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Southold, N.Y. 11971
(516) 765-1938
PLANNING BOARD MINUTES
July 6, 1987
The Southold Town Planning Board held a regular meeting on Monday,
July 6, 1987 at 7: 30 p.m. at the Southold Town Hall, Main
Road, Southold.
Present .were:
Bennett Orlowski, Jr. , Chairman
William F.Mullen, Jr. , Member
G. Ritchie Latham, Jr. , Member
Richard G. Ward, Member
Valerie Scopaz , Town Planner
Robert Brown, Sidney Bowne and Sons, Engineering Consultant
Diane. M. Schultze, Secretary
Absent:
Kenneth Edwards, Member due to illness
Victor Lessard, Executive Administrator, due to illness
On a motion made by Mr. Latham, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board set Monday,
July 27, 1987 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.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Latham, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board approve the
minutes of the regular meeting o- June 15, 1987.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
4
Planning Board Page 2 6/15/87
On a motion made by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board approve the
minutes of the regular meeting of December 8, 1986.
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward
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 May 5, 1987 correspondence received
from Highway Superintendent Raymond L.Jacobs with regard to
the sketchplan dted as amended April 9, 1987 for the major
subdivision of Hodor/Staller to be known as "East Marion Woods" .
(SCTM # 1000-31-1-5. 1)
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Latham seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board refer the site
plan for Thompson' s Emporium for construction..of a 40 ' x 50 '
retail building located at Main Road, Southold to the Building
Department for certification; survey dated as amended July
2, 1987 . (SCTM # 1000-63-1-8)
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Ward, seconded by Mr.Mullen, it was
RESOLVED that the Southold Town Planning Board approve the
minor subdivision for Winds Way Building Corp. , located at
Linden Avenue, Cutchogue for 4 lots on 13. 5 acres, survey
dated as amended November 25 , 1986 subject to: (SCTM # 1000-116-1-8)
1. Amending the surveys to reflect a flag lot rather
than the right-of-way as shown.
Vote.-of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board approve the
minor subdivision of Winds Way Building Corp. , located at
New Suffolk Avenue, Cutchogue for 4 lots on 11. 88 acres ,
survey dated as amended January 2, 1986 (with right-of-way
extended to the norther edge of property including Lot No.
4) subject to: (SCTM # 1000-116-1-1)
Planning Board Page 3 7/6/87
1. Prior to the issuance of a building permite, the applicant
shall submit the following:
A. A survey showing the proposed building footprint,
the existing and proposed grading on the iste. The survey
shall be sent to the Town Engineer or duly appointed consulting
firm) for review and approval prior to issuance of any
construction approvals.
B. A description of how construction will be undertaken
so as to prevent soil erosion or silting of same into the
wetland area.
2. The right-of-way shall be constructed to Town standards.
3. There shall be no fill placed on site.
4. There shall be no disturbance to vegetation or topography
within 75 ' of the meadow line.
5. No building permits shall be issued until all the road
improvements have been installed to Town standards.
6. The above noted conditions shall be stated on-the map.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward.
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board override the
resolution from the Suffolk County Planning Commission with
regard to the set off for Helmut Hass located at County Route
48 , Peconic, pursuant to the request of the attorney for the
applicant. ;(SCTM # 1000-69-4-2.,1)
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
Charles Bowman - Planning Consultant, David Emilita, had
reviewed the Long Environmental Assessment Form for this proposal
for 2 lots on 7. 02 acres located at Main Bayview Road, Southold.
Mr. Emilita had prepared Part II and Part III of the Assessment
Form and submitted same to the Board for acceptance. Based
on a previous Board resolution of June 1, 1987, the applicant
was advised to prepare and submit a Draft Environmental Impact
Statement. The Part II and III outlined others areas to be
addressed by the impact statements to determine if the proposal will
work. SCTM # 1000-76-3-34. 2, 3; 1000-78-7-3, 4,5)
On a motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board accept and
request compliance with Part II and Part III of the Long
Planning Board Page 4 7/6/87
Envirionmental Assessment Form prepared by Planning Consultant,
David Emilita, with regard to the minor. subdivision for
Charles W. Bowman located at Main Bayview Road, Southold.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Wards
On a motion made by Mr. Latham, seconded by Mr. Mullen, it was
WHEREAS, a formal application for the approval of a subdivision
plat, entitled Minor subdivision of Robin A. Raeburn and Mary
Elizabeth Murphy, was submitted to the Planning Board on February
23, 1979 , and re-submitted on April 14, 1987 by way of correspondence
from the attorney for the applicant, and
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Main Road, Southold, New York on
June 1, 1987 and re-convened and closed on June 15, 1987,
and
WHEREAS, the requirements of the Subdivision Regulations of
the Townof Soutohld have been met by said subdivision Plat
and application,
NOW, THEREFORE, BE IT RESOLVED, that the application of Robin
A. Raeburn and Mary Elizabeth Murphy for approval of said
subdivision plat prepared by Roberick Van Tuyl, P.C. and dated
September 26 , 1979 be approved and that the Chairman of the
Planning Board be authorized to endorse approval on said subdivision
plat.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Latham, seconded by Mr. Ward, it was
(SCTM # 1000-125-1-2. 9)
WHEREAS a'-formal applcation. for the . approval: of a subdivision
plat entitled Minor Subdivision for David Saland and Luis San
Andres was submitted to the Planning Board on January 20,
1987 and,
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Main Road, Southold, New York,
on June 15, 1987 and,
WHEREAS, the requirements of the Subdivision Regulations
of the Town of Southold have been met by said .subdivision
Plat and application,
NOW, THEREFORE, BE IT RESOLVED, that the application of
David Saland and Luis San Andres for approval of said subdivision
plat prepared by Howard Young and dated as last amended March
7, 1987 be approved and that the Chairman be authorized to
endorse approval on said subdivision plat, subject to the
following conditions as recommended by Town Planner, Valerie
Planning Board Page 5 7/6/87
Scopaz and accepted by the Planning Board, to wit:
1. Receipt of a revised map showing location of freshwater
wetland on propoerty and metes and bounds description of
same. --
2.` A Declaration of Covenants and Restrictions shall
be filed in'.-the Office of the County Clerk stating:
A. That the four (4) dots shown and designated
on the subdivision map for David Saland and Luis
San Andres shall not be further subdivided.
B. That Lot #4 shall have a conservation easement
on the property from the 40 ' contour line northward
to the marsh. The terms of the easement are as
follows: =
a. No structure of fill or septic system
shall be palced within this area.
b. There shall be no clearing, cutting,
or .regrading within t_his_ar_ea_---- - -- ------ ----
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board approve the
site plan for Sal Prato for construction of an electrical
contractor' s building located at Kerwin Blvd, as certified
by the Building Department and approved by the Town Trustees,
subject to the following conditions as recommended by Town
Planner, Valerie Scopaz and accepted by the Planning Board,
to wit: (SCTM # 1000-53-2-6)
1. The submission of a revised site plan indicating the
following:
a.Location .of existing drainage pipeleading from catch
basin across the street to the wetland at this site.
b.Landscape plan for the site which meets with the Planning
Board' s approval.
c.A statement that there will be no outside storage of
materials.
d.The site plan shall be signed and stamped by a licensed
surveyor or engineer.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
Planning Board Page 6 7/6/87
On a motion made by Mr. Latham, seconded byMr. Mullen, it
was
RESOLVED that the Southold Town Planning Board set Monday,
July 27, 1987 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 final maps for the major
subdivision of Papadopoulos and Maragos located at Kenney' s
Road, Southold for 5 lots on 14 acres. SCTM # 1000-59-3-17)
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board recommend to
the Town Board. that the proposed "Local Law in relation to
Zoning" , Sections 100-30A (2) and 100-119. 3 with regard to
deleting the term "commercial" from the agricultural district
and adding a section to provide for the maintainance of stormwater
on property be approved.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Latham, seconded by Mr. Ward, the
following action was taken:
NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRIONMENT
Pursuant to the provisions of Article 8 of the Envirionmental
Conservation 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 a Type I
and is likely to have a. significant effect on the environment.
DESCRIPTION OF ACTION:
This proposal is for a realty subdivision of 40 lots on
96 acres located at Main Road, East Marion, Suffolk tax map
no. 1000-22-3-19. 3 and 15. 1; applicant is Harold, Reese.
REASONS SUPPORTING THIS DETERMINATION :.
1. The Office of the Ecology, a Division of the Suffolk
County Department of Health Services, as an involved agency
recommends a positive declaration pursuant to SEQRA.
2. The site contains more than 12 acres of pristine intertidal
marsh adjacent to Dam Pond.
3. The site contains three species of birds which are
listed by the NY State Department of Environmental Conservation
as endangered, threatened or of special concern. Each of these
Planning Board Page 7 7/6/87
species is exclusively piscivorous and clearly- benefits from
the finfish production associated with the existing marsh.
4. Lots #1 through 4 contain steep bluffs facing Long
Island Sound. Undisturbed, the vegetated bluffs represent
a valuable natural feature because they provide nonstructural
shoreline stabilization benefits to the property.
5 . There is concern with inclusion of low-lying beach
areas within the designated property boundaries of Lots #1
through 13. These ares are highly dynamic and subject to
coastal erosion hazards as a result of natural and manmade
forces. Such erosion can result in extensive damage to property
and natural resources. Inclusion of such areas within delineated
property boundaries often encourages structural development,
which may needlessly compound natural 'resource impacts and
property loss due to coastal erosion.
6. The subject parcel is one -of -Southold' s- largest .
undeveloped properties adjacent to Long Island Sound. It contains
a substantial number of sensitive natural features , including:
approximately 2, 000 linear feet of shoreline, bluffs, tidal
wetlands, freshwater ponds and highly irregular topographic
relief.
7. The subdivision design does not propose sufficient
protection of the sensitive natural features onsite. A detailed
analysis of the property and its natural features is necessary
to achieve a design which best mitigates potential impacts
to the site' s extensive natural resources.
8. There is concern with regard to maximum .protection
of tidal wetlands and freshwater ponds; and retention of contiguous
open space and ecological diversity.
9. There is the possiblilty of an archaeologic impact
which is of concern and should be addressed.
10. The Town of Southold Trustees are concerned with the
vehicular access to the property since as proposed it is within
their jurisdiction. They request that the road be moved so as to
'be 24t§4:4e of the land under Trustees jurisdiction.
11. The Town of Southold Trustees are concerned with access
to the pond and recommenda foot path for limited access to
the pond by pedestrians only.
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, Ward
Planning Board Page 8 7/6/87
On a motion made by Mr. Latham, seconded by Mr. Mullen, the
following action was taken:
WHEREAS, Harold R.Ree.se,has applied to the Southold Town
Planning Board for a realty subdivision for 40 lots on 96
acres at Main Road, East Marion, tax map no. 1000-22-3-19. 3
and 15. 1,
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,
aslead .agency, does hereby determine that the action proposed
is Type I and is likely to have a significant effect onthe
environment.
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,-.
HaroldR. Reese, of thisdetermination, 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, David Emilita, all
in accordance with said law, rules and code.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward.
Landmark Preservation Commission - The Board reviewed this for
recommendation to the Town Board, on this Local Law. The
Town Board had held a public hearing on this matter. Mr.
Orlowski stated that as a member - of the Code Commit'L,:_�e
he had sat in on the discussions and personally felt that
the law was too restrictive since it is not a voluntary program.
Mr. Ward stated that he was for the proposed Local Law and
Mr. Latham agreed stating that he was opposed to telling people
what to do, however, the Town has lost a lot of historic buildings
in the last few years. Mr. Ward stated that there was a provision
in the law that the the property could be condemned if it
were to be sold or changed, however, he felt from a.
practical
point that this would not happen. , Mr. Orlowski felt that
the Landmark Preservation ,:..-Commission was fine to designate
theldndmarks, however, to get someone into the program who
did not want to be on it or could not afford to be on it was
too much of a burden. Mr. Orlowski also felt that the appeals
process proposed was tough,and alot of times older people
live in the homes and it would be a hardship for them. Mr.
Latham stated that there were alot of homes ' torn .down and
altered so that they. lose , the historical value and the Hartranft
house was torn down and no one was living in it.- Mr. Mullen
agreed with Mr. Orlowski stating that the public has a right
to do what they want with their homes, and he did not feel
that the proposed local law would hold up -in court if challenged.
Planning Board Page 9 7/6/87
Landmark Preservation Commission -
It was decided that since the Board did not have a consensus
to refer comments to the Town Board their comments would be
addressed individually. Mr. Orlowski and Mr. Mullen were
not in favor of the proposed Local Law while Mr. Ward and
Mr. Latham were in favor.
L & R Vineyards/ Richard Carr - (SCTM # 1000-101-1-3; 1000-100-4-p.o6)
The Board reviewed this propsoal for a change of zone from
"A-R" to M Light Multiple located at the corner of Elijah' s
Lane and County Route 48, Mattituck. The Town Board had referred
this matter to the Planning Board for their review and report
on recommendations. Mr. Ward stated that he felt the Planning Board
should have more information before a response is given to
the Town Board. Mr. Ward' s main concern was the Health Department
Approval and just exactly what Health Services would approve
on the current M zoned parcel located at New Suffolk Avenue,
which would determine the density on that site. Before any
thing is transferred off that site, in terms of development
rights, to any other lot in the Town an established density
for that particular parcel must be proven. Mr. Ward felt that
until that yield is established the zone change before the
Board at this time is just a concept. Mr. Mullen c,.ncu.rred
however, he felt that it would set a bad precedent to swap
zoning. (fir. Carr had proposed to develop the property on
Elijah' s Lane and County Route 48 into Multiple. Dwellings
and would then withdraw the pending plan for Multiple Dwellings
on his property at New Suffolk Avenue, Mattituck if all was
approved by the Town for this proposal) . Mr. Orlowski stated
that he felt that with all the work done on the Master Plan
and the designation of the agricultural conservation district
this proposal, which would be in the middle of the agricultural
conservation district, would- great_i-� impact the area. . rr. Emilita
stated-: that on the- face of it,: it is spot zoning. Mr. Emilita
also stated that it is linked as one of a possible number
of alternatives to the proposal located at New Suffolk Avenue,
Mattituck; however, in order to properly consider the proposal
the Board has to look at this property at County Route 48
and Elijah' s Lane and the "Norris property" located at New
Suffolk Avenue together to determine what would be the environment
impact of considering such an action. Mr. Emilita, who was
at this time in the middle of the SEQRA process on the New
Suffolk Avenue, "Norris Property" , felt that the proposed change
of zone now pending was far too pre-mature at this time to
seriously consider. Mr. Emilita stated that in the Environmental
Impact Statement for the proposal on the "Norris Property"
at New Suffolk Avenue, Mattituck is the place to consider
the proposed charge of zone as recently submitted. Mr. Emilita
stated that considering each project separately will mean
two impact statements under the State Environmental Quzlity
Review Act. Mr. Emilita stated that there is no reason for
Planning Board Page 10 7/6/87
re-zoning farmland into Multiple zoning unless there is some
public benefit and at this time he could not see any public
benefit. Mr. Orlowski stated that he would like to send all
of the Board' s comments to the Town Board on the proposed
change of zone. Mr. Ward stated that he is not in a position
to make a recommendation either way on this proposa_1: without
more information. He cautioned the Board against making a
recommendation based on opinion and rather than facts and
figures. Mr. Orlowski stated that as a member of the Farmland
Preservation Committee whichhas recently purchased the farm
along side of the one proposed for the change of zone this
proposal would impact that.Mr. Ward stated that it might be
possible to save more farmland if this is carefully considered.
On a motion made by Mr. Orlowski, seconded by Mr. Mullen,
it was
RESOLVED that the Southold Town Planning Board forward the
following comments and recommendations to the Town Board for
the change of zone proposal from."AR" to "M" Light Multiple
located at County Route 48, and Elijah' s Lane, Mattituck for
Richard Carr/ L & R Vineyards:
1. More information is needed to carefully consider this
proposed change of zone, specifically whether water and
sewer approval from the Suffolk County Department of Health
Services has been received for that property located at
New Suffolk Avenue, Mattituck, known as the "Norris Property"
with regard to that pending site plan.
2. - This proposal will impact the farmland since it is
in the middle of the farmland and agricultural conservation
district as indicated on the Land Use Plan and proposed
Zoning Map.
3. This will set a precedent for future requests to transfer
zoning in other areas of the Town.
4. This is a pre-mature application and should be addressed
as one of the alternatives in the Draft Environmental Impact
Statement to be submitted as required for the pending site
plan for the "Norris Property" at Mattituck.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board accept the
memorandum from Planning Consultant, David Emilita, of Szepatowski
Associates which determines that the .pa_it Environmental Impact
Statement and S_u�p�le��ent o_r the C'P��rfi_e1_ds and_Moo_r_e. land.
Proposals (affordable housing proposals) are complete and
adcx;uate�_ or _ reueiw. (SCT,1 s -1000=40- 5•al) _
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
Planning Board Page 11 7/6/87
On a motion made by Mr. Ward, seconded by Mr. .Mullen, it was
RESOLVED that the Southold Town Planning Board set Monday,
August 10, 1987 at 7: 30 p.m. at the Southold Town Hall, Main
Road, Southold as the time and place for a public hearing
on the public comments with regard to the Draft Environmental
Impact Statement and Supplement for the Cedarfields/Mooresland
Afforadable Housing/TownHouse propsals. (SCTM # 1000-40-5-1)
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Ward, seconded by Mr.Mullen, it was
RESOLVED that the Chairman of the Board be and hereby is authorized
to sign the final site plan for the' Breakers at Lands End (SCTM#
1000-35-1-25) , dated December 1986, indicating final site
plan . approval by this Board pursuant to Chapter 100 Section
s100-130 and following of the Town Code of the Town of Southold,
subject to the owner/developer of the aforesaid project consenting
to further engineering review with respect to the proposed
drainage facilities and
further subject to the owner/developer consent to and cooperating
with continuing on-site inspections and engineering reviews
during the course of construction and
subject further to the consent of the owner/developer to pay
the expenses and disbursements of such engineering review
and inspection by engineers designated by the Planning Board
of the Town of Southold at a cost not to exceed $25, 000 which
consent shall be in writing, and
further subject to the road width being twenty eight feet
(28 ' ) as previously discussed and agreed to by the owner/developer.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ware
On a motion made by Mr. Latham, seconded byMr. Mullen, it
was
RESOLVED that the Southold Town Planning Board set Monday,
July 27, 1987 at 7: 45 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
Richard and Anita Wilton (SCTM # 1000-40-3-6) located at
Queen Street, Greenport, containing 1. 8 acres.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward
J
Planning Board Page 12 7/6/87
Being no further business to come before the Board, on a motion
made by Mr. Latham, seconded by Mr. Mullen, and carried, the
meeting was adjourned at 8: 15 p.m.
Respectfully submitted
Diane M. Schultze, Secretary
outhold Town Planning Board
Bennett Orlo s i, Jr. , Cha' man
R� !'fit) SY
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DATE a�f�� HOUR
Town Clerk, Town of Southold