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HomeMy WebLinkAboutPB-04/09/1990 Z PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �0 �' Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 SOUTHOLD TOWN PLANNING BOARD MINUTES APRIL 9, 1990 Present were Bennett Orlowski Jr. , Chairman G._. Richie Latham Richard Ward Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Jane Rousseau, Temporary Secretary Mr. Orlowski: Good Evening, I would like to call this meeting to , order. First order of business, public hearings, subdivision finals, 7:30 p.m. Fishers Island Utility - This minor subdivision is for two residential lots located on Fishers Island. SCTM #1000-6-6-20. We have proof of publication in the Suffolk Times, Long Island Traveler Watchman and the New London Day. At this time everything is in order for a final hearing and I will ask if there are 'any objections to this subdivision? Hearing none, are there any endorsements of this subdivision. Richard Lark: Good evening, I represent the applicant of Fishers Island Utility. In recent correspondence dated March 27th, you set the matter down for public hearing you asked that certain covenants be imposed and asked for a draft to be presented to you. I am handing you a draft of that now and I just want to point out that there is no objection at all for the applicant because that is the way the subdivision was intended. To have the driveways for access to lots one and two on Central Avenue so I put the covenant, the driveways for vehicle access to lots one and lot two shall be from Central Avenue, that is not a problem. The second covenant that you put on there . created a wee bit of a problem and I think I fulfilled what you PLANNING BOARD MINUTES 2 APRIL 9, 1990 want but you've. got in your resolution that you want affordable housing and I don't know what that means. I don't think anybody else does either if you read your newspapers. Then you wanted it for year round housing. Now, the more I thought about it, the covenant that I proposed for you, I think it intends which you intend and that is eight dwelling constructed on lots one and two shall be utilized for the purpose of year round occupancy only. I think that' s what you want because I don' t know what year round housing means and if somebody can explain to me what year round housing in the Webster sense of . the word means I would be happy but I think under zoning and covenants year round occupancy with a dwelling is pretty well clear what you want if that is in fact what you want. The applicant has no problem with that. The words that you picked up were said in the thing about something about a June 29th, Zoning Board. of Appeals, I represented the applicant in that to get the two lots and the reason for it is the utility company, its. present intention is to put modular homes on the property and install two of its year round employees because you know on the island Walsh Park housing is a problem especially for the utility company to attract competent people.. It is intended as a year round home so putting that restriction on doesn't have any problem because again the Board of Appeals tried to raise the affordable housing issue and they couldn't explain it to me either, what they mean and I think after, from what I gathered, and I will let Mr. Edwards speak on it because he lives over there and he knows the acute housing shortage and to attract people that is what the purpose is. It is not the purpose of the utility company to subdivide and sell, they have no intention of doing that but on the other hand, fifteen years from now if the utility company a private utility, goes out of business and it is taken over by some type of power authority, who is to say what is going to go on over there. So I think the covenant would be enforceable by leaving it as I proposed to you and I think it meets the intent. The vehicle access again is not a problem and really what I think is you wanted those to be year round homes and year round occupied. You don' t want them as summer homes or seasonal homes: I think that is pretty much the intent of everything. Mr. Orlowski: O.K. , do you have any comments on that Mr. Edwards? Mr. Edwards: I kind of agree with Mr. Lark, I think that is the intent and it certainly is my intent that it stays year round housing. Mr. Lark: We' re looking for a full time year round resident, that is really what we are after there. Mr. Edwards: I agree. Mr. Lark: I didn't know what it means because you know what the intent is. They didn' t want to be limited as to the size of the PLANNING BOARD MINUTES 3 APRIL 9, 1990 garage and all of that business that you get into when you get into square footage costs. Mr. Edwards: Maybe we can redo the covenants. Mr. Lark: I gave him a sample for what you want and if they are in approved form then I will get them signed by Mr. Doherty as soon as he gets .back from Florida. So I move for a resolution approving this subdivision subject to approval and getting signed covenants into your office that are recorded. Mr. Orlowski: O.K. . Mr. Lark: Any further questions? We're been at this one for over a year or so. Mr. Orlowski: O.K. , any other endorsements of, this subdivision? Hearing none, is there anyone out there neither pro ,nor con but may have information pertaining to this subdivision that would be of interest to the board? Mr. Edwards: I would like to move this for approval subject to the approval of the covenants and restrictions? Board: No questions. Mr. Orlowski: No further questions, I' ll declare this hearing closed. Mr.. Edwards do you want to make a motion? Mr. Edwards: I would move to approve subject to review and approval of the covenants so presented by Mr. Lark. Mr. Ward: Second. Mr. Orlowski: Motion made and. seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. McDonald Mr. Orlowski. Mr. Orlowski: Opposed?' So- ordered. Mr. Orlowski: .7: 35 p.m - James Cross - This is for a set off of a 86,946 square foot parcel from a 7 .914 acre parcel located on the north side of Main Road in Cutchogue. SCTM #1000-108-3-12. We have proof of publication in the local papers and at this time everything is in order for a final hearing. I ' ll ask if there are any objections. to this set off? Hearing none, are there any endorsements of this set-off? Hearing none, any questions from the board? Board: No questions. PLANNING BOARD MINUTES 4 APRIL 9, 1990 Mr. Orlowski: Being no further questions, I will declare this hearing closed. Does the board have any pleasure? Mr. Ward: Mr. Chairman, I. would like to offer the following resolution. WHEREAS, Ralph Tuthill and his wife are the owners of the property known and designated as SCTM #1000-108-3-12.2, and James E. Cross is the owner of SCTM #1000-108-2-12.1, located off a 50 foot right-of-way on the north side of Main Road (S.R. 25) ; 1281.6 feet east of Elijah' s Lane in Cutchogue; and WHEREAS, this set-off application, to be known as James E. Cross Set-Off, is to set off a 86,946 square foot parcel from a 7 . 9140 acre parcel; and WHEREAS, a variance in accordance with the Town Law, Section 280A for approval of access was granted by the Zoning Board of Appeals on June 23,, 1988; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8) , Part 617, declared itself Lead Agency and issued a Negative Declaration on May 15, 1989; and. WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 9, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of. Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the. Chairman to endorse the final. survey dated June 9, 1989. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. (Chairman signed maps) HEARINGS HELD OVER FROM PREVIOUS MEETINGS: PLANNING BOARD MINUTES 5 APRIL 9, 1990 Mr. Orlowski: Doris Price Moeller Foster - This minor subdivision is for three lots on 8..5 acres located at Cutchogue. - SCTM #1000-103-9-13 Final public hearing was open on February 13th and we're keeping it open until we receive the final maps showing all the previous Planning Board requests and the current stamp of the Suffolk County Health Department. I don't know if there is anyone here representing the applicant but we will keep this hearing open and I will entertain a motion to keep it open. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed.? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS: Final Determinations: Mr. Orlowski: Orient Park Estates (formerly George & Irving Newman) . This minor subdivision is for four lots on 16.107,3 acres located in Orient. SCTM #1000-19-1-15. Mr.. McDonald: Mr. Chairman, I would like to make the following motion. WHEREAS, George and Irving Newman are the owners of the property known and designated as SCTM #1.000-19-1-15, . located at the south side of Main Road (NYS, RT. 25) ; 3,833 feet east of Narrow River Road in Orient; and WHEREAS, this subdivision, to be known as Orient Park Estates is for four lots on 16.7073 acres;' and. WHEREAS, the Southold Town Planning Board, pursuant to the State 'Environmental Quality Review Act, (Article 8) , Part 617, declared itself Lead Agency and issued a Negative Declaration on December 17 , 1984; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on March 5, 1990; and PLANNING BOARD MINUTES 6 APRIL 9, 1990 WHEREAS, all the requirements of the subdivision regulation of the Town of Southold have been met• and be it therefore, RESOLVED,, that the Southold Town Planning Board grant conditional final approval on the maps dated February 27, 1989 and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must .be met within six ( 6) months of the date of this resolution. 1. Submission of final. maps (5 paper prints and 2 mylars) with the following: A. A current stamp of Suffolk County Health Department approval. B. The location of the firewell. C. A notation that a Declaration of Covenants and Restrictions has ben filed,and the Liber and. page number. D. The statement "Proposed Taking Line.," and all references to the proposed taking area, should be re-stated as DEC Taking Line if the taking has occurred. If the Taking is still proposed, all statements in reference to itshould be removed and both the total area of Lot number four and the area of the lot less the area of the wetland and the pond should be stated. 2. A copy of the recorded Declaration. of. Covenants and Restrictions. 3. Curb cut approval from the New York State Department of Transportation. 4. Submission of a bond, Letter of Credit, or the equivalent, for the amount of $67,560. 00 5. Submission. of the inspection fee of $4,053 .60. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD MINUTES 7 APRIL 9, 1990 Mr. Orlowski: Alan Cardinale - (James ,Creek) - This subdivision is for four lots on 15.9012 acres located at Mattituck. SCTM #1000-122-3-1. 4. Mr. Ward: I would like to offer the following resolution. WHEREAS, Alan A. Cardinale is the owner of the property known and designated as SCTM #1000-122-3-1. 4, located at the east side of NYS Rout 25; approximately 700 feet north of Bay Avenue in Mattituck; and WHEREAS, this minor subdivision, to be known as Alan Cardinale Minor Subdivision is four lots on 15.73 acres; and WHEREAS, the Southold town Planning Board, -pursuant to the State Environmental. Quality Review Act, (Article 8) , Part 617, declared itself Lead Agency and issued a Negative Declaration on April 15, 1985; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall., Southold, New York on March 5, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the -Southold Town Planning Board grant conditional final approval on the maps dated November 8, 1989 and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six ( 6) months of the date of this resolution. 1. Curb cut approval from the New York State Department of Transportation. 2. A draft of the revised Declaration of Covenants and Restrictions which was submitted previously, including all requirements of the February 8, 1990 Suffolk County Planning Commission report. . Upon approval of the draft by the Planning Board and the Town Attorney, the document must be filed in the office of the County Clerk prior to endorsement of the subdivision. 3 . Final maps ( 5 paper prints and 2 mylars) with the following: A. A current stamp of Health Department approval. B. The location of the firewell as requested in the Planning Board' s correspondence of PLANNING BOARD MINUTES 8 APRIL 9, 1990 January 12, 199.0. C. Compliance with the December 11, 1989 Engineer' s Report. D. The additions requested in the February 8, 1990 Suffolk County Planning Commission Report. 4. Submission of a bond, Letter of Credit or equivalent for the amount of $78,870. 00, and acceptance of same by the Town Board. 5. Submission of the inspection fee of $4,732.00. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: The North Forty - This major subdivision is for thirteen lots on 30. 3565 acres on the south side of Oregon. Road, 621 feet west of Depot Lane in Cutchogue. SCTM #1000-95-4-14.1. First, what is the pleasure of the board on the bond estimate. Mr. McDonald: Mr. Chairman, I would like to enter a motion. RESOLVED to adopt the bond estimate which was revised by the Planning Board on April 9, 1990, and to recommend same to the Town Board. The bond estimate is in the amount of $319,730. 00 , with an inspection fee in the amount of $19,183 . 00. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. Ward, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I will now make a motion that be it PLANNING BOARD MINUTES 9 APRIL 9, 1990 RESOLVED that the Southold Town Planning. Board set Monday, April 30, 1990 at 7 : 40 p.m. for a' final public hearing on the maps dated December 21, 1989. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. , McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Anthony & Helen Dris - This minor subdivision is for three lots on 9. 6526 acres located on the west side of Breakwater Road; 186. 37 feet south of Stanley Road in Mattituck. SCTM #1000-106-8-20.1. Mr. Orlowski: I would like to make a motion. RESOLVED that the Southold Town Planning Board set Monday, April 30, 1990 at 7: 3-0 p.m. for a final public hearing on. the maps dated January 9, 1989. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded.. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Cornfields - This major subdivision is for ten lots on 20. 9955 acres on the east side of Youngs Avenue; approximately 500 feet north of Middle Road (C.R. 48) in Southold. SCTM #1000-55-2-9.1 Mr. Orlowski: I will make a motion. RESOLVED that the Southold Town Planning Board set Monday, April 30, 1990 at 7:35 p.m. for a preliminary public hearing on the maps dated February 12, 1990. Mr. Edwards: Second. PLANNING BOARD MINUTES 10 APRIL 9, 1990 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. McDonald, Mr. Ward, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Sketch Extensions: Mr. Orlowski.: Robert E. VanNostrand - This is for a set off of a 80,000 square foot parcel from a 17.595 acre parcel located on the northwest corner of King Street and Old Farm Road. in Orient. SCTM #1000-25-4-11. 4. Mr.. Orlowski: I will make a motion. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from April 3, 1990 to October. 3, 1990. Mr. Latham: Second. Mr. Orlowski: Motion made. and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. REVIEW OF REPORTS: SUFFOLK COUNTY PLANNING COMMISSION. Mr. Orlowski: Pugliese and Calabrese - This minor subdivision is for three lots on 41.783 acres located on the northeasterly side of Main Road, 853 .33 feet. southwesterly from Bridge Lane in Cutchogue. SCTM #1000-97-1-12.1 Mr. McDonald: I would like to offer the following motion. RESOLVED to adopt the following from the March 8, 1990, Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report) : 1, 2, 3, 4, 5 & 6. Are to remain as written. 7. Is to be revised to read: No stormwater runoff resulting from the development and improvement of PLANNING BOARD MINUTES 11 APRIL 9, 1990 the subdivision or any' of its lots shall be directly discharged into any of the ponds on the property or wetlands that may be within the parcel. 8. Is to remain as written. 9. Is to be revised to read: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modifications shall not be required. 10. Is to remain as written, with the addition that the liber and page number of the filed. document be included on the final map. Numbers 1, 2, 3, 4, 5, 6, 7, 8 & 9 must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the office of the County Clerk. Number 1.0 must be shown on the final map.. The Planning Board requested the following revisions to the map: 1. The area of the ponds must be stated on the map. 2. The upland area of Lot #1 and Lot #2 must be stated on the map. Lot #l. must be two acres excluding the area of the pond. 3 . It must be stated on the map that the building which straddles the proposed lot line of Lot #1 is to be removed. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor. Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD MINUTES 12 APRIL 9, 1990 Mr. Pugliese: May I say something? You send me ten or eleven things here and I don' t even know what' s going on so when are you going to review this again? Mr. Orlowski: Well, you will. get a letter tomorrow in the mail.stating what this is all about. This is taken from the Suffolk County Planning Commission' s Report of March 8th and tomorrow you' ll have this is the mail. If you have any questions you can call our office. REVIEW OF REPORTS: Suffolk County Planning Commission. Mr. Orlowski: The North Forty - SCTM #1000-95-4-14.1. This has already been done. Mr. Orlowski: Kay Dee Estates - This minor subdivision is for three lots on 5. 959 acres located at Leslie Road in Cutchogue. SCTM #1000-97-4-17. Mr. Robert Koaziewicz: Office of Peter Danowski. I believe it is a concern that has been addressed previously to the board and I think it was in the case of Mr. and Mrs. Graeb. Mrs. Bailey, who is the applicant of Kay Dee Estates, proposes to subdivide the land. The basic proposition for the subdivision is to have plans for her children. The property, involved here is approximately six acres and we've gotten a bond estimate with the inspection fee of $72,970.00. I have discussed it with my client and basically this bond estimate would make it infeasible to subdivide for her children. I don't know what. happened with the Graeb' s case but I know they expressed similar concerns and I would ask, although I hate to do it, if this could be held. over to April 30th, 1990 to ask the board whether they could reconsider this situation. To be quite honest, I don' t know what the exact answer is but I know with the estimate as high as it is my client is in a position that is economically infeasible or impossible at this time to pursue the subdivision. Mr. Orlowski: Alright, as with the Graeb' s case and the Planning .Board is working on some alternate road specs possibility and maybe we can work with the road committee and the Town Board to do something about it. Do you want to put this on hold right now as the Graeb' s have done? Mr. Koaziewicz: I believe that is what we would like to do at this point because this is something that is required by the board. It is just impossible for us to foresee it. Mr. Orlowski: O.K. , have you gotten Health Department approval yet? Mr. Koaziewicz: Yes, I'll get them to the board. PLANNING BOARD MINUTES 13 APRIL 9, 1990 Mr. Orlowski: O.K. Mr. -McDonald: Are you still waiting to hear from the Fire Department about the firewell? Mr. Koaziewicz: Yes. Mr. Orlowski: O.K. , we' ll review that and send you a copy of some standard C & R' s which. you can review. Review of Bond: Mr. Orlowski: Chardonnay Woods SCTM #1.000-51-3-3 . We have a letter of credit ready to expire. The applicant has asked that it be reduced since the work in regard to drainage has been done and put in place. What is the pleasure of the board? Mr. Ward: Mr. Chairman, I offer the following resolution. RESOLVED that the letter of credit be reduced to $350,000.00 and maintain the inspection fee as it is. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any..question on the motion? All those in favor? Ayes: Mr. Ward., Mr. Orlowski, Mr. Latham Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? In that resolution you want to make it that we send that to the Town Board for their approval. Mr. Ward: Yes, I' ll amend it. Mr. Orlowski: All those in favor? Ayes: Mr. Ward, Mr.. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: So ordered. Park and Playground Determination: Mr. Orlowski: Thorton Estates Section 1 - This major subdivision is for fourteen lots on 29.3064 acres, located on the north side of Sound. Avenue; 952.2 feet east of Bergen Avenue in Mattituck. SCTM # 1000-121-1-p/o 1.1. PLANNING BOARD MINUTES 14 APRIL 9, 1990 Mr. Ross: Wickham, Wickham, and Bressler. May I be heard? I represent the applicant. I. understand the board is going to consider the park and playground requirements and specifically I understand they are going to set an amount to be received in lieu of dedication of park and playground land or area, and as we understand it, and I haven' t seen the yield map in. speaking with the surveyors and I didn't have the yield map in my file that the park and playground area was shown on the yield map. Consequently, it seems by requiring the. money in lieu of dedication you are in effect paying for the park land twice.. Once on the decreased yield and once in terms of the money in lieu of parkland and I understand the board is going to consider this tonight and I just wanted to put those objections on the record at this time. We don' t know what the amount is going to be so it is hard to make determinations and in all honesty I have only looked into this issue today. I haven.' t had a chance to look into it in depth but it seems that there is a type of double dipping here on the part of the playground requirements. Mr. Orlowski: O.K. , does the board have any comments or questions on this? Mr. Ward: Just the fact that it has been the town' s policy to . . . the yield map is a determination. of just what it is, 'a yield. The determination of park and playground whether it is taking acreage or money in lieu of the acreage is usually done at this stage. Mr. Ross: I think though that if the park and playground area is shown on the yield map then it should be a determination to be made by the applicant as to whether to dedicate the area or to make a contribution of money and I understand it is the board' s position that that is not the applicant' s determination but the board's determination which as the code indicates that it is your determination and as. I understand it you wouldn' t be interested in a situation such as this in parkland or playground but that being the case it seems like there is a double hit here on the parkland issue. Mr. Orlowski: Well, it has been the policy of the board to do it this way and what is the pleasure of the board on this? Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that as per Section A106-38E of the Town Code, the subdivision entitled Thornton Estates Section 1 be referred to the Town Board for a determination of the amount of the cash payment to be deposited in lieu of land reservation for park and playground purposes. This subdivision is for fourteen lots on 2.9.3064 acres, and is located on the north side of Sound Avenue, 952.2 feet east of PLANNING BOARD MINUTES 15 ' APRIL 9, 1990 Bergen Avenue in Mattituck. This is Section I of a three section development. Final maps for Sections II and III have .not yet been submitted. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski., Mr. Ward. Mr. McDonald: Abstained. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL. QUALITY REVIEW ACT. Determinations: Mr. Orlowski: Anthony and Helen Dris - SCTM # 1000-106-8-20.1. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes; Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. SITE PLANS Final Determinations: Mr. Orlowski: Pindar Vineyard - This site plan is for an amendment to an existing site plan for a storage building on Main Road in Peconic. SCTM 41000-85-2-15. Mr. McDonald: I would like to offer the following resolution. .PLANNING BOARD MINUTES 16 APRIL 9, 1990 RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of. non-significance and grants a Negative Declaration. WHEREAS, Dr. Herodotus Damianos is the owner of the property known and designated as Pindar Vineyards, SCTM #1000-85-2-15, located at Route Twenty Five ( 25) east of Bay Avenue, Peconic, Southold; and WHEREAS, a formal application of the approval of this site plan was submitted on March 15, 1990; and WHEREAS, all the requirements of the. Site Plan Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated March 30, 1990. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards, Mr. 'Ward. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) Mr. Orlowski: Andreas E. Markakis - This site plan is for a change of use in an existing building located on Boisseau Avenue in Southold. SCTM #1000-62-1-16. Mr. Orlowski: What is the pleasure of the board in regard to SEQRA determination? I make a motion that RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative Declaration. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? PLANNING BOARD MINUTES 17 APRIL 9, 1990 Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. 'Orlowski: Opposed? So ordered. Mr. Orlowski: What is the pleasure of the board in regards to approval? Mr. Ward: Mr. Chairman, I would like to make the following motion? WHEREAS, Compass Transports, S.A. is the owner of the property known and designated as SCTM #1000-62-1-16, located at the southwest side of Boisseau Avenue and the Main Road at Southold; and WHEREAS, a formal application for the approval of this site plan was submitted on February 14, 1990; and WHEREAS, on January 9, 1990, the Zoning Board of Appeals granted a variance for site plan approval; and WHEREAS, all the requirements of the Site Plan Regulations. of the Town of Southold have been certified- by his Engineer to be met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey and dated April 3, 1990. Mr. Latham: Second. Ayes: Mr. Orlowski, Mr. ,Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski: Opposed? Mr. McDonald: I 'm opposed. Mr. Chairman, I would like to state that I don't believe that the site plan regulations of this town have been complied with. Mr. Orlowski: O.K. , so ordered. (Chairman endorsed maps) Mr. Orlowski: North Fork Wood. Design - This site plan is for an amendment to an existing site plan in Peconic. Mr. McDonald: I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an PLANNING BOARD MINUTES 18 APRIL 9, 1990 uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative Declaration. WHEREAS, John P. Krupski and Brothers Incorporated are the owners of the property known and designated as SCTM# 1000-74-4-5 located on County Route Forty Eight (48) and Paui' s .Lane,. Peconic, Southold; and WHEREAS, a formal application for the approval of this amended site plan was submitted on March 16, 1990; and WHEREAS, all the requirements of the Site Plan Regulations of the Town. of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated March 29, 1990. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed.? So ordered. (Chairman endorsed maps) Mr. McDonald: Mr. Chairman, I would like to point out, in spite of what some people think, how quickly some things are acted upon. It came in the 16th and now it' s getting final approval. Mr. Orlowski: Grange Building - This site plan is for a change of use in an existing building located at Traveler Street and Beckwith Avenue. Southold. SCTM #1000-61-1-25. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, Mr. and Mrs. Walter Glasser are the owners of the property known and designated as the Grange Building, SCTM #1000-61-1-25, located at Travelers Street and Beckwith Avenue, Southold; and WHEREAS, a formal application for the approval of this site plan was submitted on. September 5, 1989; and PLANNING BOARD MINUTES 19 APRIL 9, 1990 WHEREAS, on January 9, 1990, the Zoning Board of Appeals granted a Special Exception for a change of use from Place of Worship to office/apartment; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated March 7, 1990. Mr. Latham: Second. Mr. Orlowski: Motion made and- seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Latham. Mr. Orlowski: Opposed? So moved. (Chairman signed maps) SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Orlowski: Pindar Vineyard - SCTM #1000-85-2-15. Done. Mr. Orlowski: Cutchogue Hardware This site plan is for a 3,200 square foot hardware store 3,200 .square feet located on Main Road in Cutchogue. SCTM #1000-61-1-25. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental. Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward., Mr. McDonald, Mr. Edwards, Mr. Orlowski. PLANNING BOARD MINUTES 20 APRIL 9, 1990 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: North Fork Wood. Design - SCTM #1000-74-4-5. Done. Mr. Orlowski: Andreas .E. Markakis - SCTM #1000-62-1-I6. Done. LOCAL LAW PROPOSALS 1. Proposed Local Law - to amend parking requirements for marinas. Mr. McDonald: Mr. Chairman, I would like to make a motion to adopt the following resolution: WHEREAS the legislative intent is to accommodate a new type of boat storage in marinas and also to develop a parking requirement that is based on actual needs; and WHEREAS, the Town Board had authorized a parking survey of a local marina during the summer of 1989, which results showed that the Town' s current parking , requirement was excessive; and WHEREAS the Planning Board finds that the parking requirement should reflect actual conditions in the field; and WHEREAS the Planning Board finds that the current parking requirement for marinas does not take into account the parking needs generated by the dry rack storage of boats, which is a type of storage that reflects a steady trend in the marina industry towards maximizing the use of upland, in the face of increasing regulation of and competition for the waterfront; BE IT THEREFORE RESOLVED that the Planning Board recommends the passage of the proposed amendment which will change the requirement from one parking space per slip, mooring or storage capacity to one half a. space per wet slip and one quarter of a space per dry rack storage space. The existing requirement of one space per employee will not be affected by this amendment, and the Board supports its retention. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? PLANNING BOARD MINUTES 21 APRIL 9, 1990 Ayes: Mr. Latham, Mr. McDonald, .Mr. Edwards, Mr. Ward, Mr. Orlowski, Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 2. Proposed Local. Law - to set a minimum required floor for living area of 850 square feet for both single family homes and multiple dwelling units. Mr. Ward: Mr. Chairman, I would like to make a motion to adopt the following resolution.. WHEREAS the legislative intent appears to be to prevent the construction of dwelling units of less than 850 square feet in living area; and WHEREAS, the Planning Board finds that where single family dwellings are concerned, this requirement for a minimum floor area is not unreasonable; and WHEREAS, it also finds that where multiple dwelling units are concerned, this restriction is unreasonable, in that it would prevent the conversion of existing structures in appropriate zones into affordably sized and priced dwelling units, BE IT RESOLVED that the Planning Board recommends approval of the proposed amendment of. the definition for the one-family dwelling only, and FURTHER that the Planning Board recommends denial of the proposed amendment of the multiple dwelling definition. BE IT ALSO RESOLVED that the Planning Board recommends that the minimum floor area stated in the Bulk Schedule for Residential Districts be revised to allow 400 square feet per multiple dwelling unit in all residential districts where multiple dwelling units are permitted except for the Resort Residential and Residential Office districts. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? .Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD MINUTES 22 APRIL 9, 1990 SETTING THE NEXT PLANNING BOARD MEETING: . Mr. Orlowski: Board to set Monday, April 30, 1990 at 7 : 30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board Meeting. Mr. Latham.: So moved. Mr. Ward:- Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. APPROVAL OF PLANNING BOARD MINUTES: Mr. Orlowski: Board to approve the Planning Board Minutes of March 26, 1990. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the -motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Orlowski: Opposed? So ordered. OTHER: Mr. Orlowski: Town subdivision of affordable housing at Hiawatha's Path, Southold. SCTM #1000-78-3-P/0 51. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution: RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final maps for the Town Subdivision of Affordable Housing at Hiawatha' s Path, Southold which were previously endorsed on August 25, 1989. Mr. Latham: Second. PLANNING BOARD MINUTES 23 APRIL 9, 1990 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Town subdivision of affordable housing at Elijah' s Lane, Mattituck. SCTM #1000-108-4-7 .2. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board. authorize the Chairman to re-endorse the final maps for the Town Subdivision of Affordable Housing at Elijah' s Lane Estates, Mattituck which were previously endorsed on August 25, 1989. .Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, . Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Mr. Cuddy is here for a discussion with the board. Mr. Cuddy: Thank you for letting me come before you on such short notice. I would like to give each one of you a map and a copy of a letter I have written. Also, I have the subdivision regulations pertaining to subdivisions and- set-offs. The reason I have come before the board is that what I think I am talking to you about is a concept and not -really the question of detail. The concept is one of what is a set=off in the. Town of Southold. The set-off provision in the ordinance itself doesn't really reflect any particular numbers or size of lots, it simply talks about dividing lots. I have a situation with a parcel at Locust Lane in Mattituck where I have a thirty three and one-half acre parcel. It is a farm and it is going to stay a farm but we need to divide the parcel and there is a reason for coming to you at this time. I have a client who is desperately in need of money and is one of three owners of the parcel. She can sell. the one-half which is the upper portion of the map you have and get that money. There is a very serious medical problem in the family that she has to address. I believe after PLANNING BOARD MINUTES 24 APRIL 9, 1990 looking at the ordinance and after looking at some past things that I have done before the board that there is no particular reason that this can't be a set-off. We're not going to change and I think this is crucial, we are not going to change the character of this parcel what so ever. It is in farming now and was farmed. by the Sidor family for years and years. One of the Sidor' s is going to continue farming the parcel, in the front part of the parcel it is 'our intention to have a vineyard. In other words, have sixteen and one-half acres of vineyard. I am before you because I believe it is appropriate to have this as a set-off. All of the requirements that are set out in the ordinance are met, there is nothing that is contrary to having the set-off for this particular parcel. We are going to make no change and there is going to be no residence, there is going to be no increase in services, there is going to be no requirement for any particular municipal. event. We are not going to be putting in plats with access to the road on it. We are simply taking a piece that already exists and dividing it into two pieces. If this was not. in the ordinance to set-off, you would probably for this type of situation want to have a set-off because there is no reason to go through a whole minor subdivision to take a lot, break it in half, and use it for exactly the same thing that it is being used for, and that was why I am appearing before the board because I think it is a different type of situation. I would ask you if you could give me some sense about what the board thinks about this so I can. make the appropriate application but I hope that application very much is to be a 'set-off application. Thank .you. Mr. Orlowski: In your letter you said there will not be any further subdivision of either lot? Mr. Cuddy: No, there will never be any further subdivision, we' ll put a covenant on it saying that. I don' t mean that ever, ever, there will never be one. In other words, I would put the covenant on that you usually ask for. But the intention is to keep it just as it is. Mr. Orlowski: I don't see any problem with it, I mean we've always done set-offs for owners on parcels where they want to keep a parcel and where they want to sell a parcel so I think it is pretty simple. I don' t know if the board has any comments on this? Mr. Cuddy: Well, my concern was and the reason I came is because it is larger than usual and I acknowledge that, but I don' t think that it itself is a deciding criteria. Mr. Orlowski: No, a set-off is allowed one time only on a parcel in this circumstance. Mr. McDonald: What is the difference in the cost of the application between the minor subdivision and a set- off? PLANNING BOARD MINUTES 25 APRIL 9, 1990 Ms. Spiro: A set-off is $250.00 and a minor subdivision is $500.00 per lot. Mr. . Cuddy: This by the way is not done to save that fee. If that were the question I would volunteer the fee.. It is done because of. the time problem and also done because of the concept problem because ' I don't. think the minor subdivision does anything for this particular piece. Mr. Latham: We don' t want to appear hungry for money. Mr. Cuddy: No, I know. It is not a question of the money, we don't mind paying the money. If the board would. allow me to submit a set-off in this case, I would appreciate it. Mr. McDonald: I would like to think that although it may make sense in this one are we going to set precedence for other large lot subdivisions that they are going to come in and say well ( inaudible) . The code says that the reasons that we use, among other things, not solely for this listing but for the determination whether it is a subdivision or set off, it is pretty much in our hands according to the code. Mr. Cuddy: To some extent but I think that literally it may not be in your hands. I don' t think that you can say that that language -------- Mt. McDonald: No, but it says in making such a. determination the Planning Board shall give consideration among other things too. Mr. Cuddy: You can have other criteria but what I am saying as far as the size of the parcel goes, I don' t think that that is one of the things you should be concerned about. Mr. McDonald: But it doesn' t limit us to say that that is not one of the considerations. Mr. Cuddy: That is true, but what I'm saying to you is that I don' t . think you can re-legislate this and say it really only means small parcels and that is why I'm here because I don' t think that can be done. I think that is going further than (inaudible) . Also, in this case and I think it is absolutely critical to get this point. We are not changing the character of this land. If you are changing the character and I am talking about somebody who is taking one piece and putting a house on it, you allow even that, but here we are not even changing the character. I think you can virtually distinguish every other application that comes before you because that doesn't happen. It is very rare that that is going to happen and I have done larger pieces, by the way, than one or two acres and I 've had the board agree. Not this large. Mr. McDonald: I'm not disagreeing. PLANNING BOARD MINUTES 26 APRIL 9, 1990 Mr. Ward: We have a meeting this Wednesday and maybe we can get back to you after that. Mr. Cuddy: O.K. , I appreciate that. Thank you. Mr. Orlowski: I have nothing left on my agenda, I ' ll. ask if there are any questions or comments? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: I' think we should make a motion to adopt the bond estimate on Cedar.fields. I would like to make the following motion. RESOLVED to adopt the bond estimate which was revised by the Planning Board on April 9, 1990, and to recommend same to the Town Board. The Bond estimate is in the amount of $430. 690.00, with an inspection fee in the amount of. $25,841.40. Please not that a previous bond estimate was adopted by the Planning Board and the Town Board. However, .the revised bond estimate, in the amount of $430,690. 00 dollars, reflects the deletion of eleven (11) street lights and the direct Burial Cable. associated with these lights. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I have nothing more on my agenda. I 'll entertain a motion to adjourn. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. j l PLANNING BOARD MINUTES 27 APRIL 9 , 1990 Being there was no further business to come before the board the meeting was adjourned at 8 : 30 p .m. Res ectfully ubmitted, Jane Rousseau Temporary Secretary Bennett Orlowski, Jr. , Ch irman RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 511190 HQURI_'.'1 qm Town Clerk, Town of Southold