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HomeMy WebLinkAboutPB-10/07/1985 P �f D T LD S � � Y Southold, N.Y. 11971 (516) 765-1938 The Southold Town Planning Board held a regular meeting on October 7, 1985 in the Southold Town Hall,Main Road, Southold, NY Present were: Chairman Bennett Orlowski, Jr.. Member William F. Mullen, Jr. Member G.. Ritchie Latham, Jr. Member Richard G. Ward Member Kenneth Edwards Town Planner David Emilita Asst. Town Planner James Bryer Executive Administrator Victor Lessard 7 : 30 p.m. Public hearing on the question of approval of the minor subdivision of Robert J.Miller located at Fishers Island, 3 lots on 15 acres. Mr. Orlowski: I would like to call this meeting to order. We have proof of publication in the Suffolk Times, signed by Mary Degnan and notorized by Ann Abate, we also have proof of publication in The Day, signed by Jay Zilenski and notorized by Beverly Prescott. We have the filing fee and everything else is in order. At this time, I will ask if there are any objections to this minor subdivision? Hearing none, are there any endorsements of the subdivision? Mr. Miller: Mr.. Orlowski, my name is Robert Miller, applicant. As I am sure you all know, this application has its impetus from the local charity when they asked us to give a perpetual conservation easement on a portion on the property.. We were pleased to do that over the request however, we wanted to confirm that we still had three building lots. The road to the property is in existence and the utilities are in place. The only other property to be served by the road is already developed so the three additional building lots are all that will be considered in the area. I respectfully request that the Board approve it. Mr. Orlowski: Are there any other endorsements of this subdivision? Hearing none are there any questions from the Board? Mr. Edwards, this is your area, (none) Page 2 10/7/8 5 Mr. Orlowski: Mr. Ward? , (none) , Mr. Latham? Mr. Latham: Yes, Just one. What. is the term on the conservation easement? Mr. Miller: It is perpetual. Mr. Orlowski: Mr. Mullen, (none) , Mr. Emilita (none) , Mr. Bryers (none) . Okay, being as there are no further questions, I will declare this hearing closed and thank you for coming. * * * * * * * * * * * On a motion made by Mr. Mullen, seconded by Mr. Edwards, it was RESOLVED that the Southold Town Planning Board accept and request compliance with Inspector John W. Davis ' report NO. 478 regarding the improvements required -on the access road for Frank Wockenfuss , located off Soundview Avenue, Southold. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward, Edwards Emilia Pike - The Board reviewed this application which was a revision of a previous application. The Board of Appeals had denied a variance on the previous map and this new submission also needed Board of Appeals approval. It was the consensus of the Board to conduct afield inspection prior to any further action or recommendations. The7 : 45 p.m. appointment for Ed Pressler and the 8 : 15 p.m. appointment for 'Frank and Diane Ammirati had been cancelled since both applicants had submitted site plans and as a result of the recent moratorium on site plans, the Board could not take any action. The applicants will be advised to request a waiver of the moratorium from the Town Board. Papadopolous and Maragos - The Board reviewed this sketch map for 5 lots on 14 acres at Kenny' s Road, Soutold. Mr. R. Bruer, esq and the applicants were present. It was noted that in previous discussions, the Board recommended a minor subdivision of 4 lots, however the applicants did not want to amend their application. David Emilita pointed out that there is a LILCO tower on the property not just an easement and the Board must be cognizant of that. Mr. Bruer stated that there are LILCO towers on the property across .the street from this property and they are not afecting the homes. Mr. Bruer also stated that lots have been created previously with this LILCO easement and while it does lessen the value of the lot, it can still be developed. The Chairman asked for covenants and restrictions on lot No. 3 which is the largest. Mr.. Bruer stated that he would agree to covenants Page 3 10/7/85 Papadopolous and Maragos cont. - which prohibit future subdivision without Planning Board approval. He stated that the subdivision layout met all the area requirements. The Board questioned if the applicants would deposit a park and. playground fee in lieu of land reservation. Mr. Bruer stated that the applicant would prefer this. It was the consensus of the Board to conduct a field inspection prior to any further action or recommendatins. Mr Charles Cuddy , esq. was present for an appointment regarding the major subdivision of Nicholas Schick located at Orient. This proposal is for 20 lots on 47 acres in the cluster concept. Mr. Cuddy .was present for William Esseks, esq. Mr. Cuddy presented a copy .of a letter from Mr. Pontura of the Health Department. The letter was regarding the Board' s requirement that there be .approval from the Health 'Department prior to a .public hearing.. The Health Department has made a conceptual approval that the water supply system meets their approval, but they wnt us to get DEC approval. It is requested that the Planning Board schedule a hearing based upon the correspondence from the Health Department. The Chairman noted that Mr. Emilita was present at the meetng at Hauppauge with the Health Department and the applicant. Mr. Emilita stated that the letter does reflect what was discussed at that meeting. Mr. Emilita questined the subdivision and SEQRA. He stated that some sort of approval was needed from the Health Department as far as the water supply system. At this point this is as far as the Health Department feels it can go with this application pending preliminary application . by the Planning Board at which time the applicant then has to get DEC approval, State Health Department approval and County Health Department approval. Mr. Emilita stated that at this time this is as far as the health department can go and the correspondence does answer the line items which were questioned. Mr. Emilita stated that this is an unusual condition due to the characteristics of the land. Mr. Cuddy requested that the Board set a date for a public hearing. The Board noted that if a hearing date was not set, the application would be left in limbo. Mr. Latham stated .that the Health Department has given only conceptual aproval. The Board noted that b yfinal hearing every approval from all other involved agencies must be submitted and in the file. Mr. Cuddy stated that the Health Department was saying that from an engineering point of view, the concept is feasible. On a motion made by Mr. Ward, seconded by Mr. Mullen., it was RESOLVED that the Southold Town Planning Board set a preliminary hearing on the prelminary map . for the major subdivision of Nicholas Schick located at Orient for 20 lots on 47 acres in the cluster concept. (tentative hearing date 11/18) Vote of the. Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Page 4 10/7/85 Nicholas Schick cont. : Mr. Emilita pointed out that the Board should make their SEQRA determination at the next Planning Baord meeting, however, the time period had not begun for either an environmental impact statement or a negative declaration. * * * * * * * * * * * On a motion made by Mr.Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board override the resolution of the Suffolk County Planning Commission regarding the set-off for John Simicich located at Mattituck, for the reasons set forth in the correspondence from the attorney for the applicant. Vote of the Board: Aye: 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 accept and request compliance with Inspector John W. Davis ' report NO. 480 regarding the required improvements within the subdivision of Blue Horizons located at Peconic. Vote of the Board: Ayes: Orlowski, MUllen, Latham, Ward, Edwards On a motion made by Mr. Latham, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board accept and request compliance with the report of Inspector John W. Davis, No. 482, regarding the required improvements within the subdivision of Mohring Enterprises, Inc. located at Peconic. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards * * * * * * * * * * * * The following new proposals were set for a field inspection: 1. Virginia Hairston - 2 lots on 1. 5 acres at Carroll Avenue, Peconic. This proposal needs a variance on the lot area. 2. Sunbow Assocites - 3 lots on 4. 176 acres in B-1 zone at Main Road, Mattituck. This proposal needs a variance on lot width. 3. John Zuhoski, Jr. - set-off of 8 acres from 41. 272 acres off Oregon Road, Cutchogue. The Chairman has abstained from any discussion regarding this proposal since the applicant is his uncle. Page 5 10/7/85 Cont. for field inspections: 4. Wallace McCarvill- set-off on 42, 911 square feet located off a private road, from Soundview Avenue, Southold. 5. D & K Milhaltses - 8 lots on 15. 832 .acres at Bergen Avenue, Mattituck. 6. Anna Loria - 2 lots on 15, 297 square feet at First .Street, New Suffolk. THis proposal requires an area variance. 7. Rollins and Andrews - re-.division of 2 lots on 58, 895 square feet at Grand AVenue, Mattituck. 8. Charles Bowman - 2 lots .on 7 acres at Main Bayview Road, Southold. 9 . Cecil Young - set-off of 80, 000 square feet from 24 acres at Main Road, Mattituck. This proposal has insufficient depth and would require a. variance if the lot line is not adjusted.. 10 . James Bailey - lot-line change located at Fishers Island. Ken Edwards will inspect this property. 11. Frances Frisbee - lot line change to remove an encroachment of a tennis court located at Nassau Point. William F. Mullen, will inspect the premises. Nick Ippolito - The Board reviewed this set-off to create two lots on 22, 500 square feet. It was noted that this application had received area variances from the Board of Appeals, with conditions. It was noted that there were two small cotteges existing onthe property, which is located at NOrth Raod, Southold. The Board had previously recommended to the Board of Appeals that this application be denied. On a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board deny 'the set-off of Nick Ippolito .since this would set an unworkable precedent for the remainder of the premises, and the Board is not in favor of the lot layout including. the right-of-way. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards John Sepenoski - The Board reviewed this proposal for a set off of 85, 124 squre feet from 3 . 9 acres at County Route 48 , Soutohld. It was noted that the applicant had two houses on the single piece of property. The Town Board had granted approval for a trailer permit, however, a modular home was constructed. It was the consensus of the Board to hold this application until articel 6 approvalis granted. Page 6 10/7/85 On a motion made by Mr: Ward, seconded by Mr.Mullen, it was RESOVLED that the Southold Town Planning Board aprove the set-off for Antone Grigonis, Jr. , for a two-acre lot located off a right-of-way from Old North Road, Southold, subject to the following conditions : 1. Access approval (280-a) from the Board of Appeals 2. Article 6 approval from the Suffolk County Department of Health Services regarding the water and sewer. Vote of the board: Ayes: Orlowski,Mullen, Latham, Ward, Edwards Isadore P. Krupski - The Board reviewed this proposal to set-off two acres from 9 . 467 acres located at County Route 48 , Cutchogue. It was understood that the set-off would be used for a nursery operation. The Board noted that they had previously recommended that nursery operations and any agricultural operations contain a minimum of 10 acres. The Board has recommended that service businesses should not be in an agricultural - residential zone. The Board also questioned Mr. Krupski' s intent for the remainder of the property. The Board stated that they felt that nursery operations should not be an agricultural zone, however, according to the definiation from the NY Agricultural and Market, the minimum size is 10 acres. It was the consensus of the Board to request that the applicant schedule an appointment with the Baord at the next regular meeting. * * * * * * * * * * * * 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 minor subdivision of Salvatore DiChiara is a set-off located at Main Road, Southold. Tax Map No. 1000-75-7-9 . The project has been determined not to have a significE�..nt effect the environment for the following reasons : Page 7 10/7/85 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 NY State Department of Environmentla Conservation in the alotted time, it is assumed that there are no comments or objections from the from that agency. The Suffolk County Department of Health Services has no objection to our designatin of lead agency. They are in agreemtne without intiail determination. There is no record of an application to that department. The proposed project appears to conform to Suffolk County Article 6 in regard to lot size. Test hold and test well data will be required with application for Realty Development Approval from the health department. The test well from the residence may be used, but new sampling will be needed with an analysis for organics, etc. 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 On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the set-off of Salvatore DiChiara located at Southold, for a two- acre lot, map dated as last amended August 16, 1985; subject to the following conditions 1. Approval from the Suffolk County Department of Health for water and sewer for realty developments, under Article 6. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards C.-Bruce Staiger - The Board reviewed this proposal for a set-off to reseparate merged lots located at Wells Road, Peconic. An inspection of the premises was made. It was noted that this proposal is before the Board of Appeals for an area variance and they had requested our input. On a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Baord recommend to the Board of Appeals that the application of C. Bruce Staiger, Page 8 10/7/85 C. Ltu.c,e Staiger cont. for a set-off at Wells Road, Peconic, be denied since it is not conforming with the current two-acre zoning. 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 lot-line change application of Salvatore Rizzo located at Soundview Aveune, Southold, map dated August 10, 1985 subject to: 1. Parcel B mergine with Parcel C and Parcel B not to be considered a new residential lot. Vote of the Board: Aye: 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 accept and request compliance with the resolution of the Suffolk County Planning Commission dated September 9 , 1985 regarding the set-off of Joseph and Lee Pufahl located at Sound Avenue, Mattituck. Vote of the Board; Ayes: Orlowski, Mullen,Lathem, Ward., Edwards John J. Breslin - The Board reviewed this proposal to be known as Vine View located at County Route 48, Southold, 4 lots on 18 . 348 acres. The Board requested that the applicant appear at the next regular meeting to discuss the possibility of clustering..on the property. Gerard Doroski - The Board reviewed this application for 3 lots on 7 acres off a right-of-way from County Route 48 Peconic. The Board noted that part of the property adjoins the property of the above mentioned subdivision for Breslin. Mr. Emilita made a site inspection of the premises and he noted that there is standing water there and it appears to be mined. TheChairman stated that there was a sand pit on the property at one time. Mr. Bryer requested a county topographical map. It was the consensus of the Board to make a field. inspection on the premises in conjunction with the subdivision of Breslin and review the tax map s for the parcels. Page 9 10/7/85 North Road Associates - The Board reviewed this proposal for 4 lots on 16. 886 acres off a right-of-way from Main Road, Orient. Mr. Latham questioned the right-of-way over the Dorskoski property and the Board questioned the applicants intent regarding the future of the large lot. It was the consensus of the Board to call the applicant in regarding this. subdivision at the next regular meeting. The Board also discussed the possiblity of clustering. On a motion made by Mr. Mullen, seconded by Mr. Latham, it was: RESOLVED that the Southold Town Planning Board set Monday, . October 21, 1985 at the Southold Town Hall as the time and place for the next regular Planning Board meeting. . Vote of the Board: Aye: 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 8 : 49 p.m. Respectfully submitted, iane M. Schultze, Secretary Southold Town Planning' Board ehnett Orl wski,Jr. , C irman R"EC- IVED AND FILED BY T11-11 SOUT11OLD TOW14 CLERK DATE HOUR Town Clerk, Town of Sout old'