HomeMy WebLinkAboutPB-08/31/1981 T cn D
S Y
Southold, N.Y. 11971
HENRY E. RAYNOR, Jr., Chairman TELEPHONE
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. , .Monday,. August 31, 1981, at the Town Hall, Main Road,
Southold, New York. Present were:
Chairman Henry E. Raynor, Jr.
Member G. ",Ritchie Latham, Jr.
Member William F. Mul.len, Jr.
Member Bennett Orlowski, Jr.
7 :30 p.m. Public Hearing on the question of the approval of the
minor subdivision of Paradise Point Corporation located at Southold.
Present was William Smith, acting agent for Mr. Schuddy and Mr.
Hallenbeck, part of the Corporation. Mr. Raynor read the legal notice
of hearing and presented proof of publication in the Suffolk Times .
Mr. Raynor: In reviewing the files, we have the following items:
Number one, receipt from town clerks office in the amount of filing
fee of $100. 00, correspondence from this board approving the sketch
plan of the minor subdivision set this evening as the time, his metes
and bounds description, correspondence from both the applicant' s
broker and from the building inspector, short environmental assess-
ment form pertaining to the State Environmental Quality Review Act,
statement concerning no grading, new road construction, new drainage
structures to be forth coming, application for the approval of the
plat, notice of legal hearing. There are no letters from the Super-
intendent;_of Highway as this subdivision requires no new extension
of town roads or services . As is the policy of this board, we will
ask this evening if anyone would like to speak in opposition to this
proposed subdivision entitled Paradise Point Corporation? Hearing
....none, Is there anyone present who would like to speak in favor of
this proposed subdivision entitled Paradise Point Corporation?
Mr. William Smith: I am acting as agent for the Paradise Point
Corporation and Mr. Schuddy and Hallenbeck, part of the Corporation
and anyone not familiar with it, the four parcels -,we are talking
about are only going to be added to final map lots that were done in
the past, in fact 1967 , I believe. These four lets will have this
extension added to them but, there can only be buildings on the
filed maps that are up in the woodlands and will be below that. That
is what the owners have agreed tc, and that is what we are here for,
I believe.
(2) August 31. __ _1
Mr. Raynor: Thank you Mr. Smith. ' Is there anyone else present this
evening who would like to speak in favor of this proposed subdivision?
Hearing none, what Mr. Smith has said actually ties up an excess of
10 acres of prime wetlands, so that. . . is one more step in the
fact that we have been able to preserve what is down and I think this
type of subdivision pretty well speaks for itself. Whatever the
determination of the board, would be subject to the consideration of
the Suffolk County Planning recommendations and subject to any recom-
mendations from other agencies with State Environmental Quality Review
Act. Is there anyone this evening who has any information per-
taining to this subdivision that may be neither for nor against, but
should be brought to the attention of this board at this time?
Hearing none - Mr. Latham, Mr. Mullen, Mr. Orlowski, Do you have any
questions?
(All Negative)
There being no further questions or comments from the._board, we will
deem this hearing closed. Thank you gentlemen for coming down this
evening.
On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board declare itself
lead agency in the matter of the minor subdivision of Paradise
i _�gration,� located at Southold under the State Environmental
Quality Review Act. An initial determination of non-significance
has been made.
Vote of the Board: Ayes: Raynor, Mullen, Latham, Orlowski
On motion made by Mr. L'atham-,,. seconded by Mr. Mullen, it was
RESOLVED to set 7 :30 p.m. , Monday, September 28, 1981 at the
Town Hall, Main Road, Southold, New York, as the time and place for
the question of the approval of the minor sub-
division of Harold E. Tuthill.
Vote of the Board: Ayes: Raynor, Mullen, Latham, Orlowski
Smith, Carter, Blanchard Minor Subdivision request for a change of
name from Richard A. and Dorthea E. Howard to Richard A. and Martha
Howard was tabled until next meeting , as the Fishers Island Board
member was not present.
On motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOLVED to approye the Nicolas Fontana minor subdivision,
located in Mattituck, subject to the Suffolk County Planning recom-
mendations .
Vote of the Board: Ayes: Raynor, Mullen, Latham, Orlowski
(3) .. August 31, 1981
7 : 45 p.m. Public Hearing on the question of the approval of the
minor subdivision of Marie Cassidy, located at Arshamomaque, New
York. Mr. Raynor read the legal notice of hearing and presented
proof of publication in the Suffolk Times .
Mr. Raynor: In review of this file, we have a notice of zeceipt
from the Town Clerk' s Office, in the amount of filing fee $100. 00,
we have a notice from the New York State Department Environmental
Conservation on the basis of the information presented, above
reference proposed appears that a permit be required by New York
State Department Environmental Conservation law Article, 25 , pro-
posed therin, recommended that the tax section map be included in
this lot, be submitted when this application be first made. The
enclosed applications, questionare, Environmental Assessment Form,
for preparation of a. petition for permit, and it is signed by
Robert N. Thurber for Donald J. Larkin, per Administrator. I also
have in the folder an application for the approval of plat, short
envoronment.al assessment from, sta.tement .covering grading, road
construction and drainage, transmittal of Suffolk County Department
of Planning, correspondence from our board to New York State Depart-
ment of Environmental Control, pertaining to SEQURA, correspondence
from Suffolk County Department of Health Service:
I am in receipt of your letter dated ..June 24 , 1981, and
we are in agreement with your determination of lead agency
status . Due to the nature of the area, prior to commenting
on the sanitary facilities, we would normally request a test
well and test hole. Should you have any further questions,
please do not hesitate to contact this office. , Royal
R. Reynolds, Public Health Engineer,
legal notice, metes and bounds description, correspondence setting
resolution for tonights hearing. Again there is no town road con-
struction proposed for this minor subdivision, -there is no correspon-
dence from Superintendent of Highway' s office. It is a policy of this
board on Public Hearings, we will ask if there is anyone present
this evening who would like to speak in opposition to this proposed
minor subdivision for Marie Cassidy? Hearing None, is there anyone
present this evening who would like to speak in favor for the minor
subdivision of Marie Cassidy? Hearing none, is there anyone present
this evening that has some information pertaining to this proposed
subdivision, would you come before the board at this time. Hearing
none, Mr. Orlowski, Mr. Mullen, Mr. Latham?
(Negative)
Being no further questions, we will deem this hearing closed.
(4)` August 31, 19oi
Penny and Johnson minor subdivision - Mr. Latham and Mr. Mullen gave
a report on the field inspection made on this property. It was noted
that this major subdivision has been divided into two minor subdivisions .
The lot plan for Mr. Penny is for 148 feet, rather that the required
150 feet, totaling just about a full acre on two of the lots . Their
proposed plan will result in five lots rather that six.
On motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the minor subdivision entitled Robert Johnson &
George L._Penny 1V, remain as proposed, with no further subdivisions
in the future on any of the parcels.
Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen
On motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that whereas, a formal application for the approval of
a subdivision plat entitled Minor Subdivision of David A. Geula, was
submitted to the Planning Board on March 31, 1981 , and an application
fee of $100 . 00 was paid on August 3 , 1981, and
WHEREAS . a public hearing was held on the map of said subdivision
at the Fishers Island School, Fishers Island, New York on August 12,
1981, 1: 15 p.m. , and
WHEREAS, the requirments 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 David
A._Geula for approval of said subdivision plat prepared by Chandler,
Palmer & King be approved and the chairman be authorized to endorse
approval on said subdivision plat. _
Vote of the Board:. Ayes: Raynor, Orlowski, Latham, Mullen
On motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOLVED to amend the, minutes of the meeting on Fishers Island,that,
a meeting wi-th the Highway committee, the Superintendent of Highways,
and the Southold Town Planning Board, it was the concensus that, there
will be a waiver granted for the construction of blacktop in the
width of 28 feet, on the subdivision entitled Honeysuckle Hills.
Vote of the Board: Ayes : Raynor, Orlowski, Latham, Mullen
On motion made by Mr. Latham, seconded by Mr. Mullen,�.it was
RESOLVED that on the basis of the Fishers Island Utility Co. ,
minor subdivision..having no objections to the Suffolk County Planning
recommendations, that the _chairman bea_u_t_h_o_r_ized to endorse _approval
on said map.
Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham
(5) August 31, 1
8: 00 p.m. Public Hearing on the question of the approval of the
miner subdivision of Robert C. Nelson, Jr. located at Bayview,
in Southold. Abigail Wickham represented th:e Goose Creek Lane
Association. Mr. .Cuddy represented Mr. and Mrs . Robert C. Nelson.
Mr. Raynor: 8: 00 p.m. , public hearing, which was recessed on
Fishers Island on the question of approval of the minor subdivision
on Robert C. Nelson, located at Bayview. As this was erroneously
set forward to be had on Fishers Island, we had many people that
requested that we recess this, which we did after reading through
the metes and bounds description. As is the policy of this board
we will ask it there is anyone . . . before I do that, let me do
the file entirely. We did this on Fishers Island. I think it is
incumbent that we do this again. We have a town clerk' s receipt for
Tooker, Essecks, Hefter, and Cuddy in the amount of $50. 00, corres-
pondence resetting this hearing for this time and place, proof of
publication from Suffolk Times, that this was readvertised, corres-
pondence from applicants attorney, application for the approval of
plat in duplicate, I have also, a deed to property, correspondence
from the Suffolk County Department of Health Services, with regard to
State Environmental .Quality Review Act:
I am in receipt of your letter dated June 10, 1981. We
are in agreement of your determination of lead agency status.
Prior to commenting -on the water supply of septic system, a
test well and a determination from State DEC concerning
wetlands would be necessary. Please do not hesitate to
contact us . Royal R. Reynolds .
We have a receipt from Suffolk County Department of Planning. The
Suffolk County Planning Commission at its regular meeting on August 5, 1981,
reviewed the proposed subdivision plat entitled, Minor Subdivision,
Robert C. Nelson, Jr. , referred to it, pursuant to Section 1333 of the
Suffolk County Charter. After-,due study and deliberation it resolved
to approve said map subject to the following six conditions listed
necessary to help preserve the natural and aesthetic attributes of the
waterways of Goose Creek:
1 . No lot shall be changed in any manner unless so authorized
by the Southold Town Planning Board.
2 . All stormwater runoff created by the development and im-
provement of this tract shall be retained within the site by adequate
drainage structures and shall not be discharged directly into the
waterways of Goose Creek.
3 . No sanitary disposal facility shall be installed or con-
structed within 100 feet of the waterways of Goose Creek.
4 . No residential structures shall be located within 100 feet
of the dredged canal bordering the northerly side of the parcel .
5 . Approval of this subdivision shall be made subject to its
meeting the requirements and standards of the Suffolk County Department
of Health Services .
(7) August 31, 198
Abigail Wickham con't. but, I wanted the Board to be aware of the
conditions on that access because it is shown as part of the map and
is part of description of your subdivision. The understanding that,
Mr. Cuddy can correct me if there seems to be any discrepancy, is
that a permanent barrier of gate has been erected at the existing
termination of this right of way right about at the end of the .
where the dredge canal is shown. It is a 10 foot wide chain link
fence, with a gate in it. The gate is 10 feet wide and that is to
be kept locked according to the agreement. The keys to the gate would
be delivered to the owners of these ,properties that is currently be-
fore you on the subdivision, and to be used only by those properties
for access, not for through access, so that the gate would have to
be kept locked when they weren't using it. The main concern, I
think, of the road association was the through traffic there); because
it can be used as a short cut to get to Southold, that apparently
in the past,when it was open,had been used by kids going through
and drag racing.
Mr. Raynor: This gate then, is a controlled factor, it has been
respiked?
Abigail Wickham: Yes, then also a method of settlement in terms of
the dispute as to the legalities of using the right of way.
Mr. Mullen: How long ago was that gate put up? We ask because we
were down there, I guess what, six or eight weeks ago.
Abigail Wickham: Mr. Zaner, could you come up? This is the president
of the Association, he might answer it.
Mr. Zaner: About two years but, we had a chain across there for many
many years but, the idea in this litigation was that we put up aline
that could be opened and closed. The other one was just a chain that
couldn'-t be moved without a sledgehammer.
Abigail Wickham: I would also like to, just for the Board' s infor-
mation make them aware that this, the use of this gate and accesses
to the lane would terminate in the event that there were a town ap-
proved road, and from North Bayview Road, over the access that you
have just described so it is a . . .
Mr. Raynor: Based on the submission, it would be substandard, it
wouldn't have to be dedicated.
Abigail Wickham: No, I understand that, I don't know if there is any
property around that might someday be developed but, only if there
were a town approved road, would it terminate, but it is terminable.
Those are the basic previsions, I don' t know if you have anything to
add, but I want you to be aware that, that I think the Goode Creek
Lane Association is primarily concerned that the Board be aware of
this limitation on this right of way as shown on the subdivision and
that that not be the primary access.
Mr. Raynor: Would you indicate once more for us what you' re asking
not to be the primary access?
Abigail Wickham: Yes, this right cf way from this side.
(8) August 31, 1- - !
Mr. Raynor: From the Northeast in?
Abigail Wickham: Yes .
Mr. Raynor: O.K. Then it is not dedicated as the primary access,
in fact, it is not dedicated or intended to be accessed at all.
Abigail Wickham: That is what they are concerned about. The gate
is right about here, somewhere, I don't know, I can't tell you ex-
actly, but I just wanted that to be in you minutes.
Mr. Raynor: Is there anyone else present this evening who wat!ld like
to speak in opposition to this proposed minor subdivision? Hearing
none, alright, is there anyone present this evening who would like
to speak in favor of this proposed minor subdivision?
Charles Cuddy: Yes, I would. I am Charles Cuddy, and I represent
Mr. and Mrs . Nelson. I have no correction or really addition to
what Miss Wickham said regarding the stipulation, except that, I
think you should know that the stipulation is part of a case that was
in Supreme Court, Suffolk County, if you want to refer to it at any
time. The case was Robert C. Nelson Jr, and Ann Marie Nelson, plaintiffs,
against Samuel Ebstein, Herbert Rosenburg, and others, which is re-
ferred to as that el, as defendants, and there is a stipulation which
indicates just essentially what she said. . .
Guest: We can' t hear you.
Mr. Cuddy: I said there is a stipulation that indicated essentially
exactly what she said. I have just one request of the board. You
made a recommendation with regard to the improvement of the road.
There is no dollar figure that accompanies that, now I ask you to
get a figure because it is my belief, that you are asking us, if I
understand it correctly, us being, Mr. Nelson, for his two lots to
improve a distance of about 1400 feet. If we are including 1400 feet,
two feet wide, three inches deep, I think that we are improving
somewhere in the neighborhood, dollar wise, of five to seven thousand
dollars, and if that is so, I think that is onerous upon us having two
lots at the end of that right of way. There are pther people that
have lots along there. I have no objection, as well as Mr. Nelson
doesn' t, to improving at the end of the area as suggested by the
engineer. We do have some objection, though, _a very serious ob-
jection to improving the whole length, I think that is burdensome
upon him. If that is to be done and the board feels compelled to
have us do that, then I would ask the board to reserve decision so
we might further discuss it with the board because if that is necessary,
I would like to bring in our own engineer to indicate exactly what the
figures would be.
Mr. Raynor: What I read, Mr. Cuddy, was not a recommendation of the
board, it was the recommendation of the field inspector.
Mr. Cuddy: I understand, I am just responding to what you indicated
that recommendation is, and I understand what he is doing, but I think
it is more than we should have to do, that' s all, then there would be
a problem, As of right now, we are certainly not asking for the right
of way that Miss Wickham has just indicated was her concern.
(9) August 31, 1981
Mr. Cuddy con' t We have a right to go over it, but we are not
asking that that be the primary access, but that right of way is an
improved right of way, and we would become involved with that right
of way, if we felt we would have to improve the whole length of
this right of way, because I think that is more than we should have
to do. That' s all, otherwise I would ask the board to approve it
after considering that, but if the board feels compelled to have us do
the whole right of way, then I would ask the board to reserve their
decision and let us come back and discuss it once more.
Mr. Raynor: Well , the board won't make any decision with regard to
it tonight, but I must say we weigh very very heavily, the recom-
mendation from our inspector and if you have anything that you
should add, that should be put in, within thE: 45 day period, in fact,
you should have it submitted to us prior to the next meeting, which
I believe is the 14th of September.
Mr. Cuddy: O.K. Thank you
Abigail Wickham: I would like to ask a question, if I may, does
Mr. Nelson plan. to make any improvements to the Goose Creek Lane
Road?
Mr. Cuddy: The road that you are talking about?
Abigail Wickham: Yes, on the east.
Mr. Cuddy: Not. . . Not that I am aware of No.
Abigail Wickham: This is Mr. Nelson?
Mr. Cuddy: No, it is not Mr. Nelson.
Mr. Raynor: Is there anyone else present this evening who would
like to speak in favor of this Froposed minor subdivision? Hearing
none, is there anyone present this evening that may have some
information that should come before this board that may be neither
for nor against this proposed subdivision but should become part of
this public hearing?
Millicent Gossner: Henry, is lot number one a flag lot?
Mr. Raynor: I guess you would say it would vary with your definition.
Usually a flag lot is defined with having a right of way in excess
of width and length of the lot that it would transverse. It
could be interpreted almost any way Millie, but generally the flag or
the stem of the flag would give greater distance thhft the intiial
first leg of the lot itself. Any other question concerning this
subdivision? Hearing none, Mr. Mullen, questions?, Mr. Latham, Mr.
Orlowski?
(Negative) there being no further questions, we will deem this hear-
ing closed and thank you for coming down.
(10) August 31, 1
Nina Stev_ens_ - Mr. Cron appeared on behalf of Nina Stevens. He
stated his objection to the county recommendation #10, and asks
the Planning Board to over ride the question of liability of two
common lot owners, as the county gives no real reason as to why they
are necrssary. He expressed his dissapproval on the Cou.nty' s com-
ment to include prevision to extinguish the right of way in the event
that a proposed East-West. Master Plan road is ever constructed. He
did not want this comment to be made a part of the conditions of the
Planning Board. He had no objections to the possibility of dedicat-
ing this road.
Mr. Cron-
David Brawner - stated that the four lot minor subdivision, having
buildable lots, is not something that is going to be covenanted to
remain an open space. The Board stated that it needs an explanation
from the county, and requested a draft covenant to convey back to
the county, along with a copy of the covenants pertaining to the
natural preserve.
Cove Beach Associates - Mr. Cron stated objection to the Town Engineer' s
recommendations # 5 and # 8. Item #8 , recommends that all drainage
be fenced. The matter has been referred to the Town Attorney. The
Town Council-.,agree that, should the roads be built and dedicated, they
cannot accept anything but fenced drainage. If the roads remain pri-
vate, it is the clients option. Mr. Cron suggested that, there
should be covenants made to that effect. The Board requested a letter
explaining this situation. Hopefully, the Town Council will provide
the Town Attorney with something agreeable for a different type of
recharge. Item #5 requires the Planning Board to have a work session
for a final determination.
Peconic Bay Gardens - Mr. Cron objects to Item #4 on the County
recommendations. He requested that the Planning Board over ride the
recommendation of 100 foot set back lines . He feels local deter-
mination is sufficient.
Green Briar Acres - Mr. Cron asked that the Board make a recommenda-
tion to the Town Board on this subdivision, for release of the bond.
He would like to resolve this matter.
Stephen Shilowitz - Mr. Cron asked for an appointment for the Sept-
ember 14 , meeting to discuss this new site plan.
Armand Bartos - Mr. Price speaking on behalf of his client, informed
the Planning Board that he had applied to ,.ZBA for access pursuant to
Town Law 280-A, requesting that he be allowed to sell a part of this
property. The division of lots that were granted, were grandfathered,
except for lot. #2, as this was labeled as an access variance. Having
sold lot #1, he wcE: d like to sell lot #2, but needs a Vacant Land
Certificate of Occupancy. This has been denied because it needs
planning board approval. The Planning Board will consult with the
Town Attorney for a possible set-off.
return
Czartosieski- It was the concensus of: the board toA the ZBA' s request
in order that correct procedure may be followed.
i
(11) August 31, 1981
Reich_e/Issac_Edwards ,- Mr. Price speaking on behalf of Reiche Bros .
and having permission from Mr. Edwards and Mr.. T'edeschi received
special exception from the ZBA for ;the automotive repair shop, zoned
industrial, subject to site plan approval. This site, .with the two
lots put together does not have 200,000 square feet required for
industrial zoning. One of the special exceptions was that if in
the future, if there was a request :for another variance, that they
would have to apply for the same special exception again ,
The Board will make a field inspection, and requested that Mr. Price
forward a copy of the ZBA determination to the Planning Board.
Stalle_r_Site Plan - Presubmission Onference, The Board asked
that they be given enough) time toistudy the proposal,,located on Rocky
Point Road, in East Marion, New York.
On motion made by Mr. Orlowsli, seconded by Mr. Latham, it was
RESOLVED that the Southold .Town Planning Board declare itself
lead agency under the State Environmental Quality Review Act for
the Major Subdivision entitled Edward Speeches, located near
Greenport, New York. An initial determination of non-significance
has been made. .
Vote of the Board: Ayes: Raynor, Orlowski, Mullen, Latham
Mr. Raynor appointed Mr. Latham and Mr. Mullen to do a field inspec-
tion on the property of Edward Speeches.
On motion made by Mr. Orlowski, seconded by Mr. Latham, it was
RESOLVED that the proposed minor subdivision entitled Katherine
Ebert,_Mattituck Holding Company, be processed as a "set-off" rather
than a minor subdivision.
Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen
Highland Estates - Mr. Raynor appointed Mr. Mullen and Mr. Davis
to do a field inspection on this property and to report backLto_the
Board their findings at the September 14 , meeting. Is it suitable to
issue a CO?
ZBA referral of Jon C. _Kerbs and William Lak_ow_i_tz,_William and Ann
Zoldessy-�It was the concensus of ,the Board to return their request(ZBA)
for recommendations for a detailed ,explanation from them.
On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was
RESOLVED to approve__off-street parking for John_and Mary Pietrodanaelo's
floral shop, subject to Inspector Davis ' determination on necessary
construction. This is subject to a one year review.
Vote of the Board: Ayes: Raynor, �Orlowski, Latham, Mullen
_ I
(12) August 31, 1
On motion made by Mr. Orlowski, seconded by Mr. Mullen, it was
RESOLVED that the site plan entitled The Cove, be sent to the
Building Inspector for certification. W
Vote of the Board: Ayes: Raynor, Orlowski, Latham, Mullen
Change of Zone, Anthony J. and Dorothy A. DeMaula, William Tsigakos
and Peter Brountzas- The Board to field inspect the areas on September 10,
1981 at 11: 00 and report their findings at the September 14 , meeting.
It is the concensus of the Southold Town Planning Board that, all
future meeting appointments will be limited to proposals given to our
secretary one week pricy to the scheduled meeting.
Only those items listed, and at an appointment time given for those
items, will appear on the agenda. All items to be discussed will be
confirmed by her prior to the meeting, if desired. This policy is
being established so that, each appointment may get total time and
attention to those proposals listed.
A discussion was held on the possible sale of Orient Point for a
major site plan.
There being no further business to come before the Board, Mr. Mullen
made! a motion, seconded by Mr. Latham and carried to adjourn. Meeting
adjourned at 9 :35 p.m.
Respectfully submitted,
Susan E. Long, Secretary
Henry E. Raynor, Jr.., Cha rman