HomeMy WebLinkAboutPB-09/25/2017 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex x0F s® �® P.O.Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
Atc www.southoldtownny.gov
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PLANNING BOARD OFFICE a
TOWN OF SOUTHOLD �;1 (a1 ?J:30
MEETING MINUTES OCT 2 2017
September 25, 2017 outhold Town Clerk
4:00 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice-Chairman
Martin Sidor, Member
-Pierce Rafferty, Member
Heather Lanza, Planning Director
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
Erica Bufkins, Planner Trainee
William Duffy, Town-Attorney
Chairman Wilcenski: Good Afternoon and welcome to the Planning Board Meeting of
September 25, 2017.
Pierce Rafferty: I make a motion to take the Nadile (SCTM#1 000-89-1-1) resolution off
the floor.
James H. Rich III: Second
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 12 September 25, 2017
Chairman Wilcenski:
WHEREAS, on December 20, 1927, a map entitled "Subdivision Map of Cedar Beach
Park" was filed in the Office of the Suffolk County Clerk; and
WHEREAS, the aforementioned map included the property known as 14105 Main
Bayview Road, Southold, and identified on the Suffolk County Tax Map as Lot#1000-
89-1-1 (hereinafter referred to as the Subject Property), with a notation "Tennis Courts
and Playground"; and
WHEREAS, it is the understanding of the Planning Board that the owner of the subject
property has applied for a building permit but has been denied based upon the notation
on the aforementioned map of"Tennis Courts and Playground" as well as a reference to
the notation in the deed for the subject property; and
WHEREAS, the filing of the aforementioned map pre-dates the Town's adoption of a
Zoning Ordinance, was prior to the creation of the Planning Board, and was not subject
to review by any board; and
WHEREAS, there are no covenants or restrictions of record filed with the Office of the
Suffolk County Clerk; and
WHEREAS, the subject property was the subject of an action to Quiet Title, wherein it
was determined that the neither the map filer, or his successor in interest had title to the
subject property and that none of the residents of the Cedar Beach Park Subdivision
had any right or title in the subject property; and
WHEREAS, based upon a Stipulation of Settlement in the aforementioned litigation to
Quiet Title the Planning Board granted an application for a Lot Line Modification and
granted access to the subject property over a neighboring parcel; and
WHEREAS, in granting the aforementioned application the Planning Board made no
mention of, and did not require the filing of any covenants and restrictions limiting the
use of the subject property; and
WHEREAS, the Planning Board has been advised by the Town Attorney that the
notation of"Tennis Courts and Playground" on the aforementioned map is a legal nullity
because the map filer had no interest in the subject property; and
WHEREAS, the Town Attorney has advised the Planning Board that it is the opinion of
the Office of the Town Attorney that the subject property is a buildable lot and that a
building permit could and should issue; therefore be it
RESOLVED, that based upon record before the Board and the advice of counsel, the
Planning Board hereby determines that any designation of the subject property as
Southold Town Planning Board Page 13 September 25, 2017
"Tennis Courts and Playgrounds" is a legal nullity and should merely be interpreted as
descriptive in nature in identifying the subject property.
Martin Sidor: So moved.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Marty, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: And be it further
RESOLVED, the Planning Board hereby determines that the subject property is a
buildable lot.
Martin Sidor: So moved.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Marty, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: I need a motion for adjournment.
James H. Rich III: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Marty. Any discussion? All in
favor?
Southold Town Planning Board Page 14 September 25, 2017
Ayes.
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
Jessica Michaelis
4 Transcribing Secretary
Donald J. Wilcenski, Chairman
RECEIVED
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