Loading...
HomeMy WebLinkAboutPB-05/20/1985 1 gFO(,� P T LD Ln S Y Southold, N.Y. 11971 (516) 765-1938 The Southold Town Planning Board held a regular meeting on May 20, 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. Member Richard G. Ward Member Kenneth Edwards Executive Administrator Victor Lessard Town Planner David Emilita 7 :30 p.m. Public hearing on the question of approval of the final maps for the major subdivision of James W. Dawson located at Southold. Containing 14 .4 acres . Mr. Orlowski: I will dispense with the reading of the metes and bounds if there is any problem with that, speak now. (none) We have proof of publication in the Long Island Traveler. Watchman signed by Pat Wood, notorized by Barbara Forbes, and we have proof of publication in the Suffolk Times, signed by Anna Lekkas and notorized by Ann Abate. We have the filing fee, we have correspondence from Suffolk County Planning, and everything else in the file appears to be in order. At this time, I will ask if there is anyone out there in objection to this major subdivision? Hearing none, is there anyone out there- with endorsements of this subdivision? Mr. Cron: Yes , if it pleases the Board, I represent James W. Dawson and I can see that there are going to be questions raised regarding the Suffolk County Planning Commissions comments . I don' t know whether you wish to hold them until I request of the Board to approve the cluster subdivision now that it is in it' s final stage? Or do you wish to go into a discussion on those? Whatever you please. Mr. Orlowski: Yes , they have raised a few questions . You haven' t answered them as of yet? Mr. Cron: No, but I 'm prepared to answer them right here and now. Mr. Orlowski: Okay. Mr. Cron: If you wish. Mr. Orlowski: I can go over this with you. On question 1, the Suffolk Page 2 5/20/85 Mr. Orlowski: County Planning Commission has disapproved said map for the following reasons : 1 . No yield map was submitted with referral as required by the Commission requirements of notice to show how the yield of 7 lots was obtained, our calculations indicate that the yield should be 6 lots . Mr. Cron: Alright, why don't we go into that. The Board is well aware of the fact, we of course, had sketch plan approval of this subdivision approximately one year ago. In addition to that., Suffolk County Planning Commission reviewed the entire map back in September of 1984 at that point they raised no objection whatsoever as to yield requirements , in fact there only objection to the map at that time was to round off the corner on the Lot No. 4, which of course, we arlhered to that suggestion and did so . I am aware of the calculations for clustering in the ordinance, obviously. 'But, I would like to point that we didn.'t submit a yeild map to the Planning Board simply because none was ever asked for. However, I had one made before we decided to go into a cluster presenta- tion which I felt was in the best interest of the applicant, the property owners and incidentally the Town of Southold, to keep as much open. apace as possible. So, if the Board wishes to review, I will give you a sketch map of a conventional subdivision which clearly shows there is sufficient yield for seven lots . I would trust that if the Board is satisified with this, then on the basis of the facts that I have indi- cated to the Board and especially to the fact that there has been no such objection raised for well over a year regarding yield requirements I would ask you to consider that map as furnishing a basis for a cluster of 7 lots based upon the fact that the convential sketch map here shows clearly that you can get 7 lots. Now, you, may raise the question well, how about a park and playground. And, you are absolutely right but under the acreage that we are dealing with here it would require .72 of an acre and we have 44 , 000 sq. ft. of excess area in the layout of this subdivision, so I think the map, as you can see would clearly meet. the master plan requirements and it meet our current requirements . And, it is certainly within the spirit of the ordinance . Notwithstanding, the deliberate calculations that are set forth in the clustering. But, they deal with a situation in genarality, now they take a blank of 200 off, in this instance you don' t have to use that much area for your park and recreation and road. So, I 'm, on the basis of that, I would ask the Board pursuant to 106-50 that you can give relief from extraordinary circumstances to undo hardship and I think shows such a situation. So, I would ask you to override the County with respect to item No. l. Mr. Orlowski: Okay, I think Items No. 2 and No. 3 , they have been taken care of. Mr. Cron: I think ItensNo. 2 and 3 have been taken care of to the satisfication of the Board. Mr. Orlowski: Okay, and No. 4 , the layout. . . Mr. Cron: Valid point, I guess it should be amended in that regard. Mr. Orlowski: . . .negates access for Lot No. 4 . Mr. Cron: No objection to that. Mr. Orlowski: I think you have room to do that. Mr. Cron. No. 5 , I would like to deem invalid, when does the suffolk Page 3 5/20/85 Mr. Cron: County Planning Commission telling us we have to set aside land for a privately owned right-of-way, they might have a point if it was already dedicated. For which I would probably have no objection, but, I do object to them telling me that I should set aside land for that which is privately owned by somebody else, I don' t think they have a legal right to do it anyway. Mr. Orlowski: Does the Board have any quesions of Counsel? Okay, I believe you have answered them for us . Do you want to put that into writing for us . , for the file. Mr. Cron: I will do that, thank you. You are going to reserve decision, I assume. Mr. Orlowski: Yes , we are going to reserve decision as we always do. Mr. Orlowski: Any other endorsements 'of this major subdivision? Mr. Cron: Excuse me, has the Board decided any particular width as to that right-of-way that you would like with respect to the benefit of Lot No. 4? Mr. Orlowski: As long as you have access, 251 ? Is that too much? That is what we ask for on right-of-ways . Mr. Cron: It is solely to benefit Lot No.4 . We would prefer to keep it just for foot travel rather than vehicle. Mr.Orlowski: Is 20 ' okay? Mr. Cron: Along Lot No. 3 or Lot No.5, can we have a choice. Mr. Ward: You could put 10' on each lot. Mr. Orlowski: It is only an easement. Mr. Cron: It will only be utilized for Lot No. 4 , it is a valid point, just overlooked. Okay, I will send you a letter on No. 1 and 5 . Mr. Orlowski: One and four. Mr. Cron: Well, four will show the easement on the survey, but I will ask you to override no. 5 as well. Mr. Orlowski: Okay, any other endorsements? Hearing none. Anyone neither pro nor con but may have some information pertaining to this subdivision which might be of interest to this board? None. Any Boardmembers with questions, Mr. Mullen, Xnone) ; Mr. Latham (none) ; Mr. Ward (none) ; Mr. Edwards (none) . Okay, I will declare this hearing closed and thank you for coming down. Page 4 5/20/85 7 : 45 p.m. Public Hearing on the qestion of approval of the minor subdivision of Howard Rosenstone located at Cutchogue, containing 4 .745 acres . Mr. Orlowski: I ' ll dispense with the reading of the metes and bounds ; if you have any objections , please let me know. (none) . We have proof of publication in the Suffolk Times , signed by Anna Lekkas and notorized by Ann Abate. And, proof of publication in the Long Island Traveler Watchman signed by Pat Wood and notorized by Barbara Forbes . We have the filing fee, and everything else appears to be in order. I ' ll ask if there any objections to this minor subdivision? Hearing none. Are there any endorsements of this minor subdivision? Gary F. Olsen: I 'm Gary Olsen and I 'm an attorney having my office at Main Road, Cutchogue. I represent the applicant Howard Rosenstone . As you have said, everything is in order in this file, the total property area is 4 . 745 acres . Parcel No. 1 has an area of 2 .481 acres and parcel No. 2 2 .264 acres , which meets the Town requirements . We also have approval from the Suffolk County Department of Health Services for the subdivision. There is no reason for the Board not to approve it, and I respectfully request that you do so. Mr. Orlowski: Okay, any other endorsements? Hearing none. Is there anyone out there neither pro nor con but might have information pertaining to this subdivision which might be of interest to this Board? Hearing none. Any questions from the Board? Mr. Mullen, (none) ; Mr. Latham , (none) : Mr. Ward, (none) ; Mr. Edwards , (none) . Okay, I ' ll declare this hearing closed and thank you for coming down. On a motion made by Mr. Edwards , seconded by Mr. Latham, it was RESOLVED THAT the Southold Town Planning Board set June 10 , 1985 at the Southold Town Hall, Main Road, Southold as the time and place for the next regular meeting of the Planning Board. 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 Monday, June 10, 1985 at 7 :30 p.m. at the Southold Town Hall as the time and place for a public hearing on the question of approval of the minor subdivision of Ronald Strain located at Cutchogue. 4 lots on 8.6736 acres . 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 grant a 30-day extension on the action on the minor subdivision of Cranberry Acres , following a agentpubitu hea:ftng , P=suant to the request of the r the applicant. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Ewards Page 5 5/20/85 Blue Horizons- It was the consensus of the Board to hold this over since the applicant has requested to have some time to submit surveys . Briscoe Smith-It was the consensus of the Board to hold this over so the Board could make a field inspection as they would be visiting the island for a meeting. The applicant also had to respond to questions from the Board regarding the proposed subdivision. This proposal is located at Fishers Island, 4 lots on 4 . 1 acres . Dr. Joseph Lizewski site plan for racquetball courts at Cutchogue- Dr. Lizewski was present for this dicussion. He presented new maps for the site plan showing parking for 29 cars. The plan also provides for paving, concrete curbs , and the drainage pump will remain as it is now. Dr. Lizewski also presented a landscaping plan for the site . Mr. Orlowski noted that a condition of approval of the previous site plan for -Dr. Lizewski stated that the driveway from the Main Road be eliminated. Mr. Orlowski pointed that on this plan the driveway was not eliminated. Dr. Lizewski stated that he would eliminate the driveway on the new site plan. He stated that he would Depot Lane for the ingress and egress . The Board requested that the driveway be eliminated on the plan and, at the site. It was suggested that curb be continued around and perhaps trees could be planted to keep people from using it. On a motion made by Mr. Ward, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board refer the site plan of Dr. Joseph Lizewski for the constructin of two racquet ball courts to the building department for certification. Map dated April 6 , 1984 property located at Cutchogue. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards The following new proposals were set for a field inspection: 1. Howard Hoey-set-off of 1 acre from 38 acres at Main Road,Orient 2. Henry Arbeeny- 5 lots on 7 acres - 5 of the proposed lots are in a B zone, located at Corner of Kenney' s Lane and North Road, Southold. 3 . Deborah Edson- 6 lots on 12. 553 acres at Depot Lane, Cutchogue 4. H.M. Deamrest-2 acre set-off at Main Road, Orient 5. Joseph and Lee Pufahl- set-off of 4 acres at Sound Avenue, Mattituck 6. George Maragos-5 lots on 14. 374 acres at Kenney' s Lane, Southold. 7. Philip Reinhardt-set-off of 30, 758 square feet from 1. 63 acres at Pine Neck Road, Southold. Page --6 5/20/85 Field inspections cont: 8. Bernard and Jane Rousseau-Set-off of 2. 517 acres from 4. 942 acres at Alvah' s Lane, Cutchogue. On a motion, made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the sketch map for the minor- subdivision of Robert Melrose (William Wickham Property) located at Arshamomaque for three lots on 3. 547 acre in the B zone, map dated January 2, 1985. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Daniel Kaelin site plan- This proposal is for construction of a retail store for lawnmower equipment, located at Cox' s Lane, Cutchogue. This site plan has received certification from the Building Department. It was noted that this site plan can be for retail sales only, any repair work would need a special exception from the Board of Appeals. Abigail Wickham, esq. was present with Mr. Kaelin for the Board' s review. It was noted that the non-conforming set-back can only remain if the parcel is merged with the existing lot with a gas station on it. Otherwise, the site plan would need a variance on the rear-yard set-back. However, if the parcels merge then the new building can have the same set-back as the existing building. Mrs. Wickham indicated that she prepared a deed to merge the parcels so that Mr. Kaelin would not ' have to apply for a variance. Mr. Kaelin indicated that the building would be a Morton Building, which was already ordered therefore, he needed to obtain the Board' s approval as quickly as possible. Ms. Wickham said that if they merge the parcels to obtain site plan approval then they would apply. at a later date to split them and obtain a variance at that time. 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 Daniel Kaelin for the construction of a building for retail sales only of lawnmower equipment subject to: 1. The filing of a deed to merge the Kaelin property to the South with the property for the proposed site plan. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Nicholas Schick-Mr. William Esseks, attorney at Law was present ,for' an appointment to discuss this major subdivision at Orient for 20 lots on 46 acres in the cluster concept. Mr. Esseks reviewed the procedure for scheduling a preliminary public hearing regarding the approval fo the Health Department pursuant to Article 6. Mr. Esseks explained that this was appealed at the Health Department stage from Hauppauge to Albany. He reviewed correspondence regarding the reverse osmosis water treatement plant and the conditional approval of same from the State health office. Page 7 5/20/85 Nicholas Schick cont. Mr. Esseks stated that the Health Department .wants the reverse osmosis treatement plant .built .and tested to see to what extent modifications will need to be made for the plant to be approval. Mr. Esseks . said that he would like to obtain some approvals from the Board because he did not want to build the plant. Mr. Esseks requested that the Board schedule a public hearing using the corresondence as the approval for the water supply system, and he felt .the sewege system would be a traditional system, such as leaching pools, etc. Mr. Emilita stated that with regard to the Draft Environmental Impact Statement under Segra, they were still in the public comment period, therefore, he had nothing to add. He suggested that the Board receive some correspondence from the Health Department, not only from the State Health Office. Mr.Esseks questioned what would be needed to have a public hearing scheduled. Mr. Emilita stated that the Board needed some word from the Suffolk County Health Department. Mr. Orlowski stated that they could not have apublic hearing until the public comment period regarding the Draft Environmental Impact Statement was over. Mr. Esseks stated that he understood that the Board could not take action on the preliminary map,however, they could have the public hearing prior to the comment period ending. The Board agreed that they would like to receive . the input from the Suffolk County Health Department and then review those, prior to scheduling any public hearing. Mr. Orlowski stated that if the comments from the Health Department were received prior to the next meeting of June 10, then it could be scheduled on that agenda. Ernest Wilsberg lot line change-The Board made a field inspection. of the proposal to re-arrange 2 existing lots. It was noted that the applicant intends to make a smaller lot more conforming. Both lots will have access off of Olejule Lane,whereas, presently one lot has access only off a right-of-way. Both lots will be equal with the new proposal; and it is a better layout than previously, each lot containing approximately . 5 acres ± . On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the lot-line change for the "Lands of Wilsberg" , applicant Ernest Wilsberg, located at Mattituck, map dated February 13 , 1985. Vote . of ,the Board: 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 recommend to the Board of Appeal that the application of NIck Ippolito to 'set-off 5 , 500 square feet from 22 ,500 square feet at Southold 4r,- .denied since the Planning Board cannot endorse this proposal for substantially undersized lots. It was also noted that the road bed of Carole Road is being included in the square footage for Lot No. 1 Page 8 5/20/85 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 recommends that the proposed minor subdivision for Long Island Shores, at Greenport, contain two lots rather than four to conform to the zoning. These two lots would still require variances for insufficient width. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Lockwood and Lesnikowski-The Board reviewed this application to subdivide 2 lots at North Drive, Mattituck. The Board of Appeals was requesting a recommendtion from the Planning Board regarding this application. The Planning Board offers. the following comments for the Board of Appeals ' review: 1. This property (parcels 1 and 2) were two lots pursuant to the filed map of Shore Acres of 1914 and have now become merged. 2. It appears that the proposed change in the lot-line form the filed map is to provide sepearation for the existing houses, one of which straddles the lot-line. Peconic Homes-This proposed subdivision for 4 lots off a right- of-way from Sound Avenue, Laurel will be held over. The applicant is still negotiating with the Lot owner to the East regarding the right-of-way within the subdivision. On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board grant a 90-day extesnion on the filing of the preliminary maps for the major subdivision of Frieda Crowley at Southold. This extension is granted at the request of the attorney for the applicant in order that Article 6 approval may be obtained. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Henry Domalski set-off-The Planning Board reviewed the denial of this subdivision by the Suffolk County Planning Board. They noted the reasons for denial as follows: 1) the parcel 'set-off is landlocked, 2) a previous set-off was not referred, 3) they felt that this was piecemeal subdivision, and 4) there was a proceedural error Page ' 9 5/20/85 Domalski cont. - since the previous set-off was not referred, therefore that subdivision is defective. The Planning Board reviewed the correspondence from the attorney for the applicant. It was noted in this correspondence that the Board of Appeals has granted approval on the access road to the subdivision pursuant to 280-a of Town Law, and the previous set-off was approved by the Planning Board and was disclosed in the application now being reviewed, therefore, the attorney requests that the Planning Board override the County' s decision. 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 minor subdivi- sion of Henry Domalski located at Cutchogue. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Seven-Eleven Site Plan-The Board reviewed this site plan for construction of a storage building for bottles. It was noted that the Board of Appeals has granted approval with conditions on ' a variance for side yard set-back. The Board of Appeals is requesting that the easterly side yard remain open with an unlocked gate for emergency vehicles. The Plannig Board had previously recommended that the storage buildings be located in the rear of the Building. However, they had received permission for location in the side yard. On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board refer the site plan of Seven-Eleven at Cutchogue to the Building Department for certification. This site plan is for a storage building for returnable bottles. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Robert Entenmann-The Board reviewed this subdivision for 3 lots located at Sound Avenue, Laurel. It was noted that everything requested had been received. The surveys now show a 25 ' right-of-way on the property of Entenmann, as well as, a 50 ' right-of-way parellel to the Sound. On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of Robert Entenmann, located at Mattituck for three lots on 44. 213 acres, map . dated May 16, 1985 as last amended. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Genevieve Richards- The Board reviewed this site plan for a storage . building located at Southold. The Board of Appeals is requesting Page .10 5/20/85 Richard site plan cont. - a recommendation from the Planning Board on this site plan. The Board noted that at the March 4 meeting the Board reviewed this site plan and it was the consensus of the Board to forward the comments of the March 4 meeting to the Board of Appeals. It was requested, at that time, that the applicant furnish the Board with covenants and restrictions that the building will be used for storage only, however, none have been received. It was, also, noted at the meeting that the applicant does have the legal access over the right-of-way to the East of the site, however, the Board had not received a copy of a deed indiciating this. The Board, noted, that the zone line is indicated on the key map, however, is not on the site plan and should be to clearly indicate- the zoning of .the property. Mr. Ritchie Latham quetioned correspondence received calling the Board' s attention to an unsafe building at East Marion. It was noted that this communication had been forwarded to the Building Department with the Board' s recommendation that the necessary steps be taken to insure that the Building is either repaired or demolished. Mr. Latham also began .a discussion about fences being required around ponds. Mr. Lessard stated that he had spoken to the Town Attorney. The Town Attorney advised that the Building Department is bound to notify the party that they would be liable if an accident were occur, however, the Town has no other jurisdiction if it is on private property. Mr. Lessard stated that he still felt that the pond being constructed in the subdivision of Settlers at Oysterponds was violating the approed subdivision. Mr. Latham also questioned when the road would be improved since the applicant stated that this would be done. Mr. Orlowski questioned. if any building permits have been issued in this subdivision. Mr. Lessard stated that there has been one application, however, he would not issue it until the road is repaired as the applicant stated he would. Mr. Mullen suggested that the Board follow up with a letter to the applicant. Mr. Lessard stated that he strongly suggests that the applicant put a fence around the pond. 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: 00 p.m. Respectfully submitted,' 'Pi Diane M. Schultze,,.-. Secretary Southold Town Planning Board . Bennett rlowski, Jr. , airman ZECEIVED AND FILED BY 1�L THE SOUTHOLD TOWN CLERK DATE HOUR/-/.D5A/h Town Clerk, Town of Southold