HomeMy WebLinkAboutPB-05/21/1984 P D
T D
S Y
Southold, N.Y. 11971
(516) 765-1938
A regular meeting of the Southold Town Planning Board was held
at 7 :30 p.m. , Monday May 21, 1984 at the Town Hall, Main Road
Southold, .
Present were:
Bennett Orlowski, Jr. Chairman
William F. Mullen, Jr. , Member
G. Ritchie Latham, Jr. , Member
Richard Ward, Member
Victor Lessard; Ekecutive- Administrator
Dave Emilita, Town Planner
James Bryer, Assistant Town Planner
The Chairman introduced the new assistant Town Planner, Jim
Bryer, who will be in the Planning Board three days a week
for subdivision and site plan review.
7 :30 p..m. Public hearing on the question of,-approval of the final
maps of the major subdivision of Constantine Georgiopolous iacat-arl
at Southold.
On a motion. made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board dispense with
the reading of the metes and bounds for the major subdivision
of Constantine Georgiopolous.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
Mr. Orlowski:We have proof of publication of the Suffolk Times , - _
and we also have proof of publication in the Long Island Traveler
Watchman. In reviewing the file, we 'have the filing fee, pass
these maps out. We have comments from the DEC, we have co ents
from the Board of fire commiss'ioners,a decision has been mane
that one well he necessary to obtain sufficient water for
proper protection purposes , we have a letter going over to
the Town Board requesting the amount of the park and playground
fee. They will meet tomorrow and ".we will have the answer back
on that, any approval will 'be subject to receiving that fee.
pg (2) 5/21/84'
Mr. Orlowski: Ve have SEQRA action taken by`'the Town, everything
else seems to be in . order. At this time ° I will ask. for any objections
to this major subdivision. Ruth?
Ruth Oliva: May -I ask,' 'they do have County Board of Health approval?
. Mr. Orlowski: They do
Mrs Oliva: I am asking you. -
Mr. Orlowski: .Okay, any approval will be made subject to.
Mr. Latham: They do have it, it is on the map.
Mr. Orlowski: Is it on the map, Ritch?
Mr. Latham: Yes.
Mrs .Oliva: TYis .is not an- objection of the total project,. I speak
for the Board of Directors of the NFEC and for Mr. Kosamotis 'down
there, . Postis, Wjl-.d, Richters 'and I believe about two other people.
We all do not object to. the project as it . is, but we do , think
that ei#ht lots , are just too many, it is a swale area, which is
as you all know, Peconic Dunes camp is just .a continuation of that
whole area to the East. You. can.=>:find such plants in there as swamp
milkweed and cranberries, the wild cranberries which grow in the
boggy area. There is a- problem. with drainage ,,_,oh the lots to the
West, I 'be.lieve that is .7 and. 8: because that lies .in. a puddle of
water, probabi,y because of ..the clay underneath it: I understand-
that during this latest storm that most of that property was
underwater . so it was going to.. require quite a bit of fit-ling, therefore,
. we would hope .that .the Board will take note. of this and perhaps
make a 4-5 lots instead of ".` eight lots , which I hope you think
will be more feasible. Thank you.
Mr. - Orlowski: -Thank you. Is there anybody else .who has objection
to .this major subdivision? Hearing none. Is there in favor of
this major subdivision.
Ms.. Wickham:: Yes , Abigail Wickham. .I would .like to speak on
behalf of the applicant, the Georgiopolouses,_-.who are hear tonight.
This .subdivision has .been pending as you know for .over- two years,
it consists .of 8 one0acre lots in a neighborhood. that consists
primarily of half-acre lots so the lots are already considerably
larger than the sufrounding property The .Board of Health has . . .
The Board of Health Services endorsed its approval on the .map,
the maps have been - reviewed by the highway department, the conservation
advisory _coun.sel, . the fire commissioner and .6:slo the Suffolk County
Planning Commission. . There has been a negative SEQR determination,
and. the 'whole' subdivision has been subject to extensive review over
the past two years and I can't .see that any-need for any change be
forthcoming at this time.. Lots 2 and 8 have been subject to a
.building enve'iope concept in order to avoid the necessity of
variances down the road when building is made on these properties,
and .the Board has also reviewed the park and condition and has
waived that in lieu of a $10, 000 _deposit certainly any flooding
or anything of that nature will be handled by. not .only flood
..plain elevation if that does apply ' or any type of .building precautions
I think . there were quite a number ,of properties underwater .
recently and that shouldn't be a concern of the Board by itself.
Thank you..
pg (3) 5/21, 84
Mr. Orlowski: Yes , .on that park and playground, the Town Board
will come up:=.with' the fee.
Mrs. Wickham: I understand that, but the Planning Board did
discuss that figure sometime ago.
Mr. Orlowski; Yes , but we have a regular formula written. right
into the code that the Town Board will have to come up with,
they are responsible for that.
Mrs . Wickham: But - the Planning Board -had. reviewed._ it and --I.. - '-
sent that contract and what not and they came up with a fee
of $10, 000.
Mr. Orlowski: Well, we will see what the Board says tomorrow.
They are meeting tomorrow and we will have that. Is there anyone
else in. favor? (no response) Ls there anyone neither pro nor
con but that has any information pertaining to this subdivision
that would be of interest to the Board at this time. Hearing
none, I will ask questionsof' the Board. Mr, Mullen (no questions) ;.
Mr. Ward (no questions) ; Mr. Latham (no questionsl . Then if
there are no further questions I. will deem this hearing closed.
Thank you for coming and by the way congratulations .
Mrs Wikkham:. Thank you.
Mr. Joseph Fischeti was present to discuss an 'amendment to thesite plan
of Eastwind Shores located at Southold. He explained that after
taking over the project -he found some errors and now to correct
ahem, he ..would like to obtain approval of relocation of the curb
cut as well as construction of 'a berme along the front of the
project (that area bordering County Route 48) . Mr. Fischetti
explained the reason for the curb cut was to move the road
away from the first unit and for .safety reasons . He explained
the purpose for the berm- was to block the North wind and to
create a more interestigg landscape rather than the flat land.
He stated that the existing grading will not change that much,
however, with the construction of a berm; and. he further added
that this berm will not be just. a .wall. Mr. Fishett.i told the
Board that he had received a permit from the .County for the
construction of the amended curb cut; which will create a
90 degree curb cut rather than a 45 degree one .. It was the
consensus of the Board that this amendment to the site plan
. was favorable.
ON a motion made by Mr. Mullen, sec.on ded by Mr. Ward it was
.RES.OLVED .that the Southold Town Planning Board refer the amendment
to the site plan of Eastwind Shores for the construction o
a curb cut and a berm. to the Building Department for certificate n.
Vote of the Board: Ayes: Orlowski;Mullen, Latham, Ward
pg (4) 5/21/84
k1r. Howard Young was present to discuss the cluster proposal
of Mohring Enterprises located at Mattituck: Mr. Young explained
that the proposal contains 6 residential lots and 2 business
zoned lots , the business lots contain 30,000. + square feet and
the residential lots contain 80,000+ sqr. feet. Mr. Young
explained that when the wetlands and business areas are deleted
4...7 lots are the _yeild with the cluster computation. Mr. young
added that if the Planning Board would not approve of having
.7 lots- with the cluster compuation, then the applicant would
rather submit the coventional subdivision with 8 lots . The
Chairman stated that if the yield allows for only 4..7 lots then
that is all the Board can approve. Mr. Young questioned wether
4 .7 lots were rounded up to. 5- lots or. down' to 4 lots . The Chairman
stated that the Board may need to get an opinion from Tasker, the .
Town Attorney; however, they felt that it would be 4 lots. The
Mr. Young then stated that he would rather submit the coventional
subdivision as presented to the Board. The Board questioned
if the applicant would be willing to submit a proposal with
5 residential lots, rather than 6, using the cluster for a total
of 7 lots . The Board felt this would be a' better plan than
the convential subdivision.It was the consensus of the Board
that they will review the cluster concept in the ordinance
and request revised maps indicating the 5 residentail cluster
with the 2 business lots .
Mr. and Mrs Mead were present to discuss the minor subdivision
of the Charles Simon Estate located at Peconic. The Board questioned
whether they would covenant and restrict against any future
subdivisoon of lots No. 1, 2 , and 3. in perpuity , and the
applicants stated that they would agree to this if the Board
required it.. It was the consensus of the Board that a
field inspection of the property would be done prior to
any action.
gr'. John Bertani and Mr. Alexander Koke were present for
a pre-submission conference to discuss a site plan for ,
proposed retail stores at Southold. The Board noted that
serveral plans were submitted and they requested that all
the information be on one pian prior to referring it to
the building department for certification. The Board
also requested a key map included on the survey and
suggested that Mr.. Bertani and Mr. Koke contact the
County for a curb cut with possibly one egress and ingress .
The other items requested to. be included on the survey
were: 16 additional,. parking spaces , drainage, name of
adjacent owners , easements if any, and grading.
On a motion made by Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board refer the
,gite plan of. Anthony Marshall, located-at-Fishers Island,
for the placement of a storage building to the Building
Department for certification.
Vote of the Boai: Ayes : Orlowski-,.Mullen, Latham,Ward,
pg. (5) 5/21/84
Zohring Enterprises , located at Peconic- The Board noted
that the survey indicated that this is a minor subdivision,
however, it _contains five (5.) . 1.6ts . The Board requested
clarification from the applicant as to how he wishes
to proceed with. the application; as the map presently
indicates, it ,will have to be handled as a major
subdivision.
On a motion made by Mr. Ward, seconded by Mr. Latham it was
. RESOLVED that the, Southold Town Planning Board disapprove
the subdivision of Loretta DiMaggio located at Southold
due to the insufficient area of the lots.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward--:,-
The Board also questioned the use of the house and garage in
the future.
Simichich, located at Mattituck Mr. Charles Cuddy; esq.
was present on behalf of Mr. Simichick.
On .a motion made by Mr. Ward; seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board disapprove
the subdivision of John Simicich. located at Mattituck, due
to the insufficient area of the lot, ..which would be created
by the subdivision.
Vote of the Board: Ayes: .Orlowski, Mullen, Latham, Ward
The Board also noted that if the applicant seeks a variance
from the Board .of Appeals for insufficient area, a 280-a
approval will also have to be given as the access road is
outside the subdivision and not in Planning Board jurisdiction.
R_osenstone located at. Cutchogue- It was the consensus of the
Board to call. in the attorney For the applicant to discuss
placing covenants and restrictions on the lots as to no further
subdivision in perpuity, as well as , other proposed subdivisions
in the area and the possibility of both subdivisions using
the same access. road.
,nomalski-located at Cutchociue-It was the consensus of the
Board, following a field inspection, to suggest- to the
Zoning Board of Appeals the following information since
.the application is' presently before them for insufficient
area and width variances
1. A 50' strip through the farm reserved as .a paper road
pursuant to the .Master Plan. THIS will not infringe upon
the subdivision . but should be..considered . at this time.
pg (6) 5/21/84
Domalski cont.
2 '. This was handled as a set-off- by the Planning
Board in 1983 . There ' are no covenants regarding
re-subdivision..
It was the consensus of the Board to hold this application in
abeyance until all variances and 280-a. access. approval is
granted.
Meskouris located at Mattituck=The Board requested a key map
to be included on the survey. A field inspection was made
and the Board. .' suggested 'making provisions for the
reservation of a 50 ' strip for a. paper road to be dedicated
to the Town at some future date, pursuant to the Master Plana
TheBoard. will hold the 'application in abeyance until
research is done to determine the SEAR process for set-offs.
jettieri located at East Marion-Board member G. Ritchie
Latham was. to make a field inspection of the area, however,
since there was no .key map and. the lots were not staked he
had difficulty in determining the amount of area which
was wetlands . There-. was questions as to the buildability
of Parcel A with regard to the amount of wetlands . It was
the consensus of the Board to request a key map and contours
on the survey, as well as , stakes to. delineate the location
of Parcel A.
Horton Change of zone located at Cutchogue- The Board requested
that Mr. Horton be scheduled for an appointment with the Board
in order to provide clarification as to what is being proposed.
The Board had a question as to- whanthe applicant was selling
the lot_ to, as well as , who the owner of Lot No. 3 was .
Yowalski and Berry located at Southold-Following a field - inspection
of the site for this site plan for construction of a fish market
and office buidling, the Board requested the following information.
1 . Retail sales area.
. 2 . Type of offices proposed and if these are to be. ommited at
this time, delete them. from the plan and re-submit.
3 . . A11 site plan elements to be included on one plan.
pg (7) 5/21/84
Mr. William Peters was present to discuss the proposed
addition to the Cutchogue Library, located at Cutchogue.
Mr. Peters presented a new survey to the Planning Board
for their reivew and explained that the library has
the option to buy 'the buiding" and land under certain
conditions . These conditions include no parking. fields
added, any extension. be single story located in the
rear of the church, and that the original architecutural
character of the church be maintained. It was noted
that the ordinance contains certain requirements for
a library. The Board questioned the parking presently
at the site and the additional proposed. They suggested
possibly uti.liz-Ing the Town parking field in the area.
It was the consensus of the Board to make a field inspection
prior to any action.
On a motion made by Mr. Ward, seconded by Mr. Mullen , it was
RESOLVED that the Southold Town Planning Board recommend to
the Southold Town Board that the relief petition of Edward
and Charles Nalbanti.an be denied since there was no public
hearing held on the preliminary maps of this .major subdivision
prior to. May. 20, 1983 .
Vote of the Board: Ayes:Orlowski,Mullen, Latham, , Ward •
On a motion made by -Mr. Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning' Board recommend to
the Town Board that the relief petition of Theodore H. Smith-
III and Briscoe R. Smith, located at Fishers Island, be denied
since sketch appoval was not::granted prior to May 20, 1983
on this minor subdivision.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward ,
On a.,motion made by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board recommend to the
Southold Town .Board that the application for a change of zone
in Southold for the Peconic County Miniature Rail Road, Co. , Ltd.
be denied as it. does not conform with. the present or proposed
Master Plan. for the Town of Southold.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward,, -
"Southold Mall" site plan located at Southold. Mr. James Gray
was present to discuss this proposal or 1 stores , he
requested that the Planning Board forward this site plan to the
building department for certification. Since the Town Planner
had not reviewed this plan the Board stated that this should. be
done prior to refferal to the building department.
pg (8) . 5/21/84
On a motion made by. Mr. Mullen, seconded by Mr. 'Ward it was
RESOLVED that the Southold Town .Planning Board refer the site
plan "Southold Mall" a proposal for 7 retail stores, 1 restaurant__
and an- add.ition on an existing restaurant, located at Southold,
mapped May 3 . , 1984 to the Building Department for certification
subject tothe Town Planner's review.
Vot eof the Board: Ayes: Orlowski, Mullen, Latham, Ward.
Grigonis-set-off. located. at Southold. The Board will hold this
application until research is done to determine the SEAR process
for set-offs.
Plock-set-off located at -Southold. _ The Planning Board will hold
this application in abeyance until research: :is done to determine
the SEAR process for set-offs ..
On a motion made by Mr. Mullen seconded by Mr. Ward it was
RESOLVED that the Southold. Town Planning Board gpprove the.
Eet-off of Pipes Cove Corp.- .located at Greenport, dated
November 17 , 1983. subject to the filing of thecovenants'
and restrictions as approved by the Town Attorney, with the
County Clerk. (106-13)
Vote of the Board: Ayes: Orlowski, Mullen., Latham, Ward
Leon Marcus minor subdivision located at Greenport. Mr. Charles
Cuddy was present to discuss this proposal .-
On a motion made by Mr. Mullen, seconded by Mr. Wa;�rr. it was
RESOLVED that whereas , a formal application for the approval of a
subdivision plat entitled "Leon Marcus" located at Greenport
was submitted to- the Planning Board . onJanuary 28, 1983 and,
a filing fee was paid on December 7 , 1983 .
WHEREAS, a public hearing on said subdivision was held at
the Town Hall, Southold, New York, on April 9, 1984 at
7 :30 p.m. , and
WHEREAS the requirements of the Subdivision Regulations of
the Town of Southold have been met by said subdivision plat
and application,.
NOW, therefore, be it RESOLVED that the application of. Leon
Marcus for approval of said . subdivision plat prepared by R.
Van Tyle, mapped. November 4 , 1982 and amended Jan. 17 , 1983 ,
Nov. 1.0, 1983 , Nov.. 28 , .1983 and last amended Feb. ..16 , 1984
be approved and the- cha.irman be authorized to endorse approval
on said subdivision plat subject to the following conditions
within six months from date of resolution:
pg (9) 5/21/84
Leon Marcus Cont.
1. No further subdivision of Lots 3 and 4 in perpetuity.
2 . The building envelope will set back 100' from the
shore _line on Lot 2 .
3 . Should the Nature Conservancy not accept the parcel,
said owner will covenant and restrict the land
never to be subdivided again nor built on in perpetuity.
4 . The. conditions 1-3 inclusive shall be filed as
covenants and restriction sin the office of the
County-Clerk .on or .prior to granting approval of
this subdivision.
5 . The subdivision. will be made subject to the applicant
posting a bond with the Town in the approved amount
of $9130.00.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
ON a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning .Board accgept and request
. compliance with the report No 361 of- Inspector-John- W. Davis
for the access road within the subdivision of ,6urtrude Duchow
lcoated at Peconic • with the amendment of line 42 to read as
follows : Widen existing road in the 25ft R.O.W_ to 15 ft _
Widen on the right side.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board _set June 4 , 1984
at 7 :30 P.m. at. the Southold Town Hall , Main Road Southoldas
the time and place for th next requ r me t;ng, of the Planning
Board.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, -Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board accept .the
suggested resolution of F J Yakaboski, esq regarding the
_access road report of the right-of-way within the subdivision
of James Manos at Mattituck subject to the. withdrawal of the r
article 78 against the Planning Board. Said resolution reads
as follows :
' Pg ( 10) 5/21/84
WHEREAS,. on the 6th day of February, 1984, this
Board adopted a resolution wherein it accepted the report
of inspector John W. Davis, designated Report No. 340, with
respect to the minor subdivision of James Manos at Mattituck,
and,
WHEREAS, as adopted, said resolution is unclear as to
what portions of the report constitute requirements and which
are recommendations which need not be acted upon by the applicant,
NOW, THEREFORE, BE IT
RESOLVED, that the raod report of Inspector John W. Davis ,
dated January . 7 , 1984 with respect to the subdivision of James
Manos, des.ignated . as Report No. 3.40, be accepted and, based upon
such report and all other submissions to. this Board in connection
with the above-referenced minor subdivision,. this Board determines as
follows : .
1. That the applicant, in. constructing the access road
or right-of-way to Lot 4 as shown on said subdivision plan,
be required to proceed -in accord withthe recommendations
numbered -.1 through 6 of said report: `
2 . The applicant, ,James Manos, however, may, subject to
approval .of thisBoard, use alternate materials in the construction
of sa:id .raodway; and .beit
FURTHER RESOLVED that when construction, such roadway or
right-of-way may be used as access to Lots 2 and 3 , as well as
Lot 4 as. shown' on said subdivision plan; and be it
FURTHER RESOLVED, that the applicant not be required to
construct a berm on the south property line of Lot 2 or on
the west property line of Lot 4 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RSOLVED that the. Southold Town Planning Board amend condition
number 6in the resolution of conditional a proval dated May 71
1984 to read as follows :. The riqht-of-way shall be offered
for dedication as a Town Road; in the minor subdivision of
obert and Jean Lenzner located at Mattituck
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward
Samuels minor subdivision located at Orient. The Board again
reviewed this proposal and noted that the Town is considering
pruchasing this property, however, Mr. Samuels will not make
a donation to the Town. It was also noted that the Town owns
land 50 ' e.way from the property. The Planning Board will hold
this application until a decision is reached by the Town Board
regarding the purchase of this land.
pg (11) 5/21/.84
On a motion made by Mr.. Mullen, seconded by Mr. Latham it was
RESOLVED that--the Southold Town Planning Board declare lead
agency with regard to the. State Environmental Quality Review
Act for the minor subdivision of Stephenson Beach, Inc. . located
at Orient-East Marion. An initial determination of non-
significance has been made.
Vote of the Board: Ayes: ORlowski,Mullen, Latham, Ward;
On a motion made by Mr.Latham, seconded by Mt. Ward it was
RESOLVED that the Southold Town Planning Board :grant sketch
.approval to- the- minor subdivision of. Stephenson Beach, Inc.
located at Orient-East Marion .dated February 27 , 1984
subject to the following covenants and restictions:
1. No further subdivision in perpuity
2 . Suffolk County department of Health services
approval of the water of lot No. .3 prior
to obtaining a building permit for this lot.
.Vote of the Board: Ayes : Orlowski,Mullen, Latham, Ward
Ruth Oliva discussed the bluff erosion and the Breaker' s
at Island Proposal. pending before the Board.
Mr. Mullen questioned the floating docks being placed at
Cleaves Point. It was noted that the DEC should be
contacted for informationas the Trustees have no. jurisdiction
over this issue.
Being no further business to come before the board, Mr.
Mullen made a motion to adjourn, seconded byMr. Latham and
carried. Meeting adjourned at 10: 00 p.m.
Respectfully submitted.,
j �t
Diane M. Schultze, Secretary
Southold Town PlanningBoard
0-
RECEIVED AND EILED BY
Bennett Orlowski, J . , Chairman THE SOUTHOLD TOWN CLERK
D HO
Town Clerk, Town of Southold