HomeMy WebLinkAboutPB-11/26/1984 P �S�FFu�c D
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Southold, N.Y. 11971
(516) 765-1938
The Southold Town Planning Board held a regular reeting on November 26 , 1984 ,
at 7 :30 p.m. in the Southold Town Hall, Main Road, Southold, NY.
Present were:
Chairman Bennett Orlowski, Jr.
Member William F. Mullen, Jr.
Member G. . Ritchie Latham, Jr.
James Bryer, Town Planner
Mr. Thomas Samuels and Mr. Angel, esq were present to discuss the Board' s
reconsideration of his proposal for a minor subdivision of 2 lots on 3 .75
acres located at Narrow River Road, Orient. The Board had denied this
proposal previously pursuant to Section 106-36C of the Ordinance which
states in part that land subject to flooding or land deemed by .the Planning
Board to be uninhabitable shall not be platted for residential occupancy,
and therefore shall not be included in the acreage of the building plot.
Therefore, Mr. Samuels ' proposal was denied due to insufficient area
( less than the 2-acres) .. Mr. Samuels explained that he had requested
Rod Van Tuyl to do a vegative map of the property giving the limits of
the alternaflora ,. , which extends slightly above the high water mark.
Approximately 2700 square feet ,of the alternaf.lora is above the high water
mark. Mr. Samuels stated that the flood plain maps were also used, an
engineer was asked to determine the amount of land within the Town that.
is in the A-zone which is the same zone as the property of Mr. Samuels .
It was determined that this area in the Town excluding the Village of
Greenport and Plum Island is 10.7.25 square miles or approximately 6 ,863
acres ., 2T% .of' the Town. Mr. Samuels said he had spoken to the Town
Engineer, Lawrence .Tuthill, who was present, on the requirements for
.building in the A zone . Mr. Tuthill stated that the A zone can be built
on as long as the buildings are elevated above the 100-year flood plain,
and that is the only restriction to building in the A zone, according
to the federal government. Mr. Tuthill also said that according to the
flood plain you can even build in a V zone, as long as buildings are
constructed on pilings . Mr. Orlowski discussed a previous subdivision
in Mattituck where there were wetlands that were deducted from the
building base of the lots and questioned what flood zone the wetlands
are in, as they are deducted from the area. Mr. Tuthill explained that
the flood zones are based on elevations . The Board questioned the flood
zone on the area outside the dike on Mr. Samuels ' parce-l. , and if the
A zone is subject to flooding. Mr. Samuels answered that it is , in the
100-year storm. , which is the phrase the government uses . Mr. Orlowski
referred to Section 106-36C of the Town Code and . . . "Subject to flooding. . "
And noted that if the area is subject to flooding, then the Board cannot
change their previous decision. Mr. Angel explained that Chapter 46 of
Page 2 11/26/84
Samuels. cont.
Town Code was primarily for the construction of dwellings in the
floodplain with certain restrictions , however, it does not exclude
the area for building. Mr. Orlowski stated that Chapter 46 deals
with single and seperate lots , however, it was the Board's
position that a lot could not be created which contained less that
2 acres of buildable land. Mr. Mullen emphasized Section 106-36C
and the phrase " . . . or. land deemed by the Planning Board to be
uninhabitable shall not be platted. . . " , therefore, it is not
. necessarily based on just flooding. It was. the consensus of the
Board that research would be done to answer Mr. Samuels ' s and
Mr. Angel ' s questions . Mr. Angel - stated that while the Board
wascbing this another application would be made, with the new
map for the Board's review.
Mattituck Theatre- Mr. Cardinale was present for a presubmission
conference for this site plan to add two theatres to the already
Triplex theatre in the Mattituck shopping center. Mr. Westerly
the principal was also present. Mr. Westerly explained that
in ,order to .play a movie you must run it for a very long time,
in one example, a movie played for 10 weeks . Due to this ,
the only way to play first run films is to add on, so that you
can meet the requirements of the film makers and have a variety
of fims .at the same time. Mr. Westerly explained that even on
the busiest night inthe summer, there is still ample parking,
because the parking lot is so large and the other shops are
not open late at night. He also stated that to solve the
traffic problem., the movies are scheduled at different times
in order to avoid traffic congestion. The Board noted that if no
parking is removed, there appears to be enough parking. Mr.
Latham questioned afternoon shows and the parking.. Mr. Westerly
said that the afternoon shows are not very crowded and he basically
runs . them. for convenience, .and because his philosophy is to
be open 365 days a year to provide entertainment. The Board noted
that the theatres would be built in the existing vacant store
formerly W.T. Grants , dept. store. Mr. CArdinale stated that
when the site plan for the original shopping center was presented
the parking was calculated for maximum occupancy, and any space
that the thearte takes would be deducted from the sales area-- of the vacant store
therefore it would balance out. It was also pminted out that
the theatre operates mostly at night when the other stores are
e-losed. The Board noted that Section 100-112 of the Town Code
addresses this question of parking, where there can be two
uses on one space as long as they are open at different hours .
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board refers the site plan
of Mattituck Theatre, for the construction of 2 additional theatres
located in the Mattituck Shopping Center to the building Department
for certification.
Vote of the Board: Ayes : Orlowski, Mullen,Latham
Page 3
Mr. Joseph Fischetti was present to discuss the amendment to
the site plan of East Wind Shores located at Soutold. This
amendment was for a swimming pool and bath house. Mr. Fischetti
apologized to the Board for having .the plan sent to the building
for certification prior to the Board's review. It was noted
in the file that the plans as. requested had been received and
the filing fee was. paid. It was the consensus of the Board to
hold this until Mr. Ward could be present to review the plans .
Elizabeth Homan change of zone- The Planning Board was to make
a recommendation tothe Town Board on this change of zone from A
to C at E . Side of Stillwater Avenue, Cutchogue. However, the
Chairman stated that he must abstain from any action regarding
this proposal and therefore, it had to be held over for action
since there was not a quorum of the Board present for action.
McKay and Greenly-The Board reviewed this proposal for 2 lots
on 19 ,445 sq. ft. located at New Suffolk which had received
a variance on the lot size from the Board of Appeals . Jim Bryer
made a field inspection of the premises and reported to the Board
that everything looked in order.
On a motion made by Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board approve the
sketch map for McKay and Greenly for 2 lots on 19,445 sq. ft.
located at New Suffolk.
Vote of the Board: Ayes : Orlowski, Mullen, Latham
Following this resolution, the Board discussed the possiblity
of handling this application as a set-off since it had already
received a public hearing from the Board of Appeals .
It was the consensus of the Board that this application be
amended to be a set-off .
. On a motion made by Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board rescind thier
resolution approving the sketch map for the subdivision of
McKay and Greenly and recommend that this application be handled
as a set-off .
Vote of the Board: Ayes : Orlowski, Mullen, Latham
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 Constance Klapper located at Cutchogue., plans
dated December 20, 1983 subject to the following:
Page 4
Klapper cont.
1 . REceipt of filing fee of $50 .
2 . Filing of the covenants and restirction with the County
Clerk. (The covenants and restrictions submitted to the
Board were approved by the Town Attorney. )
3 . Review by the. Suffolk County Planning Commission
Vote of the Board: Ayes : Orlowski, Mullen, Latham.
Long Island Nurseries- The Board made a field inspection of this
proposal for 2 lots' on 22 .5 acres located at Mattituck. It was
the consensus of the Planning Board that this application be amended
to be processed as a set-off . It was noted that the area is
currently being farmed.
Moeler, John and Dorothy- It was noted this proposal received
relief from the two-acre zoning from the Town Board. The Board
felt that one-acre was an upgrading since the lots were previously
divided into one-half acre lots .
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve the
sketch map of John W. and Dorothy Moller located at Mattituck
for 2 lots on 2 .7 acres , plans dated January 25 , 1983 and amended
May 23 , 1983 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham
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 meetings o f September 10, 1984 and September 24 , 1984 ..
Vote of the Board: Ayes : Orlowski, Mullen., Latham
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board set December 3 , 1984
at 7 :30 p.m. at the Southold Town Hall as the time and place for
the .:next regular meeting of the Planning Board.
Vote of the Board: Ayes : Orlowski, Mullen, Latham
On a motion made by Mr.. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board set Monday, December
Page 5
17 , 1984 at 7 :30 p;m. at the Southold Town Hall, Main Road,
Southold as the time and place for a public hearing on the
question of approval of the minor subdivision of Elizabeth
B. Schwieger and Margaret L. Murray located at Southold.
Containing 4 .7 acres .
Vote of the Board: Ayes : Orlowski, Mullen, Latham
N .Charles DeLuca-Mr. Bryer had made a field inspection of
this proposal for 4 lots on 10 acres located at Southold.
He reported that 2 of the lots front directly on
Hippodrome Creek, and there might be some question of ,
wetlands . It was the consensus of the Board to request
that the Department of Environmental Conservation be asked
to stakethe mean high water mark and the wetlands and
let us know their findings . The Board requested this
information so they can be sure that the lots meet our
minimum area requirements .
On a motion made by Mr.Latham, seconded by Mr. Mullen itwas
RESOLVED that wereas , a formal application for the approval
of a subdivision plat entitled Richard and Sophia Grenfield
to be known as "Cabot' s Woods" located at Peconic was submitted
to the Planning Board on February 14 , 1984 and filing fee of ,
$100 was paid on February 14 , 1984, and
WHEREAS, a public hearing was =;held on said subdivision application.
and plat at theTown Hall , Southold, New York on. Monday November
5 , 1984 at 7 :30 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 Richard
and Sophia Greenfield for approval of said subdivision plat to
be known as "Cabot' s Woods' prepared by R. Van Tuyl , dated
February 2 , 1984 and last amended November 7 , 1984 be approved
and the chairman be authorized to endorse approval on said
subdivision plat subject to the following conditions within
6 months from the date of this resolution.
1. Filing of the covenants and restrictions as approved
-by the Town Attorney with the Suffolk County Clerk.
Vote of the Board: Ayes : Orlowski, Mullen, Latham
Page 6
Mr. and Mrs . John . Fellinger-Ihar were present regarding the
final action for the major subdivision known as Woodbine Manor for
17 lots on 20 acres located at Cu-phogue. The Chairman
questioned if the road had been approved by the Superintendent
of Highways as of this date . Mr. Fellinger-Ihar had stated
that Mr. Dean, Highway Superintendent, had given approval of
the road if it remains private . It was noted, however, that
there was no correspondence from Mr. Dean in thefile indicating
this . Mr. Fellinger-Ihar stated that as far as the work done,
it was all in compliance with the Superintendent of Highways .
The Chairman stated that unless Mr. Dean sent correspondence
to the Planning Board approving the road., a bond would have to
be posted, withthe Town., for the remaining work. The Chairman
requested Larwrenc.e Tuthill, Town Egngineer, who was present,
to prepare a report on the work done to date . Mr. Tuthill questioned
if the fire wells as called for in the bond estimate had been
installed. Mr. Fellinger-Ihar stated that one is in . It was
the consensus of the Board to hold this over for action until
the next. regular meeting, December 3 , 1984 when the report of
the Town Engineer can be reviewed.
On a motion made by Mr. Mullen, seconded by Mr. Latha m it was
RESOLVED that the Southold Town Planning Board grant an extension
on the action of the final maps of Homestead Acres located at
January through January 30, 1985 pursuant to the request of the
attorney for the applicant.
Vote of the Board: Ayes : Orlowski, Mullen, Latham
Norman J. MUrray-The Board reviewed the action of the Zoning Board
of Appeals and the Suffolk County Planning Commission. It was
noted that the Planning Commission had denied the' proposed subdivision.
The ZBA and the Planning Board had, however, given their approvals .
On a motion made by Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold' Town Planning Board override the
resolution of the Suffolk County Planning Commission regarding th
minor subdivision of Norman J. Murray located at .Laurel of
2 lots on 2 acres .
Vote of the Board: Ayes : Orlowski, Mullen, Latham
Suffolk County Planning Commission-The . Board discussed the
appointment of a new member from Southold Town since the
resignation of Henry Raynor. It .was recommended that Dick
Ward be considered for this positiion.
On a motion made by Mr. Latham, seconded by Mr.Mullen it was
RESOLVED that the Southold Town Planning. Board override the
Page 7
Suffolk County Planning Commission' s resolution -of disapproval
for the minor subdivision of "Sundown Farms" , applicants are
Joseph and Patricia Steiffer, located at Mattituck.
Vote of the Board: Ayes : Orlowski, Mullen, Latham
Alexander Enterprises- This Board reviewed this subdivision for
4 lots on28 acres located at Mattituck. In the file were
restrictive covenants stating that there will be no further
subdivision in perpuity.
On a motion made by Mr. Mullen, seconded by Mr.Latham it was
RESOLVED that the Southold Town Planning Board approve the
sketch map of Alexander Enterprises , located at Mattituck
for 4 lots on 28 acres ; plans dated July 6 , 1984 .
Vote of the Board: Ayes : Orlowski, Mullen,Latham
It was also noted that the lots are all above 5 acres , therefore,
this is no requirement for compliance with Article 6 , since
the health department has no jurisdiction for lots over
5 acres .
On a motion made by Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board setJanuary
7 , 1985 at 7 :30 p.m. at the Southold Town Hall, Main Road,
Southold as the time and place for a public hearing on the
question of approval of the minor subdivision of the John
Simon Estate located at Peconic . Containing 81 acres .
Vote of the Board: Ayes : Orlowski, Mullen, Latham
The Chairman commented on the meeting held at Fishers Island
regarding the Master Plan update . He noted that it was
very well attended and there was alot of imput. He stated that
on the whole the residents of the Island were very satisfied
with the update .
Being no further business to come before the Planning Board,
On a motion made by Mr. Mullen, seconded by Mr. Latham and
carried,the meeting was adjourned at 9:30 p.m.
Respectfully submitted,
"'hne M. Schu tze Secretar.
Southold Town Planning Board
"0
Bennett Orlowski, Jr. irman
RECEIVED AND FILED BY
THE SO U T ?OLD TO v' N CLETj<
DATE � (�( ��� HOUR l D,�5 f/4
Town Clerk,"Town.of Sou old