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HomeMy WebLinkAboutPB-05/05/1986 VA, D T LD S Y Southold, N.Y. 11971 (516) 765-1938 PLANNING BOARD MINUTES The Southold Town Planning Board held a regular meeting at Monday, May 5 , 1986 at the Southold Town Hall, Main Road, Southold at 7: 30 p.m. Present were: Chairman Bennett Orlowski, Jr. Member William F. Mullen, Jr. Member G. Ritchie Latham, Jr. Member Kenneth Edwards Absent Richard G. Ward Planner- James Bryer Executive Administrator Victor Lessard Planning Board Secretary Diane M. Schultze 7: 30 p.m. Public hearing on the question of approval of the minor subdivision of N. Charles DeLuca located at Southold for 4 lots on 10 acres. Mr. Orlowski: First order of business is a public hearing on the question of approval of the minor subdivision of N. Charles DeLuca located at Main Road, Southold. This is four lots on 10 acres. We have proof of publication in the Long Island Travler Watchman signed by Pat Wood and notorized by Barbara Forbes, we also have proof of publication in the Suffolk Times signed by Heather Cusack and notorized by Mary Deegnan. I will dispense with the reading of the metes and bounds, if anyone out there has a problem with that , please let me know. At this time everything in the file is in order. I will ask if there is anyone out there with objections to this minor subdivision? Roger Roth: Mr. Chairman, members, of the Board, Miss Schultze, I am a resident of Beixedon I own a home on Hippodrome Pond, which is concerned with this subdivision. I have lived . here now over 13 years, my family at least 37 before me. We have noticed problems in the area of this so called subdivision which is mainly a drainage problem. The north side of Main Road is quite a bit higher elevation wise than the lower side so that when we get these terrential rains, 2" - 3" of rain in a matter of hours or so, that Planning Board Page 2 5/5/86 Mr. Roth: whole area in there is flooded. And, I believe the highway department is well aware of this problem. Now, this flooding runs down the highway and down into a drainage area in to Hippodrome Pond which drainage cuts right across these lots in the lower part of this subdivision, I think it is lot No. 3. But, I think with opening up another easement onto the Main Road from this subdivision that the highway department should have some thoughts on their position on the zoning of this subdivision. Secondly , I happen to be an environmental ecologist, I have a degree from the College of Forestry in Syracuse. I also have a Doctor' s Degree in Agriculture from Cornell University and my main concern about this subdivision is the ecology problem in the Hippodrome Pond. Now, this situation on the North end of Hipprodrome Pond is all marsh grass , where the drainage comes in and where the lots are to face on the pond. This is the area where the wild fowl nest, . swans, the mallerd ducks and some canadian geese. This type of nesting place will go by the birds if these lots are zoned and houses put in. In .addition to that, because the drainage is down towards the pond we have had alot of drainage from the farm, pesticides from the farm going into that pond and the minute they hit the pond, the blue claw crabs, the killey fish and everything disappear. There is a complete wipe out for another three to six months. But, with development in this areaI believe that the ecology of this pond which is very poor slow moving tidal pond. It is not like the Mill Creek drainage from the .Hasamomaque Pond, maybe you would get drainage of 1 hour to 12 hour a day at the hig tide. If we get sepage, sewage seepage, other drainage off the ponds, I feel that the ecology of the pond is going to be affected and it is now under the jurisdiction of the wetlands authority here in NY State. But that might be an objection if you look at it that way. The first point about the drainage should be a consideration by the Highway. I think that is all I have to say. Thank you. Mr. Orlowski: May I have your name , please, for the Secretary. Mr. Roth: My name is Roger Roth and I 'm at P.O. Box 982 Southold. Mr. Orlowski: Thank you. Is there anyone else with objections to this minor subdivision? Hearing none. Are there any endorsements of this subdivision? Charles DeLuca: My name is Charles DeLuca. I am the gentlemen that is applying for this application. I heard this gentlemen say some very interesting things. He calaborates with why I am putting this application for the subdivision. The farm, the drainage from that farm is the only threat to the ecology. ] This is why I waited twenty years to put an application in. There is twenty years I 'could have made the application when I bought this property. I also am an ecologist and I also have a home in Beixedon. So, I look for the best interests of the community because this is my home. And, as far as the subdivision is concerned by putting only Planning Board Page 3 5/5/86 Mr. DeLuca: four lots in over 10 acres, I am maintaining the structure of this community. The farms is the only thing that runs off with the pesticide and so forth. The water that runs into that pond does not come from rain, it comes from the overflow from the pumps from the irrigation. As far as the wetlands is concerned, you can check with the conservation people who have washed their hands of the matter and say that they have no jurisdiction. That land is high enough for a natural drain and they gave me a letter to that effect. And that is all I have to say at this point. Thank you. Mr. Orlowski: Thank you. Are there any other endorsements of this subdivision? William Moore, esq. : My name is William Moore, from the law offices of Richard Lark at Cutchogue. We are Mr. DeLuca' s attorneys. I have a letter here I would like to give the Board that addresses primarily the Suffolk County Planning Commission' s letter of last summer. (Mr.Moore submitted the letter to the Chairman) . I will skip the comments. made here and get right to their letter, and address some of the concerns because it directly relates to what we are asking you to consider. The County, in their wisdom disapproved the application for subdivision and in doing so set forth a series of reasons dated August 9, 1985 . The first of which was that the proposal was going to create land locked parcels. The proposed right-of-way addresses that problem, more importantly .it has been a policy of this Board to. not create flag lots so we have access road, but we found it more reasonable to go with the right-of-way, and that is a policy of our Board out here. In accordance with and in compliance with tht policy, so that the question of landlocked parcels really is not appropriate for the way we do things out here and the way we prefer to see the property subdivided. Their second comment is that it is obvious, and there must have been doing some clarvoyance down there, but that Lot No. 1 can be subdivided in the future. So we responded not necessarily directly to that comment but covenants and restrictions were filed at your request prohibiting the future division of Lot No. 1 without prior approval of this Board. I think we responded on issue No. 2 from the County' s letter. Issue No. 3 and one that was raised here today is interesting. The County proclaims that the storm water runoff is going to go out to the State Road and I think the conversation here to night is that everyone believes that anything is going to run from the road down across this property and not the other way around. A look .at a topographic map would bear that out. I don' t think the water is going to run up hill. Finally , the County suggests a cul-de-sac for the access to these lots. I think this Board has considered that and rejected that suggestion looking at the particular width of the subject property as not being an appropriate way to go about that. Additionally, that would prevent any future connections and that would prevent a road comming in the from the property to the East. A cul-de-sac would more or less prevent any future connection of property Planning Board Page 4 .5/5/86 Mr. Moore: that would. adjoin for a continued and rational set of roads in the subdivision. I believe Mr. DeLuca addressed the question of storm water runoff and evironmental concerns. He had a negative declaration last summer, the map shows a 100 ' setback up and above where you will not be down on the water. If you have any questions, Mr. DeLuca is here and I am sure he will answer them for you and if I can, I will do so. Mr. Orlowski: Okay, thank you. Anyone else here endorsing this subdivision? Hearing none. Is there anyone out there neither pro nor con but may have some information pertaining to this subdivision that might be of interest to this Board. Hearing none. Any questions from the Board, Mr. Mullen, (none) ; Mr. Latham (none) ; Mr. Edwards (none) ; Mr. Bryer (none) . Mr.Moore: Mr. Chairman, I would like to add one more comment and that it that we have negotiated with the Villge of Greenport water and are in the process of putting this together so that water will come down from the Main Road down to these lots, if. that is a concern. Mr. Orlowski: Yes, I was going to ask if a bond has been established. Mr_ . Moore: I don' t think they have gotten to the point of the bond. They have negotiated the terms and I believe the contract is 10 , 000 dollars. The Village of Greenport has approved the concept and I think we are discussing now whether the Village of Greenport will do the work or whether we are going to do the work, but they have approved that the contract is being worked out for $10 , 000. Mr. Orlowski: Okay, the Board would like to have that as soon as possible. Okay, being no further questions, I will declare this hearing closed and thank you for coming down. 7: 45 p.m. Mr. Kowalski was present for 'a presubmission conference to discuss the site plan for K and K Plumbing located at Traveler' s Street, Southold. This proposal is for construction of a retail plumbing store. Mr. Kowalski stated that his intention was to open up a store to sell hardward and plumbing parts, and to have a place to keep his trucks. The Board questioned if this would be a hardware store too or just plumbing supplies. Mr. Kowalski clarified that this would be basically plumbing supplies. The Board .also questioned if this will be retail and wholesale. . Mr. Kowalski stated that it would be retail only. Mr. Latham questioned the truck parking and Mr. Kowalski stated that this would be on the inside of the property. Mr. Bryer stated that handicapped parking is shown, however, the stall must be widened. Mr.Bryer also stated that he reviewed the parking and it is sufficient for this use. The Chairman stated that the Board should review the conditions of the Planning Board Page 5 5/5/86 K and K Plumbing cont. Board of Appeals approval on the set-off of Academy Printing since this parcel is the subject of that set-off and a variance was obtained. It was the consensus of the Board to make a field inspection of the premises prior to any further recommendations. On a motion made by Mr. Edwards, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board set Monday, May 19 , 1986 at the Southold Town Hall at 7 : 30 p.m. as the time and place 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. Edwards, it was RESOLVED that the Southold Town Planning Board set Monday, May 19 , 1986 at the Southold Town Hall at 7: 30 p.m. as the time and place for a public hearing on the question of approval of the minor subdivision for the Estate of Emil Conklin located at Greenport, 4 lots on 7. 785 acres. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards Harbor View - The Board reviewed the file for this major subdivision located at Mattituck for 38 lots on 40 acres. It was noted that the Town Inspector and Highway Superintendent have reviewed this subdivision and they are in favor of the road and drainage plans as amended. On a motion made by Mr. Edwards , seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board refer the final road and drainage plans for the subdivision of Harbor View to thie Town Engineer for a bond estimate. Plans dated as last amended April 26 , 1986. 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 refer the subdivision of Harbor View to the Town Board for a determination on the fee in lieu of land for park_ and playground, pursuant to Section 106-38E of the .Town Code. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Edwards * * * * * * * * * * Planning Board Page 6 5/5/86 Louise 0. Day - The Board reviewed the file for this propsoed set-off located at Indian Neck Lane, Peconic. Article Six from the Suffolk County Department of health Services would not be required since the lots proposed are greater than 5 acres. On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the set-off for Louise 0. Day located at Indian Neck Lane, Peconic to set off 5 . 4 acres from 13 . 7 acres, survey dated as amended July 23 , 1985, subject to: 1. Amending the filed covenants and restrictions to read that at no time hereafter shall there by any further subdivision of or modification to the said two (2) lots approved by the Planning Board of the Town of Southold in perpetuity. Upon receipt of the above amended covenants the Chairman will endorse the surveys to finalize this proposal. 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 declare itself lead agency under the State Environmental Quality Review Act for the subdivisio to be known as "Breezey Shores" located at Sage Blvd. , Greenport for 23 lots on 83 acres. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Edwards * * * * * * * * * * Mr. Garrett Strang was present to discuss the site plan of Sterling Idea Ventures located at Main Road, Mattituck for construction of a professional office/retail complex. The Chairman requested that a landscape plan be submitted for this proposal. Mr. Strang stated that he did not recall this as being one of the items requested in the Board' s initial request for information, however, the Chairman stated that it was requested at a previous meeting. Mr. Strang stated that the landscaped areas are shown on the plan, but there is no specific landscape plan at this time. Mr. Strang also noted that the agenda refers to professional offices only but the developer would like to have the option to mix offices with retail since both area permitted in this B1 zone. Mr. Orlowski stated that the waiver under the moratorium was to allow offices only, however, the moratorium is no longer in place and therefore the Board can consider all the uses permitted under the existing zone. Mr. Strang .stated that his client would probably proceed to rent the units as offices, however, if this does not prove to be - favorable to the client, he would like to exercise his option to have retail stores. Mr. Strang Planning Board Page 7 5/5/86 Sterling Idea Ventures Cont. - Mr. Strang stated that there would not be any uses that are not compatible with the surrounding area or the zone. Mr. Mullen questioned if there were any projected tenants for this project. Mr. Strang stated that. he was not aware of any. Mr. Latham stated that while he would prefer it to become offices, there is nothing to prevent all the units from being retail space. Mr. Strang stated that this is allowing in the zoning. Mr. Latham questioned if the applicant would covenant..that only a certain percentage of the units would be converted to retail space. At this time, Mr. Robert Celic, applicant, approached the Board. Mr. Celic stated that the initial proposal was for offices only but technically: and legally it is zoned for office and retail so he would not be willing to covenant or restrict anything. He stated that the plan is laid out to have three separate buildings, not like a shopping center, and it will tastefully done. Mr. Celic stated that projected cost is $700 , 000 and therefore he did not want to restrict any possibilities. The total square footage of area is 10, 000 square feet. Mr. Bryer questioned the parking calculations and if any consideration was given in computing the parking to the fact that if a building is rented to a Doctor, more parking would be required under the Code. Mr. Bryer stated that with retail or office the parking is calculated on one .space per 100 square feet of floor area, while a Doctor' s Office requires 5 spaces per physican and if a building has 6 Doctors in it - " it will require more parking. Mr. Strang stated that the calculations were based on professional office only and not for physicians. Mr. Strang stated in previous works with Doctors offices, the parking breakdown . actually worked out to 1 space per. 150 square feet of floor area so that the 1 to 100 would address that issue. He felt that the 1 to 100 is a strict formula so there should be sufficient parking. Mr. Bryer requested clarification since if one of the buildings become a medical office with 8 to 10 physicans the Code requires 5 spaces for each physican. Mr. Strang stated that the floor was 1 to 100 based strictly on floor area, and not the actual--.net floor area. Mr. Orlowski questioned if the buildings would be constructed in sections. Mr. Strang stated that the buildings would be phased based on demand. Mr. Orlowski also requested that the plan note that there will be asphalt parking, and roof drainage. Mr. Strang stated that the final submission will show roof drainage once the County has located the pools since tis has to be coordinated. Mr. Lessard noted that any decisions with respect to the moratorium are null and void. since the moratorium is no . longer in effect. On a motion .made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planing Board refer the site lan of "Sterling Idea Ventures" for construction of a professional office/retail complex at Main Road, Mattituck .to the Building Department for certification, (survey dated as amended 4/21/86) subject to the following: Planning Board Page 8 5/5/86 Sterling Idea Ventures cont: 1. Landscape plan 2. Notation of asphalt paving in the parking area. 3. Roof drainage in the parking area shown. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards * * * * * * * * * * The 8: 15 p.m. appointment for 280 North Road, at Greenport, had been cancelled by the applicant' s architect since the surveys were not ready to be submitted. The following new proposals have been 'set for a field inspection: 1. Estate of Charles Simon - 14 lots on 32. 8 acres in the cluster concept at Main and Wells Raod, Peconic. 2. Mattituck Holding Co. - 13 lots on 33 acres at Bayview Road, Mattituck. 3 . Francis and Patricia O'Malley - 20 lots on 50 acres at Laurel Avenue, Southold in the cluster concept. 4 . Daniel Marcucci - 7 lots on 14 acres at North Bayview Road, Southold. The Board requested that consideration be given to the cluster concept for this proposal. 5. Frank Zimmer - 4 lots on 17 acres at Main Road, Orient. * * * * * * * * * * On a motion made by Mr. Edwards, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board accept and request complance with Inspector John W. DAvis ' report No. 496 regarding the drainage problem on the access road within the minor subdivision fo Mohring Enterprises, II at Peconic. The Board requests compliance withItems No. 4 and 8in particular. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Edwards * * * * * * * * * * Mr. Paul Caminiti, esq. was present to discuss the proposed minor subdivision for Salvatore and Jeanne Catapano located at Main Road, South Harbor Road and Main Bayview Road, Southold. Mr. Caminiti requested tht the Board amend condition No. 1 in the conditional resolution of sketch plan approval. This proposal is for 4 lots on 22 acres. Mr. Caminiti stated that the Board had approved the sketch map subject to no further subdivision on any lot in perpetuity. However, he believed that Mr. Planning Board Page 8 5/5/86 Catapano would not want to place any restrictions on the lot containing 14 acres on which the greenhouses were . located. Mr. Caminiti stated that he would agree to a restriction limiting any proposed subdivision on the large lot to no more than 4 lots, and no . further subdivisionon the remaining lots in perpetuity. The Board was in agreement with this proposal. On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board rescind the resolution of conditional sketch map approval for the minor subdivision of Salvatore and Jeanne Catapano dated April 14, 1986. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards On a motion made byMr. Edwards, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve .the sketch map of Salvatore and Jeanne Catapano dated October 15, 1985 for 4 lots on 22 . 925 acres located between Main Road, South Harbor Road and Main Bayview Road, Southold, subject to: 1. Covenants and restrictions stating that there will be no further subdivision of Lots No. 1, 2, and 3, in perpetuity. 2. Covenants and restrictsions stating that Lot No. 4 will not be subdivided into more than four lots, as a minor subdivision. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Edwards On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that whereas a formla application for the approval of a subdivision plat entitled "Lighthouse Associates" located at Southold was submitted tothe Planning Board on June 26, 1985 and filing fee of $550 was paid on July 8, 1985 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on Monday, April 14, 1986 at 7: 30 p.m. , 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 "Lighthouse Associates." for approval of said subdivisio plat prepared by Rod Van Tyl dted as amende January 7, 1986 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following: 1. Covenants and restrictions stating no further subdivision Planning Board Page 9 5/5/86 of any lot in perpetuity, to be filed in the Office of the County Clerk. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Edwards On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the set-off for Josephine Zanieski to set-off 23. 751 acres from 33 . 428 acres at Oregon Road, Mattituck, survey dated as amended May 2, 1986 . Vote of the Board: Ayes: Orlowski, Mullen, Latham, ,Edwards Mr. Henry Raynor was present for an informal appointment to discuss the proposal for Richard Carr to be known as "The Norris Estates" located at New Suffolk 'Avenue and Camp Mineola Road, Mattituck for 95 condominium units. The Chairman explained to the audience that this was not a public hearing and only an informal appointment with the Board, and he would not entertain any comments from the audience at this time. He stated that this was for information only and any concerns should be put in writing to the Board. Mr. Raynor introduced Mr. Jack Hart of Pelletreau and Pelletreau the attorney for the applicant. Mr. Raynor stated that he understood this was an informal appointment to discuss at a preliminary stage the concept of this proposal. Mr Raynor stated that the parcel is 27 acres and is M zoned. Mr. Raynor that the prior submission under the Estate of Bruce Norris proposed 132 units, and the property is now owned by Mr. Carr. Mr. Raynor stated that he wanted to review with the Board the conceptual layout and the road configuration, the area of Camp .Mineola Road, the ingress and egress, the type of and amount of improvement that will need to be done. Mr. Raynor stated that he requested the Board to peruse the maps and consider the orientation of the buildings with regard to the layout and solar access to the buildings. Mr. Raynor sated that they wished the Board to explore the utilites in regard to water system which will be in conformity with the Suffolk County Department of Health Services, as well. as the sewage treatment system which will be terrtiary. All utilities proposed will be underground and we further would like to have any comments which the Board would like to make with regard to the amenities package. .Mr. Raynor stated that the amenity package included a swimming pool, club house anf four tennis courts. Mr. Raynor introduced the people on staff to work on the site plan. The Principal of the project Mr. Carr, Mr. Hart, esq. of Pelletreau and Pelletreau, the architect Sol Niego, Walter Dunn the traffic engineer, Sam McLendon of H2M. Mr. Raynor and Mr. Hart stated that they were aware that the sketch before the Board is preliminary and does not comply with the elements for the site plan as called for in theTown Code.. The stated that at Planning Board Page 10 5/5/86 Norris Estates Cont. - this point they are asking for conceptual ideas and review. Mr. Raynor requested that the Board address this action as a Type I under the .State Environmental Quality Review Act which is significant. The Chairman stated that this is not a .presubmission conference it is only a fact finding mission for the Board. The Board is aware of the scale of the project and it was felt that if the applicant was brought in before the Board the plan could be reviewed prior to pre-submission conference, the Board cold review the conceptual design. The Chairman invited comment on the project as this proceeds and requested that all comments and concerns be addressed in writing. The Chairman stated that the major question which the Board has at this time is with regard to density and the sewer and water, the proposal would be allowed to have two units per acre with water and sewer and and four .units without. The Chairman stated that the Board was a aware that the applicant' s were pursuing a sewer and water system. The Chairman questioned if an application had been made to the Suffolk County Department of Health Services. Mr. Hart stated that there was no application made to date and H2M is working on a water and sewer study. Preliminary reports have been made and every thing has to have the approval of the Health Department and all various agencies prior to going forward with it. Mr. Orlowski stated that the Board questions the density being proposed, because if sewer and water are not provided then the sketch layout of 95 units is not valid. Mr. Raynor stated that if they cannot meet the standards of the Health Department, they will certainly reassess the project. Mr. Mullen questioned the area of the property of the area. He noted on the survey that the area is .27. 01 acres or 1, 176, 555 square feet. He stated that his calculations indicated 1, 080 , 000 square feet. Mr. Mullen also stated that he would appreciate if the applicant' s would advise the approximate size of the unit. Mr. Carr stated that. the basic unit will be three bedroom approximately 1800 - 2000 square feet with 250 of the units two bedroom approximately 1600 square feet. Mr. Carr stated that this is subject to further revision because the marketing is not completed. Mr. Mullen questioned i if the units have garages and Mr. Carr replied that they did have the garages, with off street parking and guest parking will also be off street. Mr. Mullen also questioned if the necessary fire protection will be installed. Mr. Carr stated that he would and Mr. Raynor stated that he anticipated that they will be installing fire protection to the specifications of the Town and the Mattituck Fire District. Mr. Latham questioned if excess water would be utilized in other areas of the community. Mr. Hart stated that this is under consideration. Mr. Bryer stated that Camp Mineola Road will have to be brought up to Town specs. He also stated that more than likely the 50 ' right-of- way on the east side will also have to be brought up to Town specs. Mr. Bryer also stated that he has some questions on the lagoon areas which he will bring up at a later date when more information is submitted. Mr. Mullen questions if the units will be developed in sections. Mr. Carr stated Planning Board Page 11 5/5/86 Norris cont. that it will be phased in so far as natural progression for construction proficeincy. But it is not the intention to go to phase one, phase two, etc. Mr. Mullen questioned if the lagoons will be man made. Mr. Carr stated that they will be man made. There were several questions from the audience and the Chairman stressed that this is not a public hearing and the Board would not be taking any action on this proposal until the question of sewer and water are answered. The Chairman also advised that there might be one or two additional information meetings prior to .a presubmission conference. Mr. Orlowski also stated that there will be additional hearings on the impact statement and a final hearing on the entire project. The chairman requested that all questions and concerns be addressed in writing. Mr. Bryer questioned if the buildings will be one story or two story since that will determine the separation between buildings. Mr. Carr stated that the 3 bedroom units will be two story with 250 of them will be two bedroom with one story. Mr. Bryer also questioned a 28 ' wide paved surface. Mr. Carr stated that it will be a 28 ' wide paved surface and not a right - of - way.. Mr. Carr stated that they are not contemplating the right-of-way as the main ingress and egress that will be a secondary entrance only. Mr. Mullen stated that rather than spinning wheels the Board would prefer to see the sewer and water. Mr. Orlowski questioned if water would be provided to other areas and Mr. Hart stated that this is under consideration and at a meeting held with the residents of the area, this statement was made. Mr. Orlowski questioned the intent for parcel two, the -remaining parcel. Mr. Raynor stated that it is zoned A-Residential and is not part of the application. Mr. Hart stated that this may be left as open space in order to provide buffering both for the neighbors and if a use is found to benefit the neighbors, that will be considered. On a motion made by Mr. Edwards, seconded by Mr. Mullen it was RESOLVED THAT THE Southold Town Planning Board call a five minute recess. (8: 55 p.m. ) Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board reconvene the regular meeting. (9 : 00 p.m. ) Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards * * * * * * * * * * Planning Board Page 12 5/5/86 Marina Bay Club - Mr. Henry E. Raynor,agent, was present for- a pre submission conference to discuss the site plan for Marina Bay Club located at New Suffolk for a marina with retail store, restaurant, post office, boat storage and docking facilities. Also present were Mr. J. Hart, esq. , Mr. Richard Carr, principal Mr. SolNiego, architect, Mr. Walter Dunn, traffic engineer, and Mr. Cameron, marine engineer. Mr.Raynor stated that he feels that the plan was conforming under the Sections in the zoning code for the site plan elements. Mr. Raynor stated that since the last meeting before the Board the plan has been amended based on the suggestions of the Civic Association and Planning Board. The test hole information was placed on the survey and the boat slips have been amended to provide for more permanent docking 50 permanent and 34 transient docking slips, to reflect the need for more docking on a permanent basis. Mr. Raynor stated that the history of the grant line was forwarded to the Plannig Board and have turned up a second grant granted on this property by the Town of Southold Trustees which has additional running footage in 1898. Mr. Raynor also stated that affixed to the site plan was a plan with regard to the amount of dredging and the type and quantity of fill that would come from that location. Mr. Raynor stated that the amount of retail capacity has also been reduced on the site by about 40% . Mr. Raynor explained that a swimming pool had been proposed however at the request of the Civic Association, this had been deleted. There were some fears that there would be a problem with noise and a nusiance. Mr. Raynor stated that also at the request of the civic association a covenant against the docks being used for a second home. Mr. Raynor explained that they do not want to create a residence or a hotel, however, they want to create a shipyard, a marina and a restaurant complex which will be a credit to the Town. Mr. Mullen stated that the number of permanent slips have been increased and he felt that he would like to see more since there is a severe problem with finding boat dockage for residents. Mr. Carr stated that the docking was based on the availability of parking, and the studies have not yet been completed. They are providing one car per slip and he did not feel ,that there could be any more permanent slips, however, this would be reviewed. Mr. Mullen also expressed concern about people using this docking as a boatel by spending a week or two on their boats. Mr. Hart stated that he spoke to Mr. Fenton who is a local resident and has assured him that they don' t want that to happen either and they will work to gether to draft a covenant to satisfy that. Mr. Carr stated that he had agreed to that restriction and will agree to whatever the attorney' s will draw up, to prohibit it from being a residence. Mr. Edwards questioned if the fire district had been contacted regarding the location of a fire well. Mr. Raynorstated that they had not been contacted but will be contacted shortly. Mr Bryer questioned the dredge spoil analysis and whether or nor that had been done. Mr. Raynor stated that it has been done and was indicated on the Land Use Print. Mr. Bryer requested a copy of that analysis. Mr. Orlowski questioned the fixed structure without deck which was noted on the site plan. Mr. Carr stated that it is being costructed so that it can be deck and a portion of it will be deck, it is a matter of expenses. Mr. Raynor stated that out of 460 ' ± there has been 150 ' of that decked over to allow for people to go out fishing. Planning Baord Page 13 5/5/86 Marina Bay Club - Mr. Raynor requested that the Board refer this site plan to the Building Department for certification. Mr. Bryer questioned if the test hole was conduced for heavy metals and oils from boats. Mr. Raynor stated that he was not aware if this was done and Mr Bowman who did the test hold was not present, therefore, he did not have the answer at this time. The Chairman stated that they did not want to refer the site plan to the Building Department until all the information requested had been submitted, and until Mr. Ward, who was not present, had a chance to review the plan, as well as the SEQRA completed. On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board declare themselves lead agency under the Stte Environmental Quality Review Act for the site plan of "Marina Bay Club" located at New Suffolk for a marina with retail stores, restaurant, post office, boat storage and docking facilities. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards * * * * * * * * * * MacKenzie, Ram Realty, and Peluso - The Board reviewed this proposal to resubdivide 9 acres into 4 lots located at Platt Road, Orient. It was the consensus of the Board to request that the subdivision be amended to include a 50 ' right-of-way rather than flag lots as proposed. 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 Matilda Haberman located at Alois Lane, Mattituck for Matilda Haberman to convey . 6239 acres to Robert and Renee Lauriguet. Said . 6239 acres to merge with property of Robert and Renee Lauriguet and not to be considered a separate building lot. Survey dated as amended March 24, 1986. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards * * * * * * * * * * On a motion made by Mr. Latham, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board refer the following comments to the Southold Town Board of Appeals with regard to the application of John Panos Sgouros located at East Marion: 1. The lots proposed are less than 80, 000 square feet and the Planning Board cannot endorse lots that are less than the zoning. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards Planning Board Page 14 5/5/86 On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board refer the following comments to the Southold Town Board of Appeals with regard to the application of Donald Grim located at Cutchogue: 1. The Planning Board has no objections to this proposal for construction of a storage garage and stockpiling located at Oregon Road, Cutchogue. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards * * * * * * * * * * L & R Vineyards - The Board reviewed this proposal for 4 lots on 117 acres located at County Route 48, Mattituck. Mr. Raynor, agent for the applicant was present. He explained that 82 acres will be purchased by the Suffolk County Farmland Preservation Committee. Also, the land on the east side of Elijah' s Lane will be a second section, a major subdivision of 12 lots in the cluster concept. The Chairman, who also sits on the County Farmland Committee, questioned the right-of-way to Lot No. 3 which crosses land which the County may be acquiring development rights on. The Chairman suggested that Mr. Raynor contact the County Commissioner of Real Esttate, Mr. Sgroi. The Chairman noted that the county will not purchase development rights over any land which contains an easement or right-of-way. It was suggested that if the County has a problem with the right-of-way, a flaglot may have to be created. Mr. Raynor will research this and advise the Board and the County' s position. RIAL Realty - The Board reviewed this proposal for 4 lots on47 acres located at Oregon Road, Mattituck. Mr. Emilita had suggestions regarding softening the curve. The Chairman noted that this proposal has insufficient lot width and when an application is made to the Board of Appeals the Board will refer comments. Mr.Lessard had spoken to the agent regarding this and it was noted that the sharp curve will be softened up. The Board also commented that they would like to see 50 ' left for futrue dedication as a Town road, but would be contacting the Town Board regarding their feelings ontithis matter. On a motion made by Mr. Mullen, seconded by Mr.Latham, it was RESOLVED that the Southold Town Planning Board refer the following recommendation and comments to the Southold Town Zoning Board of Appeals with regard to the subdivision proposal for North Road Associates located at Orient: Planning Board Page 15 5/5/86 North Road Assoc. cont. - 1. The Planning Board recommends that this proposal be clustered in accordance with Section 100-136 of the Town Code. A cluster proposal will alleviate the need for a variance. Enclosed, for your review is a copyof the opinion from the Town Attorney with regard to the cluster proposal. 2. It was brought to the Board' s attention, by Victor Lessard, this parcel sold to North Road Associates from Droskoski seems to have been merged to other contiguous property owned by Droskoski. This should be clarified in order to proceed with the proposed minor subdivision of North Road Associates. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards * * * * * * * * * * Home Farm Estates - The Board reviewed this proposal following a field inspection. This proposal is for 27 lots on 63 . 9 acres is located at Main Road, Southold. It was the consensus of the Board to recommend that the cluster with open space at the north and south ends of the property. Also, since subdivisionwith more than twenty lots need two access roads, the Board recommends that the subdivision be redesigned with a loop road and lots offof it. Mr. Steve Fuchs, president of the holding corporation, was present. He explained that two tap streets were provided in antincipation of future subdivision to the surrounding area. The Board noted this, however, requested that the loop road be provided to provide two access roads at this time. * * * * * * * * * * * * * On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning .Board approve the sketch map of the subdivision proposal to be known as "Rego Estates" located at Southold, for 19 lots on 44 acres in the cluster concept, survey dated as revised March 27, 1986, subject to: 1. Approval from the Southold Town Board of the cluster concept. 2. Review and recommendations from the Highway Superintendent with regard to road layout and drainage areas. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Edwards John and Catherine Simicich - The Board read the access road report from Inspector John W. Davis, No. 497 with regard to the improvements made to the access road within this subdivison. Planning Board Page 16 5/5/.86 John and Catherine Simicich, cont. - The Board discussed if building permits should be issued prior to having the road improved to a point that is. totally acceptable. The Board decided that they would not recommend that Building .Permits be issued until the road is to the point of final acceptance by the inspector John W. Davis. On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis; report No. 497 with regard to the work on the access road within the minor subdivision of John and Catherine Simicich located at Mattituck and recommend that no building permits be issued for lots within this subdivisin until final accepatnce of the road by Mr. John W. Davis. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards * * * * * * * * * * On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board recommend to the Town Board that a Local Law be created in relation to establishing fines for constructing access road without prior notification to the Town. The Board recommends that the Town be notified in writing at least five working days prior to commencement of work on access roads so that or Inspector can schedule inspections. 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 minor subdivision of "Russett acres" for Mary and Henry E. Raynor,Jr. is for four lot son 13 acres located at Sound Avenue, Mattituck Tax map. No. 1000-121-5-1. Planning Board Page 17 5./5/86 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. The Suffolk County Department of Health Services has no objection to our designation of lead agency. They have received an application and it is incomplete. It appears that the project can be served by Subsurface sewage disposal and individual water supply systems (pending a test well analysis) . The proposed realty development appears to conform to Article 6 lot size requirements. The department is awaiting test will analysis prior to further processing. If test well analysis indicate naturally potable water, the department would agree with our initial determination. Because there has been no correspondence from the Department of Environmental Conservation in the alotted time, it is assumed that there are no comments nor objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regluations. Further information may be obtained by contacting Diane M. Schultze, Secretary, Southold Town Planning Board, Town Hall, Main Road, Southold, NY 1.1971 Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards Seawood Acres - The Board reviewed this proposal for 13 lots on 29 acres at North Bayview Road, Southold following a field inspection. It was the consensus of the Board to request that consideration be given to clustering this subdivisionat the South end of the property. * * * * * * * * * * * Gordon Schlaefer - The Board reviewed this site plan for an addition on an existing building to be used for a retail store located at County Route 48, Southold. Mr. Garrett Strang, architect, was present . Mr. Strang stated that in accordance with the Board' s request the site plan has been revised to indicate the area which is retail versus the area which is storage. Also, a curb cut permit is pending withthe County Department of Public Works. The Chairman noted that the plan did not show the typical asphalt section for the parking area. Mr. Strang stated that in trying to keep the building in the historic characher they had hoped that they would not have to provide asphalt parking. Planning Board Page 18 5/5/86 Gordon Schlafer, cont. : The Chairman stated the Board has had problems with dustless surfaces in the past since they don' t always stay dustless. The Board felt that in parking areas with much vehicular traffic asphalt was better. Mr. Edwards suggested that some areas have blacktop with stone blend on top and it holds up well and doesn' t have the appearance of asphalt. The Chairman requested that Mr. Strang submit a proposal to the board regarding the type of pavement in the parking area for the Board to review. The Board also requested a landscape plan to be submitted. On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board refer the site plan for Gordon Schlaefer for an addition on an existing retail store, located at County Route 48, Southold, to the Building Department for certification. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards * * * * * * * * * * On a motion made by Mr. Latham, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board refer the following comment to the Southold Town Zoning Board. of Appeals with regard to the applicatin of Mr. and Mrs. Joseph G. Pacelli located at Southold: 1. The Planning Board cannot endorse these lots as they are substantially below the required 80 , 000 square foot minimum lot area. 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 is in favor of the proposed Local Law entitled, "A Local Law in relation to Accessory Apartment in Existing Dwellings" which would amend Local Law No. 1, 1986 in include approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems. 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 is in favor of the proposed Local Law entitld, "A Local Law in relation Planning Board Page 19 5/5/86 to fees for the demolition or relocation of buildings" which would amend Section 100-141 J (g) of the Code of the Town of Southold. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "Ruth and Guy Sobering" located at Mattituck was submitted to the Planning Board on November 19 , 1984 and filing fee of $50 was paid on January 15, 1985 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town hall, Southold, New York, on April 14, 1985 at 7 : 45 p.m. , 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 "Ruth and Guy Sobering" for approval of said subdivision plat prepared by Howard Young dated as amended January 14, 1985 be approved and the Chairman be authorized to endorse approval on said subdivison plat. 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 approve the site plan for Jerry Shulman for conversion of the westerly portion of an existing building at North Road, Mattituck to an insulating contractor' s use with storage and office. The remainder of the building will continue with the present use. Survey dated as amended April 17, 1986. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Edwards On a motion made by Mr. Edwards, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the amended sketch map for the subdivision of Philip and Shar n Ofrias to be known as "Arshamomague Island" for three lots on 18 $ acres located at Southold, survey dated as amended April 15, 1986, subject to: 1. Covenants and restrictions as to no further subdivision of any lot in perpetuity. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards 4. t t * t t t t a R Planning Board Page 20 5/5/86 On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board refer the following comment to the Board of Appeals with regard to the proposal for John and Margaret Kerbs located at Middle Road, Southold: 1. The Planning Board cannot endorse this proposal since three of the lots are less than the minimum zoning of 80, 000 square feet. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards Mr. Kerbs was present and questioned the meaning of the Boards action. The Chairman explained that legally, the Planning Board cannot consider anything less than 80, 000 square feet unless a variance from the Board of Appeals has been received. * * * * * * * * * * * Being no further business to come before the Board, on a motion made by Mr. Mullen, seconded by Mr. Latham, and carried, the meeting was adjourned at 10 : 10 p.m. Respectfully submitted, � -E� Dine M. Schultze, Secretary Southold Town Planning Board ennett Orl wski, Jr. , C a' man kZC;EIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE /D����� HOUR l9.364-A T n Clerk, Town of Southold