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HomeMy WebLinkAboutPB-06/05/1978P LD S ~ JOHN WICKHAM, Chaffman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 TELEPHONE 765 - 1938 A regular meeting of the Southold Town Planning Board was held on Monday, June 5, 1978 at 7:30 p.m. at the Town Hall, Main Road, Southold, New York. Present were: Chairman John Wickham Vice-Chairman Henry E. Raynor, Jr. Member Frederick E. Gordon Member James Wall Franklin Bear, North Fork Environmental Council Arthur & Millicent Gossner, League of Women Voters Peter Campbell, Suffolk Times Doug Love, L. I. Traveler-Watchman Edward Bage, Town Engineer George Fisher, Sr. Building Inspector (8:00 p.m.) Victor Trunce, Planning student Absent was: Member Frank S. Coyle (illness) Mr. Wickham requested that Mr. Raynor chair the meeting. 7:30 p.m. Public Hearing on the question of the approval of the final map of the subdivision known as "Southold Gardens" owned by Babcock and Rimmler located at Southold, New York. Gary Flanner Olsen, Esq., and Howard Young appeared. Mr. Raynor read the legal notice of hearing and presented proof of publication from the L. I. Traveler-Watchman. Mr. Raynor went over the checklist and reviewed the file. Mr. Raynor: As is the procedure of this board, if there is anyone that would like to speak in opposition to this subdivision, the hearing is opened. Hearing none, is there anyone that would like to speak in favor of this subdivision. Mr. Olsen: I am the attorney for the applicants. As the board is aware, this matter has been before the board some period of time and I think the final product does everything you would like it to do. It is a cluster of 12.5 acres. I think it is a good use of this particular parcel of property. We have the engineer here tonight if you have any questions we can answer for you. No lot is under 20,000 square feet and one is 29,000 square feet. Mr. Wickham: Without reviewing the file, do we have a commitment about the open space? Mr. Olsen: That it will never be further subdivided? Mr. Raynor: Are you going to have a reversion of the open space to the property owners' association? Mr. Olsen: The home owners will have that. Actually, I didn't prepare the restrictions. They were prepared by Bill Wickham. Millicent Gossner: Does the home owners take care of the open space? Mr. Olsen: It is all provided for in the restrictions. It is pretty detailed and basically, I think, the restrictions are along the same lines to keep it as nice as possible. Mr. Raynor: Is there anyone else that would like to speak in favor of this subdivision, "Southold Gardens"? Is there anyone present this evening that has any information in regard to this subdivision that should be brought to this board at this time? Howard Young: In the last correspondence, I believe there are going to have to be some amendments to the preliminary map. Mr. Olsen: You want two leaching pools shown on the preliminary maps. Mr. Raynor: Along with the valley gutter. Mr. Young: The two leaching pools are in the low area. Mr. Gordon: Yes, so they can't go out onto Wells Road. Mr. Young: Mr. Philip Babcock asked me if the board would rather have another sand drain rather than the leaching pools. Mr. Olsen: Dick Babcock did say Phil could help if there was some problem. Mr. Raynor: Is there any member of the board that has anything else. We will hold this until we get the submission for sand drainage on Hill Road West to be equal to or in excess of the capacity of ~he two leaching pools established as the board's criteria for storm water runoff. If there is nothing else, I will declare this hearing closed. Robert and Karen Kowalski - referral from the Board of Appeals. Mr. and Mrs. Kowalski appeared regarding dividing a piece of property into three lots with 358 feet of road frontage. A letter was read from the chairman of the Board of Appeals asking -3- if the planning board has any suggestions which might differ from the applicant. Mr. Kowalski is the grandson of Stefania Zazecki, the owner of the property. This matter will be discussed later on in the evening and the Kowalskis will be apprised of the outcome. 8:00 p.m. Public Hearing on the question of the approval of the preliminary map of the subdivision know~ as "Richmond Shores at Peconic" owned by Robert C~mmins. Richard Lark, Esq., Robert C~mmins and Howard Young appeared. Mr. Raynor read the legal notice of hearing and presented proof of publication from the L. I. Traveler-Watchman. The following letter under date of May 15, 1978 from the Suffolk County Department of Planning was read: Dear Mr. Wickham: In accordance with your request t~e staff has examined the proposed subdivision layout for a 27.2- acre tract reputedly owned by Robert E. C~mmins and offer the following eomments on the map for your use. The proposed subdivision relative to Main Road and Richmond Creek appears to be satisfactory. However, to insure that no vehicular access to Main Road is created the final map should bear a note stating that vehicular access to Main Road from and through the open space is prohibited. When the final map is referred to the Commission information should be provided to indicate how the "open space" areas will be controlled and mmintained. You may want to consider requiring the subdivider to plant some trees within the "open space" areas to enhance the aesthetic aspects of the subdivision. Overall, the layout of the subdivision is considered to be excellent. The open space areas are linked and, therefore, well coordinated. The road layout will provide a degree of privacy from through traffic movement. A Suffolk County Control Monument is located in the vicinity of Indian Neck Lane and Spring Lane. This monument is one of many in the County that have been established at great expense to form the framework for the County Tax Map and Road Record. The subdivider and his agents should be informed that they must take all necessary steps to insure that the monument is not destroyed or disturbed for any reason. If it is destroyed or disturbed for any reason it will require that the County outlay a considerable sum of money to replace or correct it. Any information regarding this monument may be obtained from : Mr. Frank H. Bayles, Jr., L. S., Map and Coordinate Supervisor, Suffolk County Department of Public Works, Yaphank, N. Y. (516-924-4300, Ext. 373). -4- 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. Very truly yours, /s/ Charles G. Lind, Chief Planner Subdivision Review Section The following is the report of Lawrence M. Tuthill, Town Engineer: Recommendations 1. That the spacing of manholes be not more than 200 feet. Comments 1. That access be provided across the state drainage easement. 2. That provisions be made for mooring of boats on Richmond Creek. Mr. Raynor: As is the policy of this board, is there anyone present this evening that would like to speak in opposition to the subdivision known as "Richmond Shores at Peconic"? Hearing none, is there anyone present this evening that would like to speak in favor of this subdivision? Richard Lark, Esq.: I am appearing on behalf of the applicant, Mr. C,~mmins. I would like to have the record reflect that the Town Board did give approval to this site for the cluster realty subdivision treatment. It has also received sketch plan approval of the Planning Board and approval of the Suffolk County Cluster Review Committee. In regard to the letter that you read from the town engineer dated May 15th, the map dated May 25th incorporates the changes on the manholes being not more than 200 feet and the access being provided for pedestrian traffic across the state drainage easement. I believe the map you have so indicates. I think everything has been fairly well incorporated. As the Suffolk County Planning Commission recommended and you also recommended them (the trees), I assume they will be bondable on the final approval. I think this is a good plan and I think it incorporates all the requirements and I urge that the Planning Board adopt the preliminary approval of the map so that we can go ahead and finalize the details. At the final hearing we will present the covenants and restrictions for the open space and also incorporate a draft of the plantings schedule. I respectively request that you move the approval of this preliminary plat. Mr. Raynor: Is there anyone else that would like to speak in £avor of this subdivision? Hearing none, is there anyone that has some information that should come before this board with regard to this subdivision? Millicent Gossner: Is it my understanding that that portion of Richmond Creek that was the salt march was filled in illegally? It was dredged and the fill was put on the sides? Mr. Raynor: About three years ago. Arthur Gossner: Does that make it legal then? Mr. Raynor: This is one of the reasons for the applicant's restrictions and leaving all the open space. Mrs. Gossner: I have heard mentioned here that questionable areas can't be used as a base in computing the clustering. Was it used? Mr. Raynor: No. Mrs. Gossner: Was this under litigation? Mr. Raynor: Not as far as I know. Mr. Gordon: It was a thorn on the side of the trustees. Mrs. Gossner: Will something be done about it? Mr. Raynor: It is not in our bailiwick. Mr. Wickham: On the other hand, we brought it to the attention of the present owners. The file goes back five years and we have had long discussions and recognizing it wasn't his fault, it required special treatment because of unauthorized dredging and we insisted on it and got it and this is one of the reasons the shorefront is not included in the house lots. Mr. Raynor: The present applicant has been most accommodating with regard to any restrictions the Board has discussed with him. Mr. Lark: We have been told that an owner by the name of Hansen did receive a permit on November 16, 1969 for the purpose of dredging that creek and, as I understand it, the main reason for dredging it was the creek had become a collecting point of debris and it was dredged and the spoil was put on the edge of the property. It wasn't done with the blessing of the Planning Board at that time. Mr. Wickham: They also did not desist when it was brought to their attention. Someone said water stands in this low area of Indian Neck Lane and you will note the 14 foot contour makes a loop around and right where this Road B goes off is a low spot and the water can often be as much as a foot deep there. Mr. Lark: That was brought to the applicant's attention and the profile was fixed to the northward to see that none of the water would flow out toward Indian Neck. I was told that he could accommodate some of that water off Indian Neck Lane and that is an improvement to eliminate a bad situation in case of flash rains. Mr. Wickham: We want to follow this up. Mr. Lark: The engineer deliberately fixed that road to accommodate. He can't take all of it but he can take some of Indian Neck's excess water. Mr. Wickham: There is not a great deal of lineal distance but I understand a great deal of water originates far to the north and west and comes down here and this is not entirely his fault but we have to look at it and say what can be done to alleviate the situation. Mr. Raynor: Does anyone else have some information to bring before this board? Hearing none, has any board member anything else? We will declare this hearing closed. Sea Breeze Village - Kontokosta Associates condominium units. Emmanuel Kontokosta, George Wetmore and Richard Lark, Esq., appeared. The following letter was presented to the board. Gentlemen: Attached is two copies of the proposed Condominium Site Plan, Scheme B, dated May 25, 1978 which I received May 30, 1978. In reviewing the site plan I see it complys to the Zoning Code of the Town of Southold. One suggestion, a wider road to the easterly parking area be made so cars may pass. /s/ George H. Fisher Senior Building Inspector Mr. Kontokosta presented an amended plan showing the right-of-way at 20 foot width. There was a question of a 100 foot setback from the bluff. The building inspector has to go by a 50 foot rear yard according to the Code but Mr. Wickham says the Planning Board can require a 100 foot setback. Mr. Kontokosta, at the Board's request, put the approximate top of the bluff in red ink on one of the plans. A field inspection of the property will be made in the near future. Brecknock Hall - Gus Schad development. A letter was read from Mr. Lark in which he inquired about the roads to go into this property. It was Mr. Wickham's recollection that it was the intent of the Planning Board when the buffer zones were laid out -7- that there would be access in approximately the areas requested by Mr. Lark. Schriever cluster subdivision. William Schriever and Charles Cuddy, Esq., appeared. Mr. Schriever is negotiating an exchange of property in the area of the recharge and it was his contention that Supt. of Highways Dean and the Tow~ Board had agreed in principle. He requested approval of the sketch map with the condition that the town approve the exchange of property which amounts to the sump area and the town approve the up-zoning for the area that is lots 7, 8 and 9. Mr. Schriever changed the wording on the map from 'preliminary' to 'sketch'. Richmond Creek Farms. Arthur DiPietro, Esq., and Pat Frank Nesci, Esq., appeared. The following comments were made by Mr. Raynor. Meadow area is being used for park and playground. The names Cove Court and Cove Drive are confusing. Lots 37 to 43 are in the flood plain. Lot 14 is a flaglot. There is no recharge basin. The access to Lot 2 should be restricted to an interior road. Block from Main Road to Creek Lane is in excess of 1200 feet. Check out highway specifications with regard to 12 inch corrugated steel pipe. Mr. Raynor thinks it should be 18 inches. A dwelling on the property is not reflected on the map. Mr. Gordon asked if any consideration had been given to developing this property in the cluster concept. There was further discussion on this and the gentlemen will get back to the board. There was also something said about the possibility of swale drainage and getting recommendations from the Soil & Water Conservation District. On motion made by Mr. Wickham, seconded by Mr. Gordon, it was RESOLVED to grant two extensions of 90 days each for the time to submit the final map of the subdivision known as "Centennial Manor, Section One" as requested by the attorney for the applicant. Vote of the Board: Ayes: Wickham, Raynor, Gordon, Wall Richard Foster. Mr. Foster explained to the board that he would like to sell one piece of property which is located on Bridge L~ne, Cutchogue, out of approximately l0 acres. He wants to keep the back and is willing to put covenants on this property that it could never be divided into more than three lots. If it is divided into residential lots, even though he does not intent to sell them, the taxes will go up substantially. Mr. Wickham said the Planning Board cannot allow him to sell a piece until there is sketch plan approval. This matter will be referred to the Town Attorney for his opinion. -8- On motion made by Mr. Wickham, seconded by Mr. Wall, it was RESOLVED to set 7:30 p.m., Monday, June 26, 1978 at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the question of the approval of the preliminary map of subdivision known as "Bayview Farm" located at Orient, New York, and owned by Peter Blank, Jr., and Mary Louise Blank. Vote of the Board: Ayes: Wickham, Raynor, Gordon, Wall Long Pond Estates. The latest maps were reviewed by the Board. (Maps received May 12, 1978) The developer will need a variance on Lot 6 because it is undersized. The building setback line should be shown on Lot 5. A final review should be made by the town engineer as to road configuration. On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED to approve the final map of the subdivision known as "Col. Ted Dowd" subject to: 1. Covenants and restrictions being filed as to no further subdivision of Lots 3, 4 and 9. 2. Presentation of bond to the Town Board and acceptance thereof. 3. Receipt of inspection fee. Mr. Wickham left the meeting at this point. Cutchogue Joint Ventures. Richard Cron, attorney for the developer, had requested from the Planning Board information on what comments and recommendations of Lawrence M. Tuthill's letter of April 17th must be adhered to. It was the consensus of the Board that the developer comply with all the recommendations and comments with the exception of Comment 1. The developer will eliminate the two lots that are under water from the subdivision. On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED to accept the decision of the Board of Appeals with regard to the application of Robert and Karen Kowalski as agents for Stefania Zazecki. Vote of the Board: Ayes: Raynor, Gordon, Wall -9- Mr. Wickham returned to the meeting. A special meeting will be held on J~uue 19, 1978 with Mr. Franklin Bear to go over the~summary of the Plan for Development. The next regular meeting will be held Juue 26, 1978. Motion was made by Mr. Gordon, seconded by Mr. Wall and carried to approve the minutes of the meeting of May 15, 1978. On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED that the Southold Town Planning Board indicate to the New York State Department of Environmental Conservation that it wishes to be lead agency in the matter of the application of Kontokosta Associates, Sea Breeze Village, as outlined in Local Law #3 - 1978 of the Town of Southold. Vote of the Board: Ayes: Wickham, Raynor, Gordon, Wall Motion was made by Mr. Gordon, seconded by Mr. Wall and carried that the meeting be adjourned. Meeting adjourned at 9:50 p.m. Respectfully submitted, Mur~I Brush, Secretary