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Southold, N.Y. 11971
(516) 765-1938
PLANNING BOARD MINUTES
The Southold Town Planning Board held a regular meeting
on Monday, June 23 , 1986 at the Southold Town Hall, Main
Road, Southold, NY 11971 at 7: 30 p.m.
Present were:
Chairman Bennett Orlowski, Jr.
Member William F. Mullen, Jr.
Member Richard Ward
Executive Administrator Victor Lessard
Town Planner David Emilita
Planner James Bryer
Planning Intern Melissa Spiro
Planning Board Secretary Diane M. Schultze
Absent:
Member Kenneth Edwards - due to inclement weather
7: 30 p.m. Public hearing on the question of approval of
the minor subdivision of Arshamomaque Island for Philip and
Sharyn Ofrias located off a right-of-way from Laurel Avenue,
Southold, 3 lots on 184' acres.
Mr. Orlowski: I will call this hearing to order. We have
proof of publication ,in the file from the Suffolk Times,
signed by Joan Gustayson and notorized by Mary Deegnan; we
also have proof. of publication in the Long Island Traveler
Watchman signed by Pat Wood and notorized by Barbara Forbes.
I will dispense with the reading of the metes and bounds
if there is a problem with that, please let me know (none) .
At this time, everything is in order. This has been around
for quite a while and I will ask if there are any objections
to this minor subdivison. Hearing none. Are there any endorsements
of this minor subdivision? Hearing none. Is there anyone
out there neither pro nor con but with some information that
pertains to this subdivision that the Board should know about?
Hearing none. Any questions from the Board, Mr. Mullen,
none.; Mr. Ward?
Mr. Ward:. What was the right-of-way? Was that. . . .
Mr. Orlowski: We had that with original application.
Planning Board Page 2 June 23, 1986
Mr. Ward: No further questions.
Mr. Orlowski: Being as we are short some members tonight,
Mr. Emilita, any questions? (none) Being as there are no
further questions, I will declare this closed.
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planing Board set Monday,
July 14, 1986 at 7: 30 p.m. in the Southold Town Hall as the
time and place for the next regular Planning Board meeting.
Vote of the Board: Ayes: Orlowski, Mullen, Ward
* * * * * * * * * *
On a motion made by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board set Monday,
July 14, 1986 at 7 : 30 p.m. at the Southold Town Hall as the
time and place for a public hearing on the question of approval
of the preliminary maps for the major subdivision of Frieda
Crowley located at Southold.
Vote of the Board: Ayes: Orlowski, Mullen, Ward
* * * * * * * * * *
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOVLED that the Southold Town Planning Board set Monday,
July 14, 1986 at 7:.45 p.m. at the Southold Town Hall as the
time and place for a public hearing on the question of approval
of the prelimlinary maps for the ma.ojor subdivision of Deborah
Edson, located at Cutchogue.
Vote of the Board: Ayes: Orlowski, Mullen, Ward
On a motion made by Mr. Ward, seconded byMr. Mullen, it was
RESOLVED that the Southold Town Planning Board set Monday,
July 14, 1986 at 8: 00 p.m. at the Southold Town Hall, as the
time and place for a public hearing on the question of approval
of the minor subdivision of Edward Dart , located at Southold.
Vote of the Board: Ayes: Orlowski, Mullen, Ward
* * * * * * * * * *
On a motion made by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board accept the bond
estimate from the town Engineer, Lawrence Tuthill, for the
Planning Board Page 3 June 23., 1986
major subdivision of Harbor View in the amount of $1, 150, 000
and refer same to the Town Board.
Vote of the Board: Ayes: Orlowski, Mullen, Ward
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board, following a
public hearing, approve the amended survey for the approved
minor subdivision of Frank Stillo located at Orient to delete
the proposed strip "Reserved for Possible Highway Dedication"
which is shown on the survey endorsed by John Wickham dated
as amended November 3 , 1972. New survey with the eliminated strip
dated July 9, 1985 - lots 1 through 5 only. ( Map of property
surveyed for Bennettt Brokaw) .
Vote of the- Board: Ayes: Orlowski, Mullen, Ward
On a motion made by Mr. Ward, seconded byMr. Mullen, it was
RESOLVED that hwereas a formal application for the approval
of a subdivision plat entitled "Sunbow Associates" located
at Mattituck (tax map no. 1000-122-6-29) was submitted to the
Planning Board on September 4, 1985 and, filing fee was paid
on September 4, 1985, and
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Southold, New York, on Monday,
June 9, 1986 at 8 : 00 p.m. , and
WHEREAS, the requirements of the Subdivision Regulations of
the Town of Southold have been met by said subdivision plat
and aplication,
NOW, therefore, be it RESOLVED that the application of "Sunbow
Associates" for approval of said subdivision plat prepared
by Rod Van Tuyl dated as amended February 21, 1986 be approved
and the Chairman be authorized to endorse a2proval on said
subdivision plat, subject to the following conditions which
must be completed within 6 months from the date of this resolution:
1. No lot shall be subdivided or its lot lines changed
in any manner at any future dated unless authorized by the
Town of Southold Planning Board.
2. Due to the minimum lot area requirement of the zoning ,
classification of this . property being considerably less than
the area of Lots 1 and 2, each lot shall be made subject to
a covenant that will prohibit future subdivision.
Planning Board Page 4 June 23, 1986
3. All driveways on Main Road shall make an angle of at
least 701 and preferably 900 with the county road.
4. Each lot having frontage on Main Road shall have a
turnaround provision, such as a T-shaped shunt, so that a vehicle
leaving a lot will not have to back out into the traffic stream
on the road.
5. All stormwater runoff resulting in the development
and improvement of this subdivision or any of its lots shall
be retined on the site by adequate drainage structures so that
it will not flow out onto the right-of-way of Main Road or
the adjacent State-owned land.
t.
6. In order to minimize the number of access points on
Main Raod and to insure that there will not be any conflicts
between points of access that are created, consideration shall
be ginve to creating a plan indicating the placement of access
for lots 1 to 4, inclusive, and the parking areas on.these lots.
Consideration shall also be given to establishing, through
the creation of easements, common use of acces spoints and
parking by these lots; that is, allowing a vehicle to pass
from a parking are on one lot to .another parking area on a
lot without the vehicle having-.to reenter the road.
7. Conditions l-6, inclusive, shall be filed as covenatns
and restrictions in the office of the County Clerk on or prior
to the granting of approval to this subdivison.
8 . The final maps shall bear the following note: A Declaration
of Covenants and restrictions has been filed in the Suffolk
County Clerk' s Office which affects lots in this subdivision.
Vote of the Board: Ayes: Orlowski, Mullen, Ward
* * * * * * * * * *
7: 45 p.m. Public hearing on the question of approval of the
minor subdivision of Alice Bergen located at Mill Road, Mattituck,
41ots_ onll acres.
Mr. Orlowski: We have proof of publication in. the Long Island
Traveler Watchman signed by Pat Woods and notorized by Barbara
Forbes; we have proof of publication in the Suffolk Times, signed
by Joan Gustayson and notorized by Mary Deegnan. I will dispense
with the reading of the metes and bounds, if someone has a problem
with that, please let me know. (none) At this time, everything
is in order,and I will ask if there are any objections to this
subdivision? Hearing none. Are there .any endorsements to this
subdivision? Hearing none. Is there anyone neither pro nor
con but with information pertaining to this subdivision that
may be of interest to this Board. Hearing none. Any questions
from the Board? Mr. Mullen, none; Mr. Ward?
Mr. Ward: Are they filing ,C and R' s?
Planning Board Page 5 June 23,1986
Mr. Orlowski: For no further subdivision?
Mr. Ward: They would be undersized lots anyway.
Mr. Orlowski: Mr. Emilita, do you have any questions? (none)
Being no further questions, I will declared this hearing closed
and thank you-. for coming down. Whoever came down.
Briscoe Smith - The Board reviewed this proposal for 4 lots
on 10 acres located at Equestrian Avenue, Fishers Island. It
was the consensus of the Board to conduct a field inspection
of the premises prior to any further action or review.
On a .motion made by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board declare themselves
lead agency under the State Environmental Quality Review Act
for the minor subdivision of Briscoe Smith located at Fishers
Island. An initial determination of non-significance has been
made.
Vote of the Board: Ayes : Orlowski, Mullen, Ward
Sandrs and Schwartz - The Board reviewed this set-off for
36, 000 square feet form 1. 45 acres located at Bayview Avenue,
Mattituck. It was the consensus of the Board to conduct a field
inspectionof the premises prior to any recommendation to the
Board of Appeals. This proposal is before the .Board of Appeals
for an insufficient area .variance.
Michael Zuhoski - The Board reviewed this proposal for 4 lots
on 8 acres in the cluster concept off a right-of-way from
Oregon Road, Cutchogue. The Chairman abstained from any discussion
with regard to this proposal since he is a relative of the applicant.
Mr. Mullen and Mr. Ward noted that a field inspection of the
premises had been conducted and the applicant had revised the
plan inaccordance with the recommendation of the Board. Mr.
Henry E. Raynor, Jr. was present as agent for Mr. Zuhoski.
With the Chairman abstaining, there were not enough members
present for a quorom. This proposal will be held over for the
next regular Planning Board meeting.
* * * * * * * * ** *
Point Developers - The Board reviewed this proposal for 13 lots
on 30 acres located at Soundview Avenue, Mattituck. It was
the consensus of the Board to conduct a field inspection of
the premises prior to any action or review.
Planning Board Page6 - June 23, 1986
On a motion. made by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning' Board declare themselves
lead agency under the State Environmental Quality Review Act
.for the major subdivision of Point Developers. located at Mattituck.
An -inital determination of non significance has been made.
, .Vote of the Board: Ayes: Orlowksi, Mullen, Ward
On a motion made by Mr. Mullen, seconded by Mr. Ward, 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 Winds Way Building Corp. is located
at Linden Avenue, Cutchogue for 4 lot son 13+ acres. Tax
map no. 1000-116-1-8.
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. The
proposed action appears to conform to the minimum lot
size requirements of Article 6. However, the depth of
the well must be at: least 40 ft. into the ground water
table. Your submitted well information indicating the
depth of well into the water table is only 23. 5 feet.
Because there has been no correspondence from the Department
of Envornmental 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 Regulations.
Further information can be obtained by contacting Diane M.
Schultze, Secretary Southold Town Planning Board, Main Road,
Planning Board Page 7 June 23 , . 1986
Southold, New York, 11971.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
On a motion made by Mr.Ward, 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 "Kay Dee Estates" for Patricia
Bailey is located at Leslie Road, Cutchogue for 3 lots .on
5 . 959 acres. Tax map no. 1000-97-4-17.
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 status. They
have not received an application. The Department of Health
Services does require an application concerning the proposed
action. Also, test wells will be required to determine
whether or not there is natrually occuring potable water.
Because there has been of 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 Regulations.
Further information can be obtained by contacting Diane M.
Schultze, Secretary Southold Town Planning Board, Main Road,
Southold, New York, 11971.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
Planning Board Page 8 June 23, 1986
On a motion made by Mr. Ward, 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 Salvatore Catapano is for 4
lots on 22. 925 acres located at Main Road, Main Bayview Road,
and South Harbor Road, Southold. Tax map no. 1000-69-6-9. 2.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which indicated
that no significant adverse effects to the environment
were likely to occur should the project be implemented
as planned.
There has been no response from the Suffolk County Department
of Health Services in the alotted time, therfore, it is
assummed that there are no commentes or objections from
that agency.
Because there has been no correspondence from the Department
of Environmemtal Conservation in the alotted time, it
is aassumed. that there are no comments from that agency.
The project will meet all the requirements of the Code
of the Town of Southold Subdivision of Land Regulations.
Further information can be obtained by contacting Diane M.
Schultze, Secretary Southold Town Planning Board, Main Road,
Southold, New York, 11971.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
On a motion made by Mr. Orlowski, seconded by Mr. Ward, it
was:
RESOLVED that the Southold Town Planning Board refer the following
comments to the Zoning Board of Ap=Palg jith regard to the
proposal for George P. Schade to set off 26, 492 square feet
from 52, 984 square feet located at Cedar Lane, Southold:
Planning Board Page .9 June 23, 19.86
1. The Board notes that the proposed lots would be greater
or of approximtely the same size as surrounding lots
in the are.
2. The Porposed Zoning Map proposes this are to be R-40
which is one-acre residential.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
On a motion made by Mr. Orlowski, seconded by Mr. Mullen,
it was :
RESOLVED that the Southold Town Planning Board refer the following
comments to the Zoning Board of Appeals with regard to the. -,_.
proposal for Thomas Shalvey at Cutchogue, to set- off 15, 000
square feet from 33 , 750 square feet;
1. It' appears that the lots have become merged, however,
the Board can- not endorse lots less than 80, 000 square feet.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
On a. .motion made by Mr. Ward, seconded by Mr. Mullen, it.
was:
RESOLVED that the Southold Town Planning Board refer the following
comments to the Zoning Board of Appeals with regard to the
application of Steve Kalaijian located at Mattituck to set
. off 62, 070 square feet from 3. 9486 acres:
1. The Planning Board can not endorse the insufficient
area of Lot No. 2 and notes that although the proposed Lot
No. 1 is 109, 932..92 square feet, must of the land is beach
or underwater and would not be buildable.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
8 : 00 p.m. Public hearing on the question of approval of the
minor subdivision of Creative Ventures located at Main Road,
Cutchogue, 3 lots on 8 acres.
Mr. Orlowski: We have proof of publication in the Suffolk
Times, signed by Joan Gustayson and notorized by Mary Deegnan;
we have proof of publication in the Long Island Traveler Watchman
signed by Pat Woods and notorized by Barbara Forbes. I will
dispense with the reading of the metes and bounds. If there
are any problems with that, please let me know (none) . AT
this time everything in the file is in order. Now, I will
ask if there any objections to this minor subdivision? Hearing
none. Are there any endorsements to this minor subdivison?
Planning Board Page 10 June 23 , 1986
Mr. Orlowski: Hearing none is there anyone out there neither
pro nor con but with information pertaining to this subdivision
that may be of interest to this Board? Easy night for a public
hearing. Any questions from the Board, Mr. Mullen, none.
Yes, (motioning to gentlemen in the audience)
Mr. Wyche: I would like to request more information as to
the right-of-way number one, for that property and subdivision.
Second, I would like to have more information as to the exact
boundary of that property.
Mr. Orlowski: Well, the map is on file in the office and
you can review it at any time, and make copies of it. Stop
in and see Diane she' ll make you a copy of it. You can review it
in the office.
Mr. Wyche: In terms of the right-of-way, can I get a more
exact description of it, or it that not possible.
Mr. Orlowski: It is right on the map. It is 25 ' on the westerly
side of the property. Okay. Any other questions, Mr. Mullen,
(none) . Yes, (to a woman in the audience)
Mrs. Ellen Richmond: On a minor subdivision like that, where
does the road go from the Main Raod.
Mr. Orlowski: This one borders on the easterly side of the
property, a right-of-way. It will not be a Town road, only
a right-of-way. And, it will going be over lot No. 1 serving
two lots .in . the rear. And, as I told the other gentleman,
the map is in the office for any body' s perusal. May I have
your names please for the secretary.
Mr. Wyche: James, the last name is spelled W-Y-C-H-E.
Mrs. Richmond: Ellen Richmond.
MR. Orlowski: Any other questions, (none). questions from
the Board, Mr. Mullen, none; Mr. Ward, none; Mr. Emilita,
none. Okay, I will declare this hearing closed and thank
you for coming down.
Cross Sound Ferry - The Board reviewed this site plan for
the ferry terminal at Main Road, Orient. Mr. Latham had made
an inspection of the site and everything is in order. MR.
Ward abstained from any discussion since his firm dial work
on the project. With Mr. Ward' s abstaintion there was not
a quorom for a vote, therefore, this proposal will be held
over for action on the next regular meeting.
Planning Board Page 11 June 23, 1986
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board recommend to
the Building Department that a certificate of occupancy be
issued tor the site plan o Ammirati s Cupboard" coated
at Love Lane, Mattituc . A field inspection ot the site has
been made.
Vote of the Board: Ayes : Orlowksi, Mullen, Ward
Mr. Lessard noted that. there will be dwelling on the site.
Founders .Village - Mr. Latham made an inspection of the condominium
units 15 , 16, and 17 and reported to the Board that everything
was in order. Mr. Latham stated that the plantings were not
done, however, anticipated that all remaining work would be
finished shortely. Mr. Gary Kostrewski, Project Director,
stated to the Board that all the plantings were done with
the exception of 9 trees. .
On a motion made Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board having inspected
the site, recommend to the Building Department that a certificate
of occupancy be issued for Buildings No. 15, 16 , and 17 at
Founders Village Condominiums located at Young' s Avenue,
Southold subject to:
1. Completing the paving
2. Completing the landscaping
Vote of the Board: Ayes : Orlowksi, Mullen, Ward
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board grant a 90-day
extension for the completion of the conditions on the conditional
approval of the minor subdivision of Cranberry Acres located
at Southold. This is the first extension.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
Stanley and Helen Simichick - The Board reviewed this proposal
for 4 lots on 20 acres at Alvah' s Lane and County Route 48,
Cutchogue. It was noted that the Chairman will abstain from
any discussion with regard to this proposal since he is related
to the applicants (cousins) . Mr. Ward proposed that the property
would have a better division if the lots were clustered away
from the road. It was the consensus that Mr. and Mrs. Simichick
Planning Board Page 12 June 23, 1986
be called in to discuss this with the. Board.
Russett Acres - Mr. Henry E. Raynor, Jr. , applicant, was present
for the Board' s review of this subdivision for 4 lots on 13. 185
acres at Mattituck. The Chairman noted that all of the Board' s
requests have been met. He stated that there could be a problem,
however, as far as lot lines, where they are and where they
exist. At this point in time, until it can be proven, we
have to look at what is on the map. The Board can not establish
or clarify existing lot lines. Mr. Orlowski stated that there
appears to be a lot line in the wrong place and how it will
affect this proposal in now known at this time. Mr. Orlowski
stated that there was a discrepancy in two surveyors who
surveyed adjoining property. Apparantly the difference was
anywhere from 15 ' to 130 ' in error.. This error meant that
an existing right -of-way was either entirely within a parcel
or entirely outside a parcel. Since Mr. Raynor' s proposal
was adjacent to these parcels, there may be a problem with
his lot line since any error would be carried down the road,
afecting each piece of property. Mr. Raynor stated that he
had been contacted by one of the lot owners. Mr. Raynor stated
that he had a guaranteed survey and requested that until
this matter is resolved that the Board proceed with his aplication.
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board set Monday,
July 14, 1986 at 8: 15 p.m. at the Southold Town Hall, as the
time and place for a public hearing on the question .of approval
. of the minor subdivision of Henry E. and Mary Raynor to be
known as "Russett Acres located at Mattituck. 4 lots-. on
13. 185 acres.
Vote of the. Board: Ayes: Orlowksi, Mullen, Ward
Sam and Eliza Kopper — The Board reviewed this set off for
2 lots on 5 acres located at Indian Neck Lane, Peconic.
This proposal was a resubmission from three lots which did
not receive approval for insufficient lot area - from- the Board
of Appeals. The Board questioned why the layout was proposed
with lot no. 2 being much larger. It was questioned if the
layout could be evened up or if covenants and restrictions
would be filed prohibiting further subdivision on Lot no.
2. This will be referred back to the applicant for his
response to these questions.
On a motion made by Mr. Orlowski, seconded by Mr. Mullen,
it was
Planning Board Page 13 June 23, 1986
RESOLVED that the Southold Town Planning Board approve the
site plan for James and Mary Tyler for construction of a public
garage located at Main Road, Mattituck, survey dated as amended
May 19, 1986 subject to:
1. Receipt of the curb cut permit from the State Department
of Public Works and a one year review.
It was noted that this proposal has received certification
from the Building Department and a special exception from
the Board of Appeals.
Vote of the Board: Ayes: Orlowksi, Mullen, 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 Bedell Winery for conversion of an existing
barn in to a winery located at Main Road, Cutchogue, survey
dated as amended April 9, 1986, tax map no. 1000-85-2-10, subejct
to .
1. Receipt of surveys which habe been stamped and signed
by a licensed engineer or surveyor, etc..
It was noted that this proposal received a special exception
from the Board of Appeals and certification from the Building
Department.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
Peconic Homes - The Board reviewed this proposal for 4 lots
on45. 2acres off Sound Avenue at Laurel. It was noted that
a right-of-way agreement had been received by the applicant.
with the adjoining property, Mr. Daniel Jacoby, and this was
approved bythe Town Attorney. Mr. Howard Young, surveyor
approached the Board to explain some proposed lot .line changes
which appeared on the map.
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board approve the
sketch map of Peconic Homes, Inc. for 4 lots on 45. 2 acres
located at Sound Avenue, Laurel. (tax map no. 1000-121-3-7)
survey dated as last amended January 30 , 1985.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
Planning Board Page 14 June 23 , 1986
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that whereas a formal application for the approval
of a subdivision plat entitled "Emil Conklin `Estate" located
at Greenport was submitted to the Planning Board on January
10 , 1984 and, filing fee was paid on January 10, 1984, and
WHEREAS, a public hearing was held onsaid subdivisin application
and plat at the Town Hall, Southold, New York, on Monday,
May 19 ,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 Daniel
G. Conklin (Norman C. Conklin, agent) for approval of said
subdivision plat prepared by Rod Van-. Tuyl dated as amended
June. 19, 1985 be approved and the Chairman be authorized to
endorse approval on said subdivision plat.
Vote of the Board: Ayes : Orlowksi, Mullen, Ward
Daniel Marcucci - The Board reviewed this proposal for 7 lots
on 14 acres at North Bayview Road and Reydon Drive, Southold.
The applicants -had submitted . a convential layout and the Board
requested a cluster which had also been submitted. The Board
is familiar withthe area. Mr. Young, surveyor was present
for this discussion. Mr. Emilita questioned the two flag
lot on the conventional layout, and the fact that on the conventional
layout there is no drainage shown and no park and playground.
This will affect how the yield is determined on the site.
It does not fufill the requirements of a conventional yield
map. Mr. Orlowski stated that on the conventional layout
the lots are oversized and they would require a right-of-way
rather thanthe flag lots but the park and playground could
be handled in money in lieu of land. reservation. Mr. Emilita
just stated these points for the Board' s consideration. Mr.
Ward questioned some of the areas designated as open space
and Mr. Young stated that they were for buffer areas. Mr.
Bryer stated that upon his review of the cluster computations
he came up with -six lots and since the survey states 14± acre
it is difficult to compute exactly what the yield is . Mr.
Bryer questioned if the yield was figured on the conventional
layout or whether the computations were used.. Mr. Young stated
that 7 lots could be achieved and that is how many lots they
would like to have. Mr. Young stated that since the original
survey he had re-calculated the exact acreage and it totals
13. 898 acres. Mr. Marcucci stated that the three tennis courts
proposed could be used by anyone on Reydon Drive. Mr. Young
stated that at one time this property was part of the overall
property of the Reydon Shores Development.
Planning Board Page 15 June 23 , 1986
Mr. Ward stated that he had no problem with the seven lots
as proposed since they had submitted a yield map.
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board grant sketch
map approval to the major subdivision of Daniel Marcucci located
at North Bayview Road and Reydon Drive, Southold for 7 lots,
on 13. 898 acres in the cluster concept_ , survey dated January
2.1, 1986 , tax map no. 1000-79-5-16.
Vote of the Board: Ayes: Orlowksi, Mullen, Ward
Charles Simmons - The Board reviewed this proposalfor 4 lots
on 57 acres located at Sound Avenue, Laurel. Abigail Wickham,
attorney at law was present for the Board' s review of this
proposal. Mr. Simmons, applicant, was also present. The
Chairman noted that the Board had to decide if they would
accept the proposal with the house and the right-of-way around
it. Mrs. Wickham stated that the difficulty was that a 25 '
right-of-way on.-the west side brings it within 20 ' of the
existing house. Improvement within the right-of-way could
eliminate the shade trees which are also existing.. Mrs. Wickham
stated that appraisals had been conducted and they show a
devaluation to that lot with the right-of-way that close to
the house of anywhere from $20, 000 to $50, 000 because of possible
loss of shade trees and the proximatey of the house tothe
road way. Mrs. Wickham stated that she was aware that the
right-of-way only had to be improved 15 ' to satisy Town Law
280-a however once there is a line on a map anyone could
have right-of-way over that and the whole 25 ' is subject to
improvement. A potential lot owner could insist on widening
it, even thought the Planning Board would not. Mr. Simmons
stated that he did try to buy some property from the neighbor
and he was unsuccessful in doing that. Mrs. Wickham asked
if the Board would consider going around the house with the
right=of-way where there is a farm road existing. Mr. Orlowski
stated that there is also an existing common 16 ' right-of-way
on the map as well. Mrs.' Wickham stated that this serves
the lots on the north end of the Harbes farm. Mr. Orlowski
questioned if Mr. Simmon' s property has a right-of-way over
this. Mrs. Wickham stated that the existing 16 ' right-of-way
is half on Simmons property and half on Harbes property, up
to the pump house, about a third of a mile. At this point
the existing road veres off to the west and is entirely on
the neighbors property. And, at that point, a right-of-way
would have to be on Simmons property too. Mr. Orlowski stated
that covenants and restrictions on the sale of lots 1 and
2 should take care of the right-of-way since the board. is
not in favor of the right-of-way running around the house.
Mrs. Wickahm stated that there would be no problem improving
the road to 15 ' because 8 of it can be on the other side.
Planning Board Page 16 June 23, 1986
Simmons cont -
Mr. Simmons stated that he is selling the development rights
to the Town of rest of the farm and there will never be a
road because there will be no reason to put a road through.
Mr. Simmons stated that he is afraid if the right-of-way is
shown as 25 ' a lot owner would have the right to use the entire
25 ' and this could be a problem with the existing trees and
house. Mr. Simmons also stated that the house in the middle
may loose its marketablity because of this fact. . . Mr. Simmons
felt that the actual traffic would continue on the road which
it is on now even though the right-of-way wold be shown around
the house: Mrs. Wickham questioned why the Board was making
this request if there was no intention to widen the road to
more than 15 ' . Mr. Orlowski stated that this is the Board' s
policy and they would not deviate from it since it would set
a precedent. Mr. Simmons stated that the improvements do
not bother him, however, the line of the 25 ' right-of-way
does because of the close proximatey to the house. Mr. Ward
stated that the right-of-way around the house would be very
dangerous because of the 90' turns, and would be worse to
have a road going around a house. MR. Orlowski stated that
covenants and restrictions may be able to be placed on the
lots at the time of sale which the Board does not become involved
in Mr. Orlowski stated that it the consensus of the Board
that the right-of-way be 25 ' on the westerly side with the
improved part 15 ' straddling that line. Once that is on the
map the Board will run it by Mr. Tasker, and it was felt that
the right-of-way could be restricted to 15 ' improved with
covenants and restrictions. Mr. Orlowski suggested that a
covenants and restriction be drawn up for the Town Attorney' s
review. Mrs. Wickham also stated that a covenant would have
to be drawn for the remaining land which had not sold the
development rights on since that would affect the size of
the right-of-way. The Board would request that it be larger
for more subdivsion. Mr. Simmons stated that he may have
reservations about this since his heirs might want to subdivide
that. Mrs. Wickham stated that the lots on the Sound are
conforming with regard to lot width since a previous submission
did not receive the necessary variance from the Baord of Appeals.
On a motin made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning. Board approve the
site plan for 280 North Road for construction of an office
and retail complex located at Main Street and North Road,
Greenport, survey dated as revised June 17, 1986 , tax map
no. 1000-34-2-1, subject to:
1. Receipt of a curb cut permit from the NYS Department
of Public Works.
Planning Board Page 17 June 23 , 1986
2. Removal of the term "parcel two" from .the residential
land owned by the applicant. The Board does not want
it to be construed that this has been subdivided.
Vote of the. Board: Ayes: Orlowksi, Mullen, Ward
Sundown Farms - Barbara Kujawski was present to discuss this
subdivision and right-of-way with the Board. This subdivision
is located at Sound Avenue, Laurel. Ms. Kujawski stated that
she wanted to explain to the Board the status of the situation
with the right-of-way, property line and adjoining owners.
She stated that she did not think that the Planning Board
should get inbetween two surveyors and try _to figure out who
is right and who is wrong. When the Planning. Board initiall
y approved the Sundown Farms minor subdivision, they relied
on the survey of Donack Associates which showed that the traveled
road was within the boundary of the subdivision. The Board
was then advised that a, survey by Mr. Rod Van Tuyl had been
prepared showing that the traveled road was encroaching on
property of adjoining owners Dantes and Sayre. Ms. Kujawski
stated that the problem is for a title company. However,
at this. point nothing can be resolved since the adjoining
owners had written correspondence to the Board but had not
contacted their title company to get a settlement of the matter.
Ms.Kujawski stated that by the letters to the Board from the
adjoining property oweners the Board has required that no
further impaovements be made to the road until this matter
is resolved. However, Ms . Kujawski stated that there is no
resolution in sight unless the title company is contacted
because the adjoining owners have achieved what they wanted
by the Board' s request to stop work on the road. Ms. Kujawski
stated that if they adjoining owners honestly believe that
their survey is correct and that they own the 15 ' that is
on her survey; then they should contact the title company,
file a claim against her title company and let the title companys
resolve it. Ms. Kujawski stated that there are numerous monuments
there and .no one knows who put them there, and the land goes
back to a King George Land Grant. Mr. Orlowski stated that
he had discussed this matter withthe Town Attorney who advised
that it is not up the Planning Board to decide where the existing
lot lines are. Mr. Orlowski stated thate there are only two
ways to solve this, one would be to all get together to work
it out and the other would be to go to court. Ms. Kujawski
stated that she had tried to work it out. Ms. Kujawski stated
that she did not know how she would get to court because by
the Board not issuing a 280-a they have achieved what they
wanted and there is no need for them to pursue it. Mr. Orlowski
stated that the Board could not grant 280-a when there is
a discrepancy over where the road it. Ms. Kujawski stated
that she has tried to work it out,however, one of .the owners
wants money which Ms. Kujawski can not afford. Mr. Orlowski
stated that with the amount of the discrepancy being 130 '
there is no way that the Board can work that out.
Planning Board Page 18 June 23., 1986
Sundown Farms, cont.
Ms: Kujawski stated that if there is that much of a discrepancy
in the width, that would create a problem for every lot down
the road. Ms.Kujawski stated that a claim would have to be
filed and this has not been done yet. Ms. Kujawski stated
that they had tried to improve the road and where it showed
on her survey as outside the property, it was put back inside
the property lines, within the 25 ' . Ms. Kujawski requested
that the Board grant 280-a and advise the adjoining. owners
that based on the survey which the Board accepted. Mr. Orlowski
stated that the Board can not do this now that they are aware
that there is a problem because the Board can not determine
a lot line. Mr. Orlowski stated that if the improvements
were made to the road as shown on the 25 ' right-of-way within
the metes and bounds of the property as shown on the survey
which the Board accepted, and that is what must be done for
280-a. He stated that once action is started on the road,
this may get the adjoining property owners to come forth and
file a claim.Ms. Kujawski questioned if she approved the road
as shown on her1984 survey which the Board approved would
. she get _280-a.. Mr. Orlowski stated that Board acted on this
map becuase it was guaranteed by a surveyor that it was
on her property. Mr. Orlowski stated that the Board is taking
the surveyors word and if it is in error she should go back
to the surveyors. Ms. Kujawski requested a. letter explaining
this . Mr. Lessard stated that she puts in the road that was
on the survey submitted to the Board if she is doing something
wrong then the people next door will sue her civilally not
with the Town. If they don' t stop her then the Town could
give her the 280-a and nothing is needed in writing. Ms. Kujawski
stated that they had corrected the traveled road where it
weaves out of the property.
Mr. Lessard brought up discussion with regard to the property
of Mrs. Martha Husing located at Mattituck. Mrs. Husing had
donated land to the Nature Conservancy and now she wanted
to give a 30 ' strip along side of the property for access
to the property from the Main Road. Mrs. Husing would like
the Board' s approval to move the lot line so that she can
donate that strip. She would like to do this, if possible
without getting involved. Mr. Lessard stated that she would
be leaving 14 to 18 acres remaining. Mr. Orlowski stated
that if shy applied for a lotline change,the Board would consider
it, because the Board would want to look at a map. Mr. Lessard
stated that she had submitted a letter and a map. Mr. Orlowski
stated that the Board would take a look at this.
Being no further business to come before the Board; on a motion
made by Mr. Mullen, seconded by Mr. Ward and carried, the
meeting was adjourned at 9 : 13 p.m.
Planning Board Page 19 June 23, 1986
Respectfully submitted,
?emu �. 4kaj-�
Diane M. Schultze, Secretary
Southold Town Planning Board
Bennett Orlowski, Jr. , Chai an
r 1:bECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE a/a1/��
Town Clerk, Town of Southold