HomeMy WebLinkAboutPB-11/05/1984 5�FF0(l
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Southold, N.Y. 11971
(516) 765-1938
The Southold Town Planning Board held a regular imeting at November 5 ,
1984 at the Southold Town Hall,Main Road, Southold.
Present vere:
Chairman Bennett Orlowski, Jr. .
Member G. Richie Latham
Member Richard Ward
David Emilita, Town Planner
James Bryer, Town Planner
Victor Lessard, Executive Administrator
Frank Yakaboski, Special Counsel
7 :30 p.m. Public hearing onthe question of approval of the minor
subdivision of Sophia and Richard Greenfield to be known as" Cabot' s
Woods" located at Peconic containing 9.460 acres .
On a motion made by Mr. Latham, seconded by Mr. Ward it was
RESOLVED that the Southold .Town Planning Board dispense with the
reading of the metes and bounds for the minor subdivision of
Sophia and Richard Greenfield located at Peconic, containing
9 .460 acres .
Vote of the Board: Ayes : Orlowski, Latham, Ward
Mr. Orlowski: We are in receipt of the filing fee. We are in ,
receipt of proof of publication from the Long Island Traveler
Watchman signed by Pat Wood and notorized by Barbara Forbes and
also proof of publication in the Suffolk Times , signed by Anna
Lekkas, and notorized by Judith Chien. The file appears to be
in order here , we have a map here, since we are all working
together, . and, there has been an amendment to this map, and
that only being that Lot 2 was enlarged slightly and lot 3
was cut down slightly and it makes the lot larger and makes
lot 3 smaller than 1.24 ,610 sq. ft. but I don't see any problem
with that. We have the covenants and restrictions , any approval
tonight would be subject to Covenants and Restrictions being
approved by Mr. Tasker. Everything else appears to be in order.
At this time I will ask if .there is any objections to this
minor subdivision. Hearing none. Is there anyone here with
endorsements of this minor subdivision? Yes .
Dick Greenfield: I believe you have all .the papers necessary
Page 2 11/5/84
Dick Greenfield: for this and I respectfully request that you
approve it.
Mr. Orlowski: Okay, is there anyone here neither pro nor con.
but would have- information pertaining to this subdivision that
the Board should know about. Okay.
Mr.. Ross : How -many parcels or lots are made into this subdivision?
Mr. Orlowski: Four. Okay, any questions from the Board, Mr.. Latham
(none) Mr. Ward (none) Okay being no further questions ,I ' ll declare
this hearing closed and thank you all for coming.
George and Irving Newman: ' .Janet Geassa, attorney for the applicants
was present- for. the Board`' s review of this minor subdivision. Mr.
Latham made a field . inspection of the property. Mr. Latham 'noted
that Lot .No. 4 seems to go into the meadow:: Mr. Orlowski stated
that the area of the meadow, 2 .8 acres added to the area of
Lot No. , 4 .2 acres would be 7 . 1 acres , therefore., enough to
satisfy the zoning requirements with buildable upland. The Board
also requested covenants and restrictions as to .no further.
subdivision in perpuity. Ms . Geassa stated that her clients
had wished to create a minor subdivision only., and it was agreed
that Lot NO. 4 could contain covenants and restrictions as to
no further subdivision. Mr. Ltham stated his concern that sometime
in .the future someone would. want to put. a dock there, and he noted
that. it is a shallow creek. Ms . Geassa stated that a restriction
could be put in the deed when the lots are sold. Mr. Latham
stated that .perhaps the Nature Conservancy would be interested
in obtaining the meadow area since they own considerable land
adjacent to this parcel-. Ms . Geassa -stated that her clients
did not want a major subdivision, therefore they would be
happy to have Nature Conservancy take the land or donate it to
the Town to be held open space . in perpuity if they could do
it without a major subdivision. Mr. Orlowski stated that it.
would be a good idea to contact nature conservancy to determine
their interest in .this land, however, a covenant as to no. further
subdivision or .no building past the line of the dike . It was
the consensus. of the .Board .to contact Nature conservancy regarding
the possible acquisition of -the area of meadow shown on the survey,
or if this can not be done, covenants and restrictions as. to
no further subdivision and no building.
7 : 45 p.m. Public hearing onthe question of approval of the final.-;
maps of the major subdivision of John and Oliva Fellinger-Ihar
to be known as "Woodbine Manor" Located at Cutchogue, containing
20.234 acres .
On a motion made by Mr. Latham, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board dispense with
the reading of the metes and bound sof the major subdivision of
John and. Oliva Fellinger-Ihar located at Cutchogue, containing
20 .234 acres .
Vote of the Board: A+.�,.es : Orlowski, Latham, Ward
Page 3 .11/5/84
Mr.. Orlowski: We have proof of publication inthe Suffolk TImes
signed by Anna Lekkas, netor'ized' by Judith Chien,, we also have
proof of publication in the Long. Island Traveler Watchman signed
by Pat Wood, notorized .by Barbara Forbes .. Okay, this has been
around for quite a while. At.-one time, having approval, but
then a little time lapse there .and what was needed. We have
had come around again for another final- hearing. At this point
in time , we have everything we need. What we 'don't. have yet
is a. report .from. the Town Engineer on the bond estimate, which
we will have to have for the road :improvements . And other than
that everything is in order. Okay, at this time I would like..
to ask if there is anybody out there opposed ;to .this subdivision?
(hearing none). Is there anyone out there in favor of this .
subdivision?
Mr. Fellinger-Ihar-I am here with my wife, we are partners together,
we complied with everything, Mr. Chairman, and we respectfully
request your approval . I have a confirmation to Mr. Raymond
Dean, the Superintendent, we agreed on the roads , how to build
and I have now the contract from Mr. Corrizini. Two weeks will
be done . We have to subbase 6" of concrete and will be topped
with two inch of blacktop. I think we will have a good road.
Mr. Orlowski: This will be finished in two weeks?
Mr. Fellinger-Ihar- In two weeks . We think two weeks.
Mr. Orlowski: Okay, you know up to then that there can be
m,-building permit .on any of those lots in that subdivision
without a bond.
Mr. Fellinger-Ihar: Yes, we realize that.
Mr. Orlowski: Okay.
Mr. Fellinger-Ihar: We will send a copy of this .
Mr. Orlowski: That is with Corrizini . You want to hand that in,
for the file .
Mr. Fellinger-Ihar.: Yes, but I couldn' t- make anouther copy of this ,
but I will send tomorrow.
Mr. Orlowski: Alright, okay, does any body have any questions ,
Mr. Ward (none) , Mr. Latham (none). Okay. Well, if the applicant' s
going to have the road finished and approved before any before
any sales or building, then that is up to the applicant. Alright.
The final question will be is there anybody here neither pro nor
con .but with information pertaining.to this subdivision that the
Board should know about? Okay, hearing none, I ' ll declare this
hearing closed and thank ...you all for coming down.
Seacroft site plans located at Cutchogue- Mr. Richard Cron, esq. '
was present for an appointment with the board for consideration
of request for site plan approval by Seacroft, Inc . located. at
Cutchogue; for 160 units on 46 . 16 acres .
-Page 4 11/5/84
Mr. Orlowski: Mr. Cron .
Mr. Cron: Gentlemen.
Mr. Orlowski: Good evening. I will start out with one .question.
On the parcel: on the tax. map, I guess we have an., old tax map., it
shows the parcel that the shopping is going to be on and the parcel
that. the. .condominiums are going to be on as one parcel , , 52 .7 acres .
Mr. Cron: That is incorrect.
Mr. Orlowski: Can I just ask when this property was subdivided?.
Mr. Cron: It was never subdivided. We purchased one parcel inone
entity and purchased another parcel in another.
Mr. Orlowski: Then it is still one parcel .
Mr. Cron: No. It is owned by two separate entities .
Mr. Orlowski: Because looking into it, it seems .that back in 1981
it was set-off in the tax department but not by this Board.
Mr. Cron: Two different zones .
Mr. Orlowski: Okay, that was just a question we had. Another
question is , on your last letter the Board got the feeling that
you are not going to provide us with an EAF except the part I
that you submitted with your change of zone, and you gave us
a. copy of it. Right?
Mr. Cron: I believe in- your prior letter you had asked for an
EAF part I and I indicated that-,a new SEQRA process was something
you were .not" entitled to., however, in the light of the fact that .
there was a Part I submitted in connection with the zone change,
I furnished you with a certified copy as it appeared in the Town
Board file, for the zone change.
Mr. Orlowski: Okay, well the Board has reviewed that. I would
just like to say that the Board, in trying. to do this proper, .has
hired a counselor, Frank Yakaboski, who is sitting with us tonight,
to make sure that we are doing everything proper. I am sure you
want us to do that, and we have reviewed it and also completed
Parts 2 and 3 . Dave Emilita, our Planner, has been put on this
and has finished it and given us the report and at this time
I. will let Mr. Ward read the resolution that the Board would
like to read into the minutes .
On a motion made by Mr. Ward, seconded by Mr. Latham the- following
action was taken:
WHEREAS, on or about April Of 1984 , SEACROFT, LTD. , a New York
Corporation having an adress at Main: Road, .Cutchogue, New York,
11935 , submitted a preliminary sketch plan and attended a pre-
submission conference in anticipation of submitting a application
for site plan approval for the construction of a 160-unit
condominium project .to be constructed on approximately 46 . 12 acres
of land situate off Griffing Street in the Hamlet of Cutchogue in
conjunction with a shopping plaza of approximately 50 , 000 square
Page 5 11/5/84
Seacroft cont.
feet .on an abutting parcel to the south. which said parcel is
bounded on the east by Griffing Street; and
WHEREAS, as of the 17th day of October, 1984 , the applicant
has submitted to the Board a certified set of plans for the
construction of a 160 condominium units and is now requesting
site plan approval therefor, pursuant to Article XIII of the
Code of the Town of Southold; and
WHEREAS, this Board has ,reviewed the original preliminary
sketch, minutes of the pre-submission conference and the certified
plan submitted and has received a report from its planner relating
to the environmental impacts of this project;
NOW, THEREFORE, BE IT,
RESOLVED that it 's this Board' s determination that the
application of SEACROFT, LTD. for site plan approval is subject
to the provisions of Article 8 of the Environmental Conservation
Law (SEQRA) , and be it
FURTHER RESOLVED, it is this Board' s desire to be the lead
agency with respect to this action.
The other interested agencies are the New York State Department
of Environmental Conservation, the Suffolk County Department of
Health Services , and the Suffolk County Planning Commission which
agencies after informal conferences have indicated their willingness
to have this Board act as lead agency. In the -. interest of expediting
the review process this Board hereby declares itself to be the lead
agency with respect to this action, and it is
FURTHER RESOLVED that the proposed action is a Type 1 action
as defined by ARticle 8 of the Environmental Conservation Law (SEQRA)
and the regulations thereunder, in that it consists of the construction
of new residential .units in excess of 50 units which are not proposed
to be connected at the commencement of habitation to community
or publicly owned utilities .
Alternatively, in the event such action were 'not to be
determined a Type 1 action, such action would constitute an unlisted
action which will have a significant impact on the environment,
which impacts are set forth in the Environmental Assessment Form,
Part III , on file with this Board. Further, this project and
its environmental impacts must be viewed in aDnjunction with the
proposed construction of the adjacent shopping plaza and the significant
environmental impacts likely to. result therefrom. Under either
classification, this action is significant, and it is
FURTHER RESOLVED, therefore, that a full DEIS be prepared
by the applicant, and it .is ,
FURTHER RESOLVED that SEACROFT' S, application for site
plan approval shall not be deemed complete until a draft EIS
has been accepted by this Board as lead agnecy as satisfactory
with respect to scope, content , and adequacy, and be it,
FURTHER RESOLVED, thatthe Chairman of this Board be directed
to prepare and forward to the appropriate agencies and departments
a notice of positive declaration, pursuant to . 6NYCRR part 617 ,
and any appropriate local law of the Town of Southold.
Vote of the Board: Ayes : Orlowski, Latham, Ward
Mr. Orlowski: We feel in doing that; Mr. Cron,we have to address
SEQRA.
Mr. Cron: Let me put on the record, first of all , that your resolution
Page 6 11/5/84
Mr. Cron cont: contains many inaccuracies in terms of facts and
items allegedly submitted to this Board. I trust that you
will furnish me a copy of that resolution.
Mr. Orlowski: Sure .
Mr. Cron: At the earliest possible date . I will then be inclined
to proceed and respond as I deem necessary.
Mr.Orlowski: Okay, very good.
Mr. Cron: Okay.
Mr. Orlowski: Okay, good night.
Allen Ovsianik- This appointment to review the site plan for a
gas station located at Peconic had been cancelled.
Harold and Josephine Deneen-The Board reviewed this proposal following
a field inspection. The application is for 3 lots on 29 ,851 located
at Bayview Road, Southold. It was noted that this application is
before the Board of Appeals for an insufficient area variance .
The Planning Baord recommended to the Board of. Appeals that the
application of Harold and Josephine Deneen to subdivide 29 ,851
sq. ft. into three lots be denied since the lots -are undersized
and not inconformance. with the current two-acre zoning. ( 100-31)
Dominick Varano-Board reviewed this proposal following a field.
inspection. It was noted that one lot. in this three-lot
subdivision is underthe current two-acre zoning and will require
a variance from the Board -of Appeals . It was the consensus of
the Board to inform the applicant of this , and hold the application
until it is submitted to the Board of Appeals , by the applicant.
Charles DeLuca.- Dick Ward made. a field inspection of this proposal
for 4 -lots on 10 .5. acres, located at Southold on Hippodrome Creek.
It was . noted that since the lots bordering , on the creek are
exactly 80 , 000 there may be a question on the . amount of wetlands
versus the buildable area of the lots . There was also a question
as to why the proposed right-of=way extended tothe other property
line. It was the consensus of the Board to get a clarification
on this from the applicant.
Robert and Aldona Norkus- The Board reviewed the decision from
the Suffolk County Planning Commission regarding this subdivision,
Page 7 11/5/84
Norkus cont:
as well ' as , correspondence from the applicant requesting that
Condition No. 4 of the County' s decision be overridden by the
Board. Condition No. 4 stated that "a conservation or scenic
easement having a minimum width of 50 ' shall be established
along the upland side of the tidal wetlands along Cedar Beach Harbor.
to insure that no development adverse to the aesthetic quality
of the shoreline will take place along the shoreline. " The Board
noted that this question has come before in previous subdivisions ,
and there was a question as to;- the County' s definition of a
conservation or scenic easement. It was the consensus of the
Board to request clarification from the applicant regarding
his request, as well as , an indication as to what he proposes
to build in the area of the easment.
On a motion made .by Mr. Latham, seconded by Mr. Ward .it was
RESOLVED that whereas, a formal application for the approval of
a subdivision plat entitled "Sundown Farms" located at Mattituck
was submitted to the Planning Board on June 12 , 1984 and filing
fee of $100 was paid on October 5 , 1984 , and
WHEREAS a public hearing was held on said. subdivision application
and plat at the Town Hall, Southold, New York, on October 22 , 1984
at. 7 :45 p.m. , and
WHEREAS, the requirements of the Subdivision Regulations of the
Town of Southold have been met by said subdivision plat and
application,
NOW, therefore, be it resolved that the application of Joseph
and Patricia Steifer to be known as "Sundown Farms" for approval.
of said subdivision plat prepared by Donack Associates dated
May 4 , 1984 and amended Sept. 12 , 1984 , October 2 , 1984 and
October 9 , 1984 be approved and the chairman. be authorized to
endorse approval on said subdivision plat subject to the following
conditions :
1. Filing of the covenants and restrictions as prepared 'by
the Town Attorney with the County Clerk
2 . Review by the Suffolk County Planning Commission of the
subdivision plat.
Vote of the Board: Ayes: Orlowski, Latham, Ward
Philip Scire- The Board reviewed this subdivision which had a
final hearing. It was noted that the covenants and restrictions
as to no further subdivion on Lot 1 in perpuity, requested at
the hearing, had not been submitted. It was the consensus of
the Board to hold action on this application until the
covenants and restrictions were submitted and approve d by the
Town Attorney.
Page 8 11/5/84
Lynn San Andres-The Board read the road reports from Victor
Lessard, ames Bryer, and John W. Davis regarding the work
done on the access road within this minor subdivision.
It was the consensus of the Board to request. that prior to any
corrections made on the road, our inspector be notified to
review the progress of the work.
On a motion made by Mr. Latham, seconded by Mr. Ward it was
RESOLVED that the SoutholdTown Planning Board accept and
request c-orpliance with the access road report of John W.
Davis, No. 401 for the minor subdivision of Lynn San Andres
located at Mattituck.
Vote of the Board: Ayes : Orlowski, Latham, Ward
Andrew Lettieri-Richie Latham made .a field inspection of .this
proposed minor subdivision. He noted that the amended maps
had been received and are according to the Board' s request.
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve the
sketch map of Andrew Lettieri for 2 lots on - 12 acres located
at East Marion, plan dated September 1983 , and revised August 18 ,
1984 and October 17 , 1984 .
Vote of the Board :Ayes : Orlowski, Latham, Ward
Brewer Yacht Yard—Although on the agenda, this proposal was not
reviewed as the plan was not complete.
Gemma site plan at Cutchogue- Abigail Wickham, attorney at law,
was present to discuss this site plan for a restaurant and gift
shop. Ms . Wickham questioned the Board' s request for an asphalt
parking lot. She stated that asphalt was more expensive and
other businesses in the area had blue stone parking lots . Mr.
Ward stated that the asphalt would be better noting how the
parking is - laid out on the site plan. He stated that wi.th
considerable car movement,the bluestones don't do an adequate
job. The Chairman also noted that the Board has encountered
problems. with applicants' definitions of "dust-free surface" ,
and wanted to clarify that they prefer asphalt. Ms . Wickham
stated that asphalt would be acceptable and she will have this
shown on the map, in order that the Board can refer this site
plan to the Buiding Department for certification.
--•------ Page 9 11/5/84
Robert Entenmann , Abigail Wickham, attorney-at-law, was present
to discuss this minor subdivision with the Board. The Board
reviewed the subdivision map and the sketch indicating the right-
of-way between Entenmann and Simmons, the adjacent landowner
to the east. Ms . Wickham stated tha t Mr. Simmons was agreeable
to widening the joint right-of-way providing that none of the
existing trees on his property are to be removed as they are
natural windbreak. . There is a lso a barn that would encroach
on the right-of-way" at the south end. Mrs . Wickham stated that
the total of the right-of-way would be 25 ' . There was discussion
as t-o whether the right-of-way should be wider than 25 ' since
Mr. Simmons was also submitting a subdivision of his property.
Ms . Wickham stated that if a major subdivision was proposed .
they would relocate the right-of-way to the middle of the farm
instead of where it is now. It was the consensus of the Board
to make a field inspection to locate the Simmons ' house and
trees in relation to the right-of-way in question., and make
a determination following this .
East Wind Shores- Mr. Joseph Fischetti was present to discuss
this proposed site plan amendment to construct a swimming pool
and pool house. Mr. Fischetti stated that the DEC .had written
that a pemlmit was not required for this project. Mr. Fischetti
also stated that the plan had received certification from the
building department. He further noted that the pool will be
a foot above the 10 ' contour and have a 15 ' side yard.
It was the consensus of the Board to request a proper survey
containing all the site plan elements . It was also requested
that the filing fee be .paid.
On a motion made by Mr. Ward, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve the site
plan for Mattituck Holding Company for a storage building for boats
located at Mattituck, plans dated as last amended October 15 , 1984
and as certified by the Building Department.
Vote of the Board: Ayes : Orlowski, Ward, Latham
Borman, Townsend, McKay, and Millis- The Board reviewed this new
application and requested that the property be staked for a
field inspection by the Board.
On a motion made by Mr. Latham, seconded by Mr. WArd it was
RESOLVED that the Southold Town Planning Board set Monday,
November 26 , 1984 at the Southold Town Hall as the time and
place for the next regular meeting of the Board.
Vote of the Board: Ayes : Orlowski, Latham, ;Ward
Page 10 11/5/84
There was discussion introduced by .Victor Lessard regarding
the procedure for site plan certifications . It was noted
that the procedure has been for certification by the Buidling
Department after the Planning Board had reviewed ;t-he site plan
referred '.it to the Building Department. It was noted by
the Board that this is an important step in the site plan
process since certification by the Buidling Department locks
the Board into a 90 day time limit for final action. on the
plan. The Board agreed that this is something that should
be addressed inthe proceudre booklet, so the applicant has
an understanding of the pr.ca:ess .
Being no further business to come before the Board, on a motion
made by Mr. Ward, seconded by Mr. Latham and carried the
meeting adjourned at 8 : 57 p.m.
Respectfully submitted,
Diane M. .Schultze, Seery
Southold Town Planning Board
1
Bennett Orlowski, Chairma
'RECEIVE. AND.TILED BY.
THE SOUTHOW IO IN CLERK
DA.TZ 3/'-5�/F5 49UR
Towu Clerk. Town of s7ha