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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, December 3 , 1984 at the Town Hall,
Main Road, Southold.
Present .were:
Bennett Orlowski, Jr. , Chairman
Member William F. Mullen, Jr.
Member G. Ritchie Latham, Jr.
Member Richard Ward
Victor Lessard", Executive Administrator
James Bryer, Town Planner
Mr. Bob Wendell of Winds Way Building .Corp. was present for a
presubmission conference fora site plan to construct
professional buildings located at Southold. Mr.. Wendell explained
that the first building in the professional center was in
1976 and another unit was added last year. He stated that
the building would contain offices for Doctors . The new
building proposed would be of the same architecture, color
and have the same type of plantings as the other buildings
existing. He also said that he has more than enough parking
for the building, and he was keeping the same ingress and
egress as proposed since there was not that much traffic
generated by the use of the buildings , ;and' the County prefered
limiting the number of driveways onto' the County road. Mr.
Wendell stated that the building . ---would contain 5 or 6 offfces ,
and the existing offices were already allrented. It was the
consensus of the Board that a field inspection. of the propoerty
will beaonducted prior to any action.
Mr. Bob Wendell was present for the resolutions of the Board
and the discussion on the set off for Winds Way Building
Corp. located at Cedar Pt. Drive, Southold. This set-off
received a variance on the insufficient area from the
Board of Appeals, for two lots on 3 acres .
On a motion made by Mr. Latham seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board approve the
set-off of Winds Way Building Corp. on the map of Svante
Johnson located at Southold. Map dated October 6 , 1971,
and amedded February 5 and June 18 , 1984 , subject to review
Page 2 12/3/84
by the -Suffolk County Planning Commission. .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
on a motion made by Mr.Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board declare themselves
lead agency under. the State Environmental Quality Review Act
for the set off of Winds Way Building Corp. located at Southold.
(Map of Svante Johnson) .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
At the request of the Board, the developer, Mr. Wendell stated
that he would comply with the minimum removal of trees , for the
cesspool and house only.
On a motion made by Mr. Latham, seconded by Mr. Ward the follwoing
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 Winds Way Building Corp, Map of Svante
Johnson, located at Southold is two lots on 3 acresf10.00-90-3-18,
1000-92-1-1,2
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.
Beacuse there has been no correspondence from the Department of
EnvironmO-ht.al Conservation in the alotted .time, it is .assumed
that the agency has no objections or comments..
The Department of Health Services has no objection to ;our designation
of lead agency. There is no record of an application to this
Department. Application on Lot No. 1, HD #14So245 . It appears
that the project can be served by Subsurface sewage disposal system .
depending on subdoil conditions being adaquate. The project can
be served by an individual water supply system, however, testvell
will berequired due to marginal water supply.
The project will meet all. the requirements of the Code
of the Town of Southold Subdivision of Land Regulations .
Page 3 12/3/84
vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
Mr. Richard Lark, esq. and Mr. Allen Ovsianik were present
to discuss the s-ite plan of Allen Ovsianik for the construction
of a gas station located on County Rt 48 Peconic Mr. Lark
indicated that everything the board requested was on the pia n.
Mr. lark presented the Board with photos of gas stations built
similar to the way this one is proposed. Mr. Lark explained
that except for the two large maple . trees , there were no
considerable trees on the site . He .further explained that
the cold weather was approaching and Mr. Ovsianik wanted to
construct prior to a freeze, or snow. Mr. Warm requested that
the site be set-back further , and he asked for an architectural
rendering too. He also requested that the signs etc be set
back a little . The Board was in agreement that they would like
to see the builddng be sided with cedar shakes . Mr. Ovsianik
stated that the gas station would be full-service, except
he was having it equiped as a self-service so if he ever
wanted to convert it he could. With a self service station,
there are more requirements for safety precautions , therefore,
Mr. Ovsianik stated that he was adding. this to .the plans now
rather than have to do everything over 'in the future. Mr. Ward.. '
stated that he did not see any- need for all the asphalt in the rear
of the building since there would be no auto repair. Mr. Lark
explained that it is all needed for the self service because the
special pipes lay under the asphalt. Mr. Ward recommended
moving the island and pumps back 50 to 75 ' back from the road,
rather than the 25 ' currently shown on the plans . It was also
noted that the County will have to be contacted for a curb cut.
There was discussion, that the plan must have ample room for
tractor trailers to manuever when making deliveries . It was
suggested by the Board that if the asphalt is curved rather than
squared off, this would eliminate some of the asphalt. The
Board requested covenants and restrictions that this will be
a gas station only and there will be no servicing or' repairs
made onthe premises . The Chairman stated that this condition
could be a conditioncP approval of the site plan. . It was the
consensus of the Board to review the site plans again when the
suggested changes have been made.
Mark and Ellie Gordon- Mr. Lark and Mr. Bruer, attorneys-at-law
were present to discuss this proposed set-off at S . Harbor Lane,
Southold. Mr. Lark explained that the area remaining after the
set-off is 4 acres , and the intent of the -set-off is to increase
the lot of Lavina. The Board has previously reviewed this application,
and. they requested covenants and restrictions that there be no
further subdivision. However, Mr. Lark and Mr. Bruer requested
clarification as to whether this applied to the 4 acres remaining,
or the set-off parcel to merge with the lot of Lavina. Mr. Lark
submitted .covenants and restrictions that there be no further
subdivision of the parcel to be s:t-off . The Chairman stated that
this would be referred to the Town Attorney for his approval .
Page 4 12/.3/84
7-11 store at Southold- Mr. Charles. Cuddy--: , esq. was. present .to
discuss the amendment to the site plan for a storage building for
the returnable bottles . Mr. Cuddy presented' a check for the
filing fee .
On a motion made by Mr. Ward, seconded by. Mr. Latham it was
RESOLVED that .the Southold Town. Planni.ng Board refer the site
plan of 7-11 .at Southold for .the construction of. an addition
on the existing building .to the Building Department for certification.
This proposed additon is for bottle storage, plans dated 1/1/84 .
Vote of the Board: Ayes : Orlowski; Mullen, Latham, Ward
Elizabeth J. Homan-change of zone. proposal. from A .to C located at
Main Road, Cutchogue . Bennett Orlowski, Chairman, abstained from
the discussion on the application, he left the room and presented
the file to William Mullen,. member.. Mr._ Hall, esqi was present
for this discussion. Mr. Mullen reviewed the file and noted that
this application was in order to improve the ingress and egress
for :the business of the George Braun Oyster Co. and to make the
access safer.. Mr. Hall stated that that was correct and indicated
that the house would remain as a residence .
On a motion made by Mr. Latham, seconded by Mr. Ward it was
RESOLVED that the South.old Town .'Planning Board recommend to the
Town Board that the change of zone for Elizabeth J. Homan from
A residential to C light industrial on the southerly side of
Main Road, Cutchogue be approved.
Vote of the Board: Ayes: Latham, Ward, Mullen
ABstained: Orlowski
At this time, Mr. Orl,owski . returned to the room.
Townsend 'et. al..-Victor Lessard stated that he tried:.to. make . a
field inspection of the parcel , but, _. there were. no
stakes . He said that there were some radical. topos and suggested
that the Board take a look at it. It was the consensus of the
Board to remind the applicant of their request for stakes so they
can make a field inspection
Entenmann- Abigail Wickham, atttorney. at law was present for the
discussion' on this 3 lot subdivision at Laurel . The Board stated
that they would. agree with a 25 ' right-of-way within the subdivision
rather than 25 ' on Entenmann' s property and 25 ' on the adjacent
property. Ms . Wickham questioned the right-of-way that would be
required on the adjoining piece which will be submitted as: a .subdivision.
The Board stated that they will request 25 ' at the time that application
is reviewed. However, it was the consensus of the Board to request
that the right-of-way within the subdivision of Robert Entenmann
be widened to 251 .
Page 5 12/3/84
On a motion made by Mr. Mullen, s=conded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board override the
Suffolk County Planning Commission' s resolution ofdisapproval
with regard to the -set-off of Daniel and Patricia Stegner,
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 recommend to. the '
Town Board that the pr;oposed_,_Loca3 Law.-entitled:=":.A Local. Law in.
reTation to building set-back requirements on lots adjacent to ' .
Water Bodies and Wetlands" be adopted with. the revisions listed below,
since this Local Law is necessary to minimize damage due to storm
and erosion hazards , negative impacts on tidal and freshwater wet-
lands and negativeuater quality impacts on inland freshwater
bodies . The following are the redommended revisions :
1 . Change ordinary high water to mean high water which will
have to be defined in the zoning and wetland regulations (Chapter
97-Section 97-28) .
2 . Reference what datum mean high water is to be plotted to
using one of the datum that is acceptable, ie. US Coastal and
Geological .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
Woodbine Manor subdivision located at Duck Pond Road, Cutchogue-
Mr. John Fellinger-Ihar and his wife were present. The Board
reviewed the improvements on this subdivision and noted that
there were still several items. to be completed. - The Board stated
that prior to any action .either the road must be completed and
approved by the Superintendent of Highways ,, or the performance
bond must be posted with the Town. The Chairman stated that
Mr. Fellinger=ihar could request an extension on. the action by
the Board, since the Board had to make a decision following a
final hearing. Mr. Fellinger-Ihar stated that he wuld. put up. a
letter of credit, for the amount stated intheasntract with th.e
contractors who will finish the work. The Board stated that they
would accept the letter of credit, however, it must be for the
amount which the Town Engineer sets . Mr. Fellinger-Ihar stated
that he would like to request an -extension in order that he.-..,may
finish the work and have it approved by the Superintendent o.f.
Highways . The Board said that they would request another- bond
estimate from the Town Enginner since the previous one included
the work which was already completed. It was the consensus of -the
Board to consider Mr. Fellinger-Iha�s request for an extension
. at the next meeting. The Board -requested that this, extension
request. be sent in writing. to the Planning Board Office for the
files .
Page 6 12/3/84
On a motion made by Mr. Latham . , seconded by Mr. Ward it was
RESOLVED. that the Southold Town Planning Board recommend to the
Town Board the bond . estima.te of $100, 000 for the bluff plantings
at the site plan of Breaker' s at Island End, locatedat .Greenport.
Vote' .of the Board: Ayes :. Orlowski, Mullen, Latham, Ward .
It was noted that the report of the Suffolk County Soil and
Water Conservation District -had estimated $68 ,000 as the amount
of the landscaping work to be done on the bluff., however, the
Board increased the amount considering the inflation in the
five year span for construction.
Sage Properties- This proposal was on. the agenda, however, the
Board .wanted more time to .review this prior to act-ion, therefore,
it would be held over until the next available Board meeting. .
A.M. Stollmeyer- Mr. James Cron, esq. was present for the
discussion on the proposal.' This application mceived a variance
from the Zoning Board of Appeals ,. with conditions . TheBoard.
made a field inspection on this property. The Chairman stated
that the file. was in order except that the maps reflected a
cottage which .was not on the land. Mr. Ward felt that this was
a bad precedent to set-off -the parcel� on ..N. 'Sea Drive }mcause it
is in a low area. Mr. Cron stated that the Board of Appeals
had issued a negative declaration and had not mentioned a problem
with the low area in their . review. It was the consensus of the
Board to hold this over until the area and the adjacent lots can
be reviewed. The Board requested additional maps without the
cottage .
On a motion made byMr. Mullen, seconded by Mr.- Ward it was
RESOLVED that the S.outholdTown Planning Board deny without
prejudice the proposal of a set-off for Academy Printing
Services at Southold due to the fact that the lot size is
2/3 of the recommended area in. the bulk and . parking .schedule of the
Town Code and the intended use of Lot No. 2 has not been
stated.
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 B;oard- approve the set-
offof ANtone_ Mileska . located at Mattituck, map revised May 17 ;
1983 and Septemberll, 1984 aid amended November 22 , 1984 ,
subject to the review of the Suffolk C.ounty. Planning. Cominissioni
Page 7 2/3/84
Mileska cont.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, WArd
Farmers Home Adminis�ration- It was the consensus of .the Board
that this application be processed as a. set-off. Prior .to
any further action, the Board. will make a field inspection of
the .property.
On a motion made by Mr. Latham, seconded by Mr.Mullen it was
RESOLVED. that the Southold Town Planning Board set--Monday, December
1.7 , 1984 at 8 : 00 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 preliminary maps for the major subddvision
of James W. .Dawson located at Southold.
Vote of the Board: Ayes :Orlowski, Mullem, Latham, Ward
On a motion made by Mr. Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board set Monday, December 17 ,
1984 at 7 : 45 p.m. at the Southold Town Hall, Main Raod, Southold
as the time and place for a public hearing on the question of
approval of the preliminary maps for the major subdivision of
Blue Horizons located at Peconic.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
On a motion. made. by Mr. Ward., seconded by Mr. Orlowski it was
RESOLVED that whereas , a formal application- for the approval of a
subdivision plat entitled "Philip V. Scire" :located at c.utchogue
was submitted to the Planning Board on March 23 , 084 and, filing
fee of $100 was paid on March 23 , 1984 and
WHEREAS , a public hearing was held on said subddvision application
and plat at the Town Hall, Southold, New YOrk, on October 22 , 1984
at 7 :30 p.m. , and
WHEREAS:, the requirements of the Subddvision Regulations of the
Town of Southold have been met by said subddvision plat and application,
NOW, therefore, be it RESOLVED that the application of "Philip V.
Scire" for. approval of said subdivision plat prepared by Roderick
Van Tuyl, P.C. dated August 23., 1984 beyapproved and the chairman
be authorized to endorse approval of said subdivision plat.
Vote of the Board: Ayes : orlowski, Mullen, Latham, Ward
Page 8 12/3/84
On a motion made by Mr. Mullen, seconded by Mr. Ward it was
RESOLVED that the Southold Town Planning Board .set December
17 , 1984 at the Southold Town Hall, . Main Road-, ' Southold
as the time and place for a regular meeting. of the Board.
Vote of the Board.: Ayes : Orlowski, Mullen;Latham, Ward
On a motion made ,by Mr. Ward, seconded- by Mr., Mullen it was
RESOLVED that the Southold Town Planning Board refer the site
plan of Brewer Yacht Yard for. the construction of:
bulkheading
. relocation of travel lift well
reconfiguration of floating .pier assembly projects
to the Build2ng_Department for Certification.. The project a-Iso ,
includes proposed' excavation; maintenance dredging.
.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 override the
Suffolk County Planning Commission' s resolution of disapproval
with regard to the minor subdivision of Sundown Farms located
at Mattituck.
Vote of the Board: Ayes : Orlowski, Mullen, Lthaam Ward
On a motion made by Mr. Mullen, seconded byMr. Latham it was
RESOLVED that. the Southold Town Planning Board override the
Suffolk County Planning. Commission' s resolution of disapproval
with regard to the set=off for Norman J. Murray located atLaurel.
Vote of the Board: 'Ayes : Orlowski, Mullen, Latham, Ward
On a motion made by Mt. Ward, seconded by Mr. Latham it was
RESOLVED that .the Southold Town Planning Board approve the site
plan .amendment of Eastwind Shores located at. -South*old for the.
construction of a. swimming pool and pool house . lans certified
by the Building Department and dated November 8 , 1984 as last
amended.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward.
y
Page 9' 12/ , 3/84
On a motion made by Mr. Ward, seconded. by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board grant a 90 day
extension on :the filing of the final maps for the minor subdivision
of Margery D. Burns located at Southold.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
I.t was noted that the Board made a recommendation to the Town
Board to. change the density in the M zone from 6 units to an
acre withwater and sewer to 4 units ,' and from 4 units to an
acre without water and sewer .to 2 unit. -It was also .noted
. that the consultants , RPPW, were working dil'ligently on the
Master Plan update.
Being no further business to come before the Board, on a motion
to adjourn .by Mr.Latham, seconded. byMr. Mullen and carried,
the meeting was adjourned at 9: 22 p.m.
Respectfully submitted,
CL
Diane M. Schultze, Secretary
Southold Town Planning Board
Bennett rlowski, Jr. , hairman
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RIB CEIVETO AND FILED BY
THE SOUTHOLD TOWN CUM
DATE�,� �Jrr HOUR r ,"ioA.14
• 0010
Town Clerk, Town of Southold