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HomeMy WebLinkAboutPB-06/25/1984 P � T D S 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 25 , 1984 at the Town Hall, Main Road, Southold. Present: Bennett Orlowski, Jr. Chairman William F. Mullen, Jr. , Member G. Ritchie Latham, Jr. , Member Richard Ward, Member Victor Lessard, Executive Administrator James Bryer, Town Planner Mr. John Klien, esq. was present to discuss the minor subdivision proposal of Mattituck Holding CQMpan_y_. The Board questioned how many lots are proposed as the map indicates certain "exempted parcelt" . Mr. Klien explained that these were transferred .to other individuals by deeds and therefore not inducled as part of the existing land. He further stated that one of those parcels presently contained a house, and the land of Erbert was applied for and approved as a set-off by the Planning Board in 1981. However, it was noted that the title to this parcel had not been conveyed and was still held by Mattituck Holding Company. Victor Lessard commented that there-two (2.) houses on one lot which was never finalized. He further explained that Erbert has a CO pending which never straightened out. He stated that it .was issued understanding that the maps just had to be signed which never happened. The Chairman stated that if the parcels were never legally set-off, the applicant would have to apply to seperate those making a major subdivision with more than 4 lots . It was also pointed out that the map indicated two other parcels which are to be convey ed to Boscola, therefore, making even more parcels to consider. Mr. Klein stated that there are presently n o covenants and restrictions on the large parcels except, those required by the Board, he also said that the plans for lot 3 are to sell it as one parcel and there no plans for lot 4 at this time . Victor Lessard also added that a 280-a access approval is also pending due to the fact that the applicant did not want to comply with what was required. , for the right- 0 aay to Erbert. pg. (2) . 6/25/84 Mattituck Holding Company cont The Chairman reiterated on the fact that if the set-off for Erbert has not been finalized that this subdivision will haue to be applied for as a major. The Board stated that they will check the records in order to make a determination and will inform Mr. Klein as to the status . The Board also requested a complete certificate of disclosure listing all the principals of the Matticuk Holding company. Mr. Klein stated for the records that the principals were Mr. Boscola, Mr. Hallinan, and the Pepe Brothers . i Mr.Wilbur Fried was present to discuss the amended site plan for Founders Village,CQn O mini�located at Southold. At this presubmission conference he explained that he was required by the Department of Health Services to construct bathroom facilities for the proposed swimming pool and he also wanted to include a kitchenette, card room, and filter room in the proposed building. He stated that this must meet the approval of the Department of Health prior to issuance of the permit. The Board noted that Mr. Fried's proposal is similar to that of a Jr. clubhouse rather than simply restroom facilities . Mr. Fried. stated that the shower facility would be located outside and not in the building proposed. . It was the cnosensus of the Board to request that, in order to provide more clarity, a copy of the plan submitted to the Department of Health for their approval also be submitted to the Planning Board for their review prior to referring to the buidling department. Mr. Antony Tohile, esq was present at the Board's request to discuss the proposal for the minro subdivison of Kruse located at Mattituck Mr. Tohile presented maps to the Board for their review. The Board's concern was with the proposed right-of-way into the property, following the field inspection they noted that the access does not seem feasible as proposed. Mr. Tohile stated that this subdivision was begun as estate planning and there are no plans to build on any of the lots, he aslo stated that he would prepare a declaration of covenants tothat effect. It was noted that the right-of-way was deeded in the 30 ' - 40 's and a copy of that deed was in the file . The Board stated that they would have to make another field inspection and would request that covenants and restrictions as to no further subdivision in perpuity be drawn up. Mr. Tohile expressed satisfaction as he said that they would like, to preserve the land with covenants and restrictions and would do whatever necessary to improve the road . pg. (3) 6/25/84 Horton chances o f zone from A-R to B( located at Cutchogue: Mr. Gerry Horton was present at the Board' s request to discuss his change of zone petition before the Town Board. The Planning Board noted that the parcel is contiguous to another parcel zoned business and the owners of this .piece are appearing before the Board for a presubmission conference. It was questioned if Mr. Horton' s request had anything to do with the piece owned by WBW Corp. Mr. Horton stated that the intention was to sell his land. to the WBW Corp. subject to the change of zone approval in order that they could construct office and ipedical buildings . He explained that even though it was contingent to the piece for which they are seeking site plan approval it is not related to it at all . The Board noted that the parcel of WBW Copp had insufficient area and wondered. if it was a calculation error or if Mr. Horton' s parcel was intended to enlarge it for site plan approval. He stated that if the change of zone from A to Blwas approved there would be a seperate application. The Board requested that Mr. Horton stake the property for a field inspection. _ Mr. Walsh and Mr. Olsen were present for a presubmission conference withthe Board to discuss the proposed retail store located at Cutchogue. They explained the pland. for a one-story colonial type retail shopping center with 8 stores . The egress and ingress would be from the Main 'Road. THe Board noted that the total square footage of the plantings , parkings and shopping stores equaled more than the sgtare footage of the entire lot. Mr. Walsh stated that they would correct that. The Board stated that they would like to. see the building set-back farther to conform with Olsens building and additional plantings along the front. Mr. Olsen inquired as to what the Board would do if a bank rented the last space in the building, he explained that the laststore would be an ideal place for a drive-in window. The Board stated that they would make a field inspection of the property and then be in touch with the applicants in writing. They requested that the applicants stake the property and also the property of Mr. Horton. On a motion made by Mr. Ward, seconded by Mr. Latham it was RESOLVED THAT THE Southold Town Planning Board approves the ended-s- t-ep-]an of East-Li.ad^Sho es loea_ted at Southold for the construction of a berm and a revised curb cut. 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 July 9, 1984 at 7 :30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for apublic hearing on the question of approval of the minosr subidvision of Randazzo Building_Company located at Southold. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward pg. (4) 6/25/84 Witherspoon subdivision located at Southold. This subdivision was approved in 1979 and the applicant did not file the covenants and restrictions , therefore the maps were never signed or finalized. THe applicant has since passed away and we asked the Town Attorney how to proceed in handling this matter.. He indicated that the best way for the Planning Board to proceed was to schedule a new public hearing for the final approval of the subdivision, and thereafter approve the same with the same conditions and then require that a new declaration be prepared and filed to contain the conditions required by theePlanning Board. Mr. Tasker, Town Attorney also stated that the zoning code permits the development of the lots. on the subdivision with a minimum lot soze of 40, 000 sq. ft. On a motion made by Mr. Latham, seconded by Mr. Ward itwas RESOBVED that the Southold Town Planning Board set July 9 , 1984 at 7 :45 p.m. at the So t old Town Hall, Main Road, Southold as the time and place for the question of approval of the minor subdivision of Charles Witherspoon, located at Southold. Voted the Board: Ayes : Orlowski, Mullen, Latham, Ward Mr. William Schriever and Mr. Charles Cuddy, esq. were present to discuss the porposed subdivision of_3_arba.r Dwight Schriever, located a t Orient. All the lots of this minor subdivision are 80,000 sq. ft. or larger. Mr. Cuddy explianed that this proposel was set in a lay-out of 6 one-acre lots prior to the change in the ordinance to two-acre. However, they are now proposing 4 lots two of which front on the Main Road, and the other two front along a proposed right-of-way which is. positioned inthe same location as original one which the Board favored. Mr. Schriever explained that he had a firm offer from the _ Fire Department to purchase two of the lots , however, it would have to be put to a referendum. Mr. Cuddy requested that the Board schedule a public hearing on the question of approval for this subdivision. THe Chairman explained that prior to a public hearing the applicant must obtain approval from the Department of Health to comply with article 6 . It was the consensus of the Board to make a field inspection of: this property. Mr. Richard Cron, esq was present to discuss a proposed cluster subdivision located at Laurel . Mr. Cron stated that a sketch for this area had been submitted in February 1983 and following the field inspection the Board noted several items which were not correct with respect to this land. Mr. Cron explained that there are no homes on the property, it is not 1200' in length on the road and the notation as to no park and playground was correct, however, he had intended tomake c ontribution to the '1,own Board. pg (5) 6/25/84 Cron cluster at Laurel, cont. Mr. Cron stated that he has now revised the sketch to proced with a cluster . development. The Board noted that with regard to the previous submission, at the field inspection a field pump house was mistaken for a residence . Mr. Cron stated that the previous conclusions following the field inspection don't have any bearing on the new submission. The Board noted that the open space is. :landlocked, however, Mr. Cron pointed out that the homeowners would be the only people with title to it and the ability to use it, therefore, it would not be landlocked for them. Boardmember noted that the open space and recreation is not substantion since the area across the street contains considerable open space . It was the consenus of the Board to request that this subdivision be developed as a majro subdivision rather than a cluster, with the lots lines extending through the park and open sapce area. A7.deposit will then have to be made to the Town Board for park and playground area in lieu of a land -re-servation Mr.—Cron--questioned-the-amount -of--the-----------_--- _ _---_— contribution and it was noted that this is outlined in the ordinance. The Board requested that, if this is agreeable, 12 copie sof the amended survey be submitted and they Board will make a field inspection of the property. . Following a -field ins ection*for Elvira Morgenstern, the action was taken On a motion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board approve the set-6ff of Elvira Morgenstern located at Peoonic , map dated May 7 , 1984 subject to the following conditions : 1 . Parcel containing 5 , 022 square feet to be conveyed to the house lot of Elviar Morgenstern. 2 . Parcel will be a non-buildable lot. 3 . There will be no further subdivision in .perpuity. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward Stollmeyer located at Southold. The Board reviewed this new proposal for a set-off, containing insufficient area. It was noted that the applicant applied to the Board of Appeals for an insufficient area variance, and at this time, no action was taken. The Board noted that the survey maps indicate land along with Stollmeyers that is not owned by the applicant. The Board requested that revised maps be submitted indicating the land owned by Stollmeyer only. It was the consensus of the Board to conduct a field inspection on the property. �. pg. (6) 6/25/84 Dart minor subdivision located at Southold. Mr. Cron, esq. and Mr. Dart were present to discuss this proposal to subdivide business property. Following a field inspection the Board recommended that the corner lot in this minor subdivision contain more than the lot area proposed, which can be done by . a lot line change. This was suggested for the follwoing reasons : It is a corner lot, .whic.h should be the larger lot. This would provide more area for buffering. The increase lot area will result in a safety factor due to the possible heavy traffic flow inthe future at that intersection. Mr. Cron noted that if the lot line was moved, a steel building presently existing on the property would have to be moved. The Board stated that this could be provided for at a future time and noted on the plans rather than moving it prior to the subdivision. ------- ------------------ Cove at Southold, site plan for townhouses . Mr. Wesley Dickerson presented 9 letters from homeowners in the area expressing thieir objection to the proposal . The Board stated that following a field inspectionand noting the present conditions, that this would- be an improvement to the area. The Board also stated that the applicant would still have to get approval from the Department of Health Services .prior to any building permits . Mr. McPartland stated his objections since heA ivied in the area. The Board stated that they could not hold up the application .and if there any problems with the water and sewage, the DEC and Department of Health Services will deny the application. However, the Planning Board does not have any jurisdication over these areas . On a motion made by Mr. Latham, seconded by Mr. Ward it was 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 site plan of Cove Beach located at Southold, which is a . proposal for 33 living units. The project has -been determined riot to have a significant effect on the environment for the following reasons : pg. (7) 6/25/84 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. The Department of ' Environmental Conservation has no objection to our agency being lead agency for this $ction. It has, an unlisted classification, and a Tidal Wetlands Permit may be necessary. They comment that the density should not exceed 1 unit per 10,000 square feet. Because there has been no, response in the alloted time from the Suffolk County Department of Health Services , it is assumed that there is no objection nor comments by that 4gency. 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 m Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. Latham 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 snbdigisinn-of site plan of 9t Peter's Lutheran Church Retirement Community, Section I for 2 four-unit building-S . The project has been determined not to have a significant effect on the environment for the following reasons: pg. (8) 6/25/84 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 response from the Department of Environmental Conservation in the allotted time, it is assumed that there is no . objection nor comments by that agency. Because there has been no response in the allottedtime from the Department of Health Services , it is assumed that there is. no objection nor comments by 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 Road, Southold, New York 11971 �70te Of the Board: Ayes: Orlowski, Mullen, Latham , Ward On a motion made by Mr. Latham, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board declarethem selves lead agency with regard to the State' Environmental Quality Review Act for the minor subd_iM _sion of J_oh-n— ' Simon located at Peocnic. An intial determination of non-significance has been made. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward It was also noted thatthe right-of-way must be imporved for this minor subdivision. It was also noted that this received approval from the Town Board froireliet from the two-acre zoning. Entenmann located at Laurel . The Planning Board reviewed this minor subdivision which is also before the Board of Appeals for an insufficient area variance for lot No. 1 The Planning Board noted that around the area of Lot 1 there are many other small, narrow lots ; however, prior to making a formal recommendation to the Board of Appeals, they will make a field inspection of the area due to their ooncern with the naroow right-of-way. pg. (9) 6/25/840 On a motion made by Mr. Mullen, seconded by Mr. Wall it was RESOLVED that the Southold Town Planning Board acc�t the_ report dated March 7 , 1984 of the Soil and Water Consexvati_on_ District of Suffolk County with regard to tb-e_._b_1uf_f._p.lanting within the subdivision ok 0 andview Estates locafed_a_t_O_riant-, particularly lot No 1 The Board requests compliance of the report prior to the issuance of a CeYtificate of Occupancy and following that, a three-year maintenance bond on the U p keep of the plantings . Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that whereas; a formal application for the approval of a subdivision plat entitled "constantine P. Georgiopoulos" located at Southold was submitted to the Planning Board on April 20, 19984 ' and filing fee was paid on February 2 , 1983 WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New YOrk, on May 21, 1984 at 7 :30 p.m. , and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have beenmet by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of "Constantine P� Georgiopoulos" for approval of said subdivision plat prepared by R. Van Tuyl and dated March 8, 1984 be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following condition: 1. A cash payment made to the Town Board as a park and playground fee in the approved amount of $10, 000. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled ";I appoint Section II" located at East Marion was submitted to the Planning Board on January 25 , 1984 and, filing fee was ' paid on September 24 , 1982 . WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on March 12 , 1984 at 8: 15 p.m. , and r, Pg (10) 6./25/84 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 "Highpoint Section II" for approval of said subdivision plat prepared by Howard Young and dated August 4, 1983, , be approved and the chairman be ' authorized to endorse approval on said subdivision plat. Vote of- the Board: Ayes : Orlowski, Mullen, Latham, Ward On a motion made by Mr. Ward, seconded by Mr. Latham it was RESOLVED that the Southold Town PlanningBoard declare themselves lead agency with regard to the State Environmental Quality Review Act for the site plan of Seacroft located at Cutchogue. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED thatthe Southold Town Planning Board override the restrictive _ covenants No. 5 in the conditional approval of the subdivision of Lynn San Andres located at Mattituck as per the request of the applicant, Mr. Luis San Andres . Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward Mr. William Esseks, esq, was present to discuss the subdivision proposal of Nick Schick located at Orient. On a motion made by Mr. Ward, seconded by Mr. Mullen it was RESOLVED that the Southold Town Plannin g Board reque'bt a Draft Environmental Impace Statement for the subdivision of Nicholas Shcick located at O,rient, Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Mr. Esseks requested whether an addenda of the Draft Environmental Impact Statement filed withthe Town Board on the change of zone could be used rather than preparina a new cone, The Chairman stated that the Town Attorney will be contacted inorder to 2et an answer to this . On a motion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board accept the report of John W. Davis , Inspector, reqarding the raod section of Long pg (11) 6/25/84 Pond Estates , Re ort No. 370. The Southold Town Planning Board also _accepts the road section of this as drawn by Howard Young, dated May 14 , 1984 . Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward The Board requests that new construction plans be submitted indicating the new Road construction. It was also noted that there is no bond posted on this subdivision, therefore, no lots can be sold, and the map cannot be filed until a bond is posted. The Board requested that an updated bond estimate be prepared by the Town Engineer as the present one is 4 years odd. Victor Lessard stated that the road must be up to specifications prior to any building permits issued. * * * On a motion made by Mr. Mullen, seconde d by Mr. Latham it was RESOLVED that the Southold Town Planning Board grant a 90-day extension on the action of the final maps for the major sub_diyisjon of Cove Beach located at East—Max-i-ou_pursuant to the request of the applicant in order that the Suffolk County Department of Health Services and the Department of Environmental Conservation approvals be obtained. Vote of the Board: Ayes : Orlowski, ' Mullen, Latham, Ward * * *On a motion made by Mr. On a motion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board grant a 90-day extension on the ac�iox�of tea ma s of Homestead Acres, located at Greenport, pursuant to the request of the attorney for the applicant. ^ 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 grant a 90-day extension on the action of the approval of the subdivision of Country Club Estates Lot No 32 pursuant to the request of the attorney for the applicant in order that the approval of the Suffolk County Department of Health can be obtained. 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 grant a 90-day extension on filing the final maps of Harbor View located at ,Mattituck in order that the approvals of the Suffolk County Pg ( 12) 6/25/84 Department of Health and Department of Environmental Conservation can be obtained. Vote of .the Board: Ayes : Orlowski, Mullen, Latham, Ward On a motion made by Mr. Latham, seconded by Mr. Mullen itwas RESOLVED that .the Southold Town Planning Board refer the site plan of John P. Kowalski, Jr. , and Chester Berrv. Jr L,_f_or the construction of an office .building and a fish market to the building department for certification. Vote of the Board: Ayes : 011owski, Mullen, Latham, Ward The Planning Board offers the following- recommendations for the building departments consideration in rev; winq___thP Site plan: 1 . Relocate loading door to the North. 2 . Ten feet additional set-back which will be landscaped in order t6 give additional buffering in front of building. It was noted for the record that the president of. the North Fork Environmental Council, Ruth Oliva, was not present for the meeting. Being no further business to come before the Board, a motion was made by Mr. Mullen, seconded by Mr. Latham and carred to adjourn. The meeting adjourned at 10: 10 p.m. Respectfully submitted, 01 iane V.-Schu tze,"Secroetary Southold Town planning Board mot Be" nnett Orlowski, Jr. , ' hairman r RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 9l/o1S�L HOUR 9.'D9W* Town. Clerk; Town of Southdq