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HomeMy WebLinkAboutPB-12/03/1979 P D T D S Y Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman TELEPHONE FREDERICK E. GORDON 765-1938 JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. A regular meeting of the Southold Town Planning Board was held at 7:30 p.m. at the Town Hall, Main Road, Southold, New York on December 3, 1979. Present were: Chairman Henry E. Raynor, Jr. Vice-Chairman .Frederick E. Gordon Member ,Bennett Orlowski (8:25 p.m. ) Member G. Ritchie Latham, Jr. Millicent Gossner, League of Women Voters Jack. Ryan, Suffolk Times 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of property of the Estate of Henry Jennings of which George L. Penny IV is the contract vendee. George L. Penny IV, Lewis and Debra Edson, Ted and Cora Stoll, and Mr. Stollmeyer appeared. Mr.. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Weekly Times. Mr. Raynor: This is a minor subdivision facing on Soundview Avenue and as there is no proposed road construction there is nothing in the file regarding road construction from the Town Superintendent of Highways. We have a letter from the County Health Department. We have a notice to the New York State Dept. of Environmental Conservation with regard to the State Environmental Quality Review Act designating Southold Town Planning Board as lead agency in regard to this project. There is a notice of referral to the Suffolk County Planning Commission. There is a letter from George L. Penny IV regarding drainage, grading and road construction and a legal description of the property. There is 'a letter addressed to Mr. Edson informing him that the Planning Board is lead agency. There is notice of receipt from the Town Clerk of the fee in the amount of $30 and the application signed by the applicant and notarized as well as maps designating the changes as asked for in the letter to Mr. Edson. As is the Board' s policy, is ,there anyone present this evening that would like to speak in opposition to this subdivision of George L. Penny IV. r r -2- Mr. Stollmeyer: I would like to see what is going to happen. (The maps were shown to the gentleman. ) Mr. Stoll: I notice a good part of that property is in the pond. I see he has enough land area anyway so apparently it wouldn't make any difference. The back end ends up in the water. Mrs. Stoll: Does it have approval from the Environmental Dept. ? This is a very beautiful area and I know what they have done to the west. It is sickening because of what they have done because of lack of planning from the beginning and there is such precious little left. Mr. Raynor: All the house sites are on the upland. Is there any- one else that wishes to be heard? Mr. Stollmeyer: It is subdivided into three lots? That is all? No complaint.. Mrs. Stoll: How would there be access to the third lot? Mr. Raynor: An existing driveway on the west side. Mr. Stoll: They could use a common driveway. Mr. Raynor: We try to do that. Is there anyone else here that would like to speak in opposition? Mr. Stollmeyer: The people who buy these properties, what rights have they got onto the pond or what may happen there? Mr. Raynor: Apparently the deed to the property runs into the pond and they have rights to the pond. Mr. Stollmeyer: And they would be subject to the wetland act? Mr. Stoll: Could they fill in? Mr. Raynor: Those days are long gone. Is there anyone present that would like to speak in favor of this subdivision? Debra .Edson: I think it is a great idea. Mr. Raynor: Is there anyone that has any information with respect to the property that the board should be knowledgeable about. Do you ,have any questions, Mr. Latham? Mr. Latham: No. Mr. Raynor: Mr. Gordon? Mr. Gordon: Nothing, except extending the right-of-way. Mr. Raynor: The question is up in lot 1. The building inspector' s office has requested that the right-of-way be extended so the frontage will be 150 feet, . in other words, going along the westerly boundary for 150 feet. _3_ Mr. Raynor: There being no other comments or questions, we will declare this hearing closed. Thank you for coming down and showing your concern about the neighborhood. On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED to recommend to the Southold Town Board release of the savings account bank book in the amount of $90,000 as a performance bond for the roads and improvements in the subdivision known as "Crown Land Lane" at Cutchogue, as per Inspection Report #100 of John W. Davis, Planning Board Inspector, recommending same. Vote of the Board: Ayes: Raynor, Gordon, Latham John Simicich cluster subdivision. Mr. Simicich and Charles Cuddy, Esq. , appeared. On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the sketch map of subdivision to be known as "Mill Lane Building & Contracting Corporation" located at Mattituck, of which John Simicich is the sole principle, said map dated November 8, 1979. Vote of the Board: Ayes: Raynor, Gordon, Latham On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of Thomas and Karen Uhlinger, map dated October 20, 1979, property located at Mattituck. Vote of the Board: Ayes: Raynor, Gordon, Latham On motion made by Mr. Latham, seconded by Mr. Gordon, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of Joseph Shipule, located at Bayview in Southold, said map dated November 1, 1979. Vote of the Board: Ayes: Raynor, Gordon, Latham Mattituck Park District. Abigail Wickham, Attorney, appeared. The Mattituck Park District is desirous of purchasing a parcel in the proximity of the Laurel School and adjoing property already purchased by the Laurel School District. -4- It will be necessary to close this matter before the end of the year. Mr. Raynor told Ms. Wickham that the town attorney has informed him that all divisions of property must be brought before the Planning Board for subdivision. He would also like to know the intentions of the owners for the remainder of the property. Mr. Raynor will forward Ms. Wickham' s letter of the 29th to the Town Attorney' s office with a request for a response as soon as possible. Baxter minor subdivision. The principles involved in the Murphy- Raeburn subdivision are having a problem with access to their property. There are a barn and house encroaching on the right-of- way over the Bokina property. The Board of Appeals will not grant approval of access until such time as there is a resolution of this problem. . They have approached Mr. Baxter for permission to use his right-of-way which is immediately to the west. Mr. Baxter is willing but doesn't want to jeopardize any division he might want to make of his property on the Sound in the future. Mr. Raynor informed Ms. Wickham that the Board is considering a 50 foot road one lot back from the Sound in this area to be built as a major town highway at the expense of the developers in this area. This will be required in the future and the exact location will be laid out shortly. This will have to be discussed with the Town Attorney. Mr. Raynor is not of the opinion that seven lots should have access over a 20 foot right-of-way. George Stankevich, attorney for Murphy and Raeburn, indicated that his clients would covenant to convey the 15 foot right-of-way to any developer in the future. The developers of Murphy-Raeburn will be willing to improve the Baxter access strip and maintain it until such time as the property of Baxter is subdivided. Mr. Orlowski arrived. Mr. Raynor commended Millicent Gossner, observor for the League of Women Voters, on the fine article she wrote which he felt was an excellent representation of what the board is trying to do with expired bonds. On motion made by Mr. Latham, seconded by Mr. Gordon, it was RESOLVED to accept the following recommendations and conditions of the Suffolk County Planning Department as pertains to the map of the minor subdivision of Robin A. Raeburn and MarV Elizabeth MurphV and direct that they be placed on the map: 1. No sanitary disposal facility shall be installed or constructed within 100 feet of the top edge of the bluff. -5- 2. No stormwater runoff resulting from the development and improvement of the lots or the subdivision shall be discharged down the face of the bluff in any manner. 3. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to direct stormwater from flowing over the edge of the bluff. 4. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance. 5. Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. 6. Access to the beach for Lots 2 and 3 shall be restricted to a single access structure located on or near the common property line between the two lots. 7. The right-of-way within Lot 2 shall be extended westerly at least 20 feet to provide for an easy transition of the driveway from one right-of-way to another. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED to approve Inspection Report #96 of John W. Davis, Planning Board Inspector, as being the correct right-of-way for the subdivision of Peter Warren #3. Vote of the Board: Ayes,: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was RESOLVED to accept the report #98 of John W. Davis, Planning Board Inspector, as pertains to the Knights of Columbus Council Hall at Cutchogue. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Gordon, seconded by Mr. Orlowski, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review 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 -G- 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 William L. and Muriel A. Murrayis a four-lot residential subdivision of 4.182 acres, more or less, located at Cutchogue. 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. The New York State Department of Environmental Conserva- tion has h-o.t-- answered in the allotted time indicating that it has no objection. The Suffolk County Health .Department has indicated that a precursory review indicates conditions are suitable for individual sewage systems. However, due to high nitrate concentrations in the groundwater supply, prbblems may be experienced in obtaining a potable water supply. The project will meet all requirements of the Code of the Town of Southold Subdivision of Land regulations. Further information can be obtained by contacting Miss Muriel Tolman, Secretary, Southold Town Planning Board, Town Hall, Southold, New York. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham Mr. Gordon moved for the adoption of the following resolution. Mr. Latham seconded the motion and it was carried. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of William L. and Muriel A. Murray, was submitted to the Planning Board on October 26, 1979, and an application fee of $40 was paid on October 26, 1979, and WHEREAS, a public hearing was held on the said subdivision application and Plat at the Town Hall in Southold, New York, on November 14, 1979 at 9:00 p.m. , and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision Plat and application, -7- Now, therefore, be it RESOLVED, that the application of William L. and Muriel A. Murray for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. and dated September 14, 1979 be approved subject to the following modifications, and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision Plat upon compliance by the applicant with such modifications as noted below. Modification of said Plat to show the following conditions of the Suffolk County Planning Commission: 1. No stormwater runoff resulting from the development and improvement of the property shall be permitted to flow out into Main Road. 2. The grading for and the construction of the driveway over the right-of-way shall be done in such a manner as to insure that there is maximum sight distance to the east from the point where the driveway meets Main .Road. No planting shall be permitted on Lot 4 in the vicinity of the right-of-way at Main Road that will interfere with the sight distance. Vote of the Board: Ayes : Raynor, Gordon, Orlowski, Latham The Planning Board Inspector is to be consulted as to specifications for the right-of-way at the time of construction. Pudge properties.. William Smith appeared on behalf of Mr. Grey. A bid is being made for the post office to be located on this property. The department will not entertain bids for locations off the Main Road. Mr. Smith presented a drawing which showed parking where the Helen Cochran house presently stands with the post office directly in back of it. Miss Cochran has a life interest in the house. If it is demolished she wishes to remain on the property and Mr. Grey proposes to build her a small cottage in the rear of the property which one day will revert to office space. Residential buildings are not allowed in a business zone. Mr. Smith will get back to the Board. Mr. Gordon moved for the adoption of the following resolution. Mr. Latham seconded the motion and it was carried. WHEREAS, a formal application for the approval of a subdivision plat, entitled Minor Subdivision of Zena and Rhoda Kaplan, was submitted to the Planning Board on August 3, 1979, and an application fee of $30 was paid on November 27, 1979, and WHEREAS, a public hearing was held on the said subdivision application and Plat at the Town Hall, Southold, New York, on November 14, 1979 at 7:30 p.m. , and -8- 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 Zena and Rhoda Kaplan for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. and dated September 10, 1979 be approved subject to the following modifications, and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision Plat upon compliance by the applicant with such modifications as noted below. Modification of said Plat to show the following conditions of the Suffolk County Planning Commission: 1. All stormwater runoff resulting from the development and improvement of this subdivision shall be retained on site by adequate drainages and shall not be allowed to flow out into Main Road or into the State recharge basin. 2. No driveway shall be located within 50 feet of the south- west corner of the intersection of Main Road and .Shipyard Lane. 3. Where possible vehicular access to Lot 1 shall be restricted to Shipyard Lane. 4. No residential structure or other major- structuree=shall be located within 100 feet of the mean high water line on Gardiner' s Bay. 5. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner' s Bay. 6. No stormwater runoff shall be discharged .directly into Gardiner' s Bay in any manner. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Latham, seconded by Mr. Orlowski, it was RESOLVED to approve the parking plan of Night Fever Disco dated November 29, 1979 as requested by the Board of Appeals to comply with Section 100-112 of the Code of the Town of Southold. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham On motion made by Mr. Orlowski, seconded by Mr. Gordon, it was. -9- RESOLVED that the Southold Town Planning Board declare itself lead agency as regards the State Environmental Quality Review Act for the minor subdivision of property of Briarcliff Sod, Inc. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham iM a.n e h 0 Van PM�+� major subdivision. The Board reviewed this map with regard to Camp Mineola Road. There are several alternatives. It can be made 50 feet wide and improved to town specifications. It can be done jointly with the adjacent property owner. A bond can be set to build a road at the time the other road is built. Mr. Raynor will confer with Town Attorney Tasker on the legality of the matter. The Board met on Monday, November 26, 1979 with Charles Lind, Chief Planner, Suffolk County Department of Planning. Attending this meeting were Chairman Henry Raynor; Members Bennett Orlowski, Frederick Gordon and G. Ritchie Latham; Paul Demery of the L. I. Traveler-Watchman; Frank Bear, President of the North Fork Environ- mental Council. The meeting was called specifically to discuss the long narrow lots which go to the Sound and the creation of a highway system. The alternatives discussed were the creation of an official street map, clustering the property in order to develop the northern part with the southern portion remaining in farmland, the possibility of the county' s philosophy of clustering. houses using a townhouse concept. The Board will study this matter further. The Board met on Friday, November 30, 1979 with Stan Pauzer, District Manager, and Marc Usher, District Conservationist, both with the .Soil and Water Conservation District of the U. S. Dept. of Agriculture with offices in Riverhead. Present were Chairman Henry E. Raynor, Jr. ; Bennett Orlowski, Jr. ; G. Ritchie Latham, Jr. ; Frank Bear, President of the North Fork Environmental Council; John W. Davis, Planning Board Inspector; Paul Demery of the L. I. Traveler- Watchman. Mr. Orlowski reported that in discussion the Board has decided to reject the proposal of George Toumanoff for Sebastian' s Cove, Section I, swale drainage. At this meeting the potential problems in the proposal of ponding on private property, silting, topography of property, lack of engineering data seemed to present too many deficiencies to consider swale on this particular subdivision. It would not be of advantage to either the developer or the Town. Suggestion is to return to a conventional town specification regarding recharge basin, catch basin system per highway specifications and the regrading of the proposed roads should be set at a 1-1/2 to 1 slope with four inch top soil placed on. Plantings on these slopes should be of Weeping Love grass or something similar. -10- Motion was made by Mr. Gordon, seconded by Mr. Latham and carried to accept the report made by Mr. Orlowski on the meeting held on Friday, November 30, 1979 with Stan Pauzer, District Manager, and Marc Usher, District Conservationist, from the Soil and Water Conservation District, and to forward the information to Richard Lark, attorney for the developer of Sebastian' s Cove, Section I. On motion made by Mr. Gordon, seconded by Mr. Latham, it was RESOLVED to grant final approval to the subdivision of business property of O'Connell and Lizza as all conditions have been complied with. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham Weiss - letter from Gary Flanner Olsen, Esq. , dated November 5, 1979. Dear Henry: Please be advised that I have been contacted by a Philip .J. Weiss concerning Lots 6, 7, 8 and 9 of Ravatone Realty Corp.; which lots were purchased by his parents, Albert and Martha Weiss, both now deceased. In 1943 Mr. and Mrs. Weiss purchased Lot 6 upon which was located a house (by Deed Liber 2301 Page 469) ; in 1944 were purchased adjoining Lots 7, 8 and 9 (by Deed Liber 2307 Page 372) . In the early 1960' s a garage was constructed on Lot 7. Albert Weiss died in 1968, and Martha Weiss died in 1978. I did not handle either estate, however, I have been advised that Lots 6 and 7 containing the house and garage were deeded to a son of Mr. and Mrs. Weiss by Deed Liber 8653 Page 510. The estate still owns Lots 8 and 9, both of which are vacant and intends on conveying said lots, as one-building parcel, to another member of the family. I applied for a Vacant Lot Certificate of Occupancy for Lots 8 and 9 from the Building Department, to treat said lots as one separate building parcel, but was advised by George Fisher that the Planning Board would have to approve the division of Lots 6 and 7 from 8 and 9. Since this appears to be an inter-family division of lots already on a filed map, I would appreciate your considering the necessity of applying for a minor subdivision and the expense that would be incurred thereby. If you have any questions, please do not hesitate to contact my office. Best regards. /s/ Gary Flanner Olsen -11- It was the consensus of the Board that as this is going to be a sale within the family it appears to be a casual sale and on that basis this Board would view this division on a one-time hardship basis. There being no further business to come before the Board, Mr. Orlowski made a motion, seconded by Mr. Gordon and carried to adjourn this meeting. Meeting adjourned at 10:00 p.m. The next meetings are scheduled for December 17, 1979; January 7, 1980; and January 29, 1980. Respectfully submitted, Mur el Tolman, Secretary LVenry E. Raynor, J . , C irmwn