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HomeMy WebLinkAboutPB-04/15/1985 r � P T LD s Southold, N.Y. 11971 (516) 765-1938 The Planning Board held a regular meeting on April 15 , 1985 at 7 :30 p.m . at the Southold Town Hall, Main Road, Southold. Present: Chairman Bennett Orlowski, Jr- . Member William F. Mullen, Jr. Member Kenneth Edwards; Member Richard G. Ward MemberG. Ritchie Latham, Jr. (7 : 45 p.m.) Town Planners David Emilita and James Bryer Victor Lessard, Executive Administrator 7 :30 Public hearing on the question of approval of the minor subdivision of Mohring Enterprises, Inc. located at Main Road, Peconic. Containing 34 .5 acres . Mr. Orlowski: We have proof of publication in the Suffolk Times, signed by Anna Lekkas and notorized by Ann Abate; proof of publication i n.the Long Is.aand Traveler Watchman signed by Pat Wood and not.orized by Barbara Forbes . I will dispense with the reading of the metes and bounds , if there - are any objections , t o that, please (;let me know. (none) We have the filing fee, correspondence from Suffolk County Planning, we have a copy of the covenant and restrictions which have been filed with the County, and averything appears to be in order. - I will ask if there are objections to this minor subdivision? Hearing none. Is there any endorsements of this minor subdivision? Mr. Henry E. Raynor, Jr.'4, If it pleases the Board, Mr. Chairman, I am Henry Raynor and I am agent for Mohring Enterprises . You are well aware it is the intent of the applicant to subdivide the property into 4 building lots , the sizes of which being between 5 . 1 acres and 19 acres . It has been questioned, and the proposed right-of-way construction will meet all the Planning Board Inspectors requirement, and we will further stipulate to construct guard rails around the pond area located between lots 2 and 3 . The Department of Health Services has stamped each map with approval and the Planning Board has received the proper covenants and restrictions as_ stipulated in their resolution of September 24 , 1984 and we have further addressed all the questions regarding Suffolk County Planning Commission and for these reasons, respectfully request that this be approved. Thank you. r Page 2 4/15/85 Mr. Orlowski: Is there any other endorsemsnts of this subdivision? Hearing none. Is there any one neither pro nor con but may have information pertaining to this subdivision that may be of use to the Board? Hearing none . Any questions from the Board; Mr. Mullen, (none) ; Mr. Ward (none) ; Mr. Edwards (none) ; Okay, being no further questions, I will declare the hearing closed and thank you. 7 :45 `p.m. Public hearing on the question of approal of the minor subdivision of Cranberry Acres located .at Southold. 4 lots on 24 acres . Mr. Orlowski: We have proof of publcation in the Suffolk TImes, signed by Anna Lekkas and notorized by Ann Abate, 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 reading of the metes and bounds, if there any objections , please U'let me know. (none) We have the filing fee, correspondence from Department of Health Services , Suffolk County, correspondence from the Department of Planning, we" have covenants and restrictions which have not been filed yet. Everything appears to be in order. At this time, I will ask if there any objections to this minor subdivision? Ruth Oliva:. Ruth .Oliva, NFEC, we objedt to this subdivision, No. 1 becausev of this minor subdivision is a saltwater marsh. We do not the majority feelthere is enough buildable upland to allow a subdivision to be granted. Number 2 , I do believe that with our own wetland regulations , there has to be a 75 ' building set-back, I dor:not believe that . on, at least lots No. 3. and 4 , the set-backs can beemet, perhaps only No. 1 and No. 2 . Thridly, being as this is over 5 acres , each . lot, the Board of Health can not review upon this , and I. think it is incumbent upon this. Board, therefor to protect the health and safety of any future owner in that area. I do believe there is a pY'oblem with the water with nitrates , I also would like to remind the Board that these lots are slightly elevated with a buildable area is any cesspool, that would be put in would definitely drain into this marsh. As you know, we are all trying to preserve our wetlands . Thank you very much. Mr. Orlowski: Okay, is there anyone else with objectionssto this minor subdivision? State your name . MR. Robert Pike: Thank you, I am Robert Pike a lawyer with offices at Sound'_Avenue, Baiting Hollow. I guess.. I should call it the city of Baiting Hollow with our new seven--story skyscrapers. I am a lawyer who specializes in environmental law and represent a wide number of environmental groups , in addition I am a professer of environmental law and teach at the Long Island University in Southampton. I am here tonight representing two of the neighbors Pete and Betty Schloss and Robert Gazza, who own property across the street from the particular property and they have asked me to appear tonight to address a number of their objections . I would say at the outset that the applicant' s agent has shown a fair amount of good faith in the dss.cassing the case with me " and has already shown some consideration to the environement r , Page 3 4/15/85 Mr. Pike: by revising the application to its current form, it is a great improvement, that does not mean it is purfect and I have a number of thoughts on the current plan that has been presented. I would like to thank Mr Raynor for his willingness to address the concerns that have been raised. I realize diversly that that is slightly subserviant because he has divested some health department review of the project as Ms . Oliva has pointed out. The fundamental problem here is fairly simply demonstrated by one of my client' s , Mr. Gazza, experience across the street. Mr. Gazza has the unique distinction of being the only of the client on the North Fork that has not a single filter, not a double filter, not a tertiary filter, but a four part system to treat his water from the same lense that this property, particularly lots No. 3 and 4 would be serviced by if wells were drived on the individual lot. I know that Mr. Raynor may have some objections to that, and we may get a chance tD discuss this later but Mr. Gazza has the single most expensive water treatment program that I have ever seen, and in fact hastto conserve his use of his water, forexample, he will infact wait after a substantial rainfall has taken place to use the water. You have a very, very small water lense there and a verry, very, serious supply problem. . I can provide further documentation on that, I have a list of Mr. Gazzattreatment system if the Board would like it. I would reiterate we are concerned with area calculations in the fact that the overwhelmining majority of all of the lots , and they are latgee lots , but the overwhelming majority is -':r_a'.formerly connected tidal wetlands under NY State Law and is entirely undevelopable. Those portions of two lots, Lots No. 3 and 4, that are above DEC jurisdiction are tiny, and I would -question—and asky-therBoard, to, address in the affirmative the matter of whether they meet the minimum requirements set by the Town. I think there is a more important problem here, and that is the way people buy and sell real estate, and their expectations upon buying and selling intheir Town. There is the idea that if this Board were to approve this subdivision that you would end up with four buildable lots . And, I am not sure that is the case but the average practitioner of law, upon subdivision approval from the Town would authorize his client to go ahead and sell the lots . My concern is that an unsuffisticated purchaser would not go through the time and expense to determine whether he had a buildable lot, would be unable to obtain affirmative representatives in a contract to buy the property -that it was a buildable lot and might in fact under Town Law have a buildable lot and find himself ina position of not being able to build on it, two of the lots , particulary, 'Lots 3 and 4 . My concern then is the Town not persist in this matter and take affirmative steps to make sure that sort of result is not donee. I have two basic suggestions in that regard, first of all, in part of my discussions with Mr. Raynor, I suggested to him and his client that they look at the possibility of dedicating major portions , of this site, not to a nature conservancy, but to a relatively new land preservation entity that exists on the end of Long Island, Peconic Land Trust. I spoke earlier to a gentleman running that agency, Mr. Halsey, and he indicated that he was very interested in looking in the property. Obviously, my clients would be very grateful if he would donate the entire property to Peconic Land Trust and take the appropriate action at that time. Assumming that won't fall from heaven, I have an alternative suggestion which Page 4 4/15/85 Mr. Pike : is that they consider deeding away lot No. 3 , Lot No.4 and an easement to all of the wetlands that is not currenity contained' on Lots 3 and 4, to the Peconic Land Trust. I know that Mr. Halsey is interested in discussing that matter with him and I would ask and I believe he is also interested and has indicated a willingness to discuss that point. Taking a step further and assuming that that matter does not develop into fruition I would take it a step further and ask that this Board in considering the possiblity of approving this wif' all the other objections fall by the wayside that they impose a number of extraordinary conditions on the property to solve the problem which I indicated before, by way of condition and a permenantcovenants and restriction on theland that would run with the land that the applicant demonstrate compliance with and approval of a water supply and sewage sS7stem in compliance with current county regulations , and that would be as to both water supply and sewage disposal . I think the imposition of those conditions , in addition bb the others which the Town would normally apply to insure that a theoretical approval of the lot in the Towncf Southold would in fact be an applicable buildable lot for any purchaser. Those are my basic objections thank you for your consideration of all of them. Thank-. yo.0. Mr. Orlowski: Are there any other objections to this subdivision? Ernest Wilzenski-My name is Ernest Wilzenski . My property, which is directly adjacent to this subdivision. I 've owned this property about 10 years . As you all }know this is a very serious water situation. In to years I. have had three different well points . And, I have been fortunate, I have gone back into the same area and have gotten good water. I would like to say that as Mr. Gazza across the street, the problem is quite serious and I hope the Board gives this consideration. Thank you. Mr. Orlowski: Thank you. Anyother objections to the subdivision? Jean Tiedke: I have a question if I may. The property would drain into the creek which goes out by Suffolk Community College laboratory right? Mr. Orlowski: Across the street? Yes . Jean Tiedke: Have any of you seen how that section of road floods when there is high tide? It floods very severally down there. Which indicates that alot of that property indeed comes under water. And I would assume the pollution from improperly located or even properly located cesspools could come out into that creek, past the Community College laboratory. Mr. Orlowski: Any other objections? Joann ;:Osman: It is not an objection, just an observation. We live on the corner of Bayview and Cedar Beach Road. We are aware of this property area, because primarily of water that comes up. Fortunately we don' t have it, we are on the corner. But it does , every hitlh tide, every heavy rain that road is f-,l,00ded,. and it is impassible . °=,qe F. Page 5 4/15/85 Mr. Orlowski: Any other objections? Hearing none. Is there anyone hear'Lin favor of this subdivision? Henry E. Raynor: Just for the record, my name is Henry Raynor, and I 'm here for Mr. Gus Fink who is the contract vendee on the propoerty. I should note that I have heard many of the suggestions which have been given this evening from Mr. Pike. He and I have conversed on the subject and have come to a reasonable conclusion. First, it is the intent of the applicant to divide 24 .77 acres into 4 lots . The size of the lots range anywhere from 5 . 1 acres to 7 . 1 acres . This Board is well aware originally this was going to be a major subdivision of seven which were voluntarily reduced to four for environmental consideration by the applicant. There are twelve acres of existing wetland son this proposed subdivision. This is certified to in a`�report that I had Roderick Van Tuyl, land surveyor. For the Board' s specific information, the lot sizes proposed, take an arbitrary lot size inthe surrounding area, vary anywhere from 3 to 15 times the size of the existing residential lots . As you are well aware, the Department of Health Services has stamped the approval . We have further water test done on the situ--.quantity and quality with regard to salt water intrusion regarding the discussion this evening. Krieger and Pump Corp. on a letter dated the 16th of August, just an exceT.pt, it says the well produces 40 gallons a minute after pumping 3000 gallons of water for more than an hour there was no change in chlorides . As this Board is well aware the averaget:;household pumps between 150 and 175 gallons per day. That would give you an idea as to the amount,.:of water that is on the property.l I will draw you ' specifics to be as fair as possible to the fact that you were to address the old lot No. 7 , the elevation on the property and the westerly and southwesterly area is from where the water table was drawn. It was drawn specifically there because the applicant intends to utilize that section of the property for the water system for the lots . So there is not a chance of drawing and coming up with up with the problems of Mr. Gazza. We have presented to the Planning Board a copy of the covenants and restrictions , as per the resolution of the Planning Board. We will file same with the County Clerk upon approval and we have not filed them because Mr. Fink is the contract vendee to this date . We have noted in a letter from Mr. Gahan, who is the present property owner, that the original flooding on part of - this property took place in the 1930 hurricane . It has been the Suffolk County department of public works who got the slue open on the property. Prior to that, that was grazing pasture and it was cultivated as a cranberry bog. I thank Mr. Pike for his information concerning the Peconic Land Trust and will transform the information he has given me this evening to Dr. Fink and subsequent to the Borad' s determination upon this property we will take everything said at this hearing into consideration. We are not about to go in-.and try to plunder.. the property, we weren't going to go under the old sketch approved map. Given this particular piece of property we have used extreme lattitude in trying to be good neighbors and for those reasons we expect that the pleasure of the Board would be approval . Mr . Orlowski: you are saying that each lot will be furnished` Page 7 4/15/85 Mr. Orlowski: Okay, anyone else? Hearing none, any questions from the Board, Mr. Mullen. Mr. Mullen: Mr. Raynor, would it be possible for your client, he has ddne a great Job going from seven to four, consider going down to three? Mr. Raynor: If that is a condition that the Board will place upon it. Mr. Mullen: Well, Mr. Pike requested the elimination of lots three and four and I believe if we can get three out of four it will be fairly equitable situation. I know the water situation is rough down there and we are looking of a situation here of 27 acres and Mr. Van Tuyl in September 1983 , he mentioned that 1/2 of it is wetlands so I would iike to see if you could possibly get together from four to three I think it would be a solution for everybody concerned. It is not a cure, but it would be a helpd. Mr. Raynor: In reference, Mr. Mullen, with regard to freshwater. On the basis of tests that were pumped out we have a superElous amount of water. Again, it is kind of a micro system for. the Townshi.p, .we have water but in some places we .have too much of it and in some places we don't have enough of it. Mr. Mullen: But, if we have water what is the quality of the water and we could have an extremely .wet season or a high tide situation and it would. be very damaging to the deal. I would still like you to consider that if you would. Mr. Raynor: We will, sir. Mr. Orlowski: Anyother questions , Mr. Latham? (none) , Mr. Ward? Mr. Ward: Did you happen to consider along the along the dines of what Mr. Mullen was saying, possibly clustering in the West End on the basis of going as you normally would with a cluster subdivision. Mr. Raynor: Todate it has not been explored, particularly because the-�.small size of the numbers of the units . Let me ask this, is the Board ameniable to that type of clustering? I don't know how to address that because we would leave less than 20 acres and the criteria for a number of years has been that. If the Board would choose to explore that, we are more than willing to explore that. Mr. Orlowski: Anyother questions , Mr.Ward? Mr. Ward: No, that was it. Mr. Orlowski: Mr. Edwards , (none) , Mr. Bryeri-did you have any comments on this , I know you have reviewed it. Mr. Bryer: I have no questions , I would like to go over it again. Mr. Orlowski: Being as there is no further questions , I will declare this hearing closed and thank you all for coming down. And, we will review all the ideas and input that we received tonight and make our decision. Page 6 4/15/85 Mr. Orlowski: with its own sewer and water. Mr. Raynor: That can be done if that is a condition of approval by this Board. Mr.. Orlowski: Alright, if there anyone else in favor of this subddvision? Hearing none, is there anyone neither pro nor con but may have information pertaining to this subdivision which may be of itnerest to the Board: Betty Schloss : My name is Betty Schloss and I am a neighbor acrosse the street from oneeof the entrances to the property. I would just like to point out, there is a house on Cedar Beach Road were they had to put in short lenght cesspools and they had to put in three cesspools because the land. was so close to the water table andI just wonder how :, if you have four lots with four good size houses that the cesspool situation could be controled so that you don' t have a problem that you are not looking forward to. Mr. Orlowski: Anyone else. Robert Pike: Just something was not clear to me about the exchange here. Did you ask whether each lot would have one well or if or that .they would share the same well? Mr. Orlowski: No, I asked if each lot would have their own well. Mr. Pike: It is my understanding that Mr. Raynor is suggesting that there be one well on Lot No. 1 to supply all four lots . Mr. - Raynor: We have the option presently, pending the Board' s decision , to go forward in either direction. We would in this case seek your guidance. Mr. Orlowski: Each lot individually would have to be approved by Suffolk County. Mr. Raynor: To the best of my knowledge all of the lots will meet the standards . We have had three tests done and three tests will meet the present department standards . It is the option of this Boardto put a aafety factor on that to assure that there is no particular problem 4a Mr. Orlowski: Is that sewer and water it will meet n. Mr. Raynor: They will have to meet that in order to get the permits . Mr. Orlowski: But right now you are saying throughtthe tests that you have done. Mr. Raynor: We have done test wells . Mr. Orlowski: Okay. Ernest Wilzenski: I would also like to add,oas I mentioned before, that my home that I have adjacent to the property I tried to have water for the well, but my water comes from my nextdoor neighbor. My well comes from my next door neighbor, that is where I get my water. Page 8 4/15/85 Joann Osman: I think it would be a good idea if you all went down and took a look at it. Mr. Orlowski: We have many times . Mr. Michale Hall, esq. was present for a pre-submission conference to discuss the site plan of Nicholas Petikas for construction of a building to contain a 2 ,000 square foot restaurant and 1000 square feet of retail use. This proposal is located at the corner of Main Road and SoundcRoad, Graenport. Mr. Hall explained that approximately 50% of the propoerty is in a B zone and the remaining 50% ,approximately, is in an A,.zone . He stated however, that this may be on a down side effect, in other words , more of :the property is actually zoned A. However, this would have to be studied on the zoning to obtain the exact percentage . Mr. Orlowski s id._.that the more stringent zone applies , therefore, there would be a problem inc1developing this site. Mr. Orlowski said the Board has reviewed about four proposals for this property over the last few years , and due to the zoning, nothing has been finalized with any of those plans . Mr. Hall questioned if the building and parking were all in the B area of the property if the problem would be lessoned. Mr. Hall said the property was about 21 , 000 square feet. Mr. Orlowski said that rhinimum , quare footage required in a B zone :.:is 30, 000 and since it is obvious that there is less than that, the Board would not be in favor of this proposal . It was also noted that there could be no -parking in the A zone. Mr. Latham noted that there is a severe flooding problem in the road at this intersection. Mr. Hall said that he realized that this proposal had to be approved by the Board of Appeals , and it was recommended that he receive the necessary variances prior to action by the Planning Board. _ The appointment of Anthony Tohill was cancelled since Mr. Tohill could not be. present. This will be rescheduled on the next available agenda. This d1sc-fission was regarding the set-off of Louise O. Day located at Indian Neck Road, Peconic. On a motion made by Mr. Edwards , seconded by Mr. Latham., it was RESOLVED that;-.the Southold Town Planning Board offer the following comments to the Zoning Board` of Appeals regarding the proposed minor subdivision of Guy acid Ruth Sobering located at Sound Avenue, Mattituck to create 2 lots on 2 . 9 acres . 1 . The lots proposed are less than the current two-acre zoning, and there appears to be a house and a foundation already existing on the property upon field inspection. Vote of the Board : Ayes : Orlowski, Mullen, Latham, Ward, Edwrards Page 9 4/15/85 Charles DeLuca-TheBoard reviewed this proposal for 4 lotsDn 10.5 acres located at Main Road, Southold. Richard Lark, esq. was present for this discussion. Mr. Lark noted that he had received a permit from the DEC and explained that all building would be above the 10 ' countour. Mr. Mullen requested covenants and restrictions as to no further subdivision on Lot No. 1 which contains 4 acres . This Board also requested that all access be off the right-of-way so as not to create additional driveways onto the Main Road. Mr. Lark was agreeable. to this . On:_<a motion made by Mr. Latham, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of Charles DeLuca, for 4 lots on 10.5 acres at Southold; plan dated July 24 , 1984 , subject to they following: 1 . Covenants and restrictions as to no further subdivision in perpetuity on Lot No. 1 . It was also agreed thatthe right-of-way will serve as access to all the lots and there will be no driveways onto Main Rod.d Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards Abigail Wickham was present for a presubmission conference for the site plan of Daniel Kaelin for the construction of a retail store for lawnmowers located at Cox' s Lane, Cutch.ogue . Mr. Orlowski stated that the Board did not want any backing on to Cox's Lane from the parking lot. Ms . Wickham said that this building would be primiarily sales _at this time . She stated that presently the sales is taking place from the gas station which Mr. Kaelin owns to the South of the site . The Parcels are in -;:seperate .ownership, ;,and it was, noted that a setback variance may be needed due to the width of the lot. The Board noted that this should be discussed with the Building Department. The Board questioned if there would be any further subdivision and Ms . Wickham said that there would be no further subdivision; and .the'°-dustless s'urfabe'in`the park ing_,_�7311 .be asphalt. On: a motion made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board refer the site plan of Daniel A. Kaelin for the construction of a building for retail sales of lawnmower equipment to the Building Department for certification. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards Henry Lytle- Abigail Wickham, esq. was present for the Board' s discussion on this proposal for 2 lots on 9 acres located at Soundview Avenue,Sou thold. Upon the Board's first review of. this Page 10 4/15/85 Henry Lyta6f...cont. proposal , the tax map indicated that there existed a right-of-way and another lot within the land that was not shown on the survey. Upon research through the deeds the Board found that Henry Lytle and wife had conveyed a lot to Henry Lytle along with the right- of-way. The Board requested that this be deeded back to Henry Lytle and wife so they would not be creating a thikd lot with the proposed subdivision. Ms . Wickham indicated that she had prepared a deed for this transfer, however, requested approval prior to filing the document. The Board also requested covenants and restrictions as to no further subdivision, however, Ms . Wickham ddd not agreee to this as she felt her clients would want the option for further subdivision. It was the consensus of the Board to further review this and inspect the property prior to any action . Herbert Mandel- Mr. Garrett Strang, architect, was present for the Board' s review of this proposal . He noted a correction on the agenda, the proposal was located at Rocky Point Road not Stars Road. This site plan was for the construction of two 2-family apartments Mr. Strang has presented this to the Board for their recommendation prior to filing for a. change of zone (property is in a C zone) or a use variance . Mr. Strang indicated that there was contiguous parcels whcih were also zoned C, which the aplicant wished to merge to the site plan property for more square footage . Mr. Strang also explained that under the previous density requirement, 6 units were allowed with water and sewer in an M. zone per acre . Therefore, this proposal for 8 unit would only be 2 above the ordinance . The Board questioned the applicant' s proposed rental price of $800 per month. Mr. Mullen noted that several aspects of the proposal could be eliminated, such as the garage, which would bring the price down. Mr. Strang explained that it was the intention with- the attached, frame construction, to have the garage fit in. Mr. Latham was concerned that this would be a summer rental and not benefitting the year round residencis . Mr. Strang said that was not the idea at all, infact, the applicant was willing to forego the C zone which permitted heavy uses , in this residential area, to create apartments . David Emilita, Town Planner, stated that a use variance would not be appropriate in this situation and a change of zone was needed. It was the consensus of the Board that they were not 2n favor of this proposal. for two (2) two-family attached. residences . However, the Board agreed that a residential use would be acceptable providing that the density is in conformance�:;with the current zoning. On a motion mad eby Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board approve the site plan of Pudge Corp. located at Southold for the construction of an adddtion on the existing builddng to be used for office, plan dated January 15 , 1985 ; subejct to axone-year reviewer This received certification from the Building Department. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Page 11 4/15/85 On a motion made by Mr. Edwards , seconded by Mr. MulleniIt was RESOLVED that the Southold Town Planning Board _approve the site plan of the .Cutchogue Library for the construction of an addition on the existing library, pplans dated November 28 , 1984 ; subject to a one-year review> This site plan also received approvals from the Board of Appeals and certification from the Building Department. 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 the Southold Town Planning Board approve the site plan of Strong' sMarineland (Survey for Delores Strong) for the construction of an addition for boat storage located at Mattituck, plans dated as amended Marcn 8, 1985 ; subject to a one=ydar review. Plans have received certification from the Building Department. Vote of the Board: Ayes : Orlowski, Mullen,Latham, Ward, Edwards On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town PlanningBoaitd approve the site plan for Southold Floor Covering for the. construction of a storage building, plan dated January 15 , 1985 subject to receipt of a letter indicating that a fence will be constructed on the northerly property line as indicated on,the sketch which was submitted, on March 22 , 1985 and a one-year review. 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 the Southold Town Planning Board approve the site plan for Larry and Violet Tuminello for the construction of an addition to -tan existing building for an 80-seat restaurant, located at Arshamomaque, plans dated March 12 , 1985 ; subject to a ones year review. This plan received certification from the Building Department. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards On a motion-�Made by Mr. Ward, seconded by Mr.Latham, it was. RESOLVED that the Southold Town Planning Board declare C.'n.stself( lead lead agnecy with regard to the State Environmental Quality Review Act for the minor subdivision of Mohring Enterprises , Page 12 4115/85 Inc. located at Mattituck, :'7 Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Ward, seconded by Mr. Latham, 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 Mohring -Enterprises ,Inc. is four lots on 15 .9. acres located at Mattituck, Tax Map No. 1000-122-3-11 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. Because there has been no correspondence from the New York State Department -of Environmental Conservation in the :8Jlotted time it is assumed that there are no comments or objections by that agency. ; The Suffolk County Health Department has no objection to our .lead agency status . They have received an application and the proposed project is in non-conformance with Article 6 due to insufficient depth of test well. In addition, required test hole inspections have not been done to determine subsoil conditions . 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 : Orlowski, Mullen, Latham, Ward, Edwards. Page 13 4/15/85 On a motion made by Mr. Edwards , seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board accept and refer to the Town Board the bond estimate of $350, 000 for road improvements within the major subddvision of Long Pond Estates , Section I , located at Southold. 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 the Southold Town Planning Board override the Suffolk County Planning Commission' s resolution of denial with regard to the Subdivision of Constance Klapper located at Cutchogue, based onc:the :information submitted by the attorney for the applicant. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards On a motion made byMr. Mullen, .",seconded by Mr. Latham, it was RESOLVED that the Southold Town PlanninqT Board approve the minutes of the regular meeting of December 17 , 1984 . 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 approve the minutes of the regular. -meeting of January 5 , 1985 . Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards Board to set the following new proposals for field inspections: 1. Peconic Homes-4 lots on 45 acres off Sound Avenue,Laurel . 2 . Agnes McGunnigle-set-off of 11 .7 acres from 22 acres at Light- house Road, Southold. 3 . Charles Simmons- 4 lots on 57 acres at Sound Avenue, Laurel On a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Baord declare that the Draft Environmental Impact Statement and Supplemental Report for the proposal of Nicholas Schick located at Orient is sufficient. for review by all in a ected parties . Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Page 14 4/15/85 On a motion made by Mr. Mullen, seconded by Mr.Lathany it was RESOLVED that the Southold Town Planning Board refer the following comments to the Zoning Board of Appeals regarding the set-off application of James Periconi and Marion Cimini: 1 . It was noted that there are presently two dwellings on the lot; upon field inspection, it appears that both are. occupied however, one may be a seasonal home. 2 . This set-off would lesson the non conformity of the lot which presently has two dwellings on it. These comments are referred regarding the application for a variance filed with the Board of Appeals . Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Edwards , seconded by Mr Mullen, it was RESOLVED that. the Southold Town Planning Board refer the following comments to the Zoning Board of Appeals regarding the set-off application of Helen Conway located at Southold, following a field inspection: 1 . It appears , upon review, that the parcel to be set-ofE was single and has become merged`-.to the remaining land of Helen Conway. 2 . It was noted that the surrounding lots in the area are small (under the two-acre zoning) . 3 . With the 50 ' strip to the east, there is still access to the back 6 . 0 acres . 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 the Southold Town Planning Board, refer the following comments to the Zoning Board of Appeals regarding the minor sbudivision of Howard L. Young and wife at Orient. 1 . Two of the three proposed parcels are less than the 80, 000 square foot minimum, however, it was noted that the surrounding lots in the neighborhood are small . 2 . Consideration should be given to creating two conforming lots rather than three as proposed. 3 . The Board questioned the 900 turn in the driveway. Vote of the Board: Ayes : Orlowski, Mullen, Ward,.,_Edwar_ ds Abstained: Latham Page 15 4/15/85 On a motion made by Mr. Latham, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of Dorman, Townsend, McKay, and Millis for 4 lots on 11 2/3 acres-located at Orient, map:-idated October 16 , 1984 . Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards The Board also requested that the applicant request standards for road improvement, pursuant to Section 280-a of Town Law. Also, the Board requested covenants and restrictions as to no further subdivision in perpetuity. On a motion made by"Mr. Latham, seconded by Mr. Mullen it was . RESOLVED that they-Southold Town Planning Board override the Suffolk County Planning Commission' s resolution regarding the minor subdivision of Andrew Lettieri, located at East Marion. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Latham, seeconded by Mr: Ward, it was RESOLVED that whereas , a forma] application for the approval of a subdivision plat entitled "Andrew Lettieri" located at East Marion was submitted tothe Planning Board on April 16 , 1984 and filing fee of $50 was paid on April 16 , 1984 , and, WHEREAS, a public hearing was held on ''.said subdivision application and plat at the Town Hall, Southold, New York, on April l.-`. 1985 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 for " Andrew_ Lettieri" for approval of said subdivision plat prepared by Frank Bayles , and last dated October 17 , 1984 be;�apprbved and the chairman be _authorized to endorse_aL roval on said subdivision plat subject to the following condition to be completed within six (6) months from the date of this resolution: 1 . Filing of covenants and restrictions with the County Clerk stating that any further subdivision of Lot B will be limited to Three (3) lots . 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 the Southold Town Planning Board accept and request Page 16 4/15/85 compliance with Inspector John W. Davis ' ;report No. 432 regarding the access road within the minor subdivision of James Dean located at Matti-tuck. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board accept the minimum requirement on the improvement of the right-of-way for issuance of the building permit providing that all --im rovementsr, pursuant to 280-a, are completed prior to the issuance of a certificate_ of occupancy for the access road within the subdivision of James Dean located at Mattituck. 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 the. Southold Town Planning Board set May 6 , 1985 , at 7 :30 p.m. at the Southold Town Hall, as the time and place for a regular meeting of the Planning Board. Vote of the Board: Ayes : Oir:lowski, Mullen, Latham, Ward,Edwards On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board set May 6 , 1985 at 7 :30 p.m. at the Southold Town Hall , Main Road, Southold as the time and place for a public hearing on the Question of approval of the major subdivision of Blue Horizons , located . Peconic . Vote of theBoard: Ayes : Orlowski,Mullen, Latham, ".Ward, Edwards On a motion made .by Mr. Edwards , seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board set, -Monday, May 6 , 1985 at 7 :45 p.m. ati-.the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question. of approval of the minor subdd_vision of Briscoe Smith, located at Fishers Ilsnad, Containing 4 . 15 acres . Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a motion made by Mr. Edwards , seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approves the use of Belgian Block for curbing in the subdivision of Sebastian' s Page 17 4/15/85 Cove, located at Mattituck, as approved by the Superintendent of Highways Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Being no further business to come before the Board, on a motion. made by Mr. Latham, seconded by Mr. Mullen, and carried, the meeting was adjourned at 9:30 p.m. Respectfully submitted, '-k OJA N- Rk"a-,' Diane M. Schultze, Secretary Southold Town Planning Board e ett Orlowski, Jr. , . Chairman RECEIVEt"`). AND FILED BY THE SOUTHOLD TOWN CLERK DATE 6/ 5/�� HOAR t'rTk;T�C , Totnin of out