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HomeMy WebLinkAboutPB-03/17/1981 �FFO� T LD Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman TELEPHONE t1IS} ATk� 765-1938 JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. A regular meeting of the Southold Town Planning Board was held at 7 :30 p.m. , Tuesday, March 17 , 1981, at the Town Hall, Main Road, Southold,' New York. Present were: Acting Chairman Bennett Orlowski, Jr. Member James Wall Member G. 'Ritchie Latham, Jr. Member William F. Mullen, Jr. Ruth- Oliva, 'North Fork Environmental Council Arthur & Millicent Gossner, League of Women Voters Henry Lytle, Southold-Peconic Civic Association On motion made by Mr. Wall, seconded by Mr. Latham,---,it was RESOLVED to approve the amendment to the site plan of "Sundown" as regttested by. the present owner, Gene Gianone, to include the following,: 1 . The moving of the garage on the premises fifty feet back from its original site. 2 . The' eliminat;.on of parking from the front of the building. 3 . Changing of-'the in and out status of the driveways. The east driveway will be the entrance and west driveway the exit. 4 . Providing of .on site parking for 28 cars which is an additiona1 .20 cars from the original plan. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen Dalchet major subdivision. Chester Orlowski appeared before the board to discuss his intentions for the remainder of his property on Harbor Lane, Cutchogue. Discussed were the flaglots shown on the map and the possible condition that the road on the southern part of the premises be built to town specifications. The Board will Planning Board -2- March 17, 1981 study the map and get back to Mr. Orlowski. Revised highway specifications had been presented to the board at a previous meeting for action tonight on recommendations to the Highway- Superintendent. At the direction of the -chairman, the secretary made inquiries to the other East End towns to determine the widths require.d. for highways in new subdivisions. The following is the information obtained. Riverhead Town requires a 50 foot right-of-way with ,28 feet paved. Southampton Town requires a 50 foot right-of-way with 30 or 32 feet paved. . Shelter Island Town requires a- 49-1/2 foot right-.of-way with 24 feet paved. East Hampton Town requires a 66 foot right-of-way with 24 feet of base and 20 f.00t top- On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED to recommend to the Southold Town Highway Superintendent that the right-of-way for highways in subdivisions• be 50 feet in width with a 28 foot paved surface rather than a 36 foot paved surface for the following reasons: 1 . The narrower paved surface will better control the speed of traffic. 2 . It would help maintain the country atmosphere. 3 . It would be more economical for the town to maintain upon dedication. Vote of the Board: Ayes : Orlowski, Wall , Latham; Mullen Pridgin minor subdivision. A letter has been received in which Mr. Pridgin requests that he be allowed to not put in an improved 25 foot right-of-way until such time as he sells one or more of the, lots involved. The Board will not take action on this request until such time as an inspection has been made to determine if the present access to the second house is suitable for emergency vehicles. On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED to approve the sketch map dated March 9, 1981 of the minor subdivision of Pipes Cove Corporation located at Greenport. Vote of the Board: Ayes : Orlowski, ' Wall, Latham, Mullen Motion was made by Mr. Wall, seconded by Mr. Latham and carried to approve . the minutes of the regular meeting of February 26, 1981 . Planning Board -3- March 17, 1981 Main Street Market parking was discussed. Mr. Malinowski had been into the Town Hall and met with Mr. Pell and Mr. Raynor. He was agreeable to an exit only with no parking along the rear of the building going to Youngs Avenue and in and out traffic on the Main Road located at -about the center of the parking lot with an island dividing the lanes. This 'will eliminate about four parking spaces in that area. The board will need a map showing the addition and drawing in the island and designating the in and out areas and no parking areas. This information will be transferred to Mr. Boyd who is representing Mr. Malinowski. 8 : 00 p.m. Public Hearing on the question­of the approval of the minor subdivision of Smith/Carter/Blanchard located at Fishers Island. Mr. Latham made a motion, seconded by Mr. Wall and carried to dispense with the reading 'of 'the metes and' 'bounds description of the property contained in the legal notice. Mr. Orlowski presented proof of publication in the Suffolk Times and The Day. Mr. Orlowski: I have gone over the file this afternoon and every- thing appears to be in order. At this time I will ask if there is anyone in opposition to the subdivision of Smith/Carter/Blanchard? Hearing. no opposition, is anyone in favor of the subdivision? Is there anything you would like to say, Jim, where it is in Fishers Island? Mr. Wall: They have come to me for about a year. He shows conveying certain parcels which are actually going ' to take place. These people are just waiting for something to take this land over and add it to their existing properties that they have. Lot 3 was just a matter of letting them know if they are going to do anything with it they have to file for a subdivision on it. Other than that, I don't see any problem. Mr. Orlowski: Bill, any questions? Ritch? (Both negative) Mr. Orlowski: I will declare this hearing closed and thank you all for coming. On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED that the 'Southold 'Town .Planning Board declare itself lead agency in regard. to the State Environmental Quality Review Act for the subdivision of property of Genevieve L. Richards located at Arshamomaque. An initial determination of non-significance has been made. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen Planning Board -4- March 17, 1981 On motion made by Mr. Wall, seconded by Mr. Latham, 'it was RESOLVED to set 7 :30 p.m. , Monday, April 6, 1981, at the Town Hall, Main Road, Southold, New York, as ' the time and place for a public hearing on the question of the approval of the minor subdivision of 'Genevieve L. Richards located at Arshamomaque. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen 8: 15 p.m. Public Hearing 'on the question of the approval of the minor1subdivision of Reynold' F. Blum and William A. Littell located at Cutchogue. Mr. Blum and Mr. Littell were present at the -hearing. Mr. Orlowski read 'the legal notice of hearing and presented proof of publication 'in the Suffolk Times. Mr. Orlowski: I went through the file 'this afternoon and everything is here and' in order. At this time, is there anyone herein. opposition to this subdivision'? Hearing none, is there anyone here in favor of this subdivision. Mr. Blum and Mr. Littell : We are in favor. Mr. Orlowski: Anybody else? Does anyone have anything to add to this. Mr. Wall, do you have any questions? Mr. Mullen, , Mr. Latham? (all negative) Hearing none, I will declare this hearing closed. Vincent Annabel minor subdivision. Mr. Annabel . appeared. Mr. Orlowski pointed out to Mr. Annabel `that' he has 'a problem with frontage because of 'town requirements for 150 feet at the building line. He asked Mr. Annabel what his intention was with the under- sized lot 3 . Mr. ' Annabel answered that the adjoining property owner wants to add it to 'his property. IMr. 'Orlowski felt the lines could be moved with the elimination of, lot 3 to pick up the extra footage. Mr. Annabel will decide what he wants to do and get back to the board. 830 p.m. Public Hearing on the question of the approval of the minor subdivision I . of Donald P.Robinson, Dorothy R. Binns and Marion R. Mears located at Cutchogue. Abigail Wickham, attorney for the applicants, appeared at the hearing. Mr. Orlowski read the legal notice of hearing and presented proof of publication in the Suffolk Times. Mr. Orlowski: In going over everything in the file this afternoon carefully I see everything ,is in order. I will ask now if there is anyone that wishes to be heard in opposition to this subdivision. Hearing none, 'is there anyone here in favor that would like to be heard. Ms. Wickham: As you know, the applicants sold the development rights , to the northerly fifty-three acres to the � County of Suffolk and • r Planning Board -5- March 17, 1981 retained 'the 'parcel" that is now before you as a' 'minor subdivision, the idea being that where they ' are not "in farming they would sell the farm and leave some property out so the farmer can use the barn area where there is no restriction. They are in contract to sell the farm to a fellow that is going, to grow grapes and he is buying the fifty-three acres 'and..also the parcel 3 containing the barns . The main farmhouse in which Mrs. Binns has been living for some time is_ going to be conveyed ' to here. It is now owned by the three children. The srriall parcel 2 'is `going to' be added to Donald Robinson's small parcel . They are basically retaining the farm intact with the two conveyances for the two houses on the farm. Both the development rights portion and ' lot 3 have access on the Main. Road so there is nothing going to be landlocked here. Mr. Orlowski: Is there anyone else that wishes to be heard? Mr. Wall, Mr. Latham, Mr. Mullen? (all negative) I will declare this hearing closed and thank you for coming. On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Donald P. Robinson, Dorothy R. Binns- & Marion R. Mears was submitted to the Planning Board on March 3, 1981, and an application fee of $75 . 00 was paid on March 3, 1981, and WHEREAS, a public 'hearing' was held on the said subdivision application and plat at the Town Hall, Southold, New York, on March 17 , 1981 at 8:30 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 Donald P. Robinson, Dorothy R. Binns & Marion R. Mears for approval of said subdivision plat prepared by Young & Young dated February 17, 1981, be approved subject to consideration of the conditions of the Suffolk County Planning Commission and upon consideration of same the chairman be authorized to endorse approval on said subdivision plat. Vote of' the Board: Ayes: Orlowski, Wall, Latham, Mullen On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED to set 7 : 45 p.m. , Monday, April 6, 1981, at the Town Hall., Main Road, Southold, New York, as the time and place for a public hearing on the question of the approval of the minor subdivision of Baxter Properties, Inc. located at Cutchogue. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen Planning Board -6- march 17, 1981 8: 45 p.m. Public Hearing on the question` of the approval of the minor subdivision of 'Pecoriic 'Bay Gardens, ' Inc. located at Peconic. Richard Cron, attorney for the applicant, was present at the hearing. Mr. Orlowski' read' the' legal notice of hearing and presented proof of' publication in the Suffolk Times. Mr. Orlowski: In going over the file today, I find there is no affidavit of ownership. Mr. Cron presented the affidavit at this time. Mr. Orlowski: We do not 'have the­county' s recommendations yet. Is 'there anybody here that is in opposition to this subdivision? Hearing none, is there anybody here in favor of this subdivision? Mr. Cron: I am here on behalf of 'the applicant and as you can observe from 'the 'map' itself it is 'a four lot minor subdivision. I would take it we may have to go to the Zoning .Board of Appeals with respect' to lot number one "in light of the 50 feet required setback. It would only have 138.5 feet. The zoning ordinance requires 150 feet. ' We take that as not too serious a problem in light of the size of the lots `as they are substantially oversized. I would assume you want some kind of restriction on it which we wouldbe happy to give you. I would ask that it -be approved subject to approval of other departments. Mr. Latham: What is the ten foot right-of-way? Mr. Cron: I would assume it is in a deed of record. It is probably for Egans to get to Indian Neck Lane. Mr. Orlowski: Does anyone have anything to add either pro or con? Mr. Wall, Mr. Mullen, Mr. Latham, any questions? (all negative) I will declare this hearing closed and thank you for coming down. Paradise Point Corporation. William B. ''Smith 'appeared before the board. This is an approved excepted subdivision in the Town of Southold. The developer would like to increase the size of the lots to include ' the 'meadowland now in the name of the corporation. Mr. Orlowski would like to have an' inspection of the property and also to talk to the town attorney as to whether this has to be a major subdivision. Mr. Smith offered to show the property to the Planning Board whenever they plan the inspection. George Husing minor subdivision. The following are the conditions the map was made subject to by the Suffolk County Planning Commission. 1. No Ilot shall be subdivided or ' changed in any manner at any future date unless authorized by the Southold Town Planning Board. Planning Board . -7- March 11 , 1981 2 . ' Approval ' of this subdivision" 'shall be made subject to meeting the requirements 'and ' standards of the Suffolk County Department of Health Services. 3 . The above conditions shall be filed as covenants and restrictions in the'Offi'ce' of' the County Clerk. On motion made by Mr. Wall, seconded by Mr. Mullen, it was RESOLVED to over-ride the conditions of the Suffolk County Planning Commisson' for the following reasons: 1 . A building permit cannot 'be issued in the Town of Southold unless a subdivision has been approved by the Southold Town Planning Board. 2 . A building pe7rmit ' cannot' be' issued' until approval is given by ,the Suffolk County Department of Health Services. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen On motion .made by Mr. Latham, secondedby Mr. Mullen, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Martha Husing dated January 2, 1981, was submitted to the Planning Board on January 29, 1981, and an application fee of $50:00 was paid on January 29, 1981, and WHEREAS, a public hearing was 'he:ld on the said subdivision application and plat at the Town Hall, Southold, New York, on February 26, 1981 at 8: 15 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 Martha Husing for approval' of said subdivision plat prepared by Roderick Van Tuyl dated January 2, 1981, be `approved' and the .chairman be authorized to endorse approval on said subdivision plat. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen The following was introduced by Mr. Wall, seconded by Mr. Latham and carried. 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. Planning Board -8- March 17 , 1981 DESCRIPTION OF ACTION The minor subdivision of Martha Husing is a two-lot residential subdivision located at Mattituck. 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 significantadverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the 'alloted time from the New York State Department' of Environmental Conservation it is assumed that there is no objection nor comments 'by that agency. Applicant should be aware that a permit may be required because of the proximity to the freshwater wetlands. Because there has been no response in the alloted time from the Suffolk County Department of Health Services it is assumed that there is no objection nor comments by that agency. The Suffolk County' Planning Commission has indicated that because Nature . Conservancy has seen fit to acquire the adjoining parcel containing the body of water known as Horton Creek, measures should be taken to insure that any construction activity that takes place upon Lot 2 does not effect the conservation parcel by depositing silt or other debris upon it or by damaging its vegetation in any way. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Ms. Muriel Tolman, Secretary, Southold Town Planning Board, Main Road, Southold.,New York 11971. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED to set 8: 00 p.m. , Monday, April 6; 1981, at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing-on the question of the approval of the minor subdivision of Gertrude Duchow located at Peconic. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen Planning Board { -9- Karch 17, 1981 Sebastian' s Cove. Mr. "Raynor", Mr." Latham, 'Mr. Mullen and Mr. Orlowski made an inspection of the property on` March loth with particular emphasis on the stone-lined' gutter proposed by the developer. The board' was in agreement with the recommendations of Mr. John W. Davis, Planning Board Inspector, which are outlined in report #'158 dated January 16, 1981 but are not in accord with the proposal for 'a stone-lined gutter and prefer conventional curbing and gutters. The 'turnaround should be one- way with a 36 foo.t"right-of-way with 24 feet paved. This information will be transmitted to Mr. Wickham. Hill Crest development. An inspection will be made of this property by Mr. Latham and Mr. Mullen fora report at the next meeting. Bayside Farris. Mr. Cuddy 'has sent the letter as promised regarding the intention of the owners of this property. Mr. Raynor will now make an appointment with `the town attorney to go over the. legalities of this matter. The matter` of the division of two "parc'els, each,w th an existing dwelling, with insufficient area and width for property owned by Margaret and Estate' of Joseph P. McGowan .located at Laurel was reviewed by theboard `at' the request of 'the Zoning Board of Appeals. It was the consensus of the members present that in accordance with Section A106-13A of the Code of the Town of Southold Subdivision of Land Regulations that"this does not constitute a subdivision and is to be considered a setoff of land. The matter of the variance for the . creation of a substandard lot having an existing dwelling for 'proper'ty1owned by Mary H. Lockwood located at New Suffolk was requested to. be reviewed by the Zoning Board of Appeals. It Iwas the consensus of the members present that if the Zoning Board of Appeals grants the variance for the undersized lot that in accordance with Section A106-13A of the Code of' the Town of Southold Subdivision of Land Regulations that this does not constitute a subdivision and is to be considered a setoff of land. The matter of the division of two lots` ha'Ving insuffic&dnt -road : frontage and approval of access required, each- with an existing dwelling owned by Hope Prior Smith located at. Southold was reviewed 'by `the' board at the request of the Zoning Board of Appeals. It was the consensus of the members present that in accordance with Section A106'-1.3A of the Code of' the Town of Southold Subdivision of Land Regulations that .this does not constitute a subdivision and is to be considered a setoff of land. Planning Board . 10- March 17, 1981 Fishers Island` Utility Company, Inc ` minor 'subdivision.' Mr. Baker has submitted 'to the board a list of 'the stockholders of the company with officers„.and directors. Mr. Wa'll'� informed the board that this is not a utility 'and' thusdoes not come under the rules of the Public Utilities Commission. On motion made by Mr. Wall, seconded'by Mr. Latham, it was RESOLVED to approve sketch map dated'February .1981 of the subdivision of Fishers Island Utility Co. , Inc. located at Fishers Island subject to the removal'.of the 15 foot right-of-way to Central Avenue. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen On motion made by Mr. Latham, seconded by Mr. Wall, it was RESOLVED that the Southold Town Planning Board declare itself lead agency 'in regard to the State Environmental. Qual:ity Review Act for the subdivision of property of` Fishers Island Utility Co. , Inc.. located at Fishers" Island. The"`Board:. has `made ' an initial determination of non-significance. Vote 'of the' Board: Ayes: Orlowski, Wall, Latham, Mullen Peconic Knolls major subdivision. Jack Driscoll, Stan Waimey, . Steve Tsontakis and-Mr. Costello, owner. of' Lot 6, appeared before the board. Mr. Dean, Supt. of Highways, appeared at the meeting later at the request of Mr. Driscoll . George Fisher, Senior Building Inspector, has refused` a bui 1.'Iding` permit' on Lot 6 until such time as the Planning Board gives approval of access. After much discussion the following action was taken. On motion' made by ,Mr. Mullen, seconded by Mr. Latham, it was RESOLVED to direct the building inspector to' issue a building permit for construction on Lot 6 in the subdivision of Peconic Knolls subject to the following: 1 . A letter be' received by the Plann.ing 'Board from the Supt.. of Highways indicating that as far as he is concerned he has made an inspection. of the property and finds it suitable for access by emergency vehicles. 2. Th'ere `will 'be no :certificate of occupancy issued until such time as the road is, , s ,improved with pulvermixing and a coat of sealer all to the satisfaction of the Supt. of Highways and the Planning Board. Vote of the Board: ' Ayes`: Orlowski, Latham, Wall, Mullen Planning Board -11- March 17 , 1981 There being no further business to 'come before the board, Mr. Latham made a motion, seconded"by Mr. . Mullen and carried to adjourn the meeting. Meeting adjourned at 10:30 p.m. Respectfully submitted, Muriel Tolman, Secretary Henry E. Pkvnor, J . , hairma