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Southold, N.Y. 11971
(516) 765-1938
The Planning Board held a regular meeting on June 24, 1985 at
7: 30 p.m. , in the Southold Town Hall,Main Road, Southold.
Present were:
Chairman Bennett Orlowski, Jr.
Member William F. Mullen, Jr.
Member G. Ritchie Latham, Jr.
MemberRichard G. Ward
Member Kenneth Edwards
Town Planner James Bryer
Executive Administrator Victor Lessard
Community Christian Fellowship-
Mr. Daniel Reiter was present for a pre-submission conference
to discuss the site plan of the Community . Christian Fellowship
for construction of a church located at County Route 48, and
Old Middle Road, Mattituck. This site is approximately 22
acres. It was noted that the application is also pending before
the Board of Appeals for a special exception. The dimensions
of the building are 20 ' X 80 ' with a second story. Mr. Reiter
presented renderings of the building for the Board' s review.
He also explained that the building will be moved to the site,
however, because of the renovations, only the existing frame
will be used. Mr.Reiter stated that the property will be
bermed and the entrance will be on the meeting floor level,
with the Sunday school on the ground level. In this way, also
they would not need an elevator. The Board suggested that they
obtain a curb cut from Old Midle Road, rather than the County
road. The Board requested another set of site plan and will
make a field inspection prior to any further action.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board set July 8, 1985 at
the Southold Town Hall, Main Road, Southold, as the next regular
Planning Board meeting.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Page 2 6/24/85
On a motion made by Mr. Latham, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board approve the minutes
of the regular meeting of March 18, 1985
Vote of the Board: Ayes: Orlowski, Mullen, Latham, WArd, Edwards
On a motion made by Mr. Ward, seconded by Mr. Latham, it was
RESOVLED that the Southold Town Planning Board approve the mintues
of the regular meeting of April 1, 1985
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 approve the minutes
of the regular meeting of April 15, 1985
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
RESOLVED that whereas a formal application for the approval of a
subdivision plat entitled "Ronald Strain" (application by Lucy
and Richard Miraglia) located at Cu.tchogue was submitted to the
Planning Board on July 3, 1984, and , filing fee was paid on July
3, 1984, and,
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Southold, New York, on Monday, June 10,
1985 at 7: 30p.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 Lucy and
Richard Miraglia for approval of said subdivision plat prepared by
Donack Associates and entitled" Ronald Strain" dated August 3 , 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. Latham, seconded by Mr. Mullen , it was
RESOLVED that the Southold Town Planning Board forward the site
plan for Briden Machine Shop (Alfred Bouffaurd , owner) , for
construction of industrial building for a machine ship, tot he Building
dpepartment for certification subject to receipt of three surveys
Page 3 6/24/85
Alfred Bouffard, Briden Machine, cont.
withthe following information and revisions :
1. Minimum set-backs as per the Board of Appeals resolution.
(23 ' from the Long Island Railroad, 15 ' from property of Penny,
and 23 ' from property of Bouffard) .
2. Landscaping along Westphalia Avenue
3. Roof drainage to drywells in parking area
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Guy Sobering-The Board reviewed this proposal for 2 lots on
2. 911 acres at Sound Avenue, Mattituck. Board of Appeals has
granted an insufficient area variance. It was the consensus
of the Board that the application could be handled as a set-off.
It was requested that the applicant amend the application to be
a set-off.
Dr. Lizewski site plan - The Board reviewed this site plan
for construction of a racquet ball facility at Cutchogue.
The Board read a letter in the file from the architect, Garrett
Strang, requesting that the Board allow the existing driveway
to be open for emergency ingress and egress. On the previous
site plan for this property, the Board approved a plan which
eliminated this drive-way onto Main Road. The Board agreed
that since the original approved plan did not include this
driveway, the driveway should be off the present site plan.
The Board felt that the ingress and egress off Deport Lane was
sufficient for the project. They noted that it would be hard
to restrict traffic to that of only for emergency vehicles.
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 Dr. Joseph Lizewski and supplemental landscape plan for
the construction of a racquet ball facility at Depot Lane,
and Main Road, Cutchogue, plan dated April 6, 1984, subject to
removal of the access from .the Main Road.
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 Plannig Board request compliance
with Inspector John W. Davis ' report NO. 450 regarding the improvements
Page. 4 6/24/85
on the right-of-way within the subdivision of Alexander Enterprises
located at Mattituck.
Vote of the Board: Ayes : Orlowski;Mullen, Latham, Ward, Edwards
Walter and Marilyn Gatz-The Board noted this property had been
staked, as requested. This proposal is for construction of
retail and restaurant at County Route 48, Mattituck. (Formerly
"The Hut") . Town Planners David Emilita and James Bryer made
a field inspection of the premises. It was indicated that
more information is needed on the site plan regarding set-backs,
and they would like to the principal entrance at Middle Road,
rather than on to the County road. They also requested that
consideration be given to moving parking from under the high
tension electrical wires. Mr. Ward indicated that when the '
actual square footage for retail space is computed, some of the
parking may be eliminated. The Board also questioned the small
car parking indicated on the plan, since it is not mentioned in
the Town, Code. Mr. Lessard, who also looked at the property
pointed out -to the Board that the East property boundary slopes
down and he cautioned that adequate drainage be provided so that
the drainage does not go onto someone elses property. Mr. Lessard
also recommended landscaping under the electrical wires rather than
parking. It was .the consensus of the Board to request more site
plan information on the plan and upon receipt of same will make
another field inspection. arid review. The Board concurred that
consideration be given to more landcaping and no parking under
the electrical high-tension wires.
On a motion made by Mr. Latham, seconded by Mr. Edwards, it was
RESOLVED that the Southold Town Planning Board request compliance
with the previous recommendation that the proposed storage building
for the Seven-Eleven Stores located at Southold, Cutchogue, and Greeport,
be located in the rear of the buildings.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Mr. Philip Ofrias, attorney, was present to discuss his proposal
for a subdivision known as "Arshamomague Island" located at
Southold, for 4 lot son 18 3/4 acres. The Board questioned
the boundary line running through, the wetlands since their
was no clear description of this boundary. Mr. Ofrias explained
that the wetland is 10 acres or so, which is adjunct to the18
acres of woodland. Mr. Ofrias explained to the Board that when
he purchased the property they received the portion of the wetland
that was owned by the grantor and it is their proposal that,
subject to the subdivision approval, Lot No. 4 would also carry
with it, that portion of the wetlands which we are able to convey.
which is what they received from the grantor. Mr. Ofrias also
Page 5 6/24/85
Ofri.as "Arshamomaque Island" cont.
that he had title work on this propoerty and going back 100 years,
the exact property line was never defined. Mr. Ofrias stated
that Lot No. 4 of the subdivision would also contain the area of
the meadow, and all the lots will contain the minimum lot area,
and only 4 homes will be built, . The Board questioned covenants
and restrictions and Mr. Ofrias stated that he would agree to
place covenants as to no further subdivision in perpetuity on
the subdivision and has submitted them for the file. Mr. Ward
questioned the topographical information noting that the contours
are from an old aerial from suffolk County. Mr. Ward stated that
the problem is that with the five foot contours, and the guarantee
on it is plus or minus a contour, so the survey could be off 10 '
in elevation. Mr. Ofrias stated that the reference was the county
map and that he also had a map with two foot contours. Mr.Ward
stated that the Board is looking for a closer approximation of
the contours. Mr. Ofrias presented a copy of the county map
with contours, which the elevations are keyed to. Mr. Ward stated
the ground survey may show up something totally different because
of the generalization of the present survey. Mr. Ward suggested
that Van Tuyl should run some correlation. He stated it was
the Board' s concern to known how much property is above the 10 '
contour. It was suggested that Mr. Van Tuyl prepare spot grades
for the property, and some base line, from a monument on the
area. It was the consensus of the Board to contact the town attorney
on the matter of the boundary line for the wetland area. Mr.Ofrias
stated that the center line of gutter as a boundary line for other
side of the property was an established line and was in the deeds,
however, there is nothing clear regarding where the gutter ends.
Mr. Orlowski stated that the Town attorney would be contact because
the Board would not be able to clearly create lots with no exact
boundry line.
Henry Arbeeny-Mr. Rudy Bruer, attorney was present to discuss this
subdivision of 8 lots on 7. 5 acres at the corner of Kenny' s Road
and County Road 48, Southold. This property has the zoning
bondary line running through it, splitting the property between
A residential and B business. The present layout indicates
that many of the lots created will be split in the two zones.
The Board noted that this would be a problem in the future
because the .more predominate zone would prevail and that would
be the Residential zone. Therefore, all of the business zoned
property would have to be used for residentail or have a
variance. It was the Board' s recommendation to have six lots
rather than eight and then all the lots would be either residential
or business, and none would be split. Mr, Lessard quoted from
the town code the section applying to this propoerty ( Section 100-
22 D) which indicates that when a property is split between
zoning bondaries, and more than 50% of the area of the lot is
in the less restricted district the regulations of the zoning
for the less restricted district will apply to the entire
parcel. Mr. Bruer stated that by preparing the map as per
the Board' s recommendation, he would loose a residential lot.
Mr. Orlowski stated that he would actually loose two lots,
however they would be more marketable because they would be
not split with the zoning line. Mr. Bruer stated that they
may apply to have the zoning boundary extended, howver, that would
be the Town Board. Mr. Bruer stated that he would go back to his
Page 6 6/24/85
Henry Arbeeny cont .
client. Mr. Orlowski stated that the Board felt that the present
lot would also create problems if it is-used as a business zone
since there wold not be enought area for parking.
Papadopoulos and Maragos-Mr.Rudy Bruer, attorney, was present
for the Board' s discussion on the major subdivision for 51ots
on 14. 374 acres at Kenny' s Road, Southold. TheBoard noted that
they were not in favor of the "T" . shaped lot and preferred that
this be developed as a minor sudivision. The Board also questioned
a possible road for future tie into the land to the East of the
subdivision. It was also noted that if the subdivision is
developed as a major, since there was no land reserved, a fee
would have to be paid for park and playground. Mr. Bruer stated
that he would go back to his client with this information and
would let the Board know how they wish to proceed.
Mt. Beulah Aces-Mr. Bruer, attorney, questioned the Board about
the release of the letter of credit for the road in this subdivison.
The road was provided for future construction if the remaining
land to the East was ever developed. Mr. Bruer requested that
the Board consider releasing the letter of credit and accepting
the road for future dedication. The Board stated that they
would review this matter and advise him at a later date.
Alice Hussie- Alice Hussie was present to discuss her proposed
site plan for a tenis/ racquetball facility located at Hortons
Lane, Southold. It was noted that since this proposal lies in
a B-1 zone, it will require a special exception from the Board
of Appeals. The Board stated that an application should be made
to that Board since no action can be taken on the site plan
until the special exception is granted. The Planning Board
would however make a recommendation to the Board of Appeals.
Mrs. Hussie explained that there were 4 indoor and 4 outdoor
courts proposed. She stated that the building would be metal.
Mrs. Hussiestated that eventually the building may be for
3 indoor tennis courts and two or four racquetball courts.
The Board also questioned if an office would also be in the
building. . Mrs. Hussie stated that it would be a 3 , 000 square
foot building that would house lockers, changeing rooms, offices,
an observation area. Mrs. Hussie stated that a facade would be
built. She also indicated that no food would be served. It was
the consensus of the Board to conduct a field inspection prior
to any further action, the Board also requested a rendering of
the proposal and advised the applicant to file with the Board
of Appeals.
Page 7 6/24/85
Florence Rolle - The Board reviewed this set-off for 2 lots
on 30 , 822 square feet at Ole Jule Lane, Mattituck. It was
noted that the Board of Appeals requested a recommendatin from
the Planning Board. The Board felt that they cannot endorse
this for such small lots since even the original lot is less
than o ne acre. It was the consensus of the Board to hold
this application in abeyance pending action by the Board of
Appeals on the insufficient area, width and depth variances.
Walter and Frank Sawicki-The Board reviewed this proposal which
was submitted as a set-off for 13 , 160 square feet from 8. 6 acres
to merge with the existing house lot at North Road, Southold.
The Board noted that no covenants and restrictions had been
submitted to the file. Any approval would be subject to the
condition that the 13 , 160 would merge with the house lot.
It was the consensus of the Board that this could be handled
as a lotline change since no new lot was being created. The Board
requested new survyes indicatingthat the proposed Lot No. 1 will
merge with the house lot of Frank Sawicki, and eliminating the
current rear yard line of the house lot, to further clarify that
it will be a merger. The Board also requested covenants and
restrictions that the parcel will be merged to the house,
owned by Frank Sawicki. Upon receipt of the above information,
the board will reschedule this on the next available agenda.
On a motion made by Mr. Ward, seconded by Mr. Latham, it was
RESOLVED that the Southold Tow Planning Board accept Inspector
John W. Davis ' report NO. 454 regarding the final access road
inspection on the right-of-way within the two adjacent subdivisions
of G.L. Penny IV and Robert Johnsen at Southold.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Maarten van Hengel-The Board reviewed this proposal for 2 _ 1ots on
4. 5 acres at Fishers Island, which was submitted as a set-off.
Ken Edwards made a field inspection of the premises. Mr. Van Hengel
met with the Planning Board members when they visited the Island
for the Master Plan meeting. It was noted that this conforms with
the FIDCO map which was adopted by the Board. On a motion made
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board declare themselves
lead agency under the State Environmental Quality Act for the
set-off of Maarten van Hengel located at Fishers Island.
An initial determination of non-significance has been made.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards
Page 8 6/24/85
Maaretn van Hengel cont:
On a motion made by Mr. Edwards, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the set-off
(106-13) of Maarten Van Hengel located at Fishers Island, for two
lots on 4. 50 acres, plan dated as last revised May 28 1985.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
The Board requested that Member Richard Ward submit the FIDCO
map to the Suffolk County Planning Commission for their review.
It was noted that this was an old Olmstead Map.
On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was
RESOLVED that the Southold Town Planning Board declare itself lead
agency under the StateEnvironmental Quality Review Act. for the major
subdivision of Richard J. Cron located at Laurel.
Vote of the Board: Ayes; Orlowski, Mullen, Latham, Ward, ' Edwards
On a motion made by Mr. Mullen, seconded by Mr. Edwards, 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 major subdivision of Richard J.Cron is for 6 lots on 13 . 894
acres, located -at Aldrich Lane, Laurel. Tax Map 1000-125-2-1. 1.
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
Becuase there has been no response from the Department of
Environmental Conservation in the allotted .time, it is assumed
that there isno objections or comments from that agency.
The Suffolk County Health Department has no objection to our
designation of . lead agency status, and they are in aggreement
with our initial determination. They have received an application
Page 9 6/24/85
Negative Declaration
Richard J. Cron, - cont.
and as of 1-22-85 were waiting for final maps. The Health Department
is requiring a note of the subdivision map as follows: Due to
water quality problems in the area, wells may have to be deeper
during construction. The subdivision is in conformance with
Article 6.
The Project will meet all the requirements of the Code of the
Town of Southold Subdivision of Land Regulations.
Further informatin can be obtained by contacting Diane M. Schultze,
Secretary, Southold Town Planning Board, Main Road, Southold, New
York, 1971.
Vote of the Board: Ayes: Orlowski, Mullen, latham, Ward, Edwards
On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was
RESOLVED that teh Southold Town Planning Board set July 8, 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
majorr subdivison of Richard J. Cron, located at Laurel.
Vote of the Board: Ayes: Orowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board declare themselves
lead agency under the STate Environmental Quality REview Act for
the lot-line changes for Thomas Conway and Joseph A. Conway,
located at Southold. An initial determination of non-significance
has been made.
Vote of the Board: ayes : Orlowski, Mullen, Latham, Ward, Edwards
It was the consensus of the Board to request a new survey for the
lot line changes of Thomas and Joseph A. Conway with the following
information:
1. Key map or location map
2. Existing acreage of the lots
3. A notation that the property of Joseph M. Conway is to be
merged withthe house lots .
Page 10 6/24/85
Conway lot-line changes Cont.
The Board also requested covenants and restrictions indicateing
that if approval is granted the property will bemerged to the house
lots. This information is requested to clarify that separate lots
will not be created.
Ruth and August Bohn: The Board will set this proposal for a set-off
to re-separate merged lots for a field inspection. This proposal
is also before the Board of Appeals for an insufficient area variance.
It was the consensus of the Board to hold this application in
abeyance pending the action by the Board of Appeals regarding the
variance application.
On a motion made by Mr.Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board recommend to the
Town Board that the propoged Local Law to) p:ovide for the Regulation
of Horses be approved.
Vote of the Board: Aye: Orlowski, Mullen, Latham, Ward, Edwards
It was also noted that perhaps the Section of the ordinance amended
should be 100-30 AM rather than 100-30 B (4) as stated on the
proposal.
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board recommend to the
Town Board that the Proposed Highway Specifications and Standard
Sheets, as last revised June 14, be approved and adopted.
Vote of the Board: Ayes; Orlowski, Mullen, latham, Ward, Edwards
The Board thanked Mr. John W. Davis and Raymond Dean for all their
efforts in creating and revising the new highway specifications and
standard sheets. They commented that their work resulted in an
excellent document. It was the consensus of the Board to send
correspondence to Mr. Dean and Mr. Davis thanking for them for
their dilligent efforts.
Page 11 6/24/85
On a motion made by Mr. Edwards, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board set July 8 , 1985
at 7: 45 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 minor subdivision of John and Catherine Simicich located at
Mattituck.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
Nichols Schick-The Board reviewed the correpondence from the Health
Department regarding the Draft Environmental Impact Statement
filed for this cluster subdivision of 20 lots on 47 acres located
at Orient. It was the consensus of the Board to forward this
correspondence to the applicant in order to respond to the Health
Department' s concerns. The Board requested Article 6 approval
or comments prior to scheduleing a date for the public hearing on
the preliminary maps.
William and Helen Coster-The Board reviewed this site plan for
construction of a funeral parlor at the corner of Main and Harbor
Roads, Cutchogue. Mr. Richard Lark, esq. and the applicants were
present. The Chairman refrained from any discussion regarding this
site plan. It was noted that this application received a special
exception from the Board of Appeals with conditions. The applicants
presented a rendering of the proposal for the Board' s review.
Mr. Lark explained that he had requested this appointment in order
to review the Board of appeals decision and obtain all of the
Planning Board' s recommendations so that the final site plan can
be drawn. Mr. Ward commented that pavement could go for 22 '
and the rest of the area could be grassed. The applicant noted
that they accepted the Board' s request . for sugar maples as street
trees and included them on the survey. Mr. Lark stated that the
Board of Appeals wanted screening from the residential area, and
that was a condition of their approval. The Board of Appeals
requested evergreen trees 4 ' high as screening, for 25 feet and
the extending the west for 150 ' 6 ' high evergreens and stockade
fencing to be 28 ' south of the Main Road. Regarding the lighting
the Board of Appeals requested "mushroom" type lighting. Mr. Lark
indicated that the lighting would be all around the parking area.
However, the applicant questioned what to place in the "over-flow"
parking area, for employees. The Board that the same type
of lighting also be place. in this area, since there was a need
for it. The Board stated that the applicant should install
lighting with a "black-out" feature so the light is retained on
the property. Another condition of the Board of Appeals approval
is to not have lighting that will be obtrusive to neighboring
properties. It was the consensus of the Board to leave the
lighting off the building, since there was no way to keep the
lighting from the neighboring property. It was also noted that
Page 12 6/24/85
Coster site plan cont.
any change in the use or building would require the applicant to
go back to the Board of appeals. Regarding the drainage, it was
explained that a test boring was done on the site and the soil
was relatively sandy. The Board requested that a drainage plan
be submitted. On the parking area, the Board requested that the
parking be paved with asphalt and the overflow and employee parking
would be blue stone. The Board discussed drainage with the asphalt
parking. Mr. Lessard noted that the site must keep drainage off
the highway. It was noted that with asphalt more drainage will
be required since there is no natural perculation. Mr. WArd
suggested that the drains could also be placed on the grassed
area. Mr. Lark indicated that Mr. Coster would like tohave
all the approvals so that he can break ground on Labor Day,
and open on or about January 1, 1986, since he plans to leave
his present operation and would like to be here full time.
After receipt of a site plan with all the information, the Board
will refer it to the Building Department for certification.
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 : 38 p.m.
Respectfully submitted,
T
ane M. Schultze, Secretary
Southold Town Planning Board
'Bennett Orlowski, Jr. airman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE i o/aal�5 HOUR
Town Clerk, Town of Southo rd