HomeMy WebLinkAboutPB-06/01/1987 P D
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Southold, N.Y. 11971
(516) 765-1938
PLANNING BOARD MINUTES
June 1, 1987
The Planning Board held a regular meeting on Monday, June 1, 1987
at 7 : 30 p.m. at the Southold Town Hall, Main Road, Southold.
Present were:
Chairman Bennett Orlowski, Jr.
Member William F. Mullen, Jr.
Member G. Ritchie Latham, Jr.
Member .Kenneth Edwards
Town Planner Valerie Scopaz
Planning Consultant David Emilita
Executive Administrator. Victor Lessard
Secretary Diane M. Schultze
7: 30 p.m. _Public hearing on the question of approval of the
minor subdivision of Ana G. Stillo located at Orient, 2 lots
on 3. 2 acres. This Has-received Article 6 approval and a
variance on the lot size. 1000-14-2-26
Mr. Orlowski: 7 : 30 p.m. Public hearing on the qeuestion
of approval of the minor subdivision:3of Ana G. Stillo located
at Orient for 2 lots on 3. 2 acres. This has received Article
6 approval and a variance on the lot size. . We have proof
of publication in the Long Island Traveler Watchman signed
by Pat Woods and notorized by Barbara Forbes, we have proof
of publication in the Suffolk Times, signed by Richard Williams
and notorized by Mary Degnan. At this time in the file, everything
is in order for the public hearing, and I will ask if there
are any objections to this minor subdivision? Hearing none,
are there any endorsements of this minor subdivision? Hearing
none, is there anyone out there neither pro nor con but with
information pertaining to this subdivision which may be of
interest to the Board? Hearing none. Questions from the
Board, Mr. Mullen, (none) .; Mr. Latham (none) ; Mr. Edwards,
(none) ; Ms. Scopaz , (none) ; Mr. Emilita (none) . Okay, being
no further questions, I will declare this hearing closed.
Planning Board Minutes Page 2 6/1/87
7: 45 p.m. Public hearing on the question of the minor subdivision
of Raeburn / Murphy located off a right-of-way from Bridge
Lane, Cutchogue.
Mr. Orlowski: Now, right on time, 7: 45 p.m. public hearing
on the question :bf approval of the minor subdivision of Raeburn/
Murphy located off a right-of-way from Bridge Lane, Cutchogue.
This has been around for quite a while. We have proof of
publicationin the Suffolk Times signed by Richard Williams,
notorzed by Mary Degnan, also proof of publication in the
Long Island Traveler Watchman signed by Pat Woods and notorized
by Barbara Forbes. This is something that has been existing,
as we went over at the last meeting, I wont go over this
meeting. A lot of our questions have been answered and our.
Town Attorney has recommended that we go to a final hearing
on this. At this time I will ask if there are any objections
to this minor subdivision?
Mr. Steve Angel: I would like to note an appearance but not
an objection. My name is Steve Angel, Esseks, Hefter and
Angel in Riverhead, and I represent next door neighbor Mary
Murphy.
Mr. Orlowski: Well, I am asking for objections only.
Mr. Angel: We don' t know if we have an objection yet and we
have just conferenced and we would like to know if we could
adjourn this hearing.
Mr. Bruer, Esq. : I don' t have any objection.
Mr. Orlowski: Adjourn the hearing?
Mr. Angel: Yes, because we don' t understand. . we need time.
Mr. Bruer: I understand that he doesn' t at this particular
point because he has not gotten the information . to digest.
All my prior correspondence has been with Mr. ,"..a lawyer by
the name of Mr. Frederick Tedeschi who was my understanding
represented Mrs. Raeburn and apparantely did not. Mr. Angel' s
office had and -they have some questions as to what we are
doing .here. I have no objection but I am willing to proceed
obviously.
Mr. Orlowski: Do you have an objection?
Mr. Angel: Well, let me tell you the circumstances of our
involvement. We were contacted by Mrs. Murphy and retained
by Mrs. Murphy to review some litigation that resulted in
the division of property you see here before you, the three
lot subdivision? It was created as part of a settlement of
a lawsuit that was settled in 1978>or . 1979 . And, we were
looking through the files here on Fridayand that was the first ..
inkling we had that anything was on for today. We did not
even have a chance to examine the files or speak to Mr. Bruer
z
Planning Board Page 3 6/1/87
Mr. Angel: until just now. I don' t know what is involved.
Obvioulsy our clients property, which is lot No. 3 on the
proposed minor subdivision needs an easement of access which
we are discussing right now. Apparently Mr. Bruer is raised
an issue of the availability of a utility easement to serve
the property which I am not even aware of. There is obviously
a set back problem with the property, I don' t know if the
property has gone to the Suffolk County Department of Health
Services application process. I am in a complete fog. Ms.
Murphy was not give notice of the application though her ,
property obviously was 'impacted by it. I am her representative
and I would like a brief period of time, maybe until your
next meeting to confur with Mr. Bruer, look at his maps, see
what the impact of the proposed subdivision and the covenant
and the reuirements are going to be. I have gotten copies
of the letter to you and your letter back to the Town Attorney
and Mr. Bruer' s letter and I am now .looking at the surveys
and I would like to have that opportunity to digest all of
this stuff. I may not even oppose this, I may join in the
application, but _at this point I am in the dark.
Mr. Orlowski:. Any suggestions Ms. Scopaz?
Ms. Scopaz : The decision is the Board' s whether it wishes
to adjoin the hearing or leave it open and continue with it
at the next hearing or not. You have gone through the trouble
to advertise it. . . .
Mr. Angel: If I could make a suggestion, I would have no objection
to, even though I have an interested party, I have no objection
to listening to the public if anybody is here on this and so
that they don' t have to come back and you can hear their position.
I would like to reserve my comments until the future because
I am not educated enough.
Mr. Orlowski: You could address the comments to the Board
in writing.
Mr. Angel: I would like to have it kept open because I just
don' t know what I am getting into. It is a situation as I
expressed before where we just had really no notice, Mrs.
Murphy did take oppostion to this proposal before the Board
of Appeals, but for reasons that may have been inadvertant,
she absolutely had no notice and it obviously impacts her property.
She is the owner of 1/2 of the property involved.
Mr. Bruer: As to,-that point I have no reason to object:. ,l .
to Mrs. Murphy saying this, I just want to make it clear
that it was brought to my- ,attention based upon Octobers
ZBA hearing at which point Mrs. Murphy had written comments
to the Board at this point and I had assumed that she had
followed it on since, I just want to make sure that nobody
figured I mislead anybody in that she said she would have
representative at all .meetings. And, as I said I have no
objection to them putting whatever imput she wants on it.
I think it is to : his client's benefit.
Planning Board Page 4 6/1/87
Mr. Angel: I am not disputing that, I am just completely
ignorant. . . .
Mr. Orlowski: Well, let me just ask this of the public. Are
there .any other objections to this subdivsion? Are there
any endorsements of this subdivision?
Mr. Bruer: Yes.
Mr. Edwards : Is it legal to adjourn the hearing?
Mr. Orlowski: Yes, we can adjourn it.;
Mr. Bruer: Not adjourn it, recess it.
Mr. Orlowski: Not adjourn it, recess it.
Mr. Bruer: Keep it open.
Mr. Edwards: You don' t have to readvertise it?
Mr. Emilita: No.
Mr. Bruer: Well, I believe there is a lengthy record with
respect to t1is file. This probably is the third public hearing
with respect to this subdivision. What we are here for is
I think, part of our problem is that Ms. Raeburn and Ms. Murphy I don't
think could agree; or at least Ms. Raeburn doesn' t think that they
could agree with respect to at least a number of the covenants
which were imposed in 1.9.79 ,, i. e. the continuation of the right
of way through Lot NO. 3, the Murphy lot, 2. going back to
the County recommendations of their letter items no. 6 . and
7; that is something you need an agreement on and also we
ask relief from item No. 1 of that letter because we already
have Health Department approval to put us in to that 100 '
situation, we are all in a tailspin over. I would again
ask that the Board reconfirm its approval of 1979 for the
various reasons that, I think that was a three, four or five
year application before the Board at that time, I think it
started in 1976 and culminated in 1979, for all the reasons
that were true then I think are true now and I am still asking
the Board for relief I asked for in my letter and make part
of this report.
Mr. Orlowski: What is the Board' s pleasure?
Mr. Edwards: I move that we keep the hearing open until our
next regular meeting.
Mr. Mullen: This has been pending since 1978 or 1979 so another
month. . . .
Mr. Orlowski: Two weeks.
Mr. Latham: Let' s get it done right here.
Mr. Orlowski: Do I have a motion to recess?
Planning Board Page 5 6/1/87
Mr. Mullen : So moved.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded, any questions on
the motion? (none)
Mr. Bruer: Is there anyting in particular that the Board
would request of us in the mean time, based upon what you
known?
Mr. Orlowski: I guess Ms. Murphy will have a lot of questions.
Mr. Angel: I am going to spend a few more minutes here and
go through the file and may get some maps and if there are
no extras, I will order some quickly and put together a package
so that she can figure out what is going on. and will either
join in the application or join in part and not in part or
oppose it, but will be able to proceed at your next meetng,
whatever your pleasure. Just as long as you give us a couple
weeks to make our decisions.
Mr. Orlowski: Well, Ms. Murphy is the one that is on the
application is that right?
Mr. Angel: She is on the application, correct, she did not
know about it.
Mr. Orlowski: Okay.
Mr. Angel: That is our client. And, I will advise her.
Mr. Orlowski: Well, now that we are confused we will wait
for . . .
Mr. Angel: Tell me a date?
Mr. Orlowski: June 15.
Mr. Lessard: I would strongly suggest that both of you people
study that right-of-way because there is an awful lot of grey
area there and alot of to nowhere that should be cleared out.
Mr. Bruer: It is my understanding, I have spent considerable
amount of time with Mr. Shea of Chicago Title. The right-of-way
that, the problem is, is going to the adjoining property.
There is no question that it goes halfway to lot NO. 2 here.
Mr. Lessard: How do you get there from Bridge Lane, that
is what I am talking about..
Mr. Orlowski: Okay, we will proceed.
On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was
RESOLVED that the the public hearing be recessed until June
15, 1987 at 7: 45 p.m. at the Southold Town Hall, Main Road,
Southold.
Planning Board Page 6 6/1/87
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards
On a motion made by Mr. Edwards, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board set Monday,
June 15, 1987 at 7: 30 p.m. at the Southold Town Hall, Main
Road, Southold as the time and plce for the next regular Planning
Board meeting.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards
On a motion made by Mr.Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board set Monday
June 15, 19877 at 7: 30 p.m. at the Southold Town Hall, Main
Road, Southold as the time and place for a public hearing
on the question of approval of the minor subdivision for
Saland and SanAndres located at Main Road, Laurel, 4 lots .
on 22 acres. 1000-125-172-7
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board grant a 90-day
extension on the final action of the site plan for "The Cove"
located at Southold pursuant to the request of the attorney
from the applicant. (extension to expire September 1, 1987)
1000-87-5-20
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning.-Board grant a 30-day
extension to receive comments under the State Environmental
Quality Review Act for the major subdivision proposal of Harold
Reese to be known as "Cove Beach" located at East Marion.
Comment period to be extended to June 21 , 1987 to provide
time for a response under SEQRA from all involved parties.
1000-22-3-18. 3
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
Planning Board Page 7 6/1/87
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board grant a 90-day
extension for compeletion of the conditions of the conditional
approval of the minor subdivision of Cranberry Acres located
at Southold, pursuant to the request of the attorney for the
applicant. (Extension to expire September 1, 1987)
1000-89-4-1, 2;.3, 4.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards
On a motion made by Mr. Edwards, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board grant a six
month extension for the minor subdivision •of Birndorf/Rizzo
located at Cutchogue pursuant to the request of the attorney
for the applicant in order to file for final approval. Sketch
plan:.; approval has been received. This extension to expire
on December 1, 1987. 1000-97-3-1
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards
On a motion made by Mr. Latham, seconded by Mr. Mullen, the
following action was.-taken:
NEGATIVE DECLARATION
Pursuant to Article 8 of the Environmental Conservation
Law State Environmental Quality Review Act and 6NYCRR Part
617, Section 617. 10 and Chapter 44 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 major subdivision of.. Steve Fuchs to be known as "The
Woods" is for 13 lots on 29 acres in the cluster concept located
at Depot Lane,;:Cutchogue. 1000-102-1-4
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effects to the environment
were likely to occur should the project be implemented
as planned.
There have been no comments from the NYS Department of
Environmental Conservation in the alotted time, therefore
it is assumed that there .are no comment or objections
from that agency.
Planning Board Page 8 6/1/87
The Suffolk County Department of Health Services has no
objection to our designation of lead agency status. The
Department has received an application and it is being, -'
reviewed. It appears that the project can be served by
Subsurface Sewage Disposal System .and Individual Water
Supply Sustem. Before approval is obtained the final
map must show test hole locations and details, test well
locations and detail, details and location of a sewage
disposal system for a typical lot and have the signature
and seal of a .P.E. or a L.S.
The project will meet all the requirements of the Code
of the Town of Southold Subdivision of Land Regulations.
Further information can be obtained by contacting Diane M.
Schultze, Secretary Southold Town Planning Board, Main Road,
Southold, New York, 11971.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
Charles Bowman - The Board reviewed this subdivision proposal
for 2 lots on 7.i02 acres located at Main Bayview Road, Southold.
Mr. Bryer and Mr. Emilita, Planning Consultant' s, reviewed
the file for a determination under the State Environmental
Quality Review Act. It was their recommendation that a positive
declaration-..be declared. 1000-76-34:.2 and 36; 1000-78-3, 4,5
On a motion made by Mr. Latham, seconded by Mr. Mullen, the .
following action was taken:
NOTICE OF 'SIGNIFICANT EFFECT ON THE ENVIRONMENT`
Pursuant to the provisions of Article 8 of the Environmental
Conservtion Law, Part 617 of Title 6 of the New York State
Codes, the Southold Town Planning Board, as lead agency, does
hereby determine that the action described below is Unlisted
and is likely to have a significant effect on the environment.
DESCRIPTION OF ACTION:
This proposal is for a subdivision_.7. 02 acres into two
residential lots. This proposal is located at Main Bayview
Road, Southold; applicant is Charles Bowman, tax map no.
1000-76-3-34. 2 and 36; 1000-78-7-3, 4,and 5.
REASONS SUPPORTING THIS DETERMINATION:
1. There is concern with protecting the areas of wetland
on the property. The site contains three distinct areas of
productive intertidal marsh as well as, saturated, highly
organic, bog soils dominated by Common Reed. The areas dominated
Planning Board Page 9 6/1/87
by Spartina grasses provide valuable wildlife habitat and
contribute organic nuturients to the marine environment.
The weldands area dominated by common Reed provide a buffer
to the wetland and wildlife from the impacts of human actividy
and provide limited nutrient production to Goose Creek.
2. There is concern with regard to the proposed amount
of fill and the creation of slopes greater than 10% which
increases the likelihood of fill erosion during site development.
3 . The channel on the premises acts as a drain for a
substantial portion of Lot #2 and will be partially eliminated
by the fill proposed for this lot. This impact should be
addressed.
4. The saturated soils and substantial tidal wetlands
are valuable to the productivity of Goose Creek.
5. There is principal concern about the protection of
on-site tidal wetlands from erosion, sedimentation, and pollution
impacts associated with development.
6. The Town of Southold Trustees note that the site has
several species of wetland vegetation flourishing on the property
(saltwart, sea lavander, groundsel and cordgrass) . And, the
southern lot has been hydralically filled.
7. The Town of Southold Board of Appeals are concerned
with the delination of saltwater and freshwater wetlands
below the 5 ' contour and the grasses (as defined by Chapter
97 of the Zoning Code) which exist in areas close to the road
and towards the proposed construction sites and the impact
of filing on these areas.
8. There is concern with the accuracy of the survey with
regard to delianation of wetland boundaries- and whether they
have been approved by the NYS Department of Environmental
Conservation; as well as the validity of the Department of
Environmental Conservation Permit since the subdivision survey
has been revised since it was granted.
Further information may be obtained by contacting Diane M.
Schultze, Secretary, Southold Town Planning Board, Town Hall,
Main Road, Southold.
Vote of the Board: Ayes: Orlowski;Mullen, Latham, Edwards
Planning Board Page 10 6/1/87
On a motion made by Mr. Latham, seconded by Mr. Mullen, the
following action was taken:
WHEREAS, Charles W. Bowman, has applied to the Southold
Town Planning Board for a subdivision for 2 lots on 7. 02 acres
located at Main Bayview Road, Southold, (application Bowman,et.al. ) ,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That pursuant to the provision of Article 8 of the
ENvironmental Conservation Law, ; Part 617 of Title 6 of the
New York State Codes, Rules and Regulations, and Chapter 44
of the Southold Town Code, the Southold Town Planning Board,
as lead agency, does hereby determine that the action proposed
is Unlisted and is likely to have a significant effect on
the environment.
I
2. That the Planning Board shall file and circulate such
determination as required by the aforementioned law, rules
and code.
3. That the Planning Board immediately notify the applicant,
Charles W. Bowman, (application Bowman et. al. ) of this determination ,
and further request said applicant to prepare a Draft Environmental
Impact Statement in accordance with the scope and contents
required by the Planning Board and Planning Consultant, all
in accordance with said law, rules and code.
4. An initial scoping product and SEQRA fee determination,
pursuant to Chapter 44, Section 20 of the Town Code, will
.forwarded as soon as it is determined.
Vote of the; Board: Ayes: Orlowski,Mullen, Latham, Edwards
Carmine and Donna Marie DiSpirito - The Board reviewed this
site plan for construction of a two-family house located at
Young' s Avenue, Southold. This proposal has received a special
exception from the Board .of Appeals and has been certified
by the Building Department. The Planner, Valerie Scopaz recommended
that the Board ask for a more detailed site plan so that the
Board can see if the house is in keeping with the character
of the neighborhood. Ms. Scopaz also noted to the"-Board that
the house is proposed for the back of the lot so it will be
be iri proximity to the back yards of the new houses which
are being build and the existing house. It was felt that
more of a buffer should be requested and Ms. Scopaz asked
that the Board consider a 10 ' buffer planted next to the adjacent
property, to at least protect the privacy of the existing
residence. This is under the jurisdiction of the Board for site plan::
Planning Board Page 11 6/1/87
On a motion made by Mr. Latham, seconded by Mr. Edwards., it was
RESOLVED that the Southold Town Planning Board approve the
site plan for Carmine and Donna Marie Di Spirito for construction
of a two-family dwelling located at Young' s Avenue, Southold,
site plan .survey dated as amended last May. 4, 1987; subject
to: : (tax map no. 1000-55-2-p/o 1)
1. A landscape plan indicating 10 ' buffering from the
existing houses.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards
Mullen Motors . - The Board reviewed this site plan for a parking
lot located at Cottage Place, Southold. . It was noted that
the Board of Appeals had granted a special exception for the
proposaland it had received certification from the Building
Department. Ms.. . Scopaz stated that the plan exists:-.almost
entirely in the residential zone and there are three residences
across the street. She that the plan indicates that the unpaved
area of the parking lot be seeded and in deference to .the
existing, established residential character of the neighborhood
she requested that the Board give consideration to requesting
that a row of evergreen bushes to block the cars from the
existing residences. Ms. Scopaz also recommended to the Board
that the lights be in keeping with the residential character:..
so the existing residences don' t have a flood light beaming
down in their yard. Mr. Orlowski stated that the flood lights
were requested in the parking area and Mr. Lessard enforces
the code with regard to the lights being_,shielded and not
offensive to the neighbors. Mr. Lessard stated that the lights
would have to be shielded to the property. Mr. Orlowski stated
that the trees in front:.to screen the parking lot would be
a good idea. Mr. Mullen stated that trees may obstruct the
line of visions going out of the parking lot. Mr. Mullen
noted that it is a busy area and he suggested low shrubs,
3 or 4 feet. He was in favor of the buffering but also concerned
about the safety factor. Mr. Lessard suggested that the Board,
if they want shrubbery, that the shrubs be no higher than
30" as on a corner lot so the vision is not blocked. (1000-61-3-19)
On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was
RESOLVED that the Southold Town Planning Board approve the
site plan for Mullen Motors for a parking lot for employees
only located at Cottage Place, Southold, site plan survey
dated as amended April 7, 1987 , subject to:
1. amending the site plan to indicate planting low-growing
shrubbery rather than grass in the front yard.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
* * * * * * * * * * *
Planning Board Page 12 6/1/87
Southold Square Shoppes - The Board reviewed this site paln
for construction of 13, 20.Osfshopping center with retail stores
and storage for same located at County route 48, Southold.
This plan has received certification from the Building Department.
Ms. Scopaz recommended that a curb cut be obtained prior to
or as a condition of the approval. Ms. Scopaz inspected the
site and was concerned with regard to the located of theo
proposed curb cut for this project in relation to the curb
cut of the site of Van Duzer across the street. (SCTM# 1000-55-5-7)
On a motion made by Mr.. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Twon Planning Board approve the
site plan for Southold Square Shoppes for constrruction of
a 13, 200 square. foot shopping center with retail stores and
storage for same located at County Route 48 , Southold, site
plan survey dated January 2, 1987; subject to:
1. Receipt of approval from the Suffolk County Department
of Public Works for a curb cut permit.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
* * * * * * * * * * *
Winds Way Building Corp. -
SCTM # 1000-116-1-8
The Board reviewed this subdivision proposal for 4 lots on
13 acres located at Linden Avenue, Cutchogue. This proposal
had a final public hearing on April 27, 198T before the Planning
Board. It was noted that the Suffolk County Planning Commission
had denied the subdivision since they felt that land locked
parcels would be created. It was noted that' the Board had
considered creating flag lots rather than rights-of-way within
subdivisions. Patricia Moore, Esq. was present as attorney
for the applicants. _Mr. Orlowski explained the problem with
regard to;-rights-of-way and.ithe problem that can occur if
they are not properly laid out within the lots of the subdivision.
When the lots within the subdivision are transferred the right-of-way
is often left as a separate parcel and this creates a problem
since the right-of-way can go up for tax sale' if the developer
doesn' t maintain the taxes on it. There was discussion with
regard to changing the layout of the parcels of the proposal
however it was noted that this was tried before and because
of the land configuration this was the best layout of the
lots. It was noted that the Board has previously overridden
the County with regard to this type of denial from the Planning
Commission, however, they were considering looking into the
possiblity of flag lots as. suggeted by the County. Mr. Lessard
explained that one right-of-way went up for a tax sale in
Laurel and the buyer came to the Town for a building permit
to construct a house on the land which was a right-of-way
to lots . Mr. Orlowski stated that the Board will review this
matter with theirAttorney and upon a decision advise the
applicant accordingly. Mrs. Moore brought up )discussion with
Planing Board Page 13 6/1/87
regard to an open space area and pubic access to the creek
along the Grace Edson Property. Mrs. Moore stated that her
client requested that this not be imposed for the following
reasons: 1. it is in..complete contracdition to all the wetlands
ordinances not to traverse the wetlands and 2. it creates
a dangerous parking situation on the road since there is no
parking on Linden Avenue, 3. the hunters who previously enjoyed
the property would be jeopardizing the houses which will be
constructed on the lots. This could put the Town and the
property in a bad situation- with regard to liability if someone
where to be injured while on that property. Mrs. Moore stated
that the applicant did not think that the idea of a public
access was proper .and he would not agree with it. Mrs. Moore
requested an extension on the final action of the Board until
an agreement could be worked out on the right-of-way versus
flag lot.
On a motion made by Mr. Latham, seconded by Mr.Mullen, it was
RESOLVED that the Southold Town Planning Board grant a 90-day
extension on the final action of the Board on the minor subdivison
map for Winds Way Building Corp. , located at Linden' Avenue,
Cutchogue, pursuant to the request of the attorney for the
applicant.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
Winds Way Building Corp.
1000-116-1-1
The Board reviewed this subdivision proposal for 4 lots on
11. 88 acres at New Suffolk Avenue, Cutchogue. This proposal
had a public hearing before the Planning Board on Apri1.. 27,
1987. It was noted that the revised subdivision map showing
the right-of-way extending to the northerly lot line of the
property had been received, however, the drainage plan had
not. Mrs. Patricia Moore, Esq. , attorney for the applicant,
was present. Mr. Bryer had requested more information on
the drainage plan and his information had not yet been submitted
to the Board. Ms. Scopaz stated to' the Board that she had
inspected the site with Mr. Lessard and the right-of-way will
have to be substantially regarded. Mrs. Moore requested an
extension on. the final action of the Board until a drainage
plan is submitted and reviewed by Mr. Bryer.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board grant a 90-day
extension on the final action of the Board on the minor subdivison
of Winds Way Building Cor . , located at New Suffolk Avenue,
Cutchogue pursuant to the request of the attorney for the
applicant in order that the drainage plan can be submitted
and reviewed.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
Planning Board Page 14 6/1/87
Russell E. Planitzer and Ruth F. Planitzer -
1000-12-2-6. 9 and p/o 6 . 7
The Board reviewed this lot line change proposal to add 2. 22
acres to the land of Planitzer from the land of the Estate
of Ruth Pickett and Anne N. Pickett located at Fishers Island.
It was noted that the 2. 22 acre. parcel would merge to the
existing lot of Russell E. and Ruth F. Planitzer and not be
considered a separate building lot. Mr. Edwards stated that
he was familiar with the property and that this transaction
was made to protect the view of the Planitzer property.
On a motion made by Mr. Edwards, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board approve the
lot line change application of Russell E. Planitzer and Ruth
F. Planitzer located at Fishers Island to merge 2. 22 acres
of land from the Estate of Ruth Pickett and Anne N. Picket
to their existing lot, . said 2. 22 acres not to be considered
a separate building lot, survey dated September 11, 1986.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Edwards
* * * * * * * * * * *
Whitney B. Armstrong -
1000-2-1-5. 3 and p/o 11
The Board reviewed this proposal for a lot line change located
at Fishers Island. Mr. Edwards had inspected the property.
Mr. Edwards was familiar with the property, however, he questioned
the survey and wanted assurance that all-of the property
would be one parcel. The survey depicted three parcels as
land of Armstrong,. as well as, a fourth parcel from FIDCO
to be merged to the land of Armstrong. Michael Hall, attorney
for the applicant was present and he explained that this
will be one contiguous parcel, and not further subdivided.
On a motion made by Mr. Edwards, seconded by' Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board approve the
lot line change for Whitney B. Armstrong located at Fishers
Island to merge . 30 acres from the land of FIDCO to the land
of Armstrong, said . 30 acres not be be. considered a separate
building lot, survey dated May 6 , 1987; subject to:
1. All parcels shown on the May 6 , 1987 lot line map
to be merged and considered one parcel as the land of Armstrong.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
Richmond Shores - The Board reviewed the subdivision bond update
submitted by Town Engineer, Lawrence Tuthill. Mr.. Lessard
noted that this was an approved subdivision filed with no
Planning Board Page 15 6/1/87
improvements made to date. Mr. Lessard had requested that
an updated performance be obtained and considered by the Planning
Board since the existing bond in .the amount of $125, 000 would
no longer cover the cost of the improvements. The applicant
had also revised the road and drainage plans to be in conformance
with the Town of Southold Highway- Specifications adopted in
1985.
On a motion made by Mr.Edwards, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board accept the
updated bond estimate in the amount of $250, OOOfrom Town. Engineer, for the
subdivision of Richmond Shores and forward same to the Town
Board subject to the review and approval of the Highway Superintendent,
Raymond L. Jacobs.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
* * * * * * * * * * *
- Long Pond Estates, : Section II -
1000 - 56-1- p/o 2
The Board reviewed this subdivision for action on the preliminary
map. ..A public hearing was held on the preliminary map for
this major subdivision on May 11, 1987 before the Planning
Board. The only questions at this time were from the Planning
Consultant James Bryer and the Highway Inspector John W. Davis.
In their review they requested drainage calculations-on the
final submission and a profile revised as per the calculations.
There is only one catch basin proposed and it was felt that
more would be required. Mr. Henry E. Raynor, Jr. , agent for
the applicatn, was present. Mr. Raynor that up-to-date they
have complied with all of the reports from Inspector Davis.
And, for the final submission they will submit a yield map
as per the Planning Commission' s request and a draft of the
covenants and restrictions for maintainence of the open space
by the Homeowners Association. The Board stated that they
would. like to have the drainage also addressed for the final.
Mr. Raynor stated that this will be addressed prior to the
final hearing. The Board stated that upon receipt of this
requested information, Mr. James Bryer will review it.
On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was
RESOLVED that the Southold Town Planning Board approve the
preliminary map for the major subdivision of Long Pond Estates,
Section II, located at Laurel Avenue for 13 lots on 29 acres
in the cluster concept, survey dated April 9 , 1987 subject
to:
1. Reciept of a drainage plan with drainage calculations
to be reviewed and approved by the Planning Consultant, Highway
Inspector and Planning Board.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
Planning Board Page 16 6/1/87
North Fork Early Learning Center -
1000-140-2-39
The Board tabeled -any .action or discussion with regard to
this proposal for a site plan for use of the Veterans Community
Center as a nursery school and day care center. This proposal
is located at Pike, Wickham and Hill Street, Mattituck. The
Board will reivew this matter with their attorney. The acting
Town Attorney, Francis Yakaboski, has been researching this
matter since it appears that under the law no variances can
be granted for any_ of the special conditions of a special
exception.
North Fork Country Club -
This site plan for a country club located at Main Road and
Moore' s Lane, Cutchogue has been completed and was pending
with the Building Department for a certificate of occupancy.
Mr. Emilita, Planning Consultant, inspected the site and found
that everything is in order except for few minor corrections.
It was suggested that another review be made in 30 or 60 days
to determine if all of the additional work was completed.
On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was
RESOVLED that the Southold Town Planning .Board recommend to
the Building Department that a certificate of occupancy be
issued for the site plan for the North Fork Country Club located
at Main Road and Moore' s Lane, Cutchogue subject to
1. A 60 day review of the site to determine of all of
the minor additional work has been compelted.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
* * * * * * * * * * *
Cedarfields/Mooresland -
1000-40-5-1
The Board reviewed the ..memorandum from the Planning Consultant,
David Emilita, with regard to the completeness of the Draft
Environmental Impact Statement submitted for the affordable
housing project (Cedarfields) and the town house project (Mooresland) .
The consultant for the project, Merlon Wiggon, was present
as .weli as the principals, Diane Carroll and Donald Bracken.
The Chairman read the memorandum and noted that Mr.Emilita
had found that the Draft Environmental Impact Statement was
not complete and three major items were to be addressed as
follows: groundwater, drainage and traffic. Mr. Wiggon.
noted that the drainage calculations had been prepared and
submitted on the preliminary plat and they could be included
in the Impact Statement. With regard to the groundwater,
Mr. Wiggon stated that they were supplying covenants and restrictions
that there will no fertilizers used in the lawn maintanence
and nounderground fuel storage tanks. Test wells will be
placed to moniter the water situation. They will also
Planning Board Page 17 6/1/87
conducting a traffic count for peak hour and will submit same
in an addendum to the Impact Statement. Mr. Emilita stated
that the well site was not shown on the plan in the Impact
Statement and there was no discussion of the nitrates in the
well. Since this site is a recharge area, this information
must be submitted. Mr. Emilita stated that this is not the
first time he has reviewed an impact statement for this project
since previous ones were submitted for the annexation proposal
and the change of zone, however the same questions have not
yet been addressed. Mr. Emilita also noted 'that these items
were discussed in the scoping checklist as well. Mr. Wiggin
stated- that there will not be nitrates from the sewers because
they will have sewer from the Village of Greenport. Any nitrates
would come from fertilizer only. It was noted that the 30
day public comment period will begin upon reciept and acceptance
of a supplement to the Impact Statement.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board accept and
request compliance with the memorandum of Planning Consultant,
David Emilita, dated May 21, . 1987, with regard to the Draft
Environmental Impact Statement for the Cedarfields and Mooresland
Proposals located at Greenport.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Edwards
* * * * * * * * * * *
Mr. Lessard commented to the Board with regard the a scoping
session held on May 29 for the subdivision known as Wolf Pit,
Associates. Mr. Lessard commended Planning Consultant, David
Emilita, since a reduction in the number of lots proposed
was obtained as a result of this session. The proposal originally
called for 27 lots in the cluster concept, however, the applicant
was considering revising the proposal to 12 , 5-acre lots.
Mr. Lessard stated that he believes the scoping sessions are
very beneficial and should be continued.
Being no further business to come before -he - Board, .o.n-..a„_motion
made by Mr. Mullen, seconded by Mr. Edwards,,, ,.and ..carried,
the meeting was adjourned at 9 : 05 p.m. `_ t.
R spectfully submitted,
ane M. Schultze, Secretary
Southold Town Planning Board
Bennett Or owski, Jr. , irman
RECEIVED AND FILED BY
THE SOUTHOLD T6WN CLERK.
DATE 6 1 f s� HOUR 1 'O VA.
Town Clerk► Town of Southold