HomeMy WebLinkAboutPB-07/10/1989 Town Hall. 53095 Main Road
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P.O. Box 1179
Southold. New York 11971
TELEPHONE
(516)7 65-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SOUTHOLD TOWN PLANNING BOARD MINUTES
DULY 10, 1989
The Southold Town Planning Board held a regular meeting on
Monday, July 10, 1989 at 7 :30 p.m. at the Southold Town Hall,
Main Road, Southold.
Present were: Bennett Orlowski, Jr. , Chairman
Member William Mullen
Member G. Richie Latham
Member Kenneth Edwards
Member Richard Ward
Town Planner Valerie Scopaz
Planner Melissa Spiro
Mr . Orlowski: Good evening, I would like to call this meeting
to order. First order of business is a public hearing on
Eli 'ah' s Lane Estates Sec. II - Public hearing on the final
maps dated March 21, 1987 . This major subdivision is on 20.3
acres located at Mattituck. SCTM #1000-108-4-p/o7.1.
Mr. Orlowski: Everything is in order. We have proof of
publication in the Suffolk Times and also proof of publication
in the Traveler Watchman. I ' ll ask if there are any objections
to this subdivision? Hearing none, are there any 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? Hearing
none, any questions from the board?
Board members: No questions.
Mr. O�tlowski: No further questions, I ' ll declare this hearing
closed.
Representative of the applicant: Would it be possible to put in
cobble stone instead of curbs?
Mr. Orlowski: You' ll have to speak to the Highway
Superintendent.
SOUTHOLD TOWN PLANNING BOARD 2 JULY 10, 1989
Mr. Orlowski: North Road Associates - Board to keep the
public hearing open from February 6, 1989. This minor
subdivision is on 16 .886 acres located at Orient. SCTM
#1000-18-4-1 .
Mr. Edwards: I make a move we keep the hearing open.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
T
Ayes: '11 VI r. Aj al- Lamr , Mr. Edwards, Mr. Mullen, Mr. Ward,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski Board to set Monday, August 14, 1989 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. Mullen: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Mullen, Mr. Ward, Mr. Orlowski
Mr. Edwards.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Board to approve the minutes of the regular
meetings of June 19, 1989 and September 12, 1988 .
Mr. Ward: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Mullen, Mr. Ward, Mr. Edwards,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
i0, i9$9 SOUT'HOLD TOWN PLANNING BOARD 3 JUL`�
Mr. Orlowski: 7 : 45 p.m. Public hearing on the Draft
Environmental Impact Statement of Cedarfields/Mooresland.
This project is located on Moores Lane at Greenport.
SCTM #1000-3-4-1 .
Mr. Orlowski: Everything is in order for a hearing. The
comment period will run until July 19, 1989. That is the time
for anyone who wishes to make a comment to do so on the Draft
Environmental Impact Statement. I' ll ask if there is anyone out
there who would like to make a comment? Any comments from the
board?
Board Members: No comments.
Mr. Orlowski: Being there are no comments, I will declare
this hearing closed. Comments still can be handed in until July
19th, 1989.
SUBDIVISIONS:
Final:
Mr. Orlowski: George Furse - Board to set Monday, August
14, 1989 at 7 : 30p.m. for a public hearing on the final maps
dated May 11, 1989. This minor subdivision is on 3. 64 acres
located at Fishers Island. SCTM #1000-9-3-2 .
Mr. Ward: So moved.
Mr. Mullen: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those ,in favor?
Ayes: Mr. Mullen, Mr. Latham, Mr. Edwards, Mr. Ward,
Mr. Orlowski.
fir. Orlowski: opposed? So ordered.
Mr. Orlowski: Cove Beach Estates - Board to review the
status of the Final Environmental Impact Statement. This
subdivision is located on the Main Road at East Marion.
SCTM 01000-22-3-15.1 & 18. 3 .
Mr. Orlowski : Everything is in order to accept the Final
Environmental Impact Statement dated June 1989. Also in that
motion we can open a 10 day public comment period.
.5OUTHOLD TOWN PLANNING BOARD 4 JULY 10, 1989
Mr. Ward: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. Mullen, Mr. Edwards,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Sketch:
Mr. Orlowski: Next we have Fishers Island Utility - Board
to start the coordination process to determine lead agency and
environmental significance. Board to make a determination on
the sketch map dated June 21, 1989. This minor subdivision is
on 2.53 acres located at Fishers island.
SCTM #1000-6-6-20.
Mr. Orlowski: Everything is in order to start the
coordination process. What is the pleasure of the board?
Mr. Edwards: So moved.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Mullen, Mr. Latham, Mr. Edwards,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: In regard to the sketch. What is the pleasure
of the board?
Mr. Edwards: Make a motion to make a determination on the
sketch map.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. Mullen, Mr. Latham,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
SOUTHOLD TOWN PLANNING BOARD 5 JULY 10, 1989
SEQRA DETERMINATIONS:
Mr. Orlowski: Next we have Henry Rutkowski - Board to make
a determination under the State Environmental Quality Review
Act. This minor subdivision is on 4.7959 acres located at
Mattituck.
SCTM #1000-108-1-2.
Mr. Latham: I would like to make a motion to make this a
negative declaration for the following reasons: An
Environmental assessment has been submitted, reviewed and it was
determined that no significant adverse effects to the
environment were likely to occur should the project be
implemented as planned.
The proposal is for two lots, both in conformance with
subdivision regulations.
The Board has requested a fifty ( 50) foot buffer along Middle
Road for screening purposes.
Vehicular access will be restricted from Middle Road, and a
common driveway will be located on Wickham Avenue.
Because there has been no correspondence received from the
Department of Health Services in the allotted time, it is
assumed that there are no comments or objections from that
agency.
Because there has been no correspondence received from the New
York State Department of Environmental Conservation in the
allotted time, it is assumed that there are no comments or
objections from that agency.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Mullen,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
REPORTS AND BONDS:
Mr. Orlowski: ChardonnLa Woods - Board to review the
Suffolk County Planning Commission report dated June 12, 1989.
Board to review the revised bond estimate dated June 30, 1989.
Board to set Monday, August 14, 1989 at 7:45 p.m. for a public
SOUTHOLD TOWN PLANNING BOARD 6 JULY 10, 1989
hearing on the question of final approval. This major
subdivision is on 44.376 acres located at Southold.
SCTM #1000-51-2-2.
Mr. Ward: Mr. Chairman, on addressing the Suffolk County
Planning Commission report, I offer a motion to override that
report and address it by attaching to it the memorandum from
Sidney Bowne' s office regarding the responses to their specific
questions, rather than read them all now we can identify them in
that report. Also, I think the Planning Boards request of the
applicant, that lots six through nine, which are in the area of
high ground water that there be a notation put on the final plan
to that degree. That these lots would actually encounter
possible construction problems regarding septic tanks and
regarding placement of foundations and basements because
groundwater is very high in that area. Also, we would want to
address a town easement for access and maintenance for the
entire open space because it is primarily a drainage area. We
would like to see an easement in favor of the Town for drainage
purposes. Just a comment to the developer in a sense that we
realize that this subdivision has been around for a long time
and that if we had had in place the current master plan update
we could have clustered to 30,000 square foot lots and it could
have allowed us to stay out of that ground water problem in the
lower area of the site. We could have put all the lots on the
high ground and not been in this problem. It is still an option
to the applicant, although I realize that he has gone to the
extent of doing the mapping. But if those four lots are a major
problem to him, it is possible that the redesign that is
involved to create the other four lots into 30,000 square foot
may be worth it to him to eliminate the groundwater problems
that he may face on those. It' s a long resolution.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor.
Ayes: Mr. Latham, Mr. Ward, Mr. Mullen, Mr. Edwards,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: in regards to the bond estimate being revised
from $403,000 to $442,000 . What is the pleasure of the board?
Mr. Mullen: My. Chairman, I recommend however, that this
letter of credit be issued for a minimum of one year.
Mr. Orlowski: Can the letter of credit be for a minimum of
one year?
SOUTHOLD TOWN PLANNING BOARD 7 JULY 10, 1989
Mr. Neil Rego: The one that was submitted and accepted?
Mr. Orlowski: Yes, you' ll have to extend it by $39,000. It
is being revised from $403,000 to $442,000.
Mr. Neil Rego: I submitted that.
Mr. Orlowski: O.K. , I have a motion made and seconded. Any
questions on the motion? All those in favor?
Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Mullen,
Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Board to set the final hearing on August
14th, 1989 at 7 : 45 p.m.
Mr. Edwards: So moved.
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. Mullen,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Eli'ah' s Lane Affordable Housing and Town of
Southold at Soundview - Board to review the covenant for these
two :subdivisions. Elijah' s Lane Affordable Housing is a minor
subdivision on 2.867 acres located at Mattituck.
SCTM #1000-108-4-7. 2. Town of Southold at Soundview is a
major subdivision on 5.83 acres located at Southold
SCTM #1000-59-9-10.
Mr. Orlowski: Elijah' s Lane Affordable Hausin - Board to
review the Suffolk County Planning Commission report dated June
22, 1989. This affordable housing minor subdivision is on 1.867
acres located at Mattituck. SCTM #1000-108-3-7 . 2.
Mr. Orlowski: To explain all this, a covenant has been
submitted by the Town stating that the Town is willing to
covenant that lot #4 on the map of Town of Southold at
Soundview will not be built upon and will always remain as
open space. This, in effect, transfers the development right to
the Rachael' s Road site (Elij-ah' s Lane - Town owned property; .
The Department of Health Services granted the request for a
variance for the 4 lot development on Elijah' s Lane - Town owned
SOUTHOLD TOWN PLANNING BOARD 8 JULY 10, 1989
property, provided that lot #4 of the map of the Town of
Southold at Soundview is covenanted that it will always remain
as open space. This transfer of a development right brings the
proposal into conformance with Health Department density
standards.
Based upon the above covenant, T 'd like to make a motion to
override the Suffolk County Planning Commission report dated
April 7 , 1989 , which disapproved Elijah' s Lane - Town Owned
Property for the following reasons: The proposed density for
the site is too great. Lots should have a minimum lot area of
40,000 square feet in accordance with Suffolk County Department
of Health Services requirements.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Latham, Mr . Edwards, Mr. Mullen,
Mr. Orlowski:
Mr. Orlowski: Opposed? So ordered.
CHANGE OF ZONE:
SITE PLANS•
Mr. Orlowski: Pipes Cove - Board to review making a
recommendation to the Building Department in regard to issuing a
Certificate of Occupancy. This site plan is located on 6th
Street at Greenport. SCTM #1000-48-3-p/o 42.1.
Mr. Orlowski: In regard to the site plan, everything was
signed way back when, everything was in order to conform to the
site plan. We did note that a railing was not in place. We
would like to see it there and I have talked to the Building
Inspector and he will follow up on that since it is in the New
York State Building Code, we believe.
Mr. Mullen: I suggest, Mr. Chairman, that we request the
Building Department to advise us when the railing has been put
into position.
Mr. Orlowski: O.K. , in the meantime if everything is in
conformance with the site plan as signed back in 1982.
Mr. Ward: Our approval could be subject to State Building Code
requirements for site railings . I' ll move that.
Mr. Mullen: Second.
SOUTHOLD TOWN PLANNING BOARD 9 JUL-y 10 . 1989
Mr . Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Mullen, Mr. Latham, Mr. Edwards, Mr. Ward,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
DISCUSSIONS AND OTHER:
A Local Law in Relation to Zoning - Board to make a
recommendation to the Town Board in regard to the deletion of
Section 100-239 D.C.
Mr. Orlowski: Refers to 75 foot setback from freshwater
wetlands but Chapter 97 of the Wetlands Code already takes care
of this so the Town Attorney and Code Committee is recommending
dropping it and we feel it is a good idea.
Mr. Mullen: I recommend approval and advise the Town Board
accordingly.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Mullen, Mr. Edwards, Mr. Ward,
Mr. Orlowski
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Local Law in Relation to Zoning - Board to
make a recommendation to the Town Board in regard to correcting
errors in the Density and Lot Size Schedules. Without going
through this we have reviewed it. I think we all agree to
recommend the approval.
Mr. Edwards: Make a motion to recommend approval.
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. Mullen,
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: A Local Law in Relation to Zonin - Board to
make a recommendation to the Town Board in regard to adding
SOUTHOLD TOWN PLANNING BOARD 10 JULY ILO, 1989
,vineries to all districts except the Marine District, R-40
District,
and AHD District. The only thing I do question
here, and I was not at the last code meeting, I don' t think the
board has any problem with it but we have to make sure that they
are attached to wineries. They are not allowed to just be built
in any district without being attached to vineyards.
Mr. Latham: I was at the meeting and it was my understanding
that that was going to be and also I spoke to one of the
councilwoman and it was her understanding that it meant the same
thing. The way it is written here is not correct to me.
Mr. Ward: Is there a minimum acreage discussed?
Mr. Orlowski: Well, five acres attached to the winery and a
minimum of ten acres within service of the winery. The total
acreage would be ten.
Mr. Ward: Why don't we address our resolution to the Town
Board. T don' t- think the district is as important as the fact
that it should be associated with a winery. We don' t want, not
picking on Feather Hill but we wouldn' t want to see a winery
open up in Feather Hill, that is not the intent.
Mr. Orlowski: No, it is to be with a vineyard. O.K. , we' ll
send those comments over. Is that a motion? Do I have a second.
Mr. Mullen: Second.
Mr. Orlowski: Motion made and seconded. Do I have any
questions on the motion? All those in favor?
Ayes: Mr. Mullen, Mr. Latham, Mr. Ward, Mr. Edwards,
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Also I would like to create a form letter in
reference to closing files. This board will set a policy that
if it does not receive a reply in six months from any of our
correspondence, we will abandon the file.
Mr. Mullen: I have one suggestion Mr. Chairman, I recommend
that the correspondence be sent out certified.
Mr. Orlowski: O.K.
Mr. Ward: I' ll move that subject to certified mail.
Mr. Lathan: ! ".1 second it.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
SOUITHOLD TOWN PLANNING BOARD 11 JULY 10, 1989
Ayes: Mr. Latham,. Mr. Ward, Mr. Edwards, Mr. Mullen
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Next order of business at 8:00 p.m. is
Beechwood Acres - Public hearing an the final map dated
October 6, 1988. This minor subdivision is on 7 . 1628 acres
located at Southold.
SCTM #1000-68-4-2 & 3 .
Mr. Orlowski: Everything is in order for a final hearing. I
have proof of publication in the Long Island Traveler Watchman
and also proof of publication in the Suffolk Times. I 'll ask if
there are any objections to this subdivision? Hearing none, are
there any endorsements of this subdivision. Is there anyone
neither pro nor con but may have information pertaining to this
subdivision that may be of interest to the board? Hearing none,
any questions from the board?
Planning Board: No questions.
Mr. Orlowski: Being there are no further questions, I will
declare this hearing closed.
Mr. Bob Johnson: I never got an answer o-n the firewell.
Mr
. Orlowski: I was in contact with the secretary to the
board and I told him I wanted to meet with him because they
won' t give us an answer either. They are the ones that are
suppose to send over some type of comment. If you can' t produce
that water, then you can' t.
Mr. Johnson: I 'm 99% sure it' s impossible.
Mr. Orlowski: I would like to find it so I could make some
kind of comment on it, that they could understand that. I can' t
get an answer from them and about a week and a half ago I was in
contact with the secretary to try and meet with them just to
find out what is going on and I haven' t received any word yet.
Mr. Johnson: Was that Don Sayre?
Mr. Orlowski: Fred Weber, the secretary. I told him to
please just answer the question if he can' t produce the 350
gallons that you want, what does he do?
Mr. Johnson: I can' t waste $1G,000 trying to do it and then
they say it doesn't produce 350 gallons and then what do we do
now.
SOUTHOLD TOWN PL-_IINING BOARD JULY 10, 19 R 9
Mr. Orlowski: Well, I set up a meeting with him. I ' ll call
again. If you know anybody over there that can speed things up
have them get a hold of us. We had the hearing tonight so maybe
by the next meeting we' ll wind this up. We have to have an
answer from them and also we need the other road specs.
Mr. Johnson: Before I do any more maps I would like to know
about the firewell and how much the bond is.
Mr. Orlowski: If you' re worried about the firewell, have
the fire district get a hold of me because there is no answer
yet.
Mr. Johnson: What do we do to get an answer?
Mr. Orlowski: I 've called them up and tried to meet with the
board personally, because there are other questions they had on
other subdivisions and that was a week and a half ago and I told
them I would meet them any time, any place. If you know anybody
on the board that can get a hold of me just have them call.
When it comes to fire protection, we let the fire commissioners
handle it.
Mr. Johnson: I think the buck is being passed. I ask you and
you say it' s their job. I ask Don Sayre and a couple of other
guys and they say it' s the town. We' re not getting anywhere.
Mr. Orlowski: It' s written in the code.
Mr. Latham: Send them another letter and then call them and
follow it up.
Mr. Johnson: You've got to speak to Weber.
Mr. Orlowski: I spoke to Weber because he is the secretary to
the board and I was talking to him but the board is the one that
has got to make the decision. Have him get a hold of us. I
told them I would go down there tomorrow afternoon you know. I
can' t be anymore accommodating to straighten this out.
Mr. Mullen: Why don' t we direct a letter to every
commissioner on that board, personally and request a response.
They don' t like it in writing, I can guarantee you that.
Mr. Orlowski: You see what would happen if we said O.K. , then
at the next Commissioner' s Meeting they have a district' s
meeting, they call me up and they put me on the seat in the
middle of everybody and they say "what authority do you have to
say that?" . I don' t want to go there anymore, I would rather
work with the board and let them be the one on the hot seat.
That is the way way we've been doing it and it is our policy and
now all of a sudden they run into a situation where it may be
impossible to meet their specifications so what do we do about
fire protection? You want an answer on that, are they going to
;SO;7THOLD TOWN PLANNING BOARD 13 JZLY 10, 1989
make the answer, I 'm not going to sit here and say O.K. we
wouldn' t do it because the next time I get called up and I get
yelled at by every district, not just one.
Mr. Mullen: I think we should consider sitting down with
every fire district face to face and straighten this thing out.
This is a very, very, very serious situation and I don' t know
whether they are so busy they can' t address themselves to it
but, I think it is about time we put them on notice not only
personally but in writing. God forbid it something happens then
it won' t be our problem or the town' s problem but their s.
They' re the guys that are on the line to protect people' s lives
and I think we should help them realize how important this is.
Mr. Orlowski: I ' ll try to get a hold of them as soon a I can.
Mr. Ward: What capacity did you get out of it?
Mr. Johnson: You've got 90 feet of clay and when you get
through that with a forged pipe you hit a strata of sand which
is about 5 or 10 feet and you' re lucky if you can produce 15
gallons a minute. Not 350 gallons. There are several wells
right around there and they all produce the same thing. I don' t
want to drag this out for another year, this has been going on
two years already.
Mr. Orlowski: We' ll send a letter to the fire district and I
will call them tomorrow.
Mr. Johnson: Give me a list of their names and I ' ll harass them.
Mr. Orlowski: Well, Don Sayre is on the board so you can
harass him. We've been slapped on the wrist as far as
subdivisions and site plans and we want to work with the fire
district. It appears now, they don' t want to give us an answer
but I ' ll find out why. All I can tell you is I' ll try to have
an answer as soon as possible.
Mr. Mullen: I suggest when we write to the commissioners that
we send a copy of the letter to the applicant.
Mr. Johnson: "an we put a time limit an this because it seems
like it' s gone on forever.
Mr, Orlowski: Well you just went through final nearing now
all you've got to do is - - - -,
Mr. Johnson: I asked the question about this firewell six
weeks ago,
Mr. Orlowski: Believe me, I called up for a meeting right
after I talked to you and I don' t think I can give you any
better service than that. I made myself available at any time.
SOUTHOLD TOWN PLANNING BOARD 14 JULY 10, 1989
Mr. Johnson: Don' t they have some time limit that requires an
answer?
Mr. Orlowski : No they don' t. It may not be a bad idea but
right now there isn' t.
Mr. Mullen: I still say Mr. Chairman, to get a representative
from every fire department, lock the door and tell them the
facts of life and I will be very happy to tell them, I 'm very
much concerned.
Mr. Orlowski: I met with all of them and that' s where this
policy came from because they requested it and all the
subdivisions and all the site plans go to the fire district for
fire protection and they are suppose to answer us in a prompt
fashion. Sometimes they don' t. I don' t know what to do about
it.
Mr. Johnson: There is no point in me throwing away that money
and finding it doesn' t work.
Mr. Orlowski: You' re absolutely right.
Mr. Johnson: O.K. , I ' ll start with Don Sayre tomorrow. Thank
you.
Mr. Orlowski: Homestead Acres - Board to discuss this
application with the applicant.
SCTM #1000-40-1-6.2
Mr. Masterson: I 'm the sales manager for South Fork Asphalt
Corporation, we' re the general contractors for the applicant,
Riverside Homes. I come before you tonight to solicit your
approval not for the subdivision but for one Certificate of
Occupancy on lot #3. I have a letter, which Mr. Chairman, I
know you have from A. Barton Cass from Sidney Bowne' s
approving the job with the punch list which we have received.
There is also a letter from the Town Highway Superintendent,
Raymond Jacobs, concurring with the engineers concurrence on the
job. If you would look at the letter dated to you Mr. Chairman,
on June 12th from Barton Cass, .pavement and the first
three items have been or are in the process of being corrected.
There is a letter dated July 6th, I don' t know whether you have
received it as of yet from Mr. Jacobs about the water mains.
The removal of construction debris is being taken care of as we
speak. Grading, topsoil and seeding as required, we' re not in
the seeding season and the street trees is not really in the
planting season. We respectfully submit that you have a quarter
of a million dollar performance bond from the client and he is
not asking for a reduction in that bond. He is asking for a
Certificate of Occupancy for lot number three which a house has
been built on, building permits issued, and that is all he is
SOUTHOLD TOWN PLANNING BOARD 15 JULY 10, 1989
requesting now. All the work will be done because the length of
the planting season where it is not really until the fall, we
respectfully request that you issue the Certificate of Occupancy
for lot number three.
Mr. Latham: It was a perfect spring to put trees in.
Mr. Masterson: Yes sir, I understand that but we didn' t get
the punch list until June 12th.
Mr. Latham: If you had put them in yesterday it would have been
pretty good.
Mr. Masterson: Today would have been better.
Mr. Orlowski: You've got them working out there right now,
you say?
Mr. Masterson: Not now. You do have a bond for a quarter of
a million dollars and the recommendation from the Highway
Superintendent. Ninety-nine percent of the work has been
completed.
Mr. Latham: You said there was a letter of July?
Mr. Masterson: July the 6th. It' s a letter to Mr. Orlowski
from Ray Jacobs saying "I inspected the water valve castings on
Homestead Acres on July the 5th, 1989 the problem has been
corrected and acceptable. There is a copy to myself and Mr.
Neil Heffen who' s Sidney Bowne' s office.
Mr. Orlowski: What' s the pleasure of the board?
Mr. Ward: Is planting the only thing that is missing?
Mr. Mullen: We prefer seeing the complete compliance with all
the recommendations of our engineer.
Mr. Masterson: We have all intentions of doing that. There is
a quarter of a million dollar bond to back it up that it' s going
to be done.
Mr. Mullen: A bond is as good as the paper it is written on
and very often it isn' t worth very much. I can tell you from
professional experience. I would prefer seeing compliance.
This was done on the 12th of June. I assume quite a bit of
these situations have been resolved.
Mr. Masterson: Yes sir they have.
Mr. Mullen: To what extent have they not been complied to.
Mr. Masterson: It has not been resolved and I assume you are
referring to the letter of June the 12th. Slope and
SOUTHOLD TOWN PLANNING BOARD 15 JULY 10, 1989
stabilize bank, planting of trees as required. The dead tree at
the south end will be done by the end of the week. This is Mr.
Panchek, he is the vice president of our company.
Mr. Mullen: Sir, we' re looking at two situations.
Mr. Panchek: Yes sir. Being that it is out of the planting
season, and with ninety-nine percent of the work is completed, I
don' t think we are being unfair to ask for one Certificate of
Occupancy. We' re not asking for final approval until all the
work is done. We' re just looking for the one C.O. for lot
number three.
Mr. Masterson: Also these traffic control signs and street
signs which are on order through the Highway Department which we
don' t have yet to install. They are on order and when they come
in they will be put up.
Mr. Mullen: You ordered them through the Highway Department
so they can confirm that situation.
Mr. Masterson: Yes sir, they can.
Mr. Mullen: Why don' t we have it approved subject to
inspection because this is almost a month old now.
Mr. Latham: Suppose we say O.K.. , you' re not going to come back
in August and say we just need one more C.O. .
Mr. Masterson: There is only one house there.
Mr. Orlowski: He has to get a building permit.
Mr. Latham: How did you get here?
Mr. Masterson: We' re the job contractors that did the road
improvements and to be very honest and frank with you we have a
personal interest in getting the house built.
Mr. Mullen: We don' t like to do this because we set a
precedent, you can understand that
Mr. Masterson: I agree with you, I understand where you are
coming from.
Mr. Mullen: So let' s check it out .
Mr. Orlowski: We' ll make it subject to and no further
building permits issued until complete compliance. We' ll make
an inspection Friday.
Mr. Masterson: You' ll make an inspection Friday.
Mr. Orlowski: We' ll make an inspection Friday
SOUTHOLD TOWN PLANNING BOARD 17 jULY 10, 1989
Mr. Masterson: Knowing that the street trees are not planted
and street signed are not there. There are three items.
Mr. Orlowski: We' ll note those three items and if those three
items are not done since you received the building permit, we' ll
approve it with the recommendation also in this motion that no
further building permits will be issued until this work is done.
Mr. Ward: So moved.
Mr. Edwards: Second.
Mr. Orlowski : Motion made and seconded. All those in favor?
Ayes: Mr. Edwards, Mr. Latham, Mr. Mullen, Mr. Ward
Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Masterson: Thank you for your time.
Mr. Orlowski: I have nothing further on my agenda. Any
questions from the board?
Board: No questions.
Mr. Mullen: So moved.
Mr. Latham: Second.
Mr. Orlowski: All those in favor?
Ayes: Mr. Latham., Mr. Ward, Mr. Edwards, Mr. Mullen
Mr. Orlowski.
Mr. Orlowski: opposed? So ordered.
Being no further business to come before the board, on motion
made by Mr. Mullen, seconded by Mr. Ward, and carried the
meeting. was adjourned at 8:20 p.m. .
Respectfully submitted,
jane Rousseau,
T-emporary—Secretor
Southold P1a_n_n_jr_'ng Boaxd______�
RECEIVED AND FMD 13Y
7 THE SOUTHOLD TOWN CLERK
HOUR
DATE J OF
lett Orlowski, Jr.
Chairman
Town Clerk, Town of Southold