HomeMy WebLinkAboutPB-08/27/1984 P D
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Southold, N.Y. 11971
(516) 765-1938
A regular meeting of the Planning Board was held on August
27 , 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
Richard Ward, Member
James Bryer, Town Planner
Victor Lessard, Executive Administrator
Mr. Howard Young. met with the Board for a discussion on
the subdivision of Mohring Enterprises located at Peconic .
He noted that -this was originally submitted as a 5 lot
subdivision and has since been amended to a four lot
subdivision with a private right-of-way. The Board stated
that they would have to make a field. inspection asthe
irrigation pond goes through the right-of-way and following
the field inspection they will determine if a road profile
is needed. It was the consensus of the Board that they
will request covenants and restrictions as to no further
subdivision of Lots 1,2 , and 3 and any further subdivision
of Lot 4 will be a major and the right-of-way will have
to be built to Town specifications . It was also the
consensus of the Board to conduct a field inspection
prior to any further action.
Alexander Enterprises- The Board reviewed this proposal
for 4 lots on 28 .6 acres located at Mattituck. It was the
consensus of the Board that a field insepction will be
made prior to any further action. The Board also agreeed
to request covenants and restrictions that there be no
further subdivision in perpuity.
Patterson- The Board reviewed the proposal for 2 lots on
1 . 05 acres located at Laurel . This proposal was also
before the Zoning Board of appeals for an insufficient area
variance . It was the consensus of the Board that prior
to any action a field inspection will be made .
Page 2 8/27/84
On a motion made by Mr'. Mullen; seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board, following
a field inspection, approve the sketch paln of Ronald
Strain located at Cutchogue, mapped June 6 1984 and amended
August 3 , 1984 for 4 lots on 8 .6736 acres .
Vote of the Board: Ayes : Orlowski, Mullen, Lahtam, Ward
Relyea located at Laurel-
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board grant sketch
plan approval to the minor subdivision of Richard and Donnalee
Relyea located at Laurel dated June 21, 1984 subject to
the 50 ' right-of-way being dedicated to the Town in the
future if the land to the West is ever subdivided.
Vote of. the Board: Ayes : Orlowski, Mullen, Latham, 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 set-off of George R. Tuthill located at East Cutchogue
dated February 15 , 1984 as last amended subject to' the review
of the Suffolk County Planning Commission.
Vote of the Board: Orlowski, Mullen, Latham, Ward
This received an insufficient area variance from the Board of Appeals .
John Diller was present to discuss the minor subdivision of
John and Frank Diller located at Peconic for 4 lots on 52 .6
acres . Mr. Diller questioned the improvement of the right-
of- way. The Chairman stated .that any approval would be
subject to an approved access under Section 280=a of the Town
Law. He further explained that no building .permit wil be
issued for any lot until access is acceptalbe ._ Mr. Diller
questioned if he could sell any of the lots and the Chairman
said that this could not be done because it would not be a
building lot, and it would be evading the subdivision regulations .
Mr. Diller questioned if improving the road would be a, condition
of subdivision approval . The Chairman stated that he would
check with the Town Attorney regarding. this , however, this
right-c,2-way would have to be constructed prior to any building,
therefore it should be done before the lots are sold. Since
this lot also contains a recharge basin with an access road
to it, Mr. Diller wanted to use this access road which is
existing as the beginning of his road. However, it was noted
that by doing this a fifth lot seems to be created. The
Board questioned if the right-of-way could be relocated to
the West property line and Mr. Diller explained that there
was a barn that would have -to be taken down to do this .
Page 3 /27/84
Diller cont- Mr.. Diller also stated that relocating the right-of-way
would mean moving the barn and cutting down trees and it was his
intent to leave the structures and thefr'ees in place. The Board
requested the 50 ' strip parallel to the Sound for future dedication
to the Town pursuant to the master plan. Mr. Diller stated that
he .would be agreeable to the dedication- of the road, pursuant
to the Town ' s master plan.
Mileska set-off on 66 ,700 sq. ft. at Mattituck The Board of
Appeals presently has an application for an insufficient area
variance for this set-off. Following a field inspection of
the property it was the consensus of the Board to recommend
to the Board of Appeals that the subidivsion of Mileska
does not comply with the current two-acres zoning, however,
the surrounding area contains small lots .
Harbor LI hts Section Five located at Southold- The Board reviewed
the correspondence from the Town Clerk requesting our findings
regarding the relief Petition -filed for exemption from two-acre
zoning. The Board also reviewed the list of chronological events
which. occured between the Planning Board and the applicant,
Harold Reese . It was noted that there was a considerable time
lapse between discussions with the applicant. Therefore, the
Board will forward this list of events with their recommendation
that this relief petition be denied to the Town Board for
their determination.
Simicich located Mattituck, 2 lots on 3 .57 acres- The Board reviewed
this proposal whcih received approval from the Board of Appeals for
the insufficient area of the parcel . Mr. Charles Cuddy, esq.
was present for this discussion. The Chairman read the Board of
Appeals approval and Mr. Cuddy requested approval .
On a motion made by Mr. Ward, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board approve the set-off
of John Simicich located at Mattituck dated as last amended April
24 , 1984 , subject to the review of the Suffolk County Planning
Commission.
Vote of the Board: Ayes : Orlowski,Mullen, Latham, Ward
Briscoe Smith located at Fishers Island- The Board reviewed this
proposal for 4 lots on 4 acres which received relief from the
two-acre zoning by the Town. Board. It was noted that the application
had been returned and we were not in receipt of a newly filed
application or a filing. fee . Since the Fishers Island Board
member was not present either it was the consensus of the Board
that this proposal be held over.
Page 4 /27/84
Samuels located at Orient- This proposed minor subdivision is for
2 lots on 3 .75 acres . The Chairman reviewed pictures of. the
area which were submitted to the Planning Board office . It was
also noted that the Board has received the amended surveys of
the lots and James Bryer, Town Planner, has reviewed them ,
With the deletion of the meadow lands , there is not enough buildable
area for the current two acre zoning . . Mr. Samuels was present
for this discussion and approached the Board, he explained that
meadow land is above the mean high water mark, therefore, he
feels that it can't be marsh. He stated that he had requested
Mr.Van Tuyl to indicate t he mean highwater mark because that
is the limits of the property. Mr. Samuels questioned the
time it took for the Board' s action and the Chairman noted that
much of the time was spent discussion the various other possiblities
for the land with the applicant. Mr. Samuels requested that the
Board take action on the application and also indicated that he
felt Mr. Latham should refrain from voting due to the nature of
his business in relation to Mr. Samuel ' s business . Mr. Latham
stated that he did not have an interest in the business any
longer as it was being run by his son and Mr. Samuels withdrew
his request.
On a motion made by Mr. WArd, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board deny the application
of Thomas Samuels to subdivide 3 .75 acres into two parcels
located at Narrow River Road, Orient since the buildable area of
the lots is less than 80, 000 square feet, therefore, lots of
insufficient area would be created.
Vote of the Board: Ayes : . Orlowski, Mullen, Latham, Ward
Mr. Latham asked that it be noted that he did vote in the motion.
Mr. Terrial representing the Southold Town Bayman' s Association
was present with --several objections other than the one expressed
by the Board in thier denial . The Chairman stated that the Board
would stand o nthe original reason for denial since they cannot
approve any lots under 2-acres . , and all the other information
was reviewed and taken into consideration. The Chairman suggested
that any additional objections be sent to the Department of
Environmental conservation for thier public hearing. Mr. Mullen
requested that the following letter from the Planning Board file
be read into the minutes : Mr. Samuels letter of May 8 , 1984 ,
" allow me to thank you for your courteous attention to the
referenced application of last evening" I think we have proceedd
in a timely and orderly manner since the original application
was made November 1983 , said Mr. Mullen.
On a motion made by Mr. Mullen, seconded by Mr'. Latham it was
RESOLVED thatthe Southold Town Planning Board grant an extension
to Margery Dickinson Burns for filing final maps of the
subdivision of Margery D. Burns , located at Southold, for a period
not to exceed 90 days from the date of this resolution.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward.
Page 5 8/27/84
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve the
amended site plan of Founders Village located at Southold for
the construction of a bath house, plans dated received by the
Planning Board July 12 , 1984 as certified by the Building
Inspector. .
vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
Charles Simon Estate located at Southld- The Board reviewed
this proposal for 4 lots on 39 .5 acres . It was noted that
the covenants and restrictions as requested by the Board had
been submitted and approved by the Town Attorney.
On a motion made byMr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve the
sketch plan of "Charles Simon Estate located at Peocnic ,
for 4 lots on 39 .5 acres , plans dated .March 7 , 1984 and
amended March 21 , 1984 .
Vote of the Board: AyErs ; Orlowski, Mullen, Latham, Ward
On a motion made by MR. Latham, seconded by MR. Mullen 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 minor---subdivision of Robert and Aldona Norkus is a 4 lot
subdivision located at Southold.
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.
1
Page 6 8/27/84
Because there has been .no response -from the Department of
Environmental Conservation in the allotted time it is
=T. assumed that there are no comments or objections from that
s agency.
Because there has been no response from the Department of
Health Services within the allotted time , it is assumed that
there are no comments or objections from that agency.
The project will meet all the requirements of the Code
of the Town of Southold Subdivision of Land Regulations .
Purther information can be obtained by contacting Diane M-. -Schuft-z-ea:
Secretary, Southold Town Planning Board, Main Road, Southold, New York
11971
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 Planning Board request an updated
bond estimate on the following subdivisions: Sylorrett Estated
locate at Cutchogue , Richmond Shores located at Peconic, Paradise-
by -the-Bay at Southold, an eu ah located at Southold.
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 approve the
minutes of the regular meeting of May 21 , 1984 .
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 approve the minutes
of the regular meeting of June 4 , 1984 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
On a motionmade by Mr. Mullen, seconded by Mr. Ltham it was
RESOLVED that the Southold Town Planning Board approve the minutes
of the regular meeting of June 25 , 1984 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
Page 7 8/27/84
On a.imotion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board set September 10 ,
1984 at . 7 :30 p.m at the,Southold Town Hall , Main Road, Southold
as the time and place for the next regular meeting of the Board.
Vote of the Board: Ayes : Orlowski, Mullen, latham, Ward
Stegner located at Southold- The Board reviewed this file which
received approval from the Zoning Board of Appeals for an insufficient
area variance . There was correspondence in the file that this
application could be handled as a set-off since the lots were
declared merged, this was from the Town Attorney.
On a motion made by Mr. Ward, seconded by MR. Latham it was
RESOLVED that the Southld Town Planning Board approve the
set-off of Daniel and Patricia Stegner located at Southold, dated
Augsut 8 , 1984 as las t amended subject to the review of the
Suffolk County Planning Commission and receipt of the filing
fee of $50.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Watd, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board recommend to
the Town Board that the change of zone application of Daniel
A. Kaelin, located at Cutchogue , be approved because it conformns
ith an extension of the existing Bl zone .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, WArd
Winds Way Building Corp. located at Southold - Mr. Latham and
Mr. Mullen reported to the Board following their field inspection
and it was noted that this area. contained very large trees .
This application was before the Zoning Board of Appeals for
an insufficient area variance and they were holding the application
for the Planning Board recommendations .
On a motion made by Mr.Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board recommend approval
of the set-off of Winds Way Building Corp. located at Southold,
map of Savante Johnson dated June 18 , 1984 .
Vote of the Board: Ayes : Orlowski, Mullen; Latham, Ward
It was also requested that the developer give consideration to
retaining the trees on the site.
Page 8 3/27/84
ON a motion made by Mr. Ward, seconded by Mr. Mullen the
following action was taken:
NEGATIVE DECLARATION
Pursuant to Article. 8 of the Environmental Conservation Law S
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 minor _subdivision of the John Simon Estate , located
at Peconic is 4- 4 lot subdivision.
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 response from the Department of
Environmental Conservation in the allotted time, "it. is assumed
that there are no comments or objections from that agency.
The Department of Health Services has no objection to our
designation of lead agency status,. there is no .record of an
application to their department. Their primary environmental
concern pertaining to residential development and subdivision is
that the applicant comply with the requirements of Suffolk County
Sanitary Code especially Article VI, and relevant construction
standards for water supply and sanitary sewage. disposal . These
considerations are to be reviewed completely at the time of
application. Full consideration in placement of water supply
wells and disposal systems is given to State and Town Wetland
requirements . The Health Department mainLains jurisdiction
over final location of disposal and well sys-'Cems anc± the
applicant should not undertake to construct any water supply
or disposal system without Health Department approval.
The project will meet all the requirement s of the Code
of the Town of Southold Subdivision of Land Regulations.
vote of the Board: Ayes : Orlowski, Mullen,Latham, Ward
Following this action, Mrs . Betty Mead, a relative of John
Simon, questioned the meaning of this negative declaration.
The Chairman explianed the SEQRA procedure . The Board also
noted that the application for the Diller subdivision which
Page 9 8/27/84
John Simon Estate cont.
was discussed earlier in this meeting runs parallel to- the
application the John Simon Estate. It was
also noted that the right-of-waygiller is on the side
of the property which borders the John Simon Estate
property. The Board requested consideration be made to
moving the right-of-way of the John Simon propoerty
to the easterly side to make it run parallel to the Diller
right-of-way for a total width of 501 . Mr. Ward explained
that this would be advantageous to both applicants since
the right-of-way on each subdivision. could be 25 ' creating
one right-of-way of 501 . The Chairman stated that for
the present if this was done, the right-of-way would
only have to be 16 ' wide-improved 8 ' on each property,
however the 50 ' right-of-way would be there in case
the remaining property is developed. MRs . Mead and Mr.
Simon who were present requested that sketch approval
be given . The Board . also stated that they would like
an East/West right-of-way running parallel to the Sound
for a width of 50 ' which would require an amendment to
the 25 ' _East/West right-of-way shown on the map. The
applicant stated that he had no problem with .the
request and the Board requested that the applicants (Diller and Simon)
work togethor 'on the North/South right-of-way.
On a motion made by Mr. Ward, seoncded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board grant sketch
flan approval to the minor subdivision of the "John Simon
Estate" located at Peconic, plans dated September 9 , 1982
as last amended, subject to a 50' right-of-way running
East/West.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
Constance Klapper lot-line change located at Mattituck-
This application was to change a lot-line which the applicant
thought was there when he purchased the property. There
was an application to the Board of Appeals for theinsufficient
area variance needed and they were waiting the Planning Board' s
comments . There were already houses on the premises . Victor
Lessard ,explained that one house was formerly a studio and
when the building permits were issued evidently the building
inspector .thought the subdivision was a legal subdivision map.
The Chairman recommended approval since this would legalize
what is already existing.
On a motion made by Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board recommend to the
Board of Appeals that the application of Constance Klapper be
approved. It was also noted that any approval by the Planning
Board would be subject tocovenants and restrictions as to no
further subdivision of any lot in the future .
Vote of the Board : Ayes : Orlowski, MUllen, Latham, Ward
Page 10 8/27/84
Department of Environmental Conservation Memorandum of Understanding:
The Board reviewed this memorandum which would simply the SEQRA
process since we woul d not have to coordinate with the DEC
on routine subdivisions for lead agency status . The Planning
Board is to make recommendation to the Town Board on the
implementation of this memorandum. It was the consensus of the
Board to hold this over until all the boardmembers have had
a chance to review it fully.
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board accept and request
complia, pce with John W. Davis ' report No. 382 regarding the
mountable curbs with in the subdivision of Grand View Estates
located at Orient.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
The Planning Board requested that the secretary forward a copy
of this report to the developer, Mr. Harold Reese , for his
review and compliance .
Crenshaw site plan for office and storage at Mattituck- The
Planning Board set this application for a field inspection.
Main Street Market-The Board set this site plan for a field
inspection in order to conduct their one-year review of the
approved addition. This is to determine if, the construction
and conditions of approval have been complied with. This
site plan is located at Southold.
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: 15 p.m.
Respectfully submitted,
Diane M. Schultze , ..Secretary :
Southold Town Planning Board
Bennett Orlowski, Jr. , C1141krman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK .
DATE 10,a318 q- HOUR //.3ZA A
Town Clerk, Town of Southold