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HomeMy WebLinkAboutPB-08/20/1984 P 5�FF0(� D T D S Y Southold, N.Y. 11971 (516) 765-1938 A regular meeting of the Planning Board was held on August -20, 1984 at 7 :30 . p.m. at the Southold Town Hall. Present were: Bennett Orlowski, Jr. , Chairman William F. Mullen, . Jr. Member G. Ritchie Latham, Jr. , Member James Wall, Member Richard Ward, Member Victor Lessard, Executive Administrator Mr. Al Fickerson was present to discuss the amended site plan of The North Fork Bank and Trust Co. , at Cutchogue. Mr. Garrett Strang had scheduled a pre-submission- conference but was not present for this meeting. Mr. Fickerson explained that the previously approved plan called for curbing, but due to the cost of the curbing, they were requesting .that they be allowed to install a split rail fence around the property. The Chairman presented ocrrespondence from the Board of Fire Commissioners of Cutchogue who own the adjoining property. The Board of Fire Commissioners were not in favor of the fence due to the fact that in emergencies , the trucks moving out of the lot at high speeds may hit the fence. Mr. Fickerson explained that there must be some barrier otherwise, people will be using the other property, for parking. It was the consensus of the Board to request that concrete- mountable type curbing be put in lieu of the fence to the grass , with the fence continuing to the rear of the property._ On a motion made by Mr. Ward, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board refer the site plan amendement for the North Fork Bank and Trust Co. , to the Buidling Department for certification subject to receipt of six copies of the .site plan indicating concrete, mountable-type curb, with split rail fence beginning at the grass and continuing to the rear ofthe property. Vot e of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward academy Printing: set-off located at Southold. It was the consensus of the Board that prior to any action, the Board will make a field inspection of the property. Pg. (2) 8/20-/84 J. Katherine -Tuthill-It was the consensus of the Board to conduct a field inspection onthis property located at New Suffolk prior to any action. The Board also requested that the property be staked. Mrs . Tuthill was present for this discussion, and she indicated tha t an application had been made to the Board of Appeals for the insufficient area . Thomas Perillo-Mr. Rudy Bruer,esq. was present for this discussion. It was the consensus of the Board that prior to any action a field inspection will be made of this minor subdivision at Matttiuck. The Board noted that this may be handled as a set-off. Mr. Burer noted that an application had been made to the Board of Appeals for the insufficient area. Mr. Anthony Conforti, esq. and Mr. Thomas Gill, esq. were present to discuss the major subdivision of Harbor View, this was previously filed under Bayview Ventures , Ltd. The _Chairman questioned how far the applicants have come with the Suffolk County Department of Health Services and Article 6 . Mr. Gill stated that the approvals were on there way, as well as , the approval of the Department of Environmental Conservation. The Chairman stated that if these approvals were not anticipated prior to September 25 , that an extension would have to be requested due to the time limit `.for scheduling a public hearing. Mr. Conforti requested an extension for the record to the time does not. lapse, however, the Chairman requested that this be done in writing. Mr. Conforti explained that they were going to the DEC for the entire property so when the lots are sold the individual lot owners will not have to obtain any permits . The Chairman told them that this subdivision map has been reviewed by theinew Town Planner and the Town Engineer and it was found that with the deletion of the wetlands from the building lots, several of them are undersized. Mr. Conforti presented' a memorandum citing court cases where this was challenged and the courts ruled for the applicant. Mr. Conforti also questioned the Board' s action as this is not a cluster subdivision but a standard one, and there is. no provision for deleting wetlands . Th Chairman quoted from the Southold -Town Ordinance Section 106-36C. Mr. Gill explained the DEC had flagged all the lots and they had made field inspections of the site . He went .to say that all the building .envelopes were set back from the wetlands .The Chairman said that the memorandum presented would be sent to the Town Attorney for his review. Mr. Gill said that they would be unhappy to loose any more lots due to the fact that tfor the Suffolk County Deparmtnet of Health Services , they had to loose 2 lots for the water treatment plant. The Chairman also presented correspondence from the Mattituck Board of Fire Commissioners indicating the number of fire hydrants and the required gallons per minute. THe attorney's requested a copy of this letter and stated that they would be happy to comply to the Fire Commissioners 'request. There was a question as to the yard hydrants shown on the plan and the attorney' s stated that these are for- irrigation purposes only. Pg. (3) 8/20/84 l On a motion made by Mr. Latham, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board , follwoing a field inspection of the property, refer the site plan of John E. Rempe . and Stacia M. Rempe for a storage building located at Greenport dated July 18 , 1984 to the Buidling Department for Certification. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward Ernest Curran- Mr. Samuel Glickman, esq. was present to discuss the set-off located at East Marion, which was also before the Board of Appeals for a variance for the insufficient area. He explained that both lots proposed contained pre-existing houses which have been there prior-.to;..•-11-941. He also stated that many of the lots in the surrounding area are as small or smaller than those proposed. The attorney also stated that these homes are served with fresh water with there own systems . The Chairman reviewed the photographs which were 'presented for the file. It was the consensus of the Board that a field inspection will be made of the property prior to any actions or recommendations . David Brawner-Mr. Brawner was present to discuss this minor subdivision at Orient whcih received approval from the Board of Appeals for the insufficient area of the lots . It wa noted in the Board of Appeals approval that a. request had been made for an additional strip- of land to increase the lot. size. On a motion made by Mr. Mullen, seconded by Mr.. Latham it was RESOLVED that the Southold Town Planning Board approve the set-off of David and Jeanne Brawner located at Main Road, Orient, subject to the following conditions : 1. Receipt of and filed with the County Clerk covenants and restrictions indicating no further subdivision of the remaining lot in perpuity. 2 . Receipt of six (6) original copies of the survey indicating the additional strip of land on the southerly side of the parcel to be set-off as per. the Board of Appeals .approval. 3 . Review of the suffolk County Planning Commission. Vote of the Board:. Ayes : Orlowski, Mullen, Latham, Wall, Ward Koke and Bertani site plan- The Board reviewed this site plan for retail establishments located at Southold. Mr. Ward, boardmenber, had made some suggested changes on the plan Mr. Bertani and . Mr. Koke were present andthe Board reviewed :these changes with them. Mr. Bertanin and Mr. Koke were in agreement to these. On a motion made by Mr. Latham,. seconded by Mr. Mullen it wa Pg. (4) 8/20/84 RESOLVED that the Southold Town Planning Board refer the site plan of Alexander Koke and John Bertani located at Southold for retail establishments to the Buil ing Department for certiffcation subject to reciept of six (6) copies of the site plan with the indicated changes made . Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall , Ward Penelope and Pasquale Gemma-The Board reviewed the amended site plan maps for this proposal for a restaurant and gift shop on the Main Road at Cutchogue. The Board had made a field inspection of the property. On a motion made by Mr. Ward, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board refer the site plan of Pasquale and Penelope Gemma for a restaurant and gift shop located at Cutchogue to the Building Department for certification subject to receipt of 'six (6) copies of the map indicating asphalt paving and drainage. Vote of the Board: Ayes : orlowski, Mullen, Latham, Wall , Ward 280 North Road-This is a site plan for retail stores located at the North Road at Greenport, formally referred to as the Greenport Mall . The Board had ma de a field insptecion of the property and it was the consensus that the applicant be brought in at the next availabe meeting to discuss the proposal. Mr. Latham, boardmember, commented onthe bad flooding in this area of the North Road. Mt. Beulah Acres- Mr. Rudolph Bruer, esq. was present regarding this approved major subdivision. Mr. Bruer requested that the Board give consideration to the request of his applicant regarding the spur road referred to as "Cosden Court" . Mr. Bruer proposed to dedicate to the Town this road without improvements and offer cash in the amount of $15 , 00o. for the improvements in lieu of the performance bond presently held by the Town. Mr. Bruer stated that the road was indicated on the plan at the request of the Planning Board to provide access to the rear acreage in case that ever. came in for a subdivision. It was the consensus of the .Board to request an opinion from the Town Attorney as to the proceedure for this and whether or not it can be done . . The Board will also make a field inspection of the property. It was noted by Mr. Mullen, Boardmember, that the bond amount is $20, OOO which is more than the cash offered. - Brewer Yacht Yard: Proposal to excavate and create new docks- The Board reviewd this site plan although they did not get to make a field inspection. It was noted that thet.own Board requested the DEC to be lead agency and it was the consensus of the Board Pg. (5) 8/20/84 to wait until a 'negative declaration is issued by the DEC with regard to .the environment prior to any action by the Board. Reynold F. Blum: Chance of zone- The Chairman, Mr. Orlowski, read a letter in to the minutes as follows : Gentlemen: I wish to confirm, in whiting, my earlier statement on the record, to the effect that I will abstain from any involvment in connection with the application of Reynold F. Blum for a change of zone. Very truly yours, BENNETT ORLOWSKI, JR. , Mr. Orlowski then turned the file over the Board,r.member, William Mullen and .left the room to get a drink of water. . Mr. Mullen reviewed the file and noted that Mr. Ward, Mr. Latham, and himself had `made a field inspection of the property. They indicated that the proposed change of zone would be even . to the zone-_of -Brawner -:on"the adjacent parcel . Mr. Mullen read from the . fi.lo that the proposal is made so the applicant can expand his present business and a s a result two jobs will be created. The total acreage is 2 .9. On a motion made by Mr. Wall, seconded by Mr. .Latham it was RESOLVED that the Southold Town Planning Board, following a field inspection , recommend to the Town Board that! the change. of zone application of Reynold F. Blum located at. Cutchogue be approved. Vote of the Board: Ayes : Mullen, Latham, Wall, Ward Abstained; Orlowski Mr. Orlowski then came back in to the meeting. 'Hemblow located at Southold- Mrs . Gail Wickham, esq. was present for this proposed set-off, of two .acres . The Board . discussed covenants on parcel No. 2 for no further subdivision inperpuity, which was agreed to by the attorney. On a motion made by Mr. Mullen, seconded by Mr. Wall it was RESOLVED THAT following a field inspection, the Southold Town Planning Board approve the set-off of Ann Hemblo, et.al . located at Southold dated last amended June 21, ,1984 subject to covenants and restrictions filed withthe County Clerk as to no further subdivision of Lot No. 2 in perpuity and review of the suffolk County Planning Commission. a Vote of the Board: Ayes-: Orlowski, Mullen, Latham, Wall, Ward pg. (6) 8/20/84. Sundown Farms located at Mattituck- The Board reviwed this minor subdivision; the applicants are. Mr: and Mrs . Steifer. Mr. Rudolph Bruer, esq.. was, present for the discussion. The Board questioned covenants and restrictions as to further subdivision in perpuity of lots since they are all over 2 acres. Mr. Bruer stated that he would be agreeable to covenant and restrict lots 2 ,3 , and 4 only; and .any further subdivision of lot' l would be restricted to a minor of 4 lots .with Planning. Board approval. The Board also questioned the right-of-way which follows a traveled dirt road. and lies, inside and outside the subdivision. The Chairman said that thePlanning Board only has jurisdiction over the part of the road within the subdivision so this could be a problem. Mr. Bruer presented a. decision from the Board of Appeals granting conditional approval to a portion of this right-of-way.. He also stated .that they wanted to imporve the right-of-way as inexpensively as possible. Mr.. WArd noted that there is a right-of-way currently running parallel to the lot line which is totally outside of the subdivision and would eliminate problems with moving the existing LILCO lines, hwoever, the attorney expressed his concern with the fact that he is not sure that his client has the legal right over that road. The Chairman said that we will, get in .touch with the Town Attorney in order to. get his opinion on the right-of-way . since it lies inside and outside the subdivision and there are ftconsiderable number of LILCO poles which would- have to be moved in order to comply with the . movement of the right-of-way inside the subdivision. Kruse .located at Mattituck- The' Board had made. a second field inspection. of the property and it was the consensus of the Board to request that the right-of-way off of Grand Avenue be widened to 50 ' and extended at a width of 25 ' along the northerly boundary, parallel to the right-of-way of Fox. Ricketts located at Mattituck- The Board reviewed this filed which was inspected by Mr. Mullen. On a motion made by ,Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board re commend. denial of the application of James and Beulah Ricketts to the Board of Appeals due to .the considerably undersized lots which would be created. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wail, Ward Dr. Mercier: site . plan at Mattituck-The Board reviewed the notes made on the plan by Victor Lessard. Mr. Lessard indicated that this site plan was certified. Pg. (7) 3/20/84 ON a motion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board approve the sit Eplan of Or. Mercier located at Mattituck for a professional office as certifed by the Building Department, subject to receipt of three copies of a site plan which indicates parking surface,drainage, and screening along the west property line . 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 the Southold Town Planning Board, following a field inspection, recommend to the _Town Board that the change of zone application for Horton Construction Co. be denied since the location is beyond the existing zone line and would not be in conformance with the surrounding area. Vote of the Board: Ayes : Orlowski, Mullen, Latha, Wall, Ward Douglas Miller at. Laurel- Mr. Guldi, esq. was present for the Board's review of this application. Mr. Mark Gross presented a colored map which was drawn by John Raynor of Watermill indicating the area around Laurel Lake which is where the subdivision is proposed. ' Mr. Gross explained that they (Laurel Lake Associatdton) were concerned with the eco system of the area and the vegatation, as well as , the animals and birds who habitate the area. He requested that all trees and vegatation within 100 ' of the water be left and not removed due to the environmental impact it would have. Mr.. Gross went on to say that he requested that any building be done in such a way that the by-products do not run into the lakq and he also requested that the Board consider his report and requests . Mr. Guldi, attorney for the applicant, answered Mr. Gross ' s concerns stating there would be minimum tree removal they would use buffers , the buildings would be set back as far as possible, and there would be minimal damage to the environment. The Chairman stated :that the Board had taken all the environmental factors intoconsideration, and is aware of the area.- However, -according to Section 106-36C, the. Chairman explained that the _ _ areas subject to flooding are considered out of the computation, _ therefore, the building area of the lots are `less than two- acres each so the lots are undersized. Mr. Mullen reviewed the_map and noted that there was 152,000 square feet of upland and 16210.00 square feet of marshland so of the total acreage betterthan half of that is marshland, and he recommended that the applicant create two lots rather than the three as proposed. Mr. Mullen said this was previously discussed with the attorney. -. Mr. :Mullen, also, stated that he did not feel that the three lots were compatible with the surrounding area. Mr. Guldi stated a two lot subdivision was not economically feasible to the applicant, and that he felt that the 1/4 acre upland would be one of the largest .lots with buildings on the lake . - - Pg. (8) 8/20/84 Miller Cont.-Mr. Guldi . disagreed with' the reasoning of the Board in their denial and the Chairman stated. "that .he would contact the Town Attorney for -hi-s -opinion regarding this , It was the consensus of the Board .to hold this application until an opinion is obtained from the Town.­.Attorney regarding the deletion of the wetlands from the buildable ,base of the lots under Section A106-36C. Stollmeyer located ,at Southold The Board made an inspection of " this property and noted that the cottage indicated on the survey was not actually on the property. Mr. Ward commented that the lots are very Tow and he did not feel that it was a good precedent to set-off the low lots . On a motion made by Mr.Wall, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board recommend that the Zoning Board of Appeals deny the application of A.M. Stol 1.lmeyer due to the low area of the lots , since the Planning Board does not feel it is a good precedent to set-off the lots in low lying areas . 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 recommend to the Town Board that the relief petition of Richmond -Creek Farms, located at ,Peconic, be denied since after preliminary approval was granted on Jurel5 , 1982 , the applicant went beyond the 180 days for filing for final approval. Therefore, the Planning Board. fee.ls it was the applicant who was not diligent in securing final approval . Vote of the Board: Ayes :. Orlowski, Latham, Wall, Ward Abstained: Mullen Southold Mall site plan, Jim Gray principal- The Chairman read correspondence from the Southold Town Chief of Police regarding the ingress and egress. of .the site plan. Chief Winters ' .correspondence-indicated that he had reviewed the site and was in favor of the proposed lay-out. , The Chairman also stated that the new post office is an out parcel on the plan, however the land was purchased by the government from Mr. Gray and was never subdivided by the Planning Board. This was not picked up by the Building Department even though the post office is under construction due to the fact that the Federal Government is exempt from building permits . They do, however, have to get Planning Board approval for the set-off and Mr. Gray has filed an application with the Board for this. The Board was in favor of the lay-out and stated that the situation with the post office should not hold up the site plan approval. Pg. (9) 8/20/84 On a motion made by Mr. Mullen, seconded by Mr. Wall it was RESOLVED that the Southold Town Planning Board approve the site plan of "Southold Mall ' Located at Southold, mapped May 3 , 1984 and amended June 25,. and August 1, 1984 for the construction of seven retail stores , one restaurant, and an addition on 'an existing restaurant . as certified by .the Building Departmett subject to: l. _ A one-year review by . the Planning Board Uote of the Boards 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 "Randazzo Building Co. , Inc . " located at Southold was submitted to the Planning Board on December 14 , 1983 and filing fee was paid February 16 , 1984 , WHEREAS, a _ public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on July; 9 , 1584 at 7 :30 p.m. , and WHEREAS, thesequirements 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 Randazzo Building Co. , Inc. for approval of said subdivision plat prepared by R. Van Tuyl with 11.259 acres , last dated March 14 , 1984 , be approved and the Chairman be authorized to endorse approval on said subdivision plat subject to the following conditions : 1.. Covenants and restrictions filed with the County Clerk stating no further subdivision of Lot No. 4 in perpuity. Vote of the Board: Ayes: orlowski, Mullen, Lathaml, 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 "Charles S. Witherspoon" located at Southold was .submitted to the Planning=Board onMarch 20, 1979 and, application fee in the amount of $20 was paid on A it 13 , 1979 and Whereas , a public hearing was 'held on siad subdivision application and plat at the Town Hall, Southold New York, on July 9 , 1984 at 7 ;45 p.m. , and WHEREAS, a 11 the requirements of the Subdivision Regulationsof the Town of Southold have Ineen met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of "Charles S . Witherspoon" for approval of said subdivision plat subject to the Pg. (10) 8/20/84 followin g conditions within 60 days from the date of this resolution: 1. Covenants and restrictions filed with the County Clerk stating no .further subdivision for the unnumbered lot west of Lot No. 1 in the subdivision. Vote of the Board: Ayes : Orlowski, Mullen, Latham, Wall, Ward August Acres major subdivision at Southold- The Chairman read correspondence from the Town Attorney regarding the approval onthis subdivision and the applicant' s request for an extension and a re-approval. "Dear Mr. Orlowski: This letter is in response to .your letter to me of August 13 , 1984 relative to the above mentioned subdivision, wherein you have requested ,by opinion as to the manner in which the Planning Board should proceed with this matter. It would appear from the information which you sent me that on June 27 , 1975 , the Planning Board granted conditional final approval of the subdivision map. It would also appear that the conditions imposed on such final approval have not been complied with by the applicant. Section A 106-24 F (2) of the Rules and Regulations for the subdivision . . of land provides, in part, as follows : "Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval unless such requirement has been certified as being completed. " A similar provision is contained ins Section 279 Subdivision 4 of the Town Law. By reason of the foregoing, it is my opinion that the final approval of the subdivisionmap expired 180 days after the resolution conditionally approving the same since the applicant did not, within such time , meet the conditions imposed. It would, therefore, be my opinion that the Planning Board must request that the applicant file a new application for final approval of the subdivisionmap in question and then the Planning Board can proceed in the normal manner with the hearing and consideration of the final approval, including the amount of a bond to guarantee the completion of improvements remaining uncompleted at this time. If you wish any further information or wish me to appear before the Board to discuss this matter in further detail, please so advise me. Yours very truly, Robert W. Tasker. " On. a motion made by Mr. Ward, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board refer the Town Attorney' s correspondence to Mr. James Posillico regarding August Acres, and. the Board will make a field. inspection of the property prior, to setting a public hearing date . Vote of the Board: Ayes : orlowski, Mullen, Latham, Wall,Ward DEC Memorandum of Understanding: It was the consensus that the recomendation to the Town Board on this matter be held over until the Board has had a chance to review same. ' Pg. (11), 8/20/84 On a motion made by Mr. Ward, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board set Monday, August 27 , 1984 at 7 :30 p.m. at the Southold Town Hall as the next regular meeting for the Planning' Board. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Wall, Ward On a motion made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southold 'Town Planning Board recommend_ to grant approval of a building permit within the subdivision of Qou,ntry Club Estates , Lot No. 32 subject to a 280-a approval for the access road. This is conditional upon .no certificate of occupancy being issued until completion of the road as per the requirements of John W. Davis ' report and a review by the Superintendent of Highways and. the Planning Board. Vote of theBoard: Ayes : Orlowski, Mullen, Latham, Wall, Ward There was discussion introduced by Gertrude King Reeves as to the meaning of the term "C & R' s" which is used by the Chairman. It was noted that this is a term for covenants and restrictions . There was discussion regarding the condition of the road within the subdivision of Seettler' s at Oysterponds at Orient. Mr. Latham reviewed correspondence from Mrs . Wachsberger regarding the flooding of this road. It was the consensus of the Board to send correspondence to Mr. Horowitz regarding this and Mr. Latham stated that he would try to contact Mr. Dean, Superintendent of Highways . Being no further business to come before the Board on a motion made by Mr. Latham, seconded by Mr. Mullen and carried the meeting adjourned at 9 :50 p.m. espectfully .submitted, Dial. Schu tze, Secretary Southold Town _Pl.anning Board �L Bennett Orlowski, Jr. , Chairman RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR1a:iaA•M . Town Clerk, Town of Southold