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HomeMy WebLinkAboutPB-05/15/1978 ,D $ JOHN WICKHAM, Chairman 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, May 15, 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 Frank Coyle Member Fred Gordon Franklin Bear, North Fork Environmental Council Arthur & Millicent Gossner, League of Women Voters Peter Campbell, Suffolk Times Doug Love, Long Island Traveler-Watchman Edward Bage, Town Engineer Lawrence M. Tuthill, Town Engineer (9:00 p.m.) George Fisher, Building Inspector (lO:O0 p.m. ) AbSent was: James Wall (inclement weather) 7:30 p.m. Public Hearing on the question of the approval of the final map of "Col. Ted Dowd" subdivision located at Mattituck, New York. Gary Flanner Olsen, Esq., appeared. Mr. Raynor read the legal notice of hearing and presented proof of publication from the L. I. Traveler-Watchman. Mr. Wickham went over the checklist and reviewed the file. Mr. Wickham: We have met with the developer and his attorney and engineer a good many times and, because this is a final, we feel this is in order. At this time, I will ask for those that wish to be heard in opposition to this subdivision. Hearing none, I will ask for those that wish to be heard in favor. Gary Flanner Olsen, Esq.: I am the attorney for Ted Dowd. As you have indicated, this has been before the Board for some time. It has been thoroughly reviewed and meets the standards of the Town of Southold and I heartily recommend that it be approved. -2- Mr. Wickham: Does anyone else wish to make any comments or recommendations? Mr. Coyle: Some of these lots are oversized and might require a covenant as to no further subdivision. Mr. 01sen: That is no problem. We will give you a covenant to not further subdivide. Mr. Coyle: Is this the only owner? Mr. 01sen: Yes. Mr. Raynor: 3, 4 and 9 are all oversized. Mr. Olsen: ions. That is no problem. I will put that in the restrict- Mr. Wickham: I have a question for Howard (Young). Does the County now require a schedule of the county lot numbers? Mr. Young: Yes. We have done it a couple of ways. This is the standard form. Mr. Wickham: If there is no other comments or suggestions or thoughts on this, I will declare the hearing closed. On motion made by Mr. Raynor, seconded by Mr. Gordon, it was RESOLVED to set 7:30 p.m., Monday, June 5, 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 final map of the subdivision known as "Southold Gardens" located at Southold, New York, and owned by Babcock and Rimmler. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Macari. Gary Olsen, Esq. There was discussion that the developer might wish to go to a cluster-concept subdivision. As far as the access is concerned, it will be necessary to have two ingress and egresses because of the number of lots in the subdivision. This might work better with a cluster-concept subdivision. Country Club Estates. Gary Flanner Olsen, Esq., and Howard Young appeared. There was discussion regarding the berm. Larry Tuthill's letter of April 5, 1978 was reviewed in which he mentioned raising the berm six inches or lowering the bottom six inches, in other words, increasing the capacity by half a foot. In addition, it would be required that all buildings have downspouts and dry wells and also to put a low dike around the park and playground area to keep any excess that might fall during frozen ground period. The combination of doing these three things would solve the problem. Mr. Young said Mr. Babcock had said something about -3- berming the w~ole area six to seven inches. Most of this discussion is incorporated in resolution further in the minutes. Rev. John Jefferson - site plan for Cutchogue church. The Board reviewed the letter from the Building Inspector. After the new ch~rch is built, it is planned to move the old church away. Mr. Jefferson will have to go to the Board of Appeals for a special exception and to the County for connection with the county highway. The approval of the County Board of Health is stamped on the site plan. It appears from the blueprint that the church is half on the church property and half on Mr. Jefferson's property. The Board directed Mr. Jefferson to see the secretary as to who to contact in the County for the road connection. Peter Blank - Bayview Farm subdivision. H. Price, Jr., Esq., appeared. Peter Blank and William On motion made by Mr. Raynor, seconded by Mr. Gordon, it was RESOLVED to approve the sketch map of the subdivision owned by Peter Blank, Jr. and Mary Louise Blank at Orient, New York, to be known as "Bayview Farm", said map dated January 7, 1977 and amended April 14, 1978. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Minor subdivision of Joanne Schwartz. William H. Price, Jr. Mr. Wickham wanted it noted in the minutes that lot number 3 on the south side of Main State Road is part of lot number 3 on the north side. This item is also covenanted that it may not be divided, set apart or build upon as a residential lot since only one residence is allowed on a lot. On motion made by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED to approve the map of subdivision of Joanne Schwartz dated December 5, 1977 and amended February 15, 1978, and authorize the chairman to sign the map. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Bayview Woods Corporation. Howard Young appeared. He presented a disclosure statement that indicated that Joseph Shipule is the sole owner of this property. An inspection of the property has been made by Mr. Gordon and Mr. Raynor which indicated that the marshland is under water and the park and recreation area is probably short because of water. There must be enough upland park. Extend road to edge. There was discussion about a road to Schumacher's property. A request will be made that Larry Tuthill, Town Engineer, study the map and make recommendations as to the road layout and method of drainage shown. -4- When the property was sold to Perry, there was a right-of- way which was reserved by deed and if the right-of-way is relocated it has to be south to North Bayview Road. In answer to if the 20 foot right-of-way can be part of the lots, the answer was in the affirmative. William Pollert minor subdivision. Mr. Pollert inquired as to a casual sale of the property that the house is on along with some acreage. Mr. Raynor said a casual sale had to be to a relative. Mr. Wickham said he could sell it to anyone but he couldn't come to the board for another sale for at least three years. Mr. Wickham also said the Board would insist on a covenant that the property would never be resubdivided and this covenant must run with the land. Mr. Pollert showed a possible minor subdivision of the property but balked again at covenants as to no further subdivision. He felt that he didn't know what an owner of that large a piece of property might want to do with it in the future but said he might not object to the covenant running for ten to fifteen years. Mr. Wickham said he would discuss the matter with the town attorney. Mr. Wickham also suggested that Mr. Pollert bring the property in as a major subdivision of six or seven lots. Then Mr. Pollert asked about the road going back to the bay property and Mr. Wickham said it would have to be a 50 foot road because it is a major subdivision. Mr. Pollert will make a decision and come back to the Board. John Simicich. Charles Cuddy, Esq., and John Simicich, Jr. The map was reviewed and there was some comment on the width of the lots which is about 90 feet. Mr. Raynor pointed out that another subdivision had a problem with saleability because of long, narrow lots. On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to approve the sketch map of the cluster subdivision of John Simicich, Jr., at Mattituck, New York, said map dated February 15, 1978 subject to the following: 1. Walkway be placed on the easterly line of lots for access to park and playground. 2. Park and Recreation area be relocated and redesigned. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon The following definite comments were to be sent to Reverend Jefferson regarding the building of his church and site plan approval. The church must be set back fifty feet, parking stalls must show ten feet width, curb cuts must be obtained from the Suffolk County Dept. of Transportation, there must be ten feet of buffering on the sideyards. It must be determined where the property line is and an update from the Suffolk County Dept. of Health will be necessary. -5- Gazza. Mr. Gazza had written a letter requesting specifications ~-~-~ringing the Cove Beach Road up to towu specifications. It appears to the Planning Board unreasonable to build a road of one quarter of a mile to town highway specifications to serve a minor subdivision in view of the fact that it would probably cost approximately $40,000. The Board would like Mr. Gazza to come to the next Planning Board meeting to discuss the matter with him. Kontokosta Associates "Sea Breeze Village" condominiums. Richard Lark, Esqo and Emmanuel Kontokosta appeared. The proposed buildings do not meet the separation requirements. Mr. Lark said it would require a variance if this layout were approved by the Planning Board. There was discussion that the setback from the top of the bluff must be 100 feet. Mr. Lark said the Planning Board wanted to look at it to see if it is a true bluff. The buildings exceed the 125 foot limit if measured on the diagonal. There are no sideyard buffering or plantings showu. Mr. Coyle said the area is a clay pit. He wanted to know if any thought had been given to hooking up with the Village of Greenport sewer. Mr. Kontokosta said it was roughly 1200 feet away but he is looking into the possibility. There was discussion os a pumping station but Mr. Kontokosta said he didn't think it would work out because it would have to be pressurized. He said the clay area at the test hole is about seven or eight feet deep and the rest is fine sand and gravel. Mr. Wickham said it will be necessary for them to have a setback from the Sound of 100 feet. Mr. Lark wanted to know if that is written in the regulations. It was discussed that there are too many units for the width and shape of the property. They have what is allowed but the property is narrower than it is deep so they couldn't get the separation. This will be discussed again later. On motion made by Mr. Raynor, seconded by Mr. Gordon, it was RESOLVED to set 8:00 p.m., Monday, June 5, 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 "Richmond Shores at Peconic" owned by Robert C~mmins. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to approve the sketch map of the subdivision known as "Richmond Shores at Peconic" said map dated April 26, 1978. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Mr. Tuthill presented his recommendations on the map of "Richmond Shores at Peconic", the original of which is to be sent to the Supt. of Highways. At his point, Mr. Wickham asked Mr. Raynor to chair the meeting. Mr. Wickham left the room while Country Club Estates was being discussed and action taken. On motion made by Mr. Gordon, seconded by Mr. Coyle, it was RESOLVED to approve the final map of the subdivision known as "Country Club Estates" subject to the following: 1. The following design of the sand drain as proposed by Howard Young, Engineer, be provided. Park and playground area to be elevated to five foot contour. The bottom of the sand drain to be at 3.5 foot contour. The diking around the park and playground area to be at six foot contour. 2. Recommendations of the Suffolk County Planning Commission. 3. Receipt of bond for roads and drainage. Receipt of inspection fee. Vote of the Board: Ayes: Raynor, Coyle, Gordon Mr. Wickham returned. On motion made by Mr. Wickham, seconded by Mr. Coyle, it was RESOLVED to waive the requirement for more than one egress and ingress in subdivisions containing more than twenty lots for the subdivision known as "Paradise-by-the-Sound" because Nicole Road at the westerly terminus of the applicant's property ties into Town of Southold property which is approximately 100 feet from Sound Avenue over which the Town may extend Nicole Road to join the existing town road. Vote of the Board: Ayes: Wickh~m, Raynor, Coyle, Gordon On motion made by Mr. Wickham, seconded by Mr. Coyle, it was RESOLVED to waive the requirement of 150 feet at the building line for lots 45 and 46 on map of subdivision known as "Paradise- by-the-Sound" because the highway frontage is over 150 feet and the lots are over ~0,000 square feet. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion made by Mr. Wickham, seconded by Mr. Coyle, it was RESOLVED to approve the final map of the subdivision known as "Paradise-by-the-Sound,, subject to the following: 1. Receipt of copy of contract for water from the Utility Department of the Village of Greenport. -7- 2. Review of revised preliminary map by Lawrence M. Tuthill, Town Engineer, specifically for the hydrant he requested and the manholes and piping that were in question. 3. Receipt of copy of easement from the Town of Southold to the developer. 4. Recommendations of the Suffolk County Planning Commission. 5. Receipt of bond for roads and improvements. 6. Receipt of inspection fee. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion made by Mr. Wickham, seconded by Mr. Gordon, it was RESOLVED to disapprove the preliminary map of the subdivision to be known as "Cutchogue Joint Ventures" for the following reasons: 1. Pursuant to Article III Section A106-36 C, lots 5 and 6 cannot be deemed platable property because they are under water. 2. Using the drainage area as indicated on the map would result in forcing of storm water over onto the adjacent property with resultant liability to the town which the Planning Board is unwilling to accept. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to approve the final map of the subdivision known as "Brionngloid-by-the-Sea" subject to the following: 1. Recommendations of the Suffolk County Planning Commission. 2. Recommendations of the Town Engineer, Edward Bage, on the construction of the rights-of-way in the subdivision. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Mr. Wickham indicated that he wanted the minutes to show that no residences will be allowed on the lots on the south side of the. Main State Road. Mr. Coyle made a motion, seconded by Mr. Gordon and carried to accept the minutes of the meeting of April 17, 1978, as amended. -8- A letter was read from Mr. Nelson Axien in which Mr. Axien complained that the travelled road in the subdivision "Peconic Knolls" was not shown on the filed map. Mr. Wickham as ed~ ~ary to contact Steve Tsontakis, the developer, and inform him that he should either amend the filed map or file the agree- ment between himself and the property owners who have access over the right-of-way. On motion made by Mr. Wickham, seconded by Mr. Gordon, it was RESOLVED to instruct the building inspector that the purchase by Dr. Jan Moor-Jankowski of land south and behind his property on Village Lane, Orient, from Mr. William Schriever has been approved by the Planning Board. Vote of the Board: Ayes: Wickham, Raynor, Gordon, Coyle A complaint by property owners in the "Inlet East Estates" development was discussed. The people had complained about the lack of fencing around the recharge area and the omission of street signs. A letter is to be written to William Esseks, the developer of the property, with a copy to the Highway Committee, instructing the developer to place signs on the roads and a fence around the recharge area. These improvements were covered by the bond estimate and the bond cannot be released until such time as these improvements are made. Edward Bage, Town Engineer, has made a report and that will be forwarded to Mr. Esseks and the Highway Committee, Justice Suter and Councilman Homan. On motion made by Mr. Wickham, seconded by Mr. Coyle, it was RESOLVED to recommend to the Southold Town Board the bond estimate in the amount of $35,000, as prepared by Lawrence M. Tuthill, for improvements in the subdivision to be known as "Col. Ted Dowd". Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon On motion made by Mr. Gordon, seconded by Mr. Coyle, it was RESOLVED to grant final approval to the minor subdivision of property of Frank Murphy and authorize the chairman to sign the map. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon -9- Mr. George Fisher, building inspector, discussed with the Planning Board the approval of access on roads in minor subdivisions. These have been sent to the Board of Appeals recently. Mr. Wickham advised Mr. Fisher to check with the Town Attorney, Robert Tasker, for his advice on the matter. The matter of "Sea Breeze Village" owned by Kontokosta Associates was again discussed. The Board agreed that there will be no waiver of the regulations by the Planning Board as far as separation of the buildings ~ volved. Motion was made by Mr. Coyle, seconded by Mr. Gordon and carried to adjourn the meeting. Meeting adjourned at ll:50 p.m. Respectfully submitted, I Brush, Secretary k~Q~n Wickham, Chairman