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HomeMy WebLinkAboutPB-12/18/1978T( JOHN ~CKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr, FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 TELEPHONE 765- 1938 held Main A regular meeting of the Southold Town Planning Board was on Monday, December 18, 1978 at 7:30 p.m. at the Town Hall, Road, Southold, New York. Present were: Chairman John Wickham Vice-Chairman Henry E. Raynor, Jr. Member Frank S. Coyle Member Frederick E. Gordon Frank & Millicent Gossner, League of Women Voters Lawrence M. Tuthill, Town Engineer Douglas Love, L. I. Traveler-Watchman DickCurtis, Suffolk Times 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of property of Martha and Lawrence Stojan. Mr. Stojan and Laurie Dowd appeared. Mr. Raynor read the legal notice of hearing and presented proofs of publication from the Suffolk Times and the L. I. Traveler- Watchman. It was noted that there was a discrency in either the legal description or the map of .04 feet on a Main Road measure- ment. Mr. Wickham: I want to say to any of you that might not be familiar with this, it is property on the north side of the Main Road in Cutchogue immediately opposite Skunk Lane or Bay Avenue, as you prefer. It is the first subdivision in conjuuction with which the development rights have been sold for agricultural purposes so it is of special interest to us. I have here a communication from the Suffolk County Department of Planning and they are not acting upon this because they do not have road profiles and being as there is no road and there is no grading and no drainage plan. It is necessary that we get in touch with the Suffolk County Planning Commission because this property is on a state highway. Again, there being no highways required, there is not required a clearance from the Highway Superintendent. This has been before our board for some months and has been discussed at some length and the Planning Board is in entire Planning Board -2- December 18, 1978 agreement with what Mr. and Mrs. Stojan wish to do. Each one of the lots meets all requirements for a minor or major subdivision. There are only four lots and they all front on New York State Route 25. At this time I will ask if there is anyone that wishes to be heard in opposition to this subdivision. Hearing none, I will ask if anyone is in favor of it. Laurie Dowd: I am with the office of George Stankevich and I am representing Mr. Stojan. You have seen it before. We are here if you have any further questions but feel we have done all that should be done. Mr. Wickham: The Planning Board approves of this concept of not necessarily developing the highway front of a farm but dividing it for heirs or other interests but preserving the major portion of the farm for agricultural use. This is what has been done here and the Planning Board favors this treatment. Does the board have any questions or comments? Then, I will declare the hearing closed. Determination will be made at a later date. On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to authorize the payment of $55.00 annual dues for membership in the New York Planning Federation. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion made by Mr. Wickham, seconded by Mr. Gordon, it was RESOLVED to grant final approval to the map of the minor subdivision known as "Indian Woods" owned by Rene Gendron, and authorize the chairman to sign the map. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to authorize the chairman to sign the map of the subdivision to be known as "Sea-Aire Estates" owned by Col. Ted Dowd, upon receipt of notice from the Town Clerk that the Town Board has accepted the bond. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Letter from John R. McNulty representing the Laurel Common · ' was acknowledged. The Planning Board appreciates the fact that Mr. McNulty brought this to the attention of the Board and approves the purchase. There is no formal action required by the Board. Planning Board -3- December 18, 1978 Mr. Raynor made a report on his inspection of the Thornten Smith property in Mattituck. It comprises approximately 80 acres and the applicant has requested a subdivision and presented two proposals. The Board reviewed both proposals and made recommendations. The Board is now waiting for Mr. Smith to come back with a consolidation of suggestions made at the last meeting. Mr. Gordon made a report on the sketch map of Regens International property located on Gull Pond Lane in Greenport. Of the 12 or 13 lots, Mr. Gordon finds about five are classified as buildable. The other lots are filled land that came from spoil that came from when they dredged the creek. He is not sure a building permit 'could be obtained on this area. The park and recreation area is very low land. A letter to this effect is to be sent to William B. Smith, represent of the applicant. The applicant should be requested to show the elevations contour lines utilizing two foot intervals where there is a question as to the topography and elevations of the property. 8:00 p.m. Public Hearing on the question of the approval of the final map of the subdivision to be known as "Horton Farm Estates" located at Eugene's Road, Cutchogue, owned by Richard E. Yomug and others. Howard Young and Richard E. Young appeared. ~. Radnor read the notice of hearing and presented proofs of publication in the Suffolk Times and L. I. Travmler-Watchman. Mr. Wickham: For your additional information, this 22.47 acres are divided into nineteen lots. This subdivision has been before the Planning Board for a long while. Looking back towards the first of the file, we find a letter from the Superintendent of Highways on this subdivision dated March 17, 1972 so it has been six and a half, almost seven years. We have a communication from the Suffolk County Department of Planning. Dear Mr. Wickham: Pursuant to the requirements of Section 1333, Article XIII of the Suffolk County Charter, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination; however, this shall not be construed that the Commission has either approved or disapproved this particular plat. /s/ Charles G. Lind, Chief Planner Mr. Wickham: Under date of October 30, 1978 the Planning Board gave final approval of the preliminary map dated February 3, 1978. Under date of October 27, 1978 I have a communication from the Town Highway Superintendent. Planning Board -4- December 18, 1978 Gentlemen: If the recommendations of the Town Engineer of September 19, 1978 have been met, I approve of this subdivision. /s/ Raymond C. Dean Superintendent of Highways The following is the engineer's memorandum of September 19, 1978 that is referred to. Recommend approval of this subdivision as they have met the final requirement of enlarging the recharge basin and Mr. Henry Raynor's request of letter stating that the excess fill from the recharge basin be placed in the low area on other side of the road. The following are the comments from the engineer dated December l, 1977. 1. The volume of the recharge basin is sufficient if the elevation of the bottom of the recharge basin is raised to elevation 3.0' and the elevation is 7.0'. 2. It is noted that some large areas below the flood plain level. Recommendations 1. That the catch basins be placed on each side of the road of Horton Farm Lane at Station 1-00 to decrease the amount of runoff onto Eugene Road, and that there be at least two catch basins on each side of the road in the area of the recharge basin as a safety against the probability of one of the drains becoming clogged. 2. That provisions be made to drain the lots on the east side of Morton Farm Lane near the entrance. These, of course, have all been met. For your additional information, the problem is that this is a very low area and some of it is subject to flooding at extreme hurricane tides and we have all been concerned that no storm runoff water be allowed to enter the town highways so we have gone to very considerable extent to see that it doesn't happen. Going back to May 12, 1977, I have a communication from the Suffolk County Department of Planning. Dear Mr. Wickham: In accordance with your request, the staff has examined the proposed subdivision layout for a 22.47 acre tract reputedly owned by Richard Young, et al and offer the following comment on the map for your use. Planning Board -5- December 18, 1978 Is is the opinion of the staff that the layout for the subdivision of the tract will be satisfactory provided that no storm water rtuaoff will enter the drainage chamaels on the property to the west. According to our information (see enclosed topo map) these channels eventually flow into East Creek. Staff comments on a preliminary map do not constitute a review of the map by the Suffolk County Planning Commission. When the map has been finalized it should be referred to the Commission for review pursuant to Section 1333 of the Suffolk County Charter. /s/ Charles G. Lind Subdivision Review Section I have a receipt for the filing fee. Notification to Mr. Young that the following action was taken by the Planning Board at a regular meeting held February 7, 1977. RESOLVED to grant sketch plan approval to the map of Horton Farm Estates dated November 18, 1976, as presented by Richard Young, et al. There is a general approval by the Superintendent of Highways. I don't see the check list that I usually have. I don't have the disclosure. It says Richard Young et al. Are you prepared to explain now. Mr. Young: I am 50% owner with another person, Mrs. Mildred Bianco. Mr. Wickham: We need to know if she has any connection with town, county and state government in any way. We will enter it in the minutes now but we want a statement. Mr. Young: I will have my attorney send it. Mr. Wickham: The file seems to be complete. We will have to check through again with the checklist to make sure we have not passed any dates. I will ask now for anyone that wishes to speak in opposition to this subdivision on the northeast side of Eugene's Road. Hearing none, I will ask for anyone that wishes to speak in favor of it. Mr. Young: I don't think there six years of talking about it. will be glad to answer them. is much left to be said after If anyone has any questions I Mr. Wickham: We will have to go over the checklist. If there is no one else wishing to speak, I will declare the hearing closed. Planning Board -6- December 18, 1978 Vineyard Estates. Howard Young. Mr. Wickham spoke with Mr. Hargrave who likes the layout because it gives him protection but he can see Mr. Raynor's point of view. Mr. Raynor thinks there should be a road by the tracks among other things. A spur is needed for the 1200 foot block separation. Mr. Young said he had prepared a cluster and showed it to the board. He hasn't discussed this with Mr. Beebe. He will confer with Mr. Beebe and get back to the board. 8:30 p.m. Public Hearingon the question of the approval of the minor subdivisions of C. Edmonds Allen and Peter Kreh~ Jr. Mr. Allen and Mr. Kreh attended the hearing. Mr. Raynor read the legal notice and proof of publication in the Suffolk Times and the L. I. Traveler-Watchman. Mr. Wickham: I want to point out again that these are, in fact, two separate minor subdivisions. They are owned by two different men and they are put together in this arrangement with all this involved legal description at the special request of the Suffolk County Plauning Commission and this is the first, only and the last time, I hope, that we do this. Again, it has been approved by our attorney and so forth. This goes back to 1976. (Mr. Wickham went over %he checklist) There are no highways involved so there is no letter required from the Town S~perintendent of Highways. As I have said, we do have information from the Planning Commission of the County of Suffolk. Also we have asked the Soil and Water Conservation District of the U. S. Department of Agriculture at Riverhead, New York, to make a soil determination and recommendation. We have their report which says among other things that this is an old marsh that has been filled in. The point is, at this time, it was filled by the County dredge some time ago. The elevations are, in general, above what we consider a flood plain elevation. Bear in mind these are minor subdivisions, each one no more than four lots. They are lots of 40 to 60,000 square feet and as a result we have required and have in the file covenants that they will not be again subdivided. The files are complete. At this time I will ask for anyone that wishes to be heard in opposition to these two '~subdivisions in Mattituck on Peconic Bay and James Creek. Hearing none, I will ask if there is anyone that wishes to be heard in favor of these subdivisions. Mr. Allen: It was formerly the land of C. E. Allen. It is now Folly Beach, Ltd. Mr. Wickham: If there is no one else that wishes to be heard on this matter, I will call on the board for any additional comments. We have spent a lot of time on this. If there is nothing else, I will declare the hearing closed. Planning Board -7- December 18, 1978 0ysterponds Village. Charles Cuddy appeared. The Board reviewed the amended maps dated November 27, 1978. The 2.7 acres on Tabor Road has been changed to A Residential and included in the cluster. Mr. Schriever has gone into contract with the towu for the town recharge basin. It will probably result in a deed within the next two weeks. The recharge basin is already in. Under date of September llth they have approval of a cluster subdivision from the County. The litigation has been terminated. If the Board needs any f~rther documents they will be glad to supply them. Mr. Raynor asked Mr. Cuddy several questions regarding the lengthy letter Mr. Schriev~r presented. There was some question about the road coming out onto Village Lane. Mr. Cuddy thought that had been resolved and felt if there was still opposition it will come out at the public hearing. Southold Commons. Wilbur Klatsky and Henry Zuckerman appeared. As there were approximately fifty people in the audience who were attending out of interest in this project, Mr. Wickham explained to them that this was not a public hearing. At the end of the meeting of Mr. Zuckerman and Mr. Klatsky with the Planning Board, Mr. Wickham said he would be glad to answer any questions the people might have. Mr. Klatsky agreed that the press could have a copy of the site plan as long as it was understood that this was preliminary only. They have presented a traffic study which indicates there will be no change in the efficiency of the existing road system which would accommodate the project. They have lengthened and widened the entrance on the revised plan. Mr. Wi~kham said he was not inclined to accept variances as they have to be subject to approval of the Planning Board. There was quite a bit of discussion about the fact that Mr. Ahlers and Dr. Hellman had received a variance from the Board of Appeals back in 1973 (#1799). This matter will be taken up with the Town Attorney for clarification. Mr. Wickham said he is not happy with the circulation. Even though there is emergency access there is not circulation. The requirement for density is that they will have public water and public sewer. If they do enter into a contract with the Suffolk County Sewer Authority, Mr. Wickham says, they will be reducing the yield. The retention area reduces the area and the yield. The number of units will have to be settled with the Town Attorney. Mr. Klatsky asked for specifics on circulation. There was also considerable discussion regarding the front yard requirement. They indicated Mr. Fisher said there was a minimum of 50 feet where Mr. Hindermann said any amount was the front yard. The gentlemen were only considering that the 50 feet itself was front yard. This will also have to be discussed with the Town Attorney. Mr. Wickham said the Planning Board will require a contract or agreement with the County before it will accept the site plan. He also said the sewage treatment plant must be in operation when the first unit is occupied because there are promises made and not kept. Mr. Klatsky said they Planning Board -8- December 18, 1978 will not come in for occupancy until the plant is in operation. He said temporary hookups are a thing of the past. Mr. Wickham suggested a one-way 20 foot lop around the whole project for circulation. Mr. Raynor requested that a representative of the Building Department attend the next meeting. Mr. Klatsky requested a quick expeditious review. Fir. wickham said this will have to go for a public hearing before it is through. The representatives were directed to get in touch with the secretary as to the outcome of the meeting with the Town Attorney and the Building Inspector. At this time Mr. Wickham opened the meeting to the people present and asked if they had any questions on this matter. There were no site comments but comments basically against low income housing in this area. Southold Savings Bank. Richard Lark, Esq., and Raymond Terry appeared. There was no action taken because the revision in the site plan has not been presented to the Planning Board by the Building Inspector's office. Raymond Terry. Richard Lark, Esq. appeared with Mr. Terry regarding a possible change of zone request on property on the northeast corner of Jockey Creek Road and Main Road. He is contemplating a change from Residential to Light Business. The Board suggested he go to the Board of Appeals for a use variance. Woodbine Manor. Richard Lark, representing adjacent property owners, said there is a problem at this subdivision. One of the problems is where the town dug out for the recharge basin and left mounds of dirt in the area. Also, Mr. Ihar has started some road clearing and left the soil without a cover crop to keep it from blowing. A letter will be written to Mr. Ihar suggesting he get in touch with the Soil and Water Conservation District. When top soil is removed from property it is necessary to receive a per~it from the To~ Board under the Soil Removal section of the ordinance. The Planning Board will request an inspection by Mr. Davis, the Board's inspector. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to set 7:30 p.m., Tuesday, January 9, 1979 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the map of the minor subdivision of property to be conveyed to the Rev. William J. Hilliard. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Planning Board -9- December 18, 1978 On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to set 8:00 p.m., Tuesday, January 9, 1979 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the preliminary map of the subdivision to be known as "Bayview Woods Corporation". Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to set 8:30 p.m., Tuesday, January 9, 1979 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearingon the preliminary map of the subdivision to be known as "Sebastian's Cove". Vote of the Board: Ayes: Wickham, Coyle, Raynor, Gordon On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to set 9:00 p.m., Tuesday, January 9, 1979 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the preliminary map of the subdivision to be known as "0ysterponds Village". Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Mr. Wickham made a motion, seconded by Mr. Gordon and carried that a bond amount be set for the incompleted work at Orient-by- the-Sea~ Section II and such amount be recommended to the Town Board. On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to approve the map of the minor subdivision of Folly Beach Limited and Peter F. Kreh, Jr. subject to covenants and restrictions being filed in the Suffolk County Clerk's Office as to no further subdivision of the property. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion ~made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to approve the site plan of Southold Savings B~mk subject to receipt of the revision of planting schedule sheet of the site plan showing two curb cuts on Youngs Avenue. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Planning Board. -10- December 18, 1978 Laurelwood Estates~ Section I. The Planning Board requests that the Inspector, Jack Davis, make an inspection of this subdivision regarding the drainage therein. Mr. Gordon made a motion, seconded by Mr. Raynor and carried to approve the minutes of the regular meeting of November 27, 1978, with a change on page 2 to indicate total rainfall in Nassau Point to be 40 inches rather than 4 to 6 inches. T~ere 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 10:55 p.m. Respectfully submitted, Muriel Brush, ~ecretary ~QTm Wickham, Chairman