HomeMy WebLinkAboutPB-07/27/1987 rf
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Southold, N.Y. 11971
(516) 765-1938
PLANNING BOARD MINUTES
July 27 , 1987
The Southold Town Planning Board,-held a. regular meeting
on Monday, July 27, 1987 at 7: 30p.m. at the Southold Town
Hall, Main Road, Southold, NY 11971.
Present were:
Chairman Bennett Orlowski, Jr.
Member .William F. Mullen, Jr.
Member G. Ritchie Latham, Jr.
Member Kenneth Edwards
Member Richard G. Ward
Town Planner ValeriecyScopaz
Planning Consultant James Bryer
Secretary Diane M. Schultze
Executive Administrator, Victor Lessard (8: 15)
7: 30 p.m. 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 five
lots on 14 acres, SCTM # 1000-56-3-17
Mr. Orlowski: I would like to open this:.-meetirgg with the
public hearing on in the question of the final maps of the
major subdivision of Papadopoulos and Maragos Located at
Kenney' s Road, Southold. This is 5 lots on 14 .:acres.
We have proof of publication .in the Suffolk Times sigi}ed
by Gerry Pagliaro_-and notorized by Mary Deegnan and we
have proofk_�pf publication in the Long Island Traveler Watchman:-i
signed by Pat Wood and notorized by Barbara Forbes. At
this time everything is in order for final hearing and I
will ask if there are any objections to this major subdivision?
Hearing none. Are there any endorsements of this major
subdivision?
Mr. Bruer: Yes, Rudolph Bruer, on behalf of the applicant.
I would just like to state that since early 1985 that we
started here, I think all the arguments have been proponed
and I would request that the Board consider those and please
grant the application.
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Planning Board Page 2: 7/27/877
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Mr. Orlowski: Okay,
Mr. Bruer: If there any questions, I would be happy to
go on with it but I think we really answered it over the
years.
Mr. Orlowski: Okay, any other endorsements of this 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. Afty
questions from the Board? Mr. Mullen, none; Mr. Latham,
none; Mr. Edwards, none; Mr. Ward, none; Ms. Scopaz , none.
Okay, being no further questions I will decare,this hearing
closed and thank you for coming.
SCTM # 1000-4017-43-6
Mr. Orlowski: Okay, 7: 45 p.m. Public hearing on the question
of approval of the minor subdivision for Richard C. and
Anita C. Wilton located at Queen Street, Greenport for 2
lots on 1. 8 acres with a variance form the Baord of Appeals.
We have proof of publication in the Suffolk Times, signed
by Gerry Pagliaro and notorizddi)b_ y Mary Deegnan. We have
proof of publication=iniithe Long Island Travbler Watchman
signed by Pat Woods and notorized by Barbara Fobbes. At
this time everythi4g is in order for a final public hearing
on this minor subdivision aftd I will ask if there arp any
objections to this minor subdivison? Hearing none. Are
thereaany endorsements of this minor subdivision?
Mr. Wilton: I am Richard Wilton and I would be happy to
answer any questions anyone may have.
Mr. Orlowski: I assume that you are in favor.
Mr.. Wilton: Yes, I am.
Mr. Orlowski: Is there anyone 'gout there neither pro nor
con-1:but with information pertaining to this subdivision
which would be of interest to the Board? Hearing none. Questions
from the Board, Mr Mullen, none; Mr. Latham, none; Mr. Edwards,
non e; Mr. Ward, none; Ms. Scopaz , none. No questions no
further comments, I will declare this hearing closed and
thank you for coming.
* * * * * * * *
On a mbtion::.mdde by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board approve the
minutes for therregular meeting of July 16, 1987 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Edwards , Ward
* * * * * * * *
Planning Board Page 3 7/27/87
Irwin Thompson lot line change - SCTM # 1000-63-3-8 - Mr.
Garrett Strang, architect, was present. Mr. Strang explained
to the Board that this proposal has received a variance
from the Board of Appeals for the insufficient side yard
which would be a result of the lot line change. See appeal #3629 .
On a motion made by Mr. Ward, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the
lot line change for Irwin&Sondra.)Thomp"s`on; SCTM#";1000=63-3-8,
located at Main Road, survey dated April 20, 1987 to merge
3004. 5 square feet from other land of Thompson, said 3004. 5
square ..feet not to be considered a separate building lot,
subject to:
1. A minimum 50 ft. side yard distance 7between the existing
and new., building and any further proposed buildings (s)
on the vacant parcel to the east, SCTM # 1000-63-3-9 .
Vote of the Board: Ayes : Orlowski, Mullen, .Latham, Ward, Edwards
On a motion made by Mr. Latham, seconded my Mr. Edwards, it was
RESOLVED that the Southold Town Planning Board accept and request
compliance with the report of David Emilita, Planning Consultant,
of Szepatowski Associates, with regard to the Draft Environmental
Impact Statement submitted for the major subdivision of
Richmond Creek Farms, SCTM # 1000-86-1-9 , said report from
Mr. Emilita dated July 8;' 1987.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
Daniel Jacoby - SCTM # 1000-1211'_41-p/o 5 - The Board set
this new proposal for 4 lots,--on 10 acres located at Laurel
Lake, Laurel for a field inspection.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board override
the resolution of the Suffolk County Planning Commission
with regard to the minor subdivision of Winds Way Building
Corp. , located at Linden Avenue, Cutchogue, SCTM# 1000-116-1=8,
pursuant-_.to.:the request of the attorney for the applicant
due to the. fact that the maps have been amended to ;indicate
a flag lot which the County favors.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Planning Board Page 4 7/27/87
Francis F. Adams - Mr. Thomas McVann, esq. was present for
the Board' s review of this lot line change proposal located
at Fishers Island (East End) SCTM # 1000-3�.1343. Mr. Edwards
explained to the Board that in December 1986, the Board
had granted a change to the lot line and now the applicant
was requesting a second lot line change. Mr. Edwards stated
that in the December approval, the layout straightened out
the lot and each lot was in conformance with the proposed
three-acre zoning for this area of the island. Mr. Edwards
stated that the current proposal would leave one lot being
just over two acres. Mr. Edwards stated that he had conducted
a second inspection, and he was not in favor of granting
this proposal. Mr. McVann stated that he had written; the
Board a lengthy letter with regard to the reasons behind
this request and stated that it does comply with the current
zoning, and requires no variances what so ever. Mr. McVann
stated that the first applicant was done to "create" three
lots for the purpose of utilizing the three homesites that
were there under the Olmstead Plan. Mr. McVann stated that
the first application did not have lot lines with any idea.:'.._:.:
of where the homes woud be pldced.because no architectural
work had been done, and no application had been made to
any other agency such as the Department of Environmental
Coservation (DEC) . Mr. McVann stated that to have the applicant
re-draw the lot lines would be onerous when they now have
a map with all of the other approvals. Mr. McVann stated
that the first map which the Board approved did not satisfy
the requirements of the DEC, and many of the other agencies
involved. Mr. Edwards questioned what Mr. O'Brien plans
to do with:;lot No. 3. Mr. McVann stated that Mr. O'Brien
has no particular plans for Lot No. 3, however, there is
an existing pond on Lot No. 3. Mr. McVann stated that they
had been to the DEC to obtain approval to construct.'-on Lot
No. 3 and the building area is very circumscribed because
of the freshwater wetlands. .'Mr.McVann stated that he felt
thatcthe lot lines would be an arbitrary because they would',.-,;
haze-no more than two houses on six acres, which would be
the effect of three acres lots. Mr. Edwards questioned
if Mr. O;':Brien would consider giving lot No. 3 as open space.
Mr. McVann stated that he would have to discuss this matter
with Mr. O'Brien, however, he has been told by the DEC that
he has approval to build although the envelope is somewhat
circumscribed. Mr. McVann stated that they building department
had also reviewed this matter and stated no objection for
the lot with the main house and cottage house, and a building
permit::had been obtained for both lots with the map proposed.
Mr. McVann stated that the building department was aware
that it was pending before the Board. Mr. Edwards recommended
holding any action until it is researched with the Building
Department with regard to the buildng permits issued. Mr.
Ward stated that he would also---like a response from'--.the
applicant with regard to lot no. 3. Mr. Orlowski questioned
if they had anything in writing from the DEC with regard
to the permit on the lots. Mr. McVann stated that he had
submitted_+all of that _information, and he presented the
Planning Board Pge 5 7/27/87
Adams, Cont.
map which the DEC had endorsed which was a photocopy. Ms.
Scopaz stated that the DEC permit is only for lot No. 1.
Mr. McVann stated that he had received two building permits
and there was a mortgage from the bank on them on which
the applicant was paying interest. Mr. Edwards stated that
he is.;not infavor of this, but would hold it over for furtherh;.
research. This proposal will be held over until the next
regular Planning.-.Board meeting.
On a motion made by Mr.Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board forward correspondence
to the Building Department questioning the building permits
saidcYt_,,., to be issued on the Francis F. Adams property located
at Fishers Island.,: SCTM # 1000-3-3-3 .
Vote of the Board: Aye: Orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Edwards, seconded by Mr. Latham, it was
RESOVLED that the Southold Town Planning Board approve the
lot line change for Olof Nelson located at Fishers Island,
(East End) SCTM # 1000-10-5-1. to merge . 28 acres from land
of Fishers Island Development Corp. , (FIDCO) to land of
Olof Nelson and said . 28._acres not to be considered a separate
building lot; subject to:
1. Receipt of a copy of the contract from FIDCO to
Nelson-with regard to this land transaction.
2. Receipt of three-'-original surveys dated January
24, 1979 titled "Plan of property to be conveyed to
Olof Nelson" for the Chairman' s endorsement.
Vote of the Board: Ayes: Orlowski, Mullen, latham, Ward, Edwards
On a motion made by Mr. Edwards, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the
lot line change for-!!,.Raymond B. Gary located at Fishers Island,
(East End) SCTM # 1000-4-5-1. 7 :_and 2. 2 to merge . 19 acres
from land of Fibhots Island Development Corp. , (FIDCO) to
land of Raymond B. Gary•. said 1.19 acres not to be considered
a separate building lot; subject t2
1. Receipt of three original surveys dated October
14, 1986 titled"Fishers Island Development Corp. to
Raymond B. Gary. for the Chairman' s endorsement-.--
Vote ofithe:. Board: Ayes: Orlowski, Mullen,Latham, Ward, Edwards
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Planning Board Page 6 7/27/87
The Fields at Mattituck ;4- (Maunsbach/Leeds) - The Board reviewed
this subdivision - Phase 1 - for 3 lots::,on 60 acres at Bergen
Avenue, Mattituck, SCTM # 1000-113-2=1. Town Planner Scopaz
stated that she had reviewed this proposal with.-.the :agent
and recommended that the Board grant approval to Phase-_;;;
I. She stated that in Phase 2, the road will be extended
to property of Cooper with a temporary cul-de-sac and the
lots along Bergen Avenue are off the road to create a buffer
along Bergen Avenue.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the
sketch map for Phase I of the major subdivision for Maunsbach
and Leeds to be known as The Fields at'.:Mattituck for 3 lots
on 60 acres, SCTM # 1000-113-2=1; survey dated as amended
June 27, 1987 .
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards
Abstained: Ward
Plum Gut Properties, et. al. - The Board reviewed this proposal for
4 lots on 15. 6 acres at Main Road, Orient, SCTM # 1000-18-3-9. 1.
Town Planner Scopaz stated that she had spoken with the
applicant' s agent and it was agreed that the 50 ' strip of
land abutting Main Road would not be used for-:ingress and
egress, only the right-of-way would be used for that purpose.
The right-of-way will also be extended an additional 80 '
so that if-"-at some point in the future._-.there.:_is..'additional
access; Mr. Ward stated that he would like to see building
envelopes on the lots as well.
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board approve the
sketch map for the minor subdivision of Plum Gut Properties,
et. al. , SCTM # 1000-18-3-9 . 1, for 4 lots on 15. 6 acres
at Main Road, Orient, survey dated December 18, 1985; subject
to .
1. Extend_ ing..the right!76f-way.:80'..:.:to,,-the..iproperty
line.
2. No access over the 50 ' strip abutting Main Road.
All access to the lots will be over the right-of-way.
3. Building-,:;envelopes to be indicated on,.the lots.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Planning Board Page 7 7/27/87
Arshamomque:-:Island - The Board reviewed this proposal located
at Southold, SCTM # 1000-52-7-1 formerly Philip and Sharyn
Ofrias now owned by Shalette. Mr. Rudolph H. Bruer, Esq.
was present as attorney for the new owners. Mr. Bruer had
submitted correspondence for: . the file requesting an extension
on the conditional final approval. This would be the third
extension. Mr. Bruer stated.%that an extension was requested
in order to complete the conditions of the final approval.
Town Planner Scopaz stated that she had reviewed this matter
and discussed it with the Town Attorney. Ms. Scopaz stated
that the Board is constrained in its ability to respond
to the request for an extension because the Board has already
granted two 90-day extensions on the conditional final
approval. Ms. Scopaz stated that the Town Attorney had
informed her that the. Board can only. extend conditional
final approval for a total of two ninety day periods.
Ms. Scopaz stated that under State Law, Section 276 subsection 4 and 5,
Board can not grant a third extension on_this conditional
final approval. Ms. Scopaz statedeihhat the owner will have
to now submit a new final application which would be processed
as the prior one. The proposal previously submitted is
not effectively invalid. Ms. Scopaz stated that if the
Board is in favor of the old layout which had received conditional
approval then they can recommend to the applicant that the
new application be the same as the previous one. Mr. John
W. Davis had submitted a report-_on the right-of-way improvements
and Ms. Scopaz stated that the Board could accept and request
compliance with this report at the time of the new application.
Mr. Bruer stated that his clients purchased the property.
from Mr. and Mrs. Ofrias by way of three deeds; however,
.Mr. Bruer stated that the Schallete' s uz.elerstand that they
only had one parcel of property even though there were three
deeds since it was not ap,:—..approved subdivision. Mr. Bruer
stated that his clients were contemplating if they even
wanted to maintain the subdivision but he felt that it would
not be wise to give up a subdivision which has been pending
for some time. Mr. Bruer stated that he understood that
it was the Board' s policy to require that the road be improved
prior to, granting the subdivision, however, Mr. Bruer stated
that he would ask the Board to waive this requirement with
very specific restrictions on what could';be done with the
property. For example,. covenant and restrict on record
that the property could not be subdivided or sold as parcels
without having the road'_installed, because he knew that
the Board was concerned with having problems with developers
selling the lots and not putting in-_the roads as promised;
Mr. Bruer stated that he was concerned that his clients
would not have enough time to make a decision with regard
to this. Mr. Orlowski stated that if covenants and restrictions
were proposed the Board would have. to have . them :arid review
them with the Town attorney. . Mr. Ward stated that there
is also the problem of access over someone else' s property
to get into the subdivision. Mr. Bruer stated that he was
aware of this and felt that the 280-a access granted by
the Board of Appeals for the one house should be good even
though they are proposing three lots. Mr. Bruer stated
Planning Board Page 8 7/27/87
this would bE: addressed. Ms.- Scopaz questioned if Mr. Btuer' s
client would be adverse to:::posting a letter of credit or
a bond if the Boar finds that the Covenants and restrictions
are a problem or cannot be accepted legally. Mr. Bruer
stated that while he did .not think his clients would be
adverse to this he would rather not if he could tie it up
another way. Mr. Mullen suggested that Mr. Bruer look in
to the surety situation. Mr. Bruer stated that he would
look into this matter with regard to the extension and discuss
same with the Town Attorney, Frank Yakaboski. , Mr. Bruer
noted that the subdivision had received all the other necessary
approvals.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the
site plan for "The Cove" located at Main Bayview Road, Southold,
SCTM # 1000-87-5-2.0., for construction of 33 condominium
units, sit eplan dated as revised January 13, 1987 subject
to:
1. Completion of the drainage review by Engineering
consultants, Sidney Bowne and Son and satisfactory
compliance with same by the developer.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
* * * * t * * *
On a motion made by Mr. Latham, seconded by Mr. Ward, it was
RESOLVED that .the Southold Town Planning Board authorize
the Chairman to re-endorse the site plan for Gardiner' s
Bay Condominium located at Greenport. (This plan was previously
approved and endorsed and is under construction, however,
the County Clerk' s office would not accept the map for filing
since the dated endorsement was out dated. )
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
* * * * * * *
On a motion made by Mr. Ward, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board et Monday,
August 10, 1987, at 7 : 30 p.m, at the Southold Twon Hall
Main Road, Southold, as the time and place for a public
hearing on the -preliminary maps for the maior subdivision
to be known as "Cedarfields" located at Greenport; 84 lots
on 26. 4 acres in the affordable housing district, SCTM 1000-40-5-1.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
* * * * * * * *
Planning Board Page 9 7/27/87
Thorton Smith - The Board reviewed this sketch map for 35
lots on 81 acres including a parcel to be conveyed to John
Simicich and parcel to be conveyed from Simicich to Smith,
SCTM # 1000-121-1-1 , p/o 9 . Mr. Niel Smith, Mr. Charles
Cuddy, esq. representing John and Catherine Simicich, Mr.
and Mrs. John and Catherine Simicich, and Howard Young,
surveyor were present. It was noted that Mr. Simicich had
agreed that on the parcel he was to acquire from Mr. Smith
that he would have only two residential structures. Mr.
Orlowski went through the procedures with the applicants.
He stated that since there were three applications made,
one for Simicich and two for Smith (set-off and Major) ,
the Board would proceed with the set off for Smith, the
minor subdivision for Simicih and then the major subdivision
for Smith. It was agreed that the covenants and restrictions
onthe parcel to be acquired by Simicich would be submitted
as part of the set off for Smith since this was the parcel
affected.
On a motion:::made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board approve
the sketch map for the major subdivision of Thorton Smith,
for 35 lots:.;on 81 acres located at Sound Avenue, Mattituck
SCTM # 1000-121-1-1 p/o 19 including parcel to be conveyed
to Simicich and parcel to be acquired from Simicich.
Vote of the Board: Aye: Orlowski, Mullen,,--,,.Latham, Ward, Edwards
The Board questioned Executive Administrator, Victor Lessard,
with regard to the Building permits stated to be issued
on the.::property of the Adams lot line change proposal at
Fishers Island, (see page 4, ) . Mr. Lessard stated that he
will research this matter and if building permits were issued,
he will void them and send the Planning Board a copy.
Mr. Edwards commended the Planning Board on their recent
trip to Fishers Island and the help there were with regard
to a proposal which needed to be reviewed since it was started
without a 'site plan.
The Board discussed with Executive Administrator, Victor
Lessard, the construction of additions and renovations to
a gas station at Mattituck which was being done without
a site plan to the Board. Mr.: .Lessard stated that these
additions were being made to conform to a State Code, however,
he had advised the owners with regard to a site plan and
conforming with other:.:requests and if something was not
done he would close the operation down until there was compliance.
Planning Board Page 10 7/27/87
There was also Board discussion with regard to the Mobil Gas
Station recently constructed at Peconic on Route 48. The
Board :was concerned because there.-was no compliance with
shielding the lights and they were selling food, beer, hoisery,
and other items in the ' Pmini mart" which the Board had not
approved as part of the site plan. The Chairman stated
that any additions, even a canopy which would be constructed
over the pumps should come before the Planning Board as
a site plan. Mr. Lessard stated that this was a requirement
of state law and it had to be complied with. Ms. Scopaz
stated that when people make applications to construct a
canopy they should be informed that they will need a site
plan before the Planning Board.
Mr. Kenneth Edwards brought the Board-'up to date on the
affordable housing project at Fishers Island. He stated
that the Civic Association has purchased property and proceeding.
The Chairman stated that the Planning Board will make every
effort---to work with the Civic Association in their goal
for affordable housing.
Klos Site Plan - It was noted that the site plan is not
in compliance with what was approved::by, the Board. The
Building Department stated that there were:.no .certificates
of occupancy issued for this proposal and the Planning Board
had not made an inspection to date. The Chairman abstained
from any discussion with regard to this matter since he
is related to the applicants.
The Chairman introduced discussion with regard to addressing
the code provision for cul-de-sac length. He stated that
it is presently required.. that the cul-de-sac not exceed
800 ' . Mr. Orlowski stated that something must be revised
shortly since there are many lots in the Town which will
have poor development layout if this is not revised.
It was also discussed that the engineering firm, Sidney
Bowne, and Son would be forwarding a recommendation for
specifications,-zon access roads within minor subdivisions.
It was felt that the minor subdivsion roads should be similiar
to major subdivision roads with underground utilities. The
Board will proceed on-.-this upon receipt of the memorandum
form Sidney Bowne and Son.
Planning Board Page 11 7/27/87
Being no further business to come before the Board, on a
motion made by Mr. Ward, seconded by Mr. Latham, and :::carried,
the meeting was adjourned at 8: 47 p.m.
Respectfully sub itted,
ne M. Schultze, Secretary
Southold Town Planning Board
Be nett Orlow ki, Ir. , C irman
RECEIVED AND FILED BY
THE SOU MOLD TOWN CLERK
DATE HOUR
e
Town Clerk, Town of Sou ld