HomeMy WebLinkAboutPB-07/09/1984 c��FFO(k
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Southold, N.Y. 11971
(516) 765-1938
A regular meeting of the Southold Town Planning Board was held at
7 :30 p.m. , Monday, July 9 , 1984 at the Town Hall, Main Road
Southold.
Present were:
Bennett Orlowski, Jr. Chairman
William F. Mullen, Jr. Member
G. Ritchie Latham, Jr. , Member
James Wall, Member
Richard G. Ward, Member
Victor Lessard, Executive Administrator
James Bryer, Town Planner
7 : 30 p.m. Public hearing on the question of approval of the minor
subdivision of Randazzo Building Company, located at Southold.
On a motion made by Mr. Mullen, seconded by Mr. Wall it. was
RESOLVED that the Southold Town Planning Board dispense with the
reading of the metes and bounds of the subdivision of Randazzo
BuildingGbmpany, located at Southold, containing 11.2 acres.
VOte of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Wall
Mr. Orlowski: We have proof of publication from the Sufoolk Times
signed by Susan Allen, and notorized by Judith Ahrens , and proof
of publication from the Long Island Traveler Watchman signed by,
notorized by Barbara Forbes, and signed by Pat Wood. In review
of the file, filing fee, Short Environmental Assessment Form,
communications from the Suffolk County Department of Planning
saying that it is not within their jurisdiction, and I think
everything else here is in order. Ok, at this time is there any
one here with objections to this minor subdivision? (hearing
none) Is anyone here with any endorsements of this minor subdivision?
Hearing none, is anyone here neither pro nor con but information
pertaining _to the_ mi__nor _subdivision that the Board maybe interested
in? (hearing none) That was an easy-one. -Questions---from--the-.Board;
Mr. Mullen? (none) Mt. Wa111?(noneT mr-. atham?
Mr. Latham: Only one question .. Mr. Chairman, Lot 4 is 4 . 10
acres?
Mr. Orlowski: Yes .
Mr. Latham: We don' t want to have that chopped up any more.
Mr. Orlowski: Right.
pg (2) 7/9/84
Mr. Latham: That is all.
Mr. Orlowski: Right, I was going to mention that. Okay,
Mr. Ward? (none) . Okay, with no further questions . I think
any approval that would be given would be subject . to, Mr.
Latham, that lot No. 4 not be further subdivided. No further
questions , I will declare .this hearing closed.
Ricketts set-off located at Mattituck- The Board had a
question as to. the number of lots proposed by the applicant,
since the survey indicated Lots No. 69 and 70, as well as ,
Lots D and E. It was the consensus of the Board to request
that a new survey be submitted to clarify .the lots by clearly
delineating lot No. 1 and Lot No. 2 . The Board also requests
that a key map be indicated on the survey.
Southland Corporation (7-11 stores located at Cutchogue, Southold,
and Greenport}- _ Following a field inspection to each of the sites ,
it was the consensus of the Board that the proposed accessory
buildings be located in the rear of .the stores rather than
on the side of the buildings . It was also suggested that a
leanto could be constructed in the rear of the stores rather
than the utility building proposed in order to provide more
storage.
Young located at Eugenes Road', Cutchogue : A-;;cluster proposal
consisting of 22 acres . It was the cnnsensus. of the Board,
following a field inspection, that this subdivision should
be developed as a major subdivision instead of clustering the
lots . It was the feeling that there- would be no advantage to
developing this in the cluster concept, and the Board did not
favor the layout.
k
Gemma site plan for a restaurant, located at Cutchogue: It
was the consensus of the Board, following a field inspection,
that the ingress and egress should be more .centrally positioned
on the lot and at right angles with the Main Road.
Litterri and Gazza subdivision located at East Marion: The
Board had requested that the applicants stake the property to
do a field inspection. Boardmember Ritchie Latham had gone
to the property and noted that the stakes had not been placed
in the ground and it was suggested that perhaps metal pipes
be put in, so they could not be easily removed.
7 :45 p.m. Public hearing on the question of approval of the minor
subdivision of Charles S . Witherspoon located at Southold.
Pg (3) 7/9/84
Mr. Orlowski: This has quite a history behind it because it
was an approved subdivision, and everything was done, but he
never filed with the County,- so we wrote Mr. Tasker and got a
letter back from Mr. Tasker and here is what Mr. Tasker told
us: You have submitted information tome with respect to the
above subdivision which also granted conditional approval by
the Planning Board on June 12 , 1979. The condition in. the
Planning Board' s resolution granting final approval provided
that the applicant file with the Planning Board a Declaration
of Covenants and Restrictions . to the effect that the remianing
Witherspoon property to the west of the two lot minor subdivision
be not further subdivided. The applican' ts attorney filed a
declaration. However, it did not explicitly contain the
requested restriction. Apparently, no further action has
been taken by the Planning Board. The zoning Code permits the
development of the lots on the minor subdivision with a minimum
lot size of 40,000 sq. ft. It would appear to me that the
best procedure is for the Planning Board to schedule a new
hearing for the final approval of the subdivision, and there
after approve the . same with the same conditions and then require
that a new declaration be prepared and filed to contain the
conditions required by the Planning- Board. The applicant has
agreed to do all of this, so here we are, back to a final hearing
again. Okay, row we have proof of publication from the .Suffolk
Times signed by Susan Allen and notorized by Judith AN Ahrens,
and also proof. of publication from the Long Island Traveler
Watchman signed by Pat Wood and notorized by Barbara Forbes .
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 themetes and bounds for the minor subdivision of
Charles S . Witherspoon located at Southold.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
Mr. Orlowski: Well, we know that we have everything in order
because we've done this once already, and any approval that will
be given will be an approval subject to the filing of the
covenants and restrictions that were placed on it way back in
1979 . At this time, I ' ll ask for any objections to this subdivision
from the floor. Hearing. none, I ' ll ask for any endorsements of
this subdivision.
of
Mr. Preston: I would like to speak in favort%it. I have lived up
at Horton' s Point for the last 8 years and I have somewhat of
an interest in seeing the subdivision passed in that I am the
contract obligee fog the western most lot. The only point that
I would like to bring up is that the original covenants and
restrictions were to eliminate the possibility of Charles
Witherspoon ever subdividing his Xoperty again and Charles
Witherspoon has passed away and I am dealing with the estate
of Charles Witherspoon; and we we dealing with a parcel
1, 003 sq. ft. in size which I think you would agree that it
would have to come before the Planning Board to be sibdivided
and it is not a 2-acre size. It is a small peice of property
with, currently with a former personal residence of Charles
Witherspoon and. their rented cottage. The difficulty in
obtaining the covenants and restrictions exists in that ve
are dealing with an estate and they seem to be difficult
pg (4) 7/9/84
Mr. Preston: to communicate with. This is a case were the
property was originally sold to Rathje in 1979 pending .the oral
communication with the Planning Board of the approval. The
property passed onto Mr. Rathje, he held it for investment for
whatever his reasons were, he has now offered it for sale and
we have a contract and he was not aware that he did not have a
formal approval of the property. He pays his -taxes for the
four years as if he had a marketable piece of property, and
so that if it is of any consideration of. the Board it is kind
of difficult to deal with the estate in trying to get these
approvals .
Mr. Orlowski: Right, well, we are going to have to do that and
work withthe estate to get them as per Mr. Tasker'sletter, our
Town Attorney. We. . . (Interrupted)
Mr. Preston: Even though it is less than the two acres?
Mr. Orlowski: He says it is all right., as long as we get the
covenants and restrictions filed.
Mr. Preston: No, I mean the parcel is an undivided peice
of property, the covenants and restrictions served to keep
the remianing property from being further subdivided. But
that piece of property is less than two acres .
Mr. Orlowski: Right.
Mr. Preston: How could it be subdivided again?
Mr. Orlowski: Well, we don't know, we just want the covenants
on there. Unless zoning changes or something else, but we don't
want to get into that, we just,- the original covenants and
restrictions will have to come out of the estate or somebody
in the estate will work with us . And, it will be subject to.
Mr. Preston: Okay.
Mr. Orlowski: Okay. Any other endorsements? (Hearing None)
questions from the Board, Mr. Ward, (none), Mr. Mullen (none) ,
Mr. Wall (none) , Mr. Latham, (none) . Okay, being no further
questions, I will declare this hearing closed.
Raz-Ma-Taz site plan located at Mattituck: Following a field
inspection of the property and one-year review, the Board neted
many discrepancies in the site plan:
1. There is no dust free surface in the parking lot.
2 . There are insufficient plantings .
3 . Drainage appears to go through Mr. Crenshaws ' property
and on to the Main Road.
4 . As yet, no leased has been secured with Mr. Crenshaw as
to the additional parking.
5 . Westerly exit has not beenblocked off .
6 . We question of the sign.
Based on the following information, the Planning Board recommends
Pg (5) - -1/84
Raz-Ma-Taz cont.
that no certificate of occupancy be issued by the Building
Department for the recent addition.
Henry J. Smith set-off located at Peconic: Mr. Philip Ofrias ,
esq. was present to review the E rking requirements of the
uses on Lot No. 1 with tVje Board. Since this matter is also
pending before the Board of Appeals for an area variance, the
Planning Board had made recommendation for 24 parking spaces
on lot No. 1, due to all the uses on the lot. The Board reviewed
the sketch Mr. Ofrias had presented indicating 14 spaces on lot
No. 1 which were 100 ' X 200' . The Board had determined the
number of spaces required based on the Section of the ordinance
pertaining to retail shopping centers . (100-62) Mr. Ofrias
said it was his opinion that this section is for large retail
extablishments which this business is not. The Board stated
that all the uses of Lot 1, namely a Post Office, grocery store,
laundromat, and storage space do not put this clearly into any
catagory, therefore, the Board can use their. discretation as
the the number of spaces required. They figured it as one
parking space for everyvsq. ft. of sales or office area.
100
The. Board noted that upon field inspections , both lots 1 and 2
had bee n used for parking . Mr'. Ofrias stated that he did not know
the applicant' s intention for the storage, but it was possible
that this could be used for an apartment at some future date.
The Board noted that this would then require additional parking.
The Board expressed concern that the area is bec-oming more
populated and growing, so this will increase traffic and the
use of the buildings . The Board offered other suggestions
to the attorney rather than proceding with the proposed subdivision,
since the Board is not in favor of it due to the small size
of the lots and the parking problem. It was the consensus
of the Boardthat the original determination of 24 .parking
spaces for lot No. 1 will be the Planning Board's recommendation
for the parking requirem ent.
Dr. Mercier site plan for a Doctor's Office located at Mattituck
Mrs . Gail Wickham and Dr. Mercier were present. It was noted
that this application received. a use variance from the Zoning
Board of Appeals . The Chairman read the Board of Appeals
approval which contained conditions . The Board had questioned
handicapped parking, access to the parking, and the private
road. Mrs . Wickham stated that since 8 parking spaces are
required and the map indicates 9 speces , the western most
space will be reserved forlandicapped parking. She further
stated that the parking can come off Love Lane, and presented
information for the file indicating Dr. Mercier' s right over
pg. (6) 7/9/84
the private road.
On a motion made by Mr. Mullen, seconded by Mr. Wall it was
RESOLVED that the Southold Town Planning Board refer .the site
plan of Dr. Mercier, located at Mattituck, for a professional
office in an existing building to the building department
for certification.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Wall
Stegner located at Southold- Mr. Rudolph Bruer, esq. was
present, and Mr. and Mrs . Stegner were also present. Mr. Bruer
explained that the Stegners had purchased three separate lots
with the understanding that they were separate and single lots .
They were, however, merged. Mr. Bruer stated that they had
received approval from the Department of Environmental Conservation,
Suffolk County Department. of Health Services , and Zoning Board
of Appeals with respect to this application. The Board questioned
what would be built on lot #k2 which is indicated on the survey as
a right-of-way. Mr. Bruer stated that that would be the location
of the well and there would be nothing else built on that lot.
He also said that the house will be built on Lot No. 1 . Mr. Bruer
requested that this application be handled as a set-off since
there was already a public heariHekhefore the Board of Appeals .
The Board stated that they wouldNnew maps indicating Lot No. 1
and Lot No. 2 as one lot, as well as conditions that the right-of
way will remain as -the access . It was the consensus of the Board
that this can be handled as a set-off, however, the Board will
check with the Town Attorney prior to any action on this application.
On a motion made by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the Southold Town P1anrrng Board refer the site plan
of Goldsmith and Tuthill for construction of the office and
storage building, located at Southold to the Building Department
for certification.
Vote. of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Wall
Marshall located at Fishers =1-tdand-Following certification from
the Building Department with regard to the site plan the following
action was taken.
On a motion made by Mr. Wall, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board approve the site
plan of Anthony Marshall for the relocation of a building located
in a B zone at Fishers Island.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Wall
pg• (7) 7/9/84
382. Wells Road Corp. located at Southold- The Board reviewed
correspondence from the Building Department regarding this
site plan for a car wash. It was noted that more information
is needed prior to certification. Mr. Lessard informed the
Board that he had made an inspection of the area and noted
that it was filled , approximately 4 ' in depth. Mr. Lessard
also said that he called the Department of Environmental
Conservation and they indicated that it could be five years
before anything could be built on the land. He also said
if the Planning Board does not send out anyone to look at
the property for a professional W-opinion, the Building Department
will, because he is concerned with this . The Chairman stated
that he would like another opinion on this matter from the
Town Engineer. It was the consensus of the Board that the
Town .Engineer will be contacted to make an inspection of the
property and report back to the Board, with regard to the fill.
Brewer Yacht Yard located at Greenport: ban Natchez , Ed Vianney
_ an_d_Mark Taormina were present for this presubmission conference;
tco discuss this site plan for the construction of
a new dock and bulkhead. It was noted that the applicant must
obtain approvals. from the Village of Greenport as well as the
Town due to the fact that a portion of the project lies in the
incorporated village of Greenport. Other approvals needed
are: Army Corps of Engineers , NY State Department of State,
NY Dstate Department of Environmental Conservation, Town Trustees ,
Town Board, and Village of Greenport. Mr. Natchez stated that
this proposed construction is to enlarge the present marina
which would include: exacavating a boat basin, removing
timber pile, con structing and maintaining a timber bulkhead,
relocating and expanding a travelift., constructing, installing
and maintianing a series of floating pier docks , dredging and
then relocating this dredged material. The Board ques=boned
where the dredged material would be relocated and the applicant
said that some will be placed on-site and the remainder will
be go to St. Agnes Cemetary, as they have expressed an interest
in recieving this . Mr. Natchez alsolresented an aerial map
indicating the land,which is a penninsula. Mr. Natachez explained
that they had received correspondence (which was submitted to
the Board) stating that H2M, consulting engineers , did not feel
that the development of the marina will not have an negative
effect on the fresh water supply, since the proposed evacuation
is on a penninsa-la. They stated that the dredge material would
consist of gravel and sand which is fill material„ Mr. Ward
questioned the -aesth-ics .of = "placing -this fill in-.the .cemetary and
Mr. Natachez stated that this would be placed so it will look
aesthetically pleaseing and some areas would be grassed, which would
be done by. Brewers . Mr. Bryer stated that in his review it, was
noted that two datums were used, mean sea level and mean low water.
Mry Taormina stated that the maps would have to be revised and
re-submitted to show the same datum on all maps . It was notdd,
upon review of the aerial maps that this lies outside the Federal
Channel area. With regard to parking, Mr. Natchez stated that there
is a 1 to 1 ratio with 1 parking space for each slip. It was the
consensus of the Board that the DEC should take lead agency for this
application and prior to any further action by the Board, a field
inspection will be made.
' pg• (8) 7/9/84
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board recommend to the
Town Board denial of the relief petition of John and Dorothy
Moller due to the fact that they did not receive sketch approval.
prior to May 20, 1983 .
Vote of the. Board: Ayes : Orlowski, Mullen, Latham , Wall, Ward
It was the consensus ' of the Board that the copy of events which
transpired between the applicant and the Planning Board be referred
to the Town Board for their consideration with regard to this releif
petition.
r
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board refer to the Town
Board the chrononlogical list of events pertaining to the Angel
Shores subdivision .application which indicates that the applicant
did work dilligently with the Planning Board in an effort to obtain
approval of this . subdivision. This referral is made for the Town
Board' s review in regard to the relief petition filed..
Vote of ' the .Board: Ayes : - Orlowski, Mullen., Latham, Wall, Ward.
Hemblow-set-off located at Southold-This proposal was set for
a field inspection.
Sundown Farms-located at Mattituck. This proposal was set for
a field inspection.
Blum-change . of zone petition to the Town Board. Bennett Orlowski,
Chairman abstained from all discussion with regard to this application
as his family owns the area which is the subject of this petition.
On a motion made by Mr. Latham, seconded by Mr. Wall it was
RESOLVED that .the Southold TownPlanning Board set the proposal for
a change of zone for Reynold F. Blum located at Cutchogue for 'a
field inspection.
Vote of the Board: Ayes: Mullen, Latham, Wall, Ward
Abstained: Orlowski
Bertani and Koke site plan located at Southold: Following a field
inspection, the Board reviewed this site plan and made the following
request.
Pg. (9) 7/9/84
Bertaini and Koke Cont.
It was the consensus of the Planning Board to request that the
following information be indicated on the site plan in addition
to the information already on the plan.
1. type of curbing
2 . type of driveway and parking surfaces
3 . sign location
4 . outdoor lighting
5 . one or two handicapped parking spaces .
It was also noted that one or two drainage basins may be required to
handle sotrm water run-off if there is no substantial change in grade .
If this is unacceptable, the Board requests drainage computations and
proposed grade to show the feasibility of one basin.
On a motion made .by Mr. Wat.d, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board approve the preliminary
map of Laurel Estates located at Laurel subject to the following conditions :
1. The cluster computations indicated on the map.
2 . Lot dimensions indicated on the map for lots 1-15 .
3 . Layout plan for the development of Lot 16 including a
proposed street tie-in to Aldrich .Lane.
4 . Purpose of Open Space area and indication as to why the
parcel is landlocked.
Vote of the. Board: Ayes : Orlowski, Mullen,Latham, Wall, Ward
On a motion made by Mr. Latham, seconded by Mr. Ward it was
RESOLVED that the . Southold Town Plannin g Board set July 30, 1984
at 7 :30 p.m. at the Southold Town Hall as the next regular meeting
of the Planning Board.
Vote of the Boardz Ayes : Orlowski, Mullen, Latham, Wall, Ward
On a motion made by Mr.Ward, seconded by Mr. Mullen it was
RESOLVED thatthe Southold. Town Planning Board rescind the resolution
of June 25 , 1984 declaring themselves as the lead agency with regard
to the State Environmental Quality Review Act for the Seacroft site
plan located at Cutchogue .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward
1 • ' pg. (10) 7/9/84
On .a motion made by Mr. Mullen, seconded by Mr. Wall it was
RESOLVED that the Southold Town Planning Board refer the site
plan of "The Breakers at Island' s End" dated June 28 , 1984 , for
the construction of 350 townhouse/condominium dwellings and
amenities located at Greenport to the Building Department for
certification.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Wall
Mr. Troy Gustayson questioned if the agenda could contain more
information such as the location of parcels , size and number of
lots proposed. The Chairman stated that with additional help in
the office, there might be a possiblity of complying with his request.
Mrs . Ruth Oliva brought up the matter of the set backs for the
"Breakers at Island End" . The Chairman stated that the developers
have agreed to a maintenance bond on the upkeep of vegation on the
bluff and have also positioned the building envelopes so that many
are in excess of 100 ' set-back. Mrs . Oliva also questioned the
road,. landscaping and curbing at Grandview Estates . The Chairman
stated that the Board and the inspector were working on procedures
for :applicants and developers so that they know exactly what
is entailed in completing roads prior to buiding permits and C/O' s
being isssued.
Mr. Mullen questioned the errors and ommissions certificate of
insurance for the Town Planning Firm, Szepatowski Associates , Inc.
It was the consensus of the Board to request a copy of such
certificate from the Town Clerk.
Being no further business to come before the Board, on a motion
made by Mr. Mullen, seconded by Mr. Ward and carried, the
meeting adjourned at 10: 00 p.m.
Respectfully submitted,
Diane M. Schultze, Secretary
Southold Town Planning Board
A.
ftn'
nnett rlowski, Jr,l Chairman RECEIVED AND FILED BY
d THE SOUTHOLD TOW14 CLERK
DATE ag/!Z�HOUR
Town Clerk, Town of Southold