HomeMy WebLinkAboutPB-06/04/1984 P �
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, June 4, 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
James Wall, Member
Victor Lessard, Executive Administrator
David Emilita, Town Planner
James Bryer, Town Planner
7 :30 p.m. Public hearing on the question of approval of the
preliminary maps of Laurel Estates located at Laurel. +
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 Laurel.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Wall, Ward
MR. Orlowski: In review of the file, we have proof of publict.ti-on
from the Long Island Traveler Watchman -signed by Pat Wood and
notorized by` Clement Thompson., and also have proof of publication
in the Suffolk Times, '-signed by Susan Wood and notorized by
-Judith A. Chein. We have the . filing fee, we have correspondence
from the Department of Health 5ervices,• we have the long
environmental assessment form, we' have negative declaration . from
the PlanningBoard under the .State Environmental Quality Review
Act, we have correspondence. form the Department of Planning
in this correspondence it is the opinion of _the Suffolk County
Planning Commission will consider this proposed subdivision to
be .unsatisfactory unless the following information is provided
purpose of lot 16 , if this lot is to be subdivided further, any
further, why has not an over all layout plan be developed with
a proposed street tie-'in to Aldrich „Lane, 2 . purpose of open
space area and why is this parcel landlocked. 3 . If this is
a cluster subdivision a yield map must be provided and 4 . covenants
and restrictions that would be palced upon this subdivision to
insure that the open space area may never developed and does not
pg•2 6/4/84
Mr. Orlowski: end up .in County ownership, beca.u5e of nonpayment
of taxes, Charles .Lind, Department of Planning. Correspondence
from the Superintendent of Highways, he:"-has no problem withit.
Inspection .report. from Mr. J. Davis , we have .a copy of the
covenants and restrictions which have been approved by. .,.
no, the Town attorney has not sent these back yet, they are.,,
at the Town Attorneys right now,the covenants. and restrictions.
We have communications ' from'.the`"applicant and=:the. applicant's
attorney and that pretty well completes the -file. At this -point
I' ll ask if anyone here has..any objections to this. major subdivision .
Hearing none. Are there any endorsements?
Mr., Bruer: Yes , Mr. . Bruer, on behalf of the applicant.. We hav:�
.been over .this bedore, I would like to answer a couple: of questions
this was . the Health Department. Lot 16 is a covenant th;ht you
referred to Mr. Chairman-
Mr. Orlowski: Right.
Mr.. Bruerc It.. states pretty much that lot 16 will never be furt_it,ar
subdivided-into anything less , .more than excuse me . a 4. lot. mino.r
subdivision. With .respect to this landlocked piece, it, it
the intention that the will remainopen spa-ce .and. not used for
anything else other than maybe possibly agriculture, vineyard,
that type .of thing, there- would not be any further residential
use.
Mr. Sailand: Perpetual Open Space
Mr. Bruer: Perpetual open space.
Mr. Orlowski: What is the access to it.
Mr. David .Saland: The access would come trought lot 16. . . We will
retain ownership of wone .of.. .the lots with the well and place 15
acres into grapes on this parcel,. we plan. to do another 15 acres
of grapes here. . , Our well and most of our equipement, our drip
irrigation will be located upfront, that would be .the. access ;
with theminor subdivision road cutting up here, . cul-de-sading
for the four lots .
Mr. Orllwski: The four lots you are talking would be on, 16 .
Mr. Saland: That is right, which is 24 acres .
Mr. Orlowski: Right,-but-you would always have access to the
open space. NOW, you are planting on the open sapce land?
Mr. Saland: Perhaps.
Mr. Orlowski: Cause that would have to go into a. . .
Mr. Saland-: Would be if we . specifidd that the grapes would
be nursery stock.
Mr. Orlowski: You planted 15- .acres of grapes here., and you are
going to plant 15 acres of grapes there.
MR.. Saland: Perhps . We don't want ,to lock our selved into it,
Pg 3 6/4/84
Mr. Or Will there be an owners association here, , computed
into . the cluster, and they will retain the grapes and everything
that will be there..
Mr_ „ 5aland: Yes .
Mr. Orlowski: The vineyard goes with the lots then?
Mr. Saland:W;ell,. it pays the taxes . The pr.oblem, ' at least in my
mind, . with cluster is the owners association:.who. .ma.intains .this
in a large bit,.. who mows the. rye grass , who takes careof liability
who pays .the. taxes . The larger the 1cIuster, the more problems
you have with it. We lease it and we maintain. it, we cut the
rye grass, and we plant the grapes, it solved it for the owners
and they know they can walk inand have their trails and respect
the to town park here They have the use of the.. . . overlooking
the .whole area, and you know it enhances the whole area.
Mr. Orlowski: But you can't pick the grapes.
Mr. Saland: No, you can't pick the grapes .
Mr. Orlowski: Go ahead Mr. Bruer, excuse me .
Mr. Bruer That is basically it.
Mr. Orlowski: Okay, anyone else with= any endorsements 'of this
subdivision? (none) Ts. there anyone hear that is neither pro.
nor con but with information pertenant to this subdivision ?
Taking input from the . Board,` Mr. Mullen (none) ;: Mr.. Wall (none)
Mr. Latham- (none) ; Mr. Ward. (none).;' Mr, ,Emilita do you have any
questions'? (_none) ; alright, at ' this time I will declare this
hearing closed and thank you all. for coming.
Mr. Bruer: Thank you very much. .
Penelope and Pasquale Gemma Site Plan-Ms . Agibail Wickham,esq.
and Mr. and Mrs. Gemma were. prese_ t for this; presubmission
conference to discuss the site plan for a restaurant and
gift' shop in an existing build.ing .with .an addition. . Ms . Wickham .
presented. to the. Board-6 copies of the surveylincluding a key
.map., as well as, a floor plan of the building. .This site is
located in a BI zone, and the building was used previously as
a pre-existing residence. Mrs . Wickham explained thatthe •
restaurant would contain 66` seats and-4 at the bar for a total
of 70. , the gift .shop would be 200 square feet. She stated :the
access is shown with a 20 foot entrance/exit and the design of
the parking and driveway was set: out in order, to preserve the
trees which .are on the property and quite old'. (one is a very .
large beech, and one is a very large poplar) The proposed
parking would be located in. the back where it; has been cleared
out andthere are .no. large trees- in- the area. ! The Board, questioned.
if all the existing old trees would ..remain and.the applicant
stated that he intended to preserve them. Ms . Wickham, stated
that the addit on. would contain. the kitchen, and the. handicapped
restrooms. , and the gift shop. The board questioned the proposed
.curb cut and theapplicant stated that he had been told by the
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pg 4 6/4/84
Gemma: site plan cont.
tree experts that to pave the drive under the beech ,tree would
compact the soil and probably kill: the tree, which is a
20.0 year old tree . Mr. .Emilita questioned the . same thing may
occur with the poplar and the applicant stated that that tree
has a diffrent root system and the. beech tree is older and needs'
less compacted soil. Mr. Emilita stated that on his site
inspection he noted the roots of the poplar were protruding
from .the soil. The Board also questioned if 'there were
going to be any habitable quarters upstairs , 'and the applicant
stated that the upstairs would contain an office and storage
only, due to the fact that the fire code would not permit
living space in. that area. The applicant did not be using
the adjacent barn,. however, it would -be -fixed up to prevent
vandalism.. It was the consensus of theBoard to. conduct afield
inspection of the property .prior to any action..
Samuels minor subdivision located at Orient. Following an
on-site inspection of the property,. the Board reviewed the
survey, The Board had noted that there appeared to be
discrepancies with the survey., and the- n2and .' It was -
also noted that the applicant had applied to the DEC for
a permit and the .Chairman. read the legal notice which the
DEC had published. It was the consensus. of .the Board- to
forward :to. the DEC a. letter indicating the Planning Board' s
concerns.
On a motion made by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board state their
objections to the DEc regarding the application of Thomas Samuels
for a tidal wetlands permit which are as follows:
1. No evidence was. found that a proper topographic survey
was performed on .the site..
2'.. The location of mean high water-an on 'site, inspection reveals
that. mean high water was found to be at elevation five (5)
according to the .survey received by this office .
3 . That the. existing dike has been interrupted (cut through)
to drain the property.
4 . That the ..sanitary systems, due to the high ground water
table and the low elevation of the property, may seep due
to the groundwater run-off back into the bay.
5 . Due to the approximate mean high water line, that the
Tot sized may be reduecd below the zoning 'requirements .
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward, Wall
The Board had also checked the flood map and noted that it was
elevation A 'on--the map. Ruth .Oliva present correspondence to- .
the 'Plann-ing~Board indicating the -test hole data for -applications
pg. 5 6/4/84
Samuels located at Orient. cont.
to. the Suffolk County Department of Health Services on surrounding
land. It was th e consensus of the Planning Board to request
from the applicant a topographic- survey -indicating th emean
high water, wetlands . area., actual location of the dike, and
elevations at 1 ' intervals.
Mr. William Ashworth and Mr. Arthur Smith also expressed
their. objec.tions to this proposal , ..as well as, Ruth Oliva..
They. all commented that they don't want .to see Hallock's
Bay polluted as it is a source for .the, local fisherman.
Mr. Orville . Terry expressed his objection with. this proposal
and stated .that he strongly disagreed with the -Negative Declaration
to be issued to the Cross Sound Ferry proposal located at
Orient.
On a . motion made .by Mr.. Mullen, secoride3by Mr. Latham it was
RESOLVED that .the Southold Town P.lanning:.Baord approve the m;mites
of the regular meeting of March 12 , 1984 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham,. Wall, Ward
On, a- motion• made by Mr. Mullen, seconded by- Mr'. Latham it was
RESOLVED that the' Southold Town Planning .Board approve the minutes
of the regular meeting of April 9 ; 1984 .
VOTE of the Board: Ayes--. Orlowski, Mullen, Latham, Wall, Ward
On a motion made by Mr.. Mullen, seconded by .Mr. Latham it was
RESOLVED that-the Southold Town Planning .Board approve the
minutes of the special meeting of March. 30, 1984 .
Vote of the Board: .Ayes: Orlowski, MUllen, Latham, Wall, Ward
On a motion made by Mr. Mullen-, seconded by Mr. Latham it was
RESOLVED thatthe Southold T5,Rn Planing Board approve the
minutes of the specialmeeting of April 2 , 1984..
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall , Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the SoutholdTown Planning Baord approve the
minutes of the speci:a-l: meeting of April 12, 1984 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
On a motion made .by Mr. Mullen., seconded by Mr. : Latham it was.
RESOLVED that the Southold Town Planning Board approve the
minutes of the special. meeting .of April 23 , ; 19
Vote of the Board: Ayes :Orlowski, .Mullen, Latham, Wall , Ward
pg.6 6/4/84
Henry Smith located at Peconic. The Board reviewed the new
proposal following afield inspection. They noted that Lot
No. 1 is undersized since 40, 000 square feet is the minimum lot
requirement for a lot in the"C." Industrial Zone. This would
therefore, require a variance from the Board of Appeals . The
Board also questioned the private road to Lot No. 2 .
The Board reviewed the cluster proposal for Richard Young,
located at Cutchogue. Mr. Richard Young was present to
discuss this withthe Board. He stated that he had submitted
two plans , and would also consider donating some land to the
Cutchogue Fire Department. The Chairman stated that the
Board favored the. open space, however, would review the
proposal . It was the consensus of the Board to make a
field inspection prior to any action.
Mrs . Judy Pascucci was .present for a presubmission conference
to discuss the site plans for .the 7-11 stores located at
Cutchogue, Southold, and Greenport for the construction
of a storage shed for returnable bottles . She presented
a photograph of the storage buildings explaining that these
will be located on the side .of the existing buildings and
two locations, Cutchogue and Southold would require variances
from the Board of Appeals for insufficient setbacks . The
Board questioned the drainage from the buildings and it was
the consensus of the Board to make a field inspection prior
to any further action.
Dr. Joseph LIzewski was present for a presubmission conference
to discuss the proposal for a storage building. This is an
amendment to an approved site plan, located at Cutchogue.
The Board questioned the proposed use of the building since
storage is such a broad term. Dr. Lizewski stated that
he planned to use this for the storage of glass products
for a company-, and the building would have no windows or
doors. The Board requested covenants and restrictions
on the use of the Building which will be for storage only
and any change of use will have to have the approval of
the Planning Board.
On .a motion made by Mr. Mullen, seconded by Mr. Wall it was
RESOLVED that the Southold Town Planning Board refer the site
plan amendment for the, construction of a storage shed to the
Building Department for certification. This site plan is
for Dr. Joseph Lizewski and located at Cutchogue. .
Vote of the Board: , Ayes : Orlowski, Mulled Latham, Wall , Ward
pg. 7 j - 6/4/84
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On a motion made by Mr. ..Wall, seconded by Mr. Mullen it was
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RESOLVED that the Southold Town Planning Board declare itself
lead agency with regara to the sites pan of crn S.au�l—Ze�ry
Services located at Orient under the State Environmental Quality
Review Act. An initial determination of non-significance has
been made.
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Vote of the Board;Ayes': -Orlowski, Mullen, Latham, Wall
Abstained: Ward due to .fact that Mr. IWard's firm
had been hired by the Town regarding the use of State Funds .
On a motion made by Mr. Latham, seconded by Mr. Wall the
following action was taken:
NEGATIVE DECLARATION
i
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 describedlbelow has determined that the project will not
have a significant effect on the environment.
DESCRIPTION OF ACTION
The Site: plaW for-Cross 'Sound Ferry Services, located at
Orient for the construction of a ferry terminal.
The project has , been determined not to. have a significant
effect on the environment. for the following reasons :
An environmental assessment has been submitted which
indicated that no significant adverse effects ' to the
environment were likely to occur should the project
be implemented as planned.
Because there has .been no correspondence from the Department
of Health Services within the al•otted time , it has been deemed
that there are no comments or concerns from that agency.. '
Because '. .'there has been no correspondence from the Department
of Environmental Conservation in the al'otted, time it. has been
,deemed that there are , no comments or concerns from that
agency.
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 Roan, Southold, New York
11971
Vote of the Board Ayes: Orlowski, Mullen,l Latham', wall:
Abstainedl; Ward, due to the factjthat .Mr. Ward' s firm
had been lhired by the Town regarding the state funds .
pg. .8 5/4/84
Charles Simon Estate . located at Peconic: The Board made a
field, inspection of the property, however, prior to any
action by the Planning Board , they request covenants and
restrictions as mentioned at the May 21, 1984 meeting
which were:
1. No further subdivision of Lots No. 1, ; 2 ,. and 3 in
perpuity.
2 . Any further subdivision of Lot No. 4 will constitute
a major subdivision.
Blue Horizons located at Peconic. The Board reviewed the
major subdivision of 7 lots and noted that the covenants
and restrictions, stating that Lot No. 7 of 48 .7 acres
is not to be further subdivided in perpuity, -had been
approved by the Town Attorney. The Board expressed concern
that the right-of-way be improved, however, they favored
the lay-out.
On a motion made by Mr. Ward, seconded by Mr: Latham it was
RESOLVED that the Southold Town Planning Board approve the
sketch map of Blue Horizons for seven lots located at Peconic
anu dated March 19 , 1983 and amended April 10, 1984 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
Howard Rosenstone located at Cutchogue-Gary Olsen, esq. was
present to discuss this minor subdivision. . The Board noted
that a new map containing a , ,.key map had been' received. Since
the lots are oversized, the Board requested covenants and
restrictions as to no further subdivision in perpuity. It
was also noted that this same subdivision was applied for
previously and hhe. same covenants and restrictions were
requested, however, never complied with therefore it was
never finalized. The Board . stated that they were requesting
same and Mr. Olsen stated that he was in agreement with this
request.
On a motion made by M';r.Mullen, seconded by Mr!. Latham it was
RESOLVED that the Southold Town Planning Board grant sketch
approval to the minor subdivision of Howard Rosens.tone located
at Cutchogue dated April 3 , 1975 and amended May 30, 1984
subject to the receipt of covenants and restrictions stating
no further subdivision in perpetuity.
Vote of the Board: ' Ayes : Orlowski, Mullen, Latham , Wall, WArd
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pg. 9 6/4/84
Wasson located at Mattituck Mr. Gary Olsen, esq. was present
to discuss this proposal with the Board. He explained
that Mrs . Wasson wanted to transmit 8 ,575 square feet
to the adjacent landowner E. Borak and requested that this
be handled as a lot line change.
On a motion made by M'r.Wall , seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve the lot
line change of Marguerite R. Wasson located at Mattituck
dated August 24 , 1982 and amended February 6 , 1984 subject
to the receipt of a declaration and copies of the deed that
the area will be transmitted to E. Borak as a nonbuildable
lot and there will be no further subdivision in perpuity.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall,Ward
Ricketts located at Mattituck. Mr. Gary Olsen, esq was present
to discuss this set-off as the Board had a question with regard
to what was being set-off. Mr. Olsen stated that he was applying
simultaneou.ly to the Board of Appeals for a variance on the
insufficient area. It was the consensus of the Board that
prior to making -a recommendation to the Board of Appeals
regarding the application for a set-off of Ricketts located at
Mattituck, the Board will make a field inspection. On review
of the map, however, they did note that the surrounding:llots
aresmall, however, they will make further recommendation after
an on-site visit.
Olsen site plan located at Cutchogue- The Board expressed
their satisfaction with the construction of the law office .
Mr. Olsen thanked the ' Board and requested upgrading the
dr.iveway. The Board stated that they saw no problem with
this , however, suggested that he request an inspection by
John W. Davis. in order tb determine the best way for the
improvements'.
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Davison set-off located at Laurel. Mr. Eugene Davison was
present to discuss this proposed set-off which had insufficient
area. Mr. Davison explained that he has applied to the Board
of Appeals for a variance on this insufficient area and for
permission to construct living quarters abovelthe stable . .
The Board requested the countours be put on the map;
and questioned Mr. Davisons future intent withthe property.
They stated that knowing this would help to possibly subdivide
the property in an advantageous way, rather than simply setting
off one piece . Mr. Davison stated that he did wish to construct
an indoor riding stable sometime in the future. It was the
consensus of the Board to conduct a field inspection of the
property and requested that Mr. Davison place any ideas on the
sketch and stake the property so the Board could work with
him.
pg. 10 6/4/84
Stegner lcoated at Southold. The Board reviewed this minor
subdivision which -had been approved by the Board of Appeals
as a set-off, The Board questioned the right-of-way which
is indicated on the survey as Lot #2 and cannot be a building
lot. The Board requested some clarification as to what
the applicant intends to do and requested that the attorney
for the applicant for the applicant, Mr. Rudy Bruer, be
scheduled for an. appointment to meet tlne Board to discuss
this proposal. It was the consensus of the Board to
conduct a field inspection prior to any action.
Daniel C. Shelley located at Cutchogue. The Board reviewed
this proposed set-off which was given 280-a approval by the
Board of Appeals .
On a motion made by Mr. Mullen,- seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board approve the
set-off of Daniel C. Shelley located at Cutchogue.
vote of the Board: Ayes: Orlowski, Mullen, Latham, Wall,Ward
On a motion made by Mr. Wall, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board declare lead
agency for the set-offo of Daniel C. Shelley located at Cutchogue
under the State Environmental Quality Review. An initial
determination :af non-significance has been made .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
- Following these resolutions it was noted that the Board of
Appeals did not grant a variance for the insufficient area of
Lot 1 . In order to proceed withthe application, therefore,
the lot line will have to be shifted in order to obtain the
minimum lot requirement of 80, 000 square feet on Lot 1 . If
this is not agreeable, the applicant will have to reapply
to the Board of Appeals for an insufficeint area variance .
On a motion made by Mr. Latham, seconded by Mr. Ward . it was
RESOLVED that the Southold Town Planning Board rescind
the Resolution of approval of the set-off, for Daniel'IShelley.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
Grigonis set-off located at Southold. The Board reviewed this
proposal which received a variance on the insufficient area
from the Board of Appeals .
On a motion made by Mr. Mullen, seconded by Mr. Ward it was
pg. 11 6/4/84
RESOLVED that the, Southold Town Planning. Board grant
approval of the set-off of Mary Gri_ onis , located at Southold,
dated December 27., 1983 subject to the review of the Suffolk
County Planning CQmmission.
Vote of the Board: Ayes: Orlowski, Mullen,Latham, Wall , Ward
On a motion made by Mr. Wall, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board declare lead
agency under the State Environmental Quality Review Act for
the set off of Mary Grigonis located at Southold. An initail
determination of non-significance has been made .
Vote of the Board' : Ayes : Orlowski, ' Mullen, Latham, Wall , Ward
Plock set-off located at Southold. The Board reviewed this
set-off which received_ a variance- on the insufficient_ area _
-from the Board of Appeals .
On a motion made by Mr. Wall , seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board grant approval
fcr the set-off of Carol Plock, located at Southold subject to
the review of the, Suffolk County Planning Commission.
Vote of the Baord: Ayes : Orlowski, Mullen, Latham, Wall, Ward
On a motion made by Mr. Latham., seconded by Mr. Ward itw as
RESOLVED that the Southold Town Planning .Board declare themselves
lead agency for the set-off of Carol Plock locateda at Southold
under the State Environmental. Quality Review Act. An initial
determination of non-significance has been made .
Vote of the Boardy: Ayes : Orlowski, Mullen, Latham, Wall , Ward
Faulkner located at Cutchogue, THe Board reviewed this subdivision
which received approval .on the insufficient area from the Board
of Appeals . It was the consensus of the Board that since these
had been merged lots and granted a variance from the Board of
appeals, that this could be handled as a set-off .
On a motion made by Mr. Wall , seconded by Mr. Latham it was
RESOLVED THAT THE Southold Town Planning Board declare lead
agency with regard to the State Envimmenta;l:;Quality Review
Act for the set-off of Linda M. Faulkner lcoated at Cutchogue.
An initial determination on non-significance has been made .
Vot e of the Board: Ayes : Orlowski, Mullen, Latham, .Wall , Ward
On a motion made by Mr. Latham-. , seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board approve the
set-off of Linda M. Faulkner locatedat Cutchogue dated May31, 1984
pg. 12 6/4/84
subject to the review of the Suffolk County Planning Commsission.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, WARd
On a motion made by Mr. Ward, seconded by Mr., Latham it was
RESOLVED that whereas,- .a formal application for the approval' of
a subdivision plat entitled _"Lynn San. Andres" located at Mattituck
was submitted to the Planning Board on December 31, 1982 and filing .
fee was paid on May , 18, 1983
WHEREAS a public hearing was held on said subdivision application
and plat at the' Town Hall, Southold, New York, on May 7 , 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 Lynn San
Andres for approval of said subdivision plat prepared by Young
and Young, dated January 5, 1983 and amended March 12, 1984 ' and
April 23 ,. 1984 , be approved and the chairman be authorized to
endorse approval on said subdivision plat,.•subject to the following
conditions be complete wit in 6 months from the ate o this
resolution: "
1 . No lot shall be subdivided or its lot lines changed
in any manner at any future date unless authorized by the
Town of Southold Planning Board.
2 . Since this tract has the potential to be further subdivided
any subdivision of any part of this tract in the future
shall have a map of the subdivision filed in the office
of the County Clerk.
3 . Clearing and ,grading within each lot shall be limited '
to that necessary for siting and constructing a house
with the intent of -preserving as muchof the natural
vegetation :on the site as possible. Limiting clearing
and grading will minimize stormwater runoff and erosion.
4 . No residential structure or sanitary -disposal facility
shall be installed or constructed within 100 feet of the
upland edge of the tidal wetlands along the shoreline of
Long Creek.
5 . A conservation or scenic easement having a minimum
width of 50 feet .shall be established along the upland edge
of the tidal wetlands along Long Creek in order to insure
that no development adverse to the aesthetic. quality of
the shore line will take place along the shoreline.
6 . No .stormwater 'runoff resulting from the development
of- the subdivision or any of the lots shall be discharged
1 directly into the adjacent body of water, Long Creek,
or the tidal- wetlands bordering the creek.
70. Conditions. 1-6 shall be filed as covenants and restrictions
R in the office of - the County Clerk on or prior to the granting
of approval of this subdivision. _
Pg. 13 6/4/84
Lynn San Andres cont.
It was also noted that approval of the access road will be needed
prior to the building permit being issued pursuant to Section 280-a
of the Town Law.
Vote of the Board: Ayes : Orlowski , Mullen, Latham, Wall, Ward
_ On a motion made by Mr. Latham, seconded by Mr. Wall it was
RESOLVED that whereas, a formal application. for the approval of a
subdivision plat entitled "Sebastian's Cove Section -II" located at
Mattituck.' was submitted to the Planning Board on Marc ,
and, filing fee was paid on March 26 , 1984
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Southold, .
New York, on May 7, 1984 at
7:45. pm. , and
i WHEREAS, the requirements of the Subdivision Regulations of the Town
of Southold have been met by said subdivision plat and application,
I
NOW, therefore, be it RESOLVED that the application of "Sebastian's
Cove, Sec. II"for approval of said subdivision plat prepared by Rod
i Van Tyle, dated January 24 , 1984, be" approved and the
chairman be authorized to endorsfe -approval on said subdivision plat
su sect to the ollowin conditions .being completed 6 months.,,
from the date of this resolution:
1. No lot shall be subdivided or its lot lines changed
in any manner at any future date unless authorized by the
Southold Town Planning Board.
2 . No residential structure or sanitary . disposal facility
shall be constructed or otherwise located within 100 feet
of the edge of 'the shoreline of Mattituck Creek and the
tidal wetlands bordering the creek.
3 . No stormwater runoff resulting from the development
of the subdivision or any of the lots shall be discharged
directly into the adjacent body of water or the tidal
wetlands bordering that body.
4 . Conditions 1-3 inclusive - shall be filed as covenants
and restrictions in the office of the County Clerk
on or prior to granting of approval to this subdivision.
5. The bond must be posted to the Town Board in the
approved amount of $125 ,000. .
6 . Inspection fee must be paid to the Town Clerk in
-the amount of 4% of the approve d bond amount of
$125 , 000.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
pg. 14 6/4/84 '
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 thatthe proposed local law in relation to permit fees
for signs be increased to one dollar ($1) for each. square foot
of sign area, with a minimum of twenty-five dollars ($25) .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
On a motion made by Mr. Latham, seconded by Mr. Wall it was
RESOLVED that the Southold Town Planning Board approve and
request compliance with the access road report No. 365 of
Inspector John W. Davis with regard to the acess road within
the subdivision of John Simichich located atSouthold.
Vote of the Board: Ayes: Orlowski, MUllen, Latham, Wall , Ward
On a motion made by Mr.Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board reaffirm the conditional
approval of the minor subdivision of Allerton Cushman located at
Fishers Island and grant a 90-day extension from the date of this
resolution for completing the conditions as indicated in the
Board's approval resolution of November 8 , 1982 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
Long Pond Estates . The Board reviewed the new road sections
submitted to correct the error in the roadway. THE Board
requested new maps or some indication that the lot sizes will
not be changed by the construction of this road.
On a motion made by Mr. Wall, seconded by Mr. Latham it was
RESOLVED that the Southold Town PlanningBoard declare lead
agency with regard to the State Environmental Quality Reveiw Act
for the site plan of St. Peter' s Luteran Church Retirement
Community, Section I . An in itial determination of non-significance
has been made.
Vote of the Board: Ayes: Orlowski, Mullen,Latham, Wall, Ward
On a motion made by Mr.Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board recommend the
park and playground fee for the major subdivision of
Georgigopoulos located at Southold To be $10,000. and
request approval of same, as this is the fee agreed upon by
the applicant and after review by the Planning Board it
pg. 15 6/4/84
is felt that this is the acceptable amount.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
Kowalski-Berry site plan located at Southold. It was the
consensus of the .Board to hold this over until boardmember
Richard Ward could review it.
Seacroft site plan located at Cutchogue . The Chairman read
the correspondence from the attorney for this, sit& plan,
as follows :
Dear Mr. Orlowski, The proposed site plan for Seacroft was
last before your Board at a pre-submission conference, as required
by the Zoning Ordinance, on April 9 , 1984 . As you know, the purpose
of the pre-submission conference was to enable the Board to indicate
which of he development plan elements would be required pur-
suant to h 100-134 of the Code. Almost eight weeks have expired
since that pre-submission conference and to date we have received
nothing from the Planning Board as to the matters we should address
for the site plan approval.
In light ?f the fact that there are basically only three areas
pursuant to S 100-131, to which the Planning Board should be
concerned, I find it inconceivable that such a period of time
must elapse before we are furnished with data from you so that
we may finally proceed.
You can appreciate, I am sure, that any delay in time is
exceedingly costly to_ this project and is now reaching the
point where the individual participants are being- financially
prejudiced by your Board' s unexplained inaction. In the light of
the time tha t has now elapsed, one must seriously conclude that
the delay on the part of the Board has been intentional or the
product of gross negligence.
In light of the foregoing, I wish to apprise the' Board, and
its individual members , that if Seacroft and its participants
incur any irreparable harm or damages due to this unconscionable
delay, we intend to seek legal redress for any damage suffered
due to your Board' s conduct.
I trust that this letter will spur the Board to perform its
legally proscribed function for the good of all concerned and,
in particular, for the Town of Southold.
Yours very truly , .Richard J. Cron
The Chairman then read the correspondence, which was sent in
reply to this, from the P lannirg Board.
Dear Mr. Cron, The following site development plan elements
are required to be indicated on the map for the further review
of the Seacroft project at Cutchgoue as enumerated in Article XIII ,
Site Plan approval of ',the Southold Town Doce , as referenced under
paragraph 100-134 site development plan elements .
pg. 16 6/4/84
Legal Data
1. Lot, block and section, numbers
2 . Name and address of the owners of record (full discilasure)
6 . Indicated street widths .
7 . The location and owners of all adjoining lands , as shown
on the latest tax map records .
8 . Indicate emergency entrance-exits
9 . A complete outline of existing deed restrictions or
covenants applying to the property.
10. existing zoning.
Proposed development
2 . Show off-street parking for clubhouse and tennis courts
3 . Show the location, direction, power, and time of use
of any proposed outdoor lighting or public address
systems .
4 . Location ,of and plans for any outdoor signs .
5 . The location and arrangement of proposed means of
access and egress , including sidewalks , driveways ,
or other paved areas ; profiles indicating grading and
cross sections showing width of roadway, location and
width of sidewalks and location and size of water and
sewer: lines .
6 . Any proposed grading, screening and other landscaping
including types and locations of proposed street trees .
7 . The location. of all proposed waterlines , valves and
hydrants and of all sewer lines or alternate means of
water supply and sewage disposal and treatment.
8 . An outline of any proposed deed restrictions or
covenants .
9 . Any contemplated public improvements on or adjoining the
property.'
10 . If the site development plan indicates only a first stage,
a supplementary plan shall indicate ultimate development.
Other information
1. Draft Environmental Impact Statement is requested because
of various discrepancies found in the initial EIS submitted
with the change of zone.
2 . Traffic study to be updated to indicate summer peak use,
last study done on Monday, January 24 , 1983 .
3 . Interior raod intersections should be at right angles .
4 . Architect' s solution of side entrance .to garage should
be followed with common driveways where applicable.
5 . Suggest common walkways along raods and into open
space for walking and cycling.
6 . Set back from road looks tight in many cases .
7 . Provide overall grading and drainage systems design
with retention on site .
8 . Suggest underground electrical service.
9 . Provide sanitary disposal system design and include
location
P9• 17 6/4/84
' b
10. Landscaping to develop street tree pattern, screening, and
foundation plantings, including type and size .
11 . Question on maintenance building for equipment and storage
for grounds and buildng maintenance .
12 . Well site is indicated, but no support building, storage tank,
and access is shown.
The Planning Board will continue the preliminary sit Eplan review
upon receipt of the above requested information and .plans . Thank
you for your attention.
Very truly yours, Bennett Orlowski, Jr. , Planning Board Chairman
The Board requested the Planning Board secretary to forward
a copy of this site plan to the Cutchogue Fire Commissioners
in order that they may review for the number and location of
fire wells . It.was the .consensus of the Board to forward
a copy of the correspondence to the Board from the attorney,and
a copy of the correspondence sent to the attorney from the
Board in reply tol-bhe- Town._Attbrney to inform the Town Attorney
that the Planning Board has been put on notice.
The Board discussed the condition of the roads within the
subdivisions of Grand View Estates and Highland Estates . The
Planning Board had met with the Superintendent cf Highways ,
Field Inspector and Town Engineer to review the need for
updated procedures for road improvements prior to building
permits being issued. It was noted that the Planning Board
has requested that John W. Davis and the Town Planner
begin :work on such a document.
On -a'motion by Mr. Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board set June 18 , 1984
at 7 :30 p.m. at the Southold Town Hall as the next regular
meeting_of the Planning ' Board.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
Being no further business to come before the Board a motion was
made by Mr. Mullen, seconded by Mr. Ward and carried to adjourn
the meeting. Meeting adjourned at 10: 30 p.m. .
Respectfully submitted,.
Diane M. Schultze, Secretarw `.
Southold Town Plani ng-Board'
GG �'
Bennett Orlowski, Jr. , -Chairman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE
Town C*Ietl ;' ovrn'ot'' iuthold