mr. Gordon, seconded by Mr. Latham, it was
RESOLVED to over-ride the condition of the Suffolk County
Planning Commission requiring a 100 foot setback from Peconic Bay
for the minor subdivision of Anita and Helen McNulty.
Vote of the Board: Ayes: Raynor, Gordon, Latham
Nay: Orlowski
The condition did not rece£ve ~he re~ired votes for an over,ride.
The following letter under date of September 19, 1980 to the
Plarnaing Board was received:
Re: Robins Island
Gentlemen:
Mr. John J. Raynor and I have not contacted you in the recent past
about the development of Robins Island; however, based upon
inquiries from the New York State DEC, I contacted our client in
writing. The client advised as follows:
"Any development (of the island) will be limited to
the proposed subdivision of twenty-eight lots."
However, I am also advised by the client that there will be no
application to implement the subdivision in the very near future.
/s/ William W. Esseks
On motion made by Mr. Latham, seconded by Mr. Gordon, it was
R~SOLVED that~the Southold Town Planning Board declare itself
lead agency for the subdivision of property of Galileo Valentini
located at Fishers Island. Thms project is unlisted and an initial
determination of non-significance has been made.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
On motion made by Mr. Latham, seconded by Mr. Gordon, It was
RESOLVED to appreve sketch map dated July 1980 of the minor
subdivision of Galileo Valentini located at Fishers Island subject
to contours being shown on the final map.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham
Planning Board
-21- Sept~er~ 22, 1980
Fanny Behlen Community. Health Center. The building inspector has
not certified the site plan as being in conformauce with the Code
of the Town of Southold. The front yard setback of 100 feet and
the side yard setback of 50 feet have'not been met. It will be
necessary that the principles go to the Board of Appeals for
variances if they wish to continue with this plan. They will also
require a special exception from the Board of Appeals for this use.
East-West Road. Mr. Raynor would like to set up a committee to
finish up with the east-west road using someone from the Suffolk
County Planning Commission, Young & Young, Roderick Van Tuyl. He
would like estimates on the cost of the road mapping. In conjunction
with the Town Board, he wonld like to set up a committee and get
started as soon as it is decided exactly what to work for. He would
like an initial meeting with the surveyors at a regular Planning
Board meeting.
Open Wetlands. Mr. Raynor would like to s~t up a committee to work
with some legal counsel and someone in the Suffolk County Planning
Commission to come up with a program whereby the town can buy back
all the' remaining open wetlands through some type of tax abatement
struc~mre so in a number of years it would revert back to the town.
This would be with the consent of both parties. It has to be dual
consent and foresighted enough for the people that hold the
property. _He would like to send a letter to the Town Board explaining
it to see if someone from that board would like to serve on the
committee.
Sebastian's Cove. Mr. Dean has requested that a meeting be held on
a new map he has received regarding road const~ction in this
subdivision. A committee is to be appointed to meet at his office.
All the Planning Board members expressed a wish to be in attendance
at this meeting. Mr. Davis, Mr. Tuthill and Marc Usher of the Soil
and Water Conservation District will be invited to attend.
Two-family housing. Mr. Raynor will request the Town Board to
designate one or two members to serve on a committee to establish
some criteria and parameters for setting up specific two-family
housing sites in some of the older areas of town.
Motion was made by Mr. 0rlowski, seconded by Mr.
carried to approve the minutes of the meeting of the
of August 20, 1980.
Latham and
Planning Board
Planning Board ~ -22- Sept(~er 22, 1980
Motion was made by Mr. 0rlowski, seconded by Mr. Latham and
carried to approve the minutes of the regular meeting of August
25, 1980.
There being no further business to come before the Board,
motion was made by Mr.. 0rlowski, seconded by Mr. Gordon and
carried to adjourn the meeting. Meeting adjourned at ll:05 p.m.
Respectfully submitted,
Muriel Tolman, Secretary