Loading...
HomeMy WebLinkAboutPB-12/01/1975Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle MINUTES December l, 1975 A regular meeting of the Southold Town Planning Board was held December l, 1975 at 7:30 p.m. at the Town Clerk's Office, Main Road, Southold, New York. Present were Chairman John Wickham, Vice-Chairman Henry Moisa, Henry Raynor and Frank Coyle. Absent was Alfred Grebe due to inclement weather. Also present was Pete Campbell representing the Suffolk Weekly Times. Babcock & Rimmler. The following letter was read by the Chairman. Dear Sirs: With respect to the above sketch plan, I have been asked to give the Planning Board an opinion with respect to the Town's obligation concerning the roads and drainage within the proposed subdivision. With respect to the improvement of Harper Road, since this is an unimproved town highway, it is my opinion that the Planning Board as a condition to the approval of a subdiVi- sion map cannot require the developer to suitably (improve) this highway. Enclosed herewith is a copy of an Opinion of the State Comptroller (21 Opinion State Comptroller 73 (1965) in which the Comptroller in a case similar to the case in question was of the opinion that the developer cannot be compelled to make the improvement. With respect to drainage, it is my opinion that the Planning Board may require the developer to install drainage facilities to alleviate drainage problems arising within the subdivision. I do not believe that the Planning Board can compel the developer to install drainage facilities to rectify a drainage condition caused by a condition outside of the subdivision. /s/ Robert W. Tasker Town Attorney Planning Board -2- December 1, 1975 It was the consensus of the Planning Board that Larry Tuthill, the town engineer, be consulted to determine if two more leaching pools would be required or if two would be enough with extra rings. Mr. Raynor reported that he had consulted with the Town Attorney, Mr. Robert Tasker, with regard to changing the cumulative zoning to non-cumulative. It was the consensus of the Planning Board that "A" Residential and Agricultural District, "M" Light Multiple-Residence District and "M-l" General Multiple-Residence District be excluded from all lower districts. The Town Attorney suggested that the Planning Board meet with the Town Board on this matter. South Harbor Terrace. Mr. Raynor reported on the deplorable condition of the roads in this subdivision. The status of the bond if there was one is to be checked out to see what, if anything, is being done. Quail Run Estates. Ben Mendozza appeared. Mr. Mendozza said he had complied with the recommendations of Lawrence Tuthill, P. E. with the exception of the location of the recharge basin which Mr. Tuthill had recommended be relocated to the south of the property. He contends because of the elevations that putting a fence up there, the water passing through would undermine it. He produced a letter from the Captain Kidd Water Company dated June 4, 1975 that as of that date this subdivision can be service with water. Mr. Mendozza was requested to send a copy of that letter to the Planning Board. The water mains are six inches. Mr. Mendozza will have to submit his application in duplicate, filing fee. He presented maps of the property. Rath Lodge. Upon question of the secretary as to the description being at odds with the subdivision map, Mr. Wickham stated that the description in the legal notice has to agree with the map. Planning Board -3- December l, 1975 Robins Island. Mr. Raynor reported that Mr. Jack Driscoll had extended au invitation to any members of the Planning Board who would so desire to visit Robins Island this week. Mr. Raynor, Mr. Coyle and Mrs. Brush will visit probably on Wednesday morning if this is convenient to Mr. Driscoll. Fronimakis. On motion made by Mr. Moisa, seconded by Mr. Raynor and carried, it was RESOLVED to approve the sketch map of the minor sub- division of property of Michael Fronimakis and others located at Southold, New York dated November 5, 1975, subject to the approval of the Board of Appeals on the undersized lot. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle. Luglio. The following letter under date of November 26, 1975 to the Planning Board was read. Gentlemen: In accordance with our understanding at the last meeting of the Planning Board which we attended, I have been in communication with Richard Cron, Esq., the attorney for Dalchet Corporation. We have been unable to reach an agreement for the acquisition of the right-of-way on the eastern end of the proposed map. We would like to proceed at this time as though we were unable to obtain that right-of-way. As you will recall, we re-arranged the layout of the streets and the lots to conform to your request so that a street does abut the proposed right-of-way or road. In the event Mr. Orlowski proposes further subdivision in the future, it would be possible to tie in his road with ours. If you need anything further on this matter, please advise. /s/ Albert J. Luglio Mr. Wickham directed that the following information be sent to Mr. Luglio. It is the understanding of the Planning Planning Board -4- )ecember l, 1975 Board that this highway connection can be arranged contrary to the statement contained in Mr. Luglio's letter. If Mr. Luglio does not care to pursue this further with the owner of this property, the Planning Board feels that they are entitled to know the negotiations that have taken place to date. Petersen Marina. Mr. Howard Terry, Building Inspector, made the following comments on a map of this proposed marina that it would require site plan approval by the Planning Board, exception from the Board of Appeals, approval of the Board of Town Trustees and a wetlands permit. Mr. Larry Tuthill, P. E. indicated that there is a federal channel going through here and it should be shown on the map. Mr. Raynor commented that where there is a marine facility with a gas barge located in the channel, it would pose a dangerous hazard to the navigation of fishing and pleasure vessels that presently utilize that channel. The Planning Board will have to know if the owner has access over commercially zoned property. We have to know the limits of the property, whether or not the owner has a deed to the center line of the channel. Mr. Petersen will be given an appointment for the meeting of January 5 to discuss this matter with the Planning Board. Vardy. Rudy Bruer, Esq. appeared. Mr. Bruer presented a copy of the map showing a house located in the buildable area, said house meets the require- ments for setbacks, etc. Mr. Sherwood of Van Tuyl had told Mr. Bruer that he thought it would comply with the Health Department water and sewage requirements. A covenant will be required that Lot #3 will not be further subdivided. Mr. Bruer left six copies of the map. Schriever cluster. appeared. Charles Cuddy, Esq. and William Schriever Mr. Cuddy presented a map that was presented to the Town Board for their approval for a cluster subdivision. Every- thing inside the black line is part of the cluster develop- ment. They will be cut down to eight lots because they will probably need a sump. A cul-de-sac was shown and also the proposed road going out to Village Lane. They would like to make it a one-way road with ingress only on Village Lane. Mr. Cuddy felt that basically the Town Board thought this was an acceptable idea. The other pieces would not be included in the cluster development. The Planning Board was Planning Board -5- 3ecember 1, 1975 requested to make a determination as to the road going through or ending in a cul-de-sac and the acceptability of the cluster concept as outlined. Mr. Schriever said the cluster does not include Lot #10. Mr. Cuddy said that Mr. Tasker had indicated that a rehearing was necessary. The following letter under date of November 20, 1975 from the Town Clerk was read. Gentlemen: A resolution was adopted by the Southold Town Board at a regular meeting held on November 18, 1975 authorizing the Southold Town Planning Board simultaneously with the approval of "0ysterponds Village", Orient, to modify the applicable provisions of Chapter 100 of the Southold Town Code with the following conditions: 1. That said modification shall be subject to and in full compliance with the provisions of Section 281 of the Town Law. 2. That such modification shall comply in all respects with the provisions of Section 100-136 of Chapter 100 of the code of the Town of Southold. 3. That the land affected by such modification is described on the attached sheet. /s/ Judith T.~Boken Mr. Schriever indicated that the attached description went along with the black lines on the map. Mr. Cuddy said he thought the Town Board was of a mind that it is not bad for the road to come out if there is only ingress andnot egress. Mr. Cuddy said covenants would be drawn up to not further subdivide and that the property marked with letters cannot be sold to any other than the adjacent property owners. Mr. Schriever said he had talked to all the property owners and all but Soito and the Methodist Parsonage were agreeable to buy the pieces adjacent to them. Mr. Wickham asked if the developer was willing to covenant that all the property outside the black line and still within the property lines will never be sold except to the adjacent property owners with the exception of the three designated lots that two of which are over 20,000 square feet and one is over 17,000 square feet. This takes in all the lettered lots. Mr. Cuddy answered in the affirmative. Mr. Wickham suggested that the cul-de-sac be pulled back as it would still be possible to get eight lots. The Planning Board has gone on record as opposing a through road. Mr. Cuddy agreed it could be done but both Mr. Schriever and Dr. Moor-Jankowski would be urdaappy because they would like Planning Board -6- December l, 1975 it to go the other way. An easement would be required to get things in anyway. Mr. Wickham said that sometimes the Planning Board has a developer make reservation for possible dedication to the Town of Southold and in that way a cul-de-sac would not be required. Mr. Cuddy said they would like to know that this plan in general is an acceptable plan so they can go to the Board of Appeals to get the three additional lots. Mr. Raynor asked if the two gentlemen still felt that this particular parcel being the size it is would be advantageous to cluster. It struck him as being well below the criteria. Mr. Cuddy said that legally there is no particular number that somebody says you have to have. The Planning manuals say a fairly large area. He was not sure that this particular area could be developed much other than the way it has been done. It lends itself to this type of development. He feels the idea of clustering is to reserve some space. Mr. Raynor feels that every parcel that is being excluded from the black lines has a negative factor on the cluster. Mr. Coyle asked if it would remain a private road or become a public road. Mr. Schriever said he was planning on it being a public road. Mr. Raynor asked why Mr. Schriever had gone out of the sub- division for proposed water use. Mr. Cuddy said that the Health Department had said that one of the benefits was that if somebody had a problem with their well, they could go back into this area. Mr. Wickham said he was going to talk with the Town Board because he doesn't like the way the lines are drawn. Mr. Raynor asked what their position was as far as litigation with the town is concerned. Mr. Cuddy said the date was several weeks ago. It was adjourned by stipulation to December 17th so they could have some time to come back and talk to the Planning Board. The Town Board indicated they were going to approve this concept and they did approve. It was to give time and make sure from their point that the Town Board would take some action. They intend to adjourn it approximately sixteen more days contemplating preliminary approval. They still have to go back to DEC. If they, for some reason, think the whole thing isn't any good, Mr. Cuddy doesn't know what they will do. Mr. Wickham said he wanted the minutes to show that if the Planning Board rescinds their action, then the Planning Board would not be held by the time limitation of the original. He asked if it was agreeable that the Planning Board have an extension of time to have a rehearing. Mr. Cuddy agreed that they were willing. Mr. Wickham requested the agreement in writing and Mr. Cuddy said he would be glad to put it in writing. He said no matter what is done it is no one's Plauning Board -7- sember 1, 1975 prejudice. If it is rescinded it is not to the Planning Board's detriment or the developer's benefit. Mr. Cuddy left one copy of the map. Sleepy Hollow. On motion made by Mr. Coyle, seconded by Mr. Wickham, it was RESOLVED to give final approval to the map of the subdivision known as "Sleepy Hollow" owned by Leo Kwasneski located at Southold, New York. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor. Mr. Wickham signed the map. Motion was made by Mr. Raynor, seconded by Mr. Moisa and carried to approve the minutes of the meeting of November 17, 1975, as amended. Increasing the filing fees for subdivisions was discussed and it was decided to check with the Town Attorney as to where it should be placed. The fees should be specified but should not be less than the cost of publica- tion. Schriever. It was the consensus of the Planning Board that the Board take action on this subdivision subject to the recommendations of the Town Attorney. Motion was made by Mr. Coyle, seconded by Mr. Raynor and carried that the meetin~ be adjourned. Meeting was adjourned at lO:15 p.m. The next meeting will be held on December 16, 1975. Respectfully submitted, Muriel Brus,~Secretary