HomeMy WebLinkAboutPB-01/07/1985 �FF01K
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Southold, N.Y. 11971
(516) 765-1938
The Southold Town Planning. Board held, a regular meeting
on January 7., 1985 at 7 :30 p.m. at the Southold Town Hall, Main
Road, Southold. . Present were:
Chairman Bennett Orlowski, Jr.
Member William F. Mullen, Jr.
Member G. Ritchie Latham,Jr.
Member Kenneth Edwards
Member Richard G. .Ward
Town Planners David Emilita and JamesBryer
Special Counsel Francis Yakaboski
7 :30 p.m. public hearing on the question of approval of the minor
subdivision of the John Simon Estate. .located at Peconic, 4 lots on
81 acres at Middle Road.
Mr.Orlowski: We have proof of publication, public hearing. in the
Long Island Traveler Watchman signed by Pat Wood and notorized by
Barbara Forbes, we also have proof of publicationin the Suffolk
Times signed by Anna Lekas and n:otorized' by Judith Chien. I will
dispense with the reading of the metes and bounds if anybody out
there has any objections, please let me know now, if not we will
proceed. (none) We have the filing fee, we have a letter from
health Services , we also have C and R's as far as the water
from the Health Department, handed in by the applicant which we
will hand over to Mr. Tasker for his approval . We have nothing
from Suffolk County Planning as of yet, any approval would be
subject to. And, everything else is in order. At this time, I ' ll
ask if there anyout there has any objections to this- minor
subdivision? Hearing none, ,does anyone out there have any
endorsements of this subdivision?
Gail Wickham: I take that to mean comments in favor?
Mr. Orlowski: Yes .
Gail Wickham: My name is Gail Wickham, I represent the applicant
we've spent an awlful long time as the Board knows on this
subdivision. We have now complied. :with everything that you require.
Just to briefly state for the record, the purpuse of the subdivision
is to effect the distribution of the Estate of John and Sara Simon,
and we are proposing three lots of about 80,000 square feet each
up near the Sound and 'a fourth lot of approkimately 47 acres consisting
of the remainder of the farm.' The lots .on the' 'Sound will be serviced
by a right-of-way. The Suffolk County Planning Commission did raise
Page 2 . 1/7/85 .
Gail Wickham: the question of the status of the land 1/3 acre
parcel on Middle Road, and if the Board recalls, that was the
subject of an earlier set-off that being the homestead in which
Mr. Simon and' his- sisters reside, and that vas cut off separately
a number of years ago. I don't have any thing else more to add.
unless the .Board has any. questions , that haven't been answered
already.
Mr. Orlowski: Is there anyone else who would like to speak in
favor of.. this . subdivision.? Hearing none . Is' thereanyone out
there neither pro nor con but has information pertaining to
this subdivision that may be of interest to this .Board? Okay,
hearing none,, questions from the Board, Mr,. Mullen, (none) ;
Mr. Edwards (none) ; Mr. .Ward?
Mr. Ward: Just a question on the lot sizes? I` ;think counsel
had mentioned 8.0,000 square foot .lots? It doesn't show that on
the plan.-
Mr. Orlowski: These lots received a . . .
Mrs Wickham: I 'm sorry these lots are approximately 55 , 000 -
60,000 square feet.
Mr. Orlowski: They received relief from the . Town Board, I believe .
They. received relief onthe 10th of May, 1.984 , Mr. Ward.
Okay, anyother questions , Mr. Latham?
Mr. Latham: I have -one questions , the lot on MiddleRoad, that was
not part of the relief was it?
Mr. Orlowski: No that was set-off before as the counselor just
informed us .
Mrs . . Wickham: The small shown is the Charles Simon Estate and
that is. spparated for about 4 years , that now belongs to Elizabeth
Simon. The 1 .845 acre parcel, that is the homestead parcel I .
referred to earlier and that was. set-off a couple of years ago.
Mr. Latham: Just one question, Gail . Why would you need to
apply for relief to get those lots smaller when you could have
another acre a piece and it would not hurt. '.You have 76 acres
left.
Mrs . Wickham: I think the point was to just use the. property on .
the Sound that is not farmable because the remainder of the
farm is farmed and probably will continueto be so. They also
wanted to ' leave some frontage so that if in the future the farm
were ever divided there would be something up there too.
Mr. Orlowski: Aft yother questions? (none) Okay, the only. question
I have is there any correspondence with the Diller property . next
door? Combining the right-of-way to the lots? Is that being worked
on?
Mrs . Wickham: We wrote to Mr. Diller, in_ responee to. your letter,
.p on Setember - 17 and we never heard from him, I belive we also tried
to call him a couple of. times., and we did not have any response.
So we did not have any communication with him to answer your question.
Page 3 .1/7/85
Mr. Orlowski: Okay, it was„ just. a question. ' If there no further
questions, I will declare this hearing closed and thank you all
for coming.
7 :45 p.m. Public hearing on the question of .approval of the major
cluster subdivision of Laurel Estates, Section I. located at Aldrich
Lane, Laurel.. .16 lots on 36 acres .
Mr. Orlowski: We have the filing fee, proof of. ,publication in the
Long Island Traveler Watchman, signed by Pat wood and notorized
by Barbara Forbes and we have proof of publication in the Suffolk
times, signed by Anna Lekas. and Notorized by`Judith Chien-
We have C and R's filed by the applicant. and . approved' by our Town
Attorney. We have correspondence from Suffolk County. Planning.
which ,I will refer to later and everything else appears to be in
order. Okay, I' ll ask now . if -there is: anyout here with any
objections to this subdivision? Hearing .ftone, is there anyone
out there.'in favor of this subdivision?
David Saland; My, name is David Saland., I am one of the owners .
'I hope the Board .acts in favor as soon as possible, on this.
subdivision. Is there anything I can comply with', I would be.
more than happy to.
Mr. Orlowski: Any other endorsements of this. subdivision?
Hearing none, is there anyone out there neither pro,,,nor con
but may -have some input to this subdivision that would be
of interest to theBoar.d? Hearing none,, questi'ons from the Board,
.Mr. Mullen ;(none) ; Mr. Edwards .(none) Mr...'WARd (none) ; . Mr.
Latham (none) . "Okay, At this .point Sutfolk County Planning
Commission has send 'back their recommendations after going over
withthe. applicant' and"after the study. and deliberation it
resolved. to. disapprove said map for the following .reasons : 1.
Section 1would.; be. paramount to the aproval of Section 2 h
lay.out. is. totally unsatisfactory,, approval. of Section' d:_ would.
lock in the layout of Section 2 . It was stated in.. the referral
materiais 'that' Section 2 would be treated: as a .minor subdivision
which usually means that a map of Section 2 will. not be filed
inthe County Clerk's office. . A map or maps for this subdivision
whether showing the subdivision of. this tractin its entirety
or by sections would be .filed• in the County Clerk's office 'in
keeping withthe intent of Secti.on.335 of the RE.al Property Law..
Proposaed .subdivisi.on of the. tract will result in the creation '
of three, .landlockdd parcels ,. that is parcels that d'on't. have
frontage on existing or proposed public . roads ,- the creation of
such lots is contrary to good subdivision layout .principals
and creates problems as far as access by emergency and service
equipment. This could result in health safety., and welfare
problems.. for the future residents of these lots.., Creation of
landlocked lots also places the Zoning Board of Appeals in
an akward .position of having to grant -a building permit for
each of e
these lots. under sction 280-a of the Town Law as the
future owners of these lots cannot be held responsible for the
landlocked nature of the parcels.. 4 . -Lots 16 through i9 inclusive
have the potential to be subdivided aga.in .therevy placing., .
further dependence 'on the- fight=of-way as access . No information
was provided.- to show how 'the pond within the tract will be protected
Page. 4 1/7/85
Mr. Orlowski: against the development.' Well, I .don'tt see where
the property.: is going to be landlocked because -he does show
sufficient width in and out which we asked for- and-. the County..
asked for and the applicant has. given. We have the covenants
and restrictions thatwe asked 'for .on: the rest .of - the' parcel
and .basically what the "County, is saying here, I think we've
answered with the applicant ourselves. They probably have not,
looked it over as closely, I hope we do get our local member on .
the Board, so that they will be looked at a lettle bit better."
But, I think .at this time we could override these restrictions,.
because the applicant has answered all our questions that we
have had, and also the first questions that the County had.
Now the County has come back-with something that. I. don't think
is pertaining.
On a motion:'-made by Mr. Mullen, seconded byMr.. Ward it was
RESOLVED that the 'Southold Town _Planning Board override the
Suffolk County Planning Commission's resolution: of disapproval
regarding the major cluster subdivision of Laurel Estates , SEction
I , located at Laurel.'
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Mr. Orlowskis There are no further questions on..this subdivision,
I will declare this hearing closed and 'thank you, all for coming.
On a motion made by Mr. Mullen, seconded 'b.y Mr. Ward it was
RESOLVED that - the Southold'°Town Pianning.' Board app ove the
Preliminary map for the cluster subdivision of James W.: Dawson
located at Southold'. Plans dated .May 30, 1984 for 8 lots on 14 .4
acres, subjectto the request of the Suffolk County Planning
Commission which is that a 'dedication:°for highway purposes be
made at .the corner of North Bayview Road-and Dayton Road,
Vote of the -Board: Ayes :. Orlowski, Mullen, Latham, Ward, Edwards
On a motion madeby Mr. Ward', seconded by Mr.: Mullen .it was
RESOLVED that the Southold Town Planning. Board approve the
preliminary map for .the major subdivision' of `Bl.ue Horizons
located at Peconic, plans dated as last: amende.d June 13 , 1984
for 7 lots on 55 .7 acres.
Vote of the Board: Ayes':' Orlowski, Mullen, Latham, Ward ; Edwards _
$z00 p m.�S6adroft-Board to review and/or take action on this
site plan .for 160 condominium units on 46 . 16 acres located
at School House .Lane, and Griffing Street, Cutchogue .
Mr. Orlowski: Mr. Cron, are. you here tonight to ,represent Seacroft?
Page 5 1/7/85
Mr. James Cron: Yes, I am.
Mr. Orlowski: I think at this time , the Board would like to ask
a question. On our November 5 , 1984 meeting a resolution was
made. asking, requesting a Draft Environmental Impact Statement.
Does the applicant have any intent in doing this.?
Mr. .James Cron: The applicant is taking on the November 5
request and that is all I am priviledged to say.
Mr. Orlowski: Okay. At this time we would like to let you know
that certification has been given and accepted. on the 5th of
November, the 5th of February is 90 days . And., in 90 days ,
we have to make a decision one way .or another, by then.
Do we agree on that?
Mr.. .James Cron: We agree on the 90 days , yes .
Mr. Orlowski: Are you planning on having an answer before- the 90
days 'are up?
Mr. James Cron: I' ll have to ,consult with my client.
Mr. Orlowski: Okay.
Mr. Yakaboski: Mr. Cron, you mean you can' t tell us whether the
applicant will comply with the dir,ectives _of this Board to prepare
and file a DEI S .
Mr. James Cron: I think my answer was quite clear. I said we. -are
acting on it, and I am not priviledged to go any further.
Mr. Orlowski: At .this time, the Board, I would like to request that
we make a motion for .to -recess an_d,' go,A-hto executive session.
On a. motion made by Mr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board recess to go into
executive session to discuss proposed litigation.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
. At this time the Board took a five' minute .recess .
.Abigail Wickham, esq. reviewed the site plan during this recess .
The Board then returned to the Board room for the remainder of the
meeting .
Mr. Orlowski: ARe there any other comments regarding this site plan
approval?
Abigail Wickham: Yes , if I may, my name is Abigail Wickham. I
represent Long Island Vineyards who is the owner of the adjoining
property to the North.. I would like to make an objection to the
site plan based on the existence of a number of buildings in the
northerly acre and one-third of property in violation of an
agreement between the developeisand the Long Island Vineyards
as set forth in a letter dated March 9 , 1983. and a copy of which
is in your file . Specifically the developers agreed that they
would not place any buildings or structures of any kind on the
Page 6 1/7/85
Abigail Wickham: rear acreage to a depth of 1.50 ' from the northerly
boundry line. They've appareantly, according to the site plan have
violated this site plan in three respects . They have one set of
buildings which appears to be within approximately 100 ' of the
rear line, where it adjoins the Long Island Vineyards Farm. They
have also proposed to place .a building within .approximate"ly 50'
of where it adjoins the Beebe property, and they also have utilities
mains running within that 100 ' . There was also to be an agreement
regarding plantings within that buffer gone which does not appear
to be addressed in the site plan. I would like to ask the Board in
their review of this site plan to please take this agreed upon
buffer zone into account and not. to approve .&. s.ite plan which
violates it..in the manner I have indicated. Thank you.
Mr: Orlowski: Okay, no further comments , what would the Board like
to dd?
On a motion made by Mr. Ward, seconded by Mr. Mullen, the .following
action was taken:
WHEREAS, . the applicant, Seacroft Ltd.. , submitted, on the 17th day
of Cotober 1984 , a certified set of plans for the construction of
one hundred sixty ( 160) condominium -units , and requested site plan
approval therefor,and
WHEREAS, this Board, on the 5th day of November,. 1984 ,. did adopt
a resolution determining that Seacroft ,Ltd' s .application .for site
plan approval was subject .to the provisions of Articel 8 of the
Environmental Conservation Law and declared itself. to be lead
agency;. .directed that a Draft Environmental ' Impact Statement be
prepared; and .determined that the application of Seacroft .Ltd.
would not be complete until the .D.raft Environmental Impact Statement'
had been accepted by this Board as satisfactory with respect to .scope ,
content and adequacy; and
WHEREAS, No Draft Environmental Impact Statement has been filed or
accepted by .this Board; and
WHEREAS, since the meeting of November 5 , 1984 , this Board has
learned that . the premises acquired by Seacroft Let, and Seacroft
Plaza, Ltd., from Leisure Greens Associates in September of 1983 ,may
have been improperly subdivided; and
WHEREAS, it appears that a portion of land owned by SeacroftLtd.
or Seacroft P1aza. Ltd. , or both, is 'burdened: by aright-of-way
in favor of the 'Roman Catholic Church of . the Sacred Heart of Cutchogue,
and
WHEREAS, an adjoining owner has objected to the site plan contending
it violates a- written agreement concerning .rear yard spacing .and
plantings , which agreement has not been referred to in the application,
and must be considered as part of the Draft Environmental Impact
_statement,
NOW, THEREFORE, the Board finds as follows :
1 . That the application of Seacroft Ltd. having been deemed incomplete
by virtue of the provisions of Article 8 of the Environmental
ConservationLaw, this Board is precluded from taking -farther
action on this application until such time as it is completed;
and.
Page 7 1/7/85
2 . That the possible subdivision of the former Leisure Greens
premises and the existence of the right-of-way may affect the
validity of the application of Seacroft Ltd. and, inany event,
must further be considered form an environmental and planning .
standpoint; and
3. That, while it is this Boardts position that the time period as
provided for in the Town Code for action by this Board has not
commended to run, nonetheless ,the stated time period for
Board action expires on the 5th dayof February 1985 ; and the applicant
not having indicated that it will prepare and, fil'e a DEIS, the
application of Seacroft Ltd. for site plan approval is denied.
Vote of the Board: Orlowski, Mullen, Latham, Ward, Edwards
Special Counsel Francis Yakaboski left the meeting at this time .
On .a motion made by Mr. Latham, seconded by Mr.. Ward it was
RESOLVED that whereas , .a formal .application for the approval of a
subdivision plat entitled Schweiger_ and Murray -located at Southold
was submitted to the Planning Board on April 21, 1983 and, filing
fee of $75 was paid on November 7 , 1983 ,
WHEREAS , appublic .hearing was held on said subdivision application
and plat at the Town .Hall, Southold, New York on December 17 , 1984
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 Schweiger/
Murray for approval of said subdivision plat prepared by Rod Van
Tuyl dated Apr. 18 , 1983 , June 29 , 1983 , Nov. 15 , 1983 and lastamended
Mar. 8 , 1984 , be approved and the Chairman be authorized to endorse
approval on said subdivision plat. -
Vote of the Board: Ayes : Orlowski, Mullen, . Latham, Ward, Edwards
ON a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that th eSouthold Town Planning Board grant a 90-day
extension on the filing of the final maps for the minor subdivision
of Robert J.. Miller located at Fishers Island, pursuant to the
request of the. applicant.
Vote of the Board: Ayes : Orlowski, Mullen,Latham, Ward, Edwardx
On a motion made by Mr. Ward, seconded by Mr. Mullen it was
. RESOLVED that the Southold Town Planning Board approve the set-off
for' Peconic Homes Corporation, plans dated December 10, 1984
Page 8 1/7/85
Peco i o n c Homes Cont.
located at Mattituck, (106-13) subjedt,. to _the review of the Suffolk
County Planning Commission.
Vote of the Board: Ayes: Orlowski, Mullen, Latham,. .Ward, Edwards
Dn a motion made by Mr. Latham, seconded by Mr.Mullen it was
RESOLVED that the Southold Town Planning Board recommend to the
Town 'Board that the change of zone petitiiom'_from. Herbert Mandel
.located at Main .Road, East Marion be denied since the need is
not justified at this point in .time,and it .is inconsistent with
the proposed Master Plan.
Vote of the Board: Ayes -.Orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board accept the access
road report No. 415 from Inspector John W. Davis for the final
inspection. on :the access road within ;the, minor.-,subdivision of
David L Gillispie located at East Marion.
Vote of the .Board: Ayes : Orlowski. Mullen, Latham.,Ward, Edwards
On a motion made by Mr: Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board accedt the Inspector
John ,W. DAvis' report No 417 regarding the final inspection of
the access road within the minor subdivision forine;rly of Ruth
Fornuff located at Mattituck.
Vote of the Boards Ayes : Orlowski, Mullen, Latham,. Ward, . Edwards
William T. Emmet and Lily Emmet West- Ken Edwards made . a field
inspection of the premises and noted that according ,to FIDCO the
split conforms to the designation of the lot line. '
' On a motion made by Mr. Edwards', seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning. Board approve the set-off
:of Lily Emmet West and William. T. . EMmet located. at Fishers. Island
plan dated as last revised November ,29, 1984 for two lots on 4 .50
acres .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards,
On ,a motion made by Mr-,., Latham, •.seconded by Mr. Edwards it was
RESOLVED that the Southold Town Planning Board set January 21 , 1985
Page 9 1/7/85
at 7 :30 p.m. at the Southold Town Hall , Main Road, Southold as 'the
time and place for the next regular meeting of the Board.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, ward, Edwards
The Planning .Board set the following new proposals for a field
inspection:
.Edward and Charles Nalbantian- 6 lots . on 12 acres west side of Reeve
Avenue, Mattituck.
. Gregory Simonelli-3 lots. on 3 .8. acres, South side- of Grand" Avenue,
Mattituck.
Estate of Thomas Mrowka- 3 lots on 5.8 acres , South side .of Mill Road,
Peconic . .
On a motion made by Mr. Ward, seconded by Mr. ' Latham it was
RESOLVED that the Southold Town Planning Board approve the set-
off for Long Island Nurseries,. plan dated June 10, 1981. and
August 24, 1984 -subject to the review of the Suffolk County Planning
Commission.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Ward, seconded by Mr. Mullen. it was
RESOLVED that theSouthol.d .Town Planning.. Board. approve the set-off
( 106-13) of Mark 'and' Ellie Gordon located at Southold, plan dated
as last .amended November 16 , 1984 . This set-off of 11,478 .square
feet to be merged .to property woned by Ralph Lavina. This approval
is subject to 1) Review by the Suffolk County Planning Commission
and 2) Filing of the convenants and restrictions with the County
Clerk. , stating no. futher subdivision . of the -set-off..
Vote of the Board: Ayes-: orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. L`athan, seconded .by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board approve the set-off
for Joseph A. McKay and Michael S . Greenly located at New Suffolk
for two lots on 19 ,445 square feet subject to the. review of the
Suffolk County Planning Commission.
This received an insufficient area variance from the Board of Appeals
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
Mary Leonardi and Wilma Meehan-The :Board set this. proposal for a
. .field inspection prior to any recommendations or action, 2 lots on39,000
$guare feet l.ocated. at Reydon Drive, Southold.
Page 10 1/7/85
Highpoint at East Marion,Sectio_n_II- The Planning Board was to
make. recommendation to the Town Board on. the reduction of the
letter of credit for road improvements on .this subdivision. .
The Chairman read report No. 414 from John W. Davis , Inspector,
regarding the improvements to date,.and the remaining work
to be.- done on the road. It was noted that these was no recommendation
from Ray Dean, superintendent of highways .regarding this request.
On a motion made by Mr. Latham, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board hold. a recommendation`
to the Town Board regarding . the reduction of the- letter- of credit
for Highpoint at East Marion, Section II until a recommendation
from the SUperintendent of Highways is recieved.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
Homestead Acres located at Greenport- The Board reviewed .the
resolution of disapproval from the Suffolk County Planning Commission
regarding this subdivision and the correspondence from the
attorney for the applicant requesting that this be overridden.
On a..motion made by. Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold Town. Planning Board override the Suffolk
County Planning Commission' s resolution of disapproval for the
major subdivision of Homestead Acres located at Greenport .
Vote of the Board:. Ayes : Orlowski, Mullen, Latham, Ward, Edwards
On amotion made byMr. Latham, seconded by Mr. Mullen it was
RESOLVED that whereas , a formal application for the approval of a
subdivision plat entitled "Homestead Acres" located at
Greenport was submitted to the Planning Board on September 30, 1982
and, application fee. was paid on October 4 , 1982 in amount of $150 .b0 ,
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Southold, New York, on March 12 , 1984 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 "Homestead
Acres" for approval of said subdivision .plat prepared by
Roderick Van Tuyl , P.C. dated Aug. 25 , 1983 , be approved and the
chairman be authorized to endorse _La proval on- said subdivision plat
subject to the following conditions within 90 days from the date of
this resolution:
page 11 1/7/85
1. Performance bond posted in the. approved amount of $250,000.
2 . Inspection fee paid.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
On .a motionmade by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the Southold. Town Planning Board refer the cluster
subdivision of the Sage Property to the Town Board for their
approval of the. cluster concept, for Section I . This proposal
is located at Sage Road, .Greenport. Section I will have 1:9
units on a total overall acreege of 38 acres .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
John and CatherineSimicich- The Board reviewed this set-off of 15
acres located off Bergen Avenue, Mattituck. It was noted that
this parcel to be set-off would merge with the land of Catharine
Simicich and be entered in the Town Farmland Preservation Program,
and the balance of the land would be a minor subdivision Mr.
Charles Cuddy, esq. and Mr. Simicich were present, they- said the
minor subdivision would be four lots on 11 acres of land. and
the land offered to the farmland .preservation program would be
a vineyard.
On a motion made by Mr. Ward, seconded by Mr.Latham. it was
RESOLVED that the Southold Town Planning Board approve the set-off
(106-13) for John and Catherine Simicich located at Mattituck.
Subject to the review of the Suffolk County Planning Commission,
parcel to be is 15 .262 acres , map dated December 12 , 1984 .
Vote of the Board: Ayes: Orlowski,_ Mullen, Latham, Ward, Edwards
HenryDomalski-minor subdivision located off Oregon Road. This
application received a variance on 'the . insurricient width and
a right-of-way (280-a) approval from the Board of Appeals . It was
the consensus of the .Board to request that this application be
amended to be a set-off . The Board requested that this amendment
be. put in writing from. the applicant or' his attorney. Abigail
Wickham, attorney for the applicant questioned. if the Board could.
work out an agreement with the property owners in the adjacent
subdivision to use the road which connects to this property so
that the applicant would not have to improve the long right-of
way. The Board stated that although the road in the subdivision
was located so as to allow access to -the adjoining land., the
road had never been dedicated to .the Town. Therefore, it remained
private and, out of the Board' s jurisdiction.
Page 12 1/7/85
The Board discussed the pond being constructed in the subdivision
of Settlers at Oyster ponds located at Orient. Mr.Latham said
that as far as he could tell , no soil has left the site. The
Chairman read 'Section 106-20 of the Southold Town Code and noted
that the Board really. had no jurisdication over this since it
was an approved and filed map. Even though he is altering
the subdivision, the Code was vague and there was no provision
regarding the building of a pond: David Emilita quoted Chapter
.46 of the Town Code regarding Floodplain Management. Mr. .Emilita
said in his opinion, according to this chapter the developer should .
have to file plans indicating how he is altering the flood plan.
Mr.. Emilita said that the Board may not be able . to stop the pond
contructi.on , however, they should have plans . Mr. Latham also
said that the .road was never improved as the developer promised,
and he should be remineded of this . Mr. Orlowski stated that when
a decision had been made regarding this, it would be put in a
letter to the applicant.
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 9: 13 p.m.
Respectfully submitted.
Diane M. Schultze, Secretary
Southold Town PlanningBoard
Bennett Orlowski, Chairman
T�rIE L D TOWN id CLEIZ
DATE �Ilz 1�-5 HOUR g : I�A.rv�
Town Clerk, Town of Sout Id