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HomeMy WebLinkAboutPB-05/08/1979 P D T( iD FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. OORDON JAMES WALL Southold, N.Y. 11971 TELEPHONE 765- 1938 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Tuesday, May 8, 1979 at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Member Frank S. Coyle Member Frederick E. Gordon Member James Wall Millicent Gossner, League of Women Voters 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of property of Peter Sled3eski at Orient. Frederick J. Tedeschi, Esq., appeared for Mr. Sledjeski. Mr. Raynor read the Legal Notice of Hearing and presented proof of publication. Mr. Raynor: In the file is a copy of the legal notice. We have received from the applicant's attorney the correspondence regarding the Environmental Assessment Form. There is a letter from the Board to the Suffolk County Planning Commission overriding the condition of the 50 foot right-of-way. There is no highway construction involved so there will be no letter from the Supt. of Highways. As is the policy of the Board is there anyone present this evening who would like to be heard in opposition to this subdivision. Hearing none, is there anyone present this evening that would like to be heard in favor of this subdivision. Frederick J. Tedeschi: I am the attorney for the applicant. Inasmuch as there is no opposition I would ask the Board to move it along. I think we have complied with everything you have asked for. Mr. Raynor: Is there any member of the Board that has any question regarding the application. Mr. Coyle: I assume there is the legal form pertaining to the reduction of any of the lots. Planning Board -2- May 8, 1979 Mr. Raynor: We have the covenants and restrictions. One of the things would be to restrict the access and the lots to the right- of-way rather than come onto the Main Road. I would like it on the map. Any decision of the Board would be subject to receipt of that information on the map. Mr. Coyle: That would be all three lots would use the right-of- way. Mr. Raynor: Yes. We are talking about the construction of the right-of-way and where you haven't given us any proposal we will send our inspector down and find out what he suggests. There will be a waiver as far as full road construction. Mr. Coyle: This Rose property has this right-of-way exclusively down the left side of Lot #3 even though Lot #3 pays the taxes? Mr. Tedeschi: He will own the fee but it is subject to Mr. Rose's right to use it. Mr. Raynor: Anything the Board does is subject to the recommendations of the inspector. Mr. Gordon: Does the applicant plan to put the road in? Mr. Redeschi: As soon as he finds a buyer. Mr. Gordon: He understands Lot #3 has no access until he puts that right-of-way in. Mr. Tedeschi: He can't sell 2 or 3 until there is access. Mr. Raynor: Does anyone else have anything to add to this. Mr. Gordon: No. Mr. Raynor: You will hear from us in regard to the specs. Send a copy of conditions i and 2 of the County to Mr. Tedeschi. There being nothing further, I will declare the hearing closed. On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board release of the bond for the subdivision known as "Greenfields at Southold" as per recommendation in Inspection Report #49 of John W. Davis, Planning Board Inspector. Vote of the Board: Ayes: Raynor, Gordon, Coyle, Wall Planning Board -3- May 8, 1979 7:45 p.m. Public Hearing on the question of the approval of the minor subdivision of property of Thomas and Jean Jones at Cutchogue. Mr. Raynor read the Notice of Hearing and presented proof of publication. There were discrepancies between the legal notice and the map amended March 13, 1979. Mr. Haynor: Recommendations are in from the Suffolk County Planning Commission. We have in the file copy of the legal notice, correspondence and notification of the approval of the sketch map on March 15th, the application from the developers, declaration with regard to covenants and restrictions not to further apply for subdivision. We have the short Environmental Assessment Form drawn out and filed by the applicant. There is correspondence and an old sketch map. As if the policy of the Board we will ask if there is anyone present that would like to speak in opposition to the minor subdivision of property of Jean and Thomas Jones. Hearing none I will ask if there is anyone present this evening that would like to speak in favor of the subdivision of Jean and Thomas Jones. Hearing none, do the members of the Board have anything. Mr. Coyle: Lot #1 should have some type of showing as to how many acres it is which is 1.95, the other being 40,000 square feet. Mr. Raynor: It is missing the square footage. Mr. Coyle: After the upland there should be something as to the heighth from the line of the meadow or upland. Mr. Raynor: The Co~uuty recommendations of 100 foot setback would set the setback. The Board will have to take into considera- tion that Mr. Coyle has asked for the square footage to be indicated on Lot #1. Determination will have to be made as to the SEO~A procedure and it is subject to Suffolk County Planning Commission recommendations. Mr. Coyle: If there is a house on it there must be enough upland. Mr. Raynor: It slopes to the northeast way up. Is there anyone present that has any information in regard to this subdivision that should be brought before the Board. Hearing none, we will declare the hearing closed. 8:00 p.m. Public Hearing on the question of the approval of the minor subdivision of property of Catherine Bitses to be known as "Old Town Park" located at Southold. James Bitses, Esq., appeared for his sister. Mr. Raynor read the legal notice and presented proof of publication. Planning Board -4- May 8, 1979 Mr. Raynor: In the file we have correspondence from the Planning Department of the County of Suffolk. We also have in the file the short Environmental Assessment Form in compliance with the Board's request for the SEORA la. We have a copy of the legal notice, correspondence from the Board along with fee submitted by Mr. Bitses in the amount of $40. We have the application for subdivision along with the copy of restrictive covenants. Going back, under date of March 16th the sketch map was approved subject to a joint 25 foot driveway being placed between lots 2 and 3, the existing driveway being used for lot 4 and lot i having access only from the 50 foot right-of-way. As is the Board's policy we will ask if there is anyone present this evening that would like to speak in opposition to the minor subdivision proposed by Catherine Bitses on Main Bayview Road, Southold. Hearing none is there anyone present that would like to speak in favor. Mr. Bitses: Each lot is more than 40,000 square feet. It is a straight forward subdivision. The land has good drainage and is wooded. For the purpose it will be used I think it will be a good project and add to the Town. Mr. Raynor: The County has left it for local jurisdiction and local determination. The premises fall within 500 feet of Corey Creek so it will have to be considered by the Dept. of Environmental Conservation. Mr. Coyle: Somewhere in the middle you mentioned that the right-of-way should be the access for number I and number 4 has its own access, the center one for two and three and access should be common. There is one other thing. This land at one time was jointly owned by you and your wife? Mr. Bitses: No, it was all owned by me and I conveyed this to my sister. Mr. Coyle: It says 3.769 acres and these are all better than an acre. Mr. Bitses: I believe a full acre is 44,000 square feet. These are bigger than 40,000 square feet each. That's where the 3.769 comes in. Mr. Raynor: Is there anyone present this evening that has some information in regard to this subdivision that should be brought before this Board at this hearing. Hearing none, I will call the hearing closed. A letter is to be written to Mr. Howard Young asking what he intends to do at the present time with the subdivision "Ba.yview Woods". There seems to be a nitrate problem and it may be a wh-~ before it can be resolved. Planning Board -5- May 8, 1979 Mr. Coyle made a motion, seconded by Mr. Gordon and carried to approve the minutes of the regular meetings of March 27 and April 16, 1979. Mr. Raynor announced that there would be a meeting on wastewater management to be held at the Town Hall on May 10, 1979 at 7:30 p.m. This program is jointly sponsored by the Town Board, League of Women Voters, North Fork Environmental Council and North Fork Audubon Society. Mr. Raynor also announced that there would be a meeting at Supt. of Highways Dean's office at 8:30 p.m. May l0 regarding the subdivision map of "Long Pond Estatest Section One". He invited the Board to participate in this meeting. Mr. Raynor announced that there has been a oomplaint about the filling in of swales in the "Fairway Farms" subdivision. Mr. Jack Davis, Planning Board Inspector, has done an inspection for the board and finds this to be true. The Town Attorney has been consulted and written notification will be given to Mr. ~nilip Babcock, President of Fairway Farms, and the eight lot owners involved that this is not in conformity with the covenants and restrictions which are filed in the Suffolk County Clerk's Office. 8:15 p.m. P~blic Hearing on the question of the approval of the minor subdivision of~property of Charles Witherspoon at Southold. Stanley S. Corwin, Esq., appeared for Mr. Witherspoon. Mr. Raynor read the legal notice and presented proof of publication. Mr. Raynor: In the ~file there is a copy of the legal notice, correspondence from the Board to the attorney for the applicant, description of the property involved, receipt of payment of fee, copy of the application, sketch map, deed to the property. I have a letter to the applicant's attorney dated April 5th approving the sketch plan subject to covenants for the property on the westerly side that it will not be further subdivided. As is the procedure of the Board with a public hearing we will ask if there is anyone present this evening that would like to speak in opposition to the subdivision of Charles S. Witherspoon located at Horton's Point, Southold. Hearing none, is there anyone present this evening that would like to speak in favor of this proposed minor subdivision. Mr. Corwin: I will stand on the record of the former meeting. Mr. Raynor: Gentlemen, have you any questions about the sub- division? I don't find in the file a copy of the covenants and restrictions that was requested by the Board for no further Planning Board -6- May 8, 1979 subdivision. The note on the map is for the two lots in question. The resolution says for the westerly side that there will be be further subdivision. Mr. Corwin: You can make it subject to the filing of such an instrument and we will get it to you. Mr. Corwin presented the short Environmental Assessment Form Mr. Raynor: Is there anyone present here this evening that has any information with regard to this subdivision that should become pertinent to this applican't submission tonight. Hearing none, we will declare the public hearing closed. Herbert Wells property. Burr Lewis appeared with Mr. Wells. This property has gone to DEC and is being processed in compliance with the SEQRA law. The Board is in receipt of sketch maps of the minor subdivision. Mr. Wells will be provided with a short EAF to be completed as well as a set of procedures with regard to the filing of a minor subdivision (these were given to him at the meeting). The DEC will be informed that the Southold Town Planning Board wishes lead agency status in this matter. On motion made by Mr. Wall, seconded by Mr. Coyle, it was RESOLVED to forward to the Southold Town Conservation Advisory Council for its comments and recommendations the map of the proposed minor subdivision of property of Herbert W. Wells. Vote of the Board: Ayes; Raynor, Coyle, Gordon, Wall Fontana minor subdivision. George F~iedman appeared for Mr. Fontana. The sketch map presented shows two rights-of-way. The Board wants only one right-of-way to serve the four lots. The road will have to be improved to the specifications of the Planning Board inspector. The lots must be numbered. A short EAF will be sent to Mr. Friedman and a set of procedures. North Fork Equities. Minor subdivision. Robert Gillispie III and Jack Dempsey appeared. 9,000 square foot parcel has been held out. This must be labelled "reserved for future dedication to the Town of Southold". It will be necessary to have an affidavit of ownership for the file as this is a corporation. It is not necessary that the road be built at this time. There has to be a copy of an agreement with the Village of Greenport Water District as to the water supply. There was a question of what happens to the fee title of the reserved piece. Mr. Raynor will explore this with the Town Attorney. They would like to Planning Board -7- May 8, 1979 dedicate it to the town now. A short EAF will be sent to the developers. Greenport Lumber Company. FLr. George Penny IV appeared. This was a referral from the Board of Appeals for site plan approval of commercial property. Mr. Penny has made application to place a chain link fence around his property which will not in any way obstruct vision in coming out onto the Main Road. When Mr. Penny decides to erect a building he will come back before the Planning Board. William Schriever. Mr. Schriever reported that he and the Town have exchanged properties at the sump so the boundary situation under contract has been fulfilled and there is no further connection between the Town and the subdivision as far as that parcel is concerned. Mr. Schriever was concerned about the rounding of the corners. Mr. Raynor read Mr. Dean's letter in which he waived this requirement. The Suffolk County Planning Department's recommendations of rounding the corners is not necessary. In regard to the cul de sac, Mr. Raynor read a letter from the Town Board Highway Committee waiving the requirement of the cul de sac. There will be provided a 78 foot turnaround area. Mr. Schriever was presented with copies of both these letters. Mr. Schriever discussed drainage and said he felt he needed about an acre and a half for a sump and discussed the area where it should be located. Mr. Raynor requested that Mr. Schriever present the Board with a plan in regard to the engineering and design. In answer to a question from Mr. Schriever, if roads are dedicated to the town so is the sump area. Sebastian's Cove~ Section I. George Toumanoff, Richard Lark, Esq., Rudolph Bruer, Esq. and Mr. and Mrs. Christianson appeared before the Board. Mr. Tommanoff is the owner. Mr. Lark is Mr. Toumanoff's attorney, Mr. and Mrs. Christiansen wish to purchase Lot #2 and Mr. Bruer is their attorney. Mr. Toumanoff wanted to discuss the construction of the road to the east to the property of Krupski. Mr. Raynor told him the resolution of the Board was to have the road constructed. The last set up maps indicate that the area will be reserved. Mr. Toumanoff said that he hadn't understood that the Board wanted the road constructed. He said the survey shows the gradient to be ll% and he submits the road is not practical. Mr. Raynor mentioned the recommendations and comments of the Planning Board inspector. A copy will be sent to Mr. Toumanoff. Mr. Toumanoff said the survey is a true survey. Mr. Raynor said the Supt. of Highways wants to meet with the survey~and the Planning Board inspector, Mr. Toumanoff regarding these roads. Mr. Toumanoff wanted to go on record that to build a road going nowhere rather than recognize future planning, he can't understand the practicality. Planning Board -8- May 8, 1979 Mr. Raynor said his discussion with Mr. Dean, Supt. of Highways, gave him the understanding that Mr. Dean was not of the persuasion that the road should be built to the west. The recommendations of the Suffolk County Plar~ing Dept. is that the applicant should make his intentions known as to Section 2. Mr. Toumanoff said he is on record that it is not his intent to subdivide Section 2 because it is too small. The intent with Section 2 is assuming he can get permission to extend the dredging in there to make it into a multiple residence section carrying whatever the ordinance permits, about ten or twelve seasonal units to be utilized only in the s~mmer in conjunction with a boat slip. Therefore, it would never be subdivided or pass out of ownership. It would be leased or rented. Mr. Raynor remarked that there must be provision for ingress and egress as there will be about six times the density in Section 2 as in Section 1. Mr. Raynor suggested that he design a road system for Section 2. Mr. Toumanoff said it is uncertain because to make it practical he has to have permission to dredge and in any event it would be a private drive for a single property. It will not be a road but a driveway arrangement. Mr. Raynor said it may be required to be constructed as a highway. Mr. Toumanoff objected to this for ten summer cottages. Mr. Richard Lark announced that he is representing Mr. Toumanoff. Mr. Raynor stated that on field inspection and the County has also mentioned it that at the intersection of Mill Road and Sebastian's Road, something has to be done about grading off the intersection because you can't see 50 feet to the east. Mr. Toumanoff said he can't change Mill Road to which Mr. Raynor said something can be done with lots i and ll. Mr. Toumanoff said the bank is steep there and Mill Road takes a turn there and terrain is terrain and there has to be a practical suggestion. Mr. Raynor said the County has a line of sight suggestion which is 60 feet from the center line in each direction. A suggestion is to improve both sides of the intersection and remove shrubs and grade. Mr. Toumanoff stated that he would be willing to give the Board a declaration of intent as to the Sections 2 and 3. He may go for Light Industry on Section 3 for a marina type develop- ment. He said he has been told that Sebastian's Gutter and all of this would benefit substantially if a cut were made and there was flushing action. It would be a private club marina in which people would own shares and there would not be transient traffic. Mr. Toumanoff asked permission to enter into a contract of sale for lot #2 from Mr. and Mrs. Christianson. Mr. Bruer is representing Mr. and Mrs. Christianson. The house has suffered vandalism damage. There is au existing driveway which can be kept for access at the present time. Mr. Raynor said the Board has done this in the past but the criteria has been that the lot is on an existing road. Mr. Rayuor will consult the Town Attorney and requested that Mr. Bruer send him a letter stating the intention of the Christiansons. Planning Board -9- May 8, 1979 Mr. Toumanoff stated that if it is not released he will convey it as a casual sale. Mr. Toumanoff asked that he not be required to have a 60 foot right-of-way for the swale drainage but asked that he be allowed to take a ten foot drainage easement off the properties on the east side of the road. If the right-of-way is widened to 60 feet the houses will be set back an additional l0 feet. A meeting will be set up at Mr. Dean's convenience at the site. On motion made by Mr. Coyle, seconded by Mr. Wall, it was RESOLVED to grant approval to the sketch map of the subdivision of the Frank Case Estate. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall On motion made by Mr. Wall, seconded by Mr. Gordon, it was RESOLVED to grant approval to the site plan for a chain link fence to Greenport Lumber Company. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall The next meeting will be held at 2 p.m. on May 21, 1979. Mr. Tasker, Town Attorney, will be asked to attend the meeting at 3 o'clock. There being no further business to come before the Board, Mr. Coyle made a motion, seconded by Mr. Gordon and carried to adjourn the meeting. Meeting adjourned at 10:50 p.m. Respectfully submitted, Muriel Brush, ~Secretary Henry~. Raynor, J~., Cha~an