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HomeMy WebLinkAboutPB-07/21/1975$outhold Town Planmng Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe Henry Raynor Frank Coyle MINUTES Southold Town Planning Board July 21, 1975 A regular meeting of the Southold Town Planning Board was held at the Town Clerk's Office, Main Road, Southold, New York on the 21~t day of July, 1975. Present were Chairman John Wickham, Vice-Chairman Henry Moisa, Henry Raynor, Alfred Grebe and Frank S. Coyle. Mr. Wickham opened the meeting at 7:30 p.m. James Dean minor subdivision east of Downsview. Mr. Moisa read the Notice of Hearing. NOTICE IS ~EBY GIVEN that pursuant to Section 276 of the Town Law, Public Hearing will be held by the Southold Town Planning Board at the Town Clerk's Office, Main Road, So~thold, New York, in said town on~i~the 21st day of July, 1975 on the question of the following: 7:30 p.m. Approval of a minor subdivision of property owned by James Dean situated at Cutchogue, Southold Town, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of New Suffolk Avenue 300 feet easterly along said southerly line from Dean Drive; from said point of beginning running along said southerly line of New Suffolk Avenue S. 66° 12' 40" E. 161.29 feet; thence along land of Henry, land of Liebell and land of Seaman, S. 13° 24' 30" E. 657.95 feet; thence along ~aid land of Seaman~ two courses: (1) S. 2° 08' 50" W. 99.77 feet; thence (2) S. 14° 46' 10" E. 130 feet, more or less, to ordinary high water mark of Great Peconic Bay; thence westerly along said high water mark, 165 feet, more or less, to the "private beach" as shown on "Map of Downsview" filed in the Suffolk County Clerk's Office as map #5509; thence along said "private beach", across the easterly end of said Dean Drive and along lots 8, 6 and 5, as shown on said map, N. 13° 24' 30" W. 685 feet, more or less; thence along lot i as shown on said map, Planning Board -2- July 21, 1975 N. 1° 04' 10" W. 253.15 feet to the point of beginning. Containing 2.81 acres, more or lesm. Any person desiring to be heard pn the above matters should appear at the time and place above specified. Dated: July 8, 1975 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHNWICKHAM, CHAIRMAN Affidavits of publication were presented from the Suffolk Weekly Times and the Long Island Traveler - Mattituck Watch- man. It was noted that the area of the property showed 2.81 acres where in actuality it looked like it should be 3.81 acres. This is to be checked into by Mr. Olsen. The Board will want a covenant on the oversized lot. Mr. Olsen preeented a disclosure affidavit of ownership signed by Mr. Dean. Chairman: At this time I will ask for anyone that wishes to be heard in opposition to this minor subdivision of property owned by James Dean at Cutchogue. Hearing none, I will ask for anyone that wishes to be heard in favor of it. Mr. Gary Flanner Olsen: I represent James Dean, the applicant. This subdivision is fom~'three parcels off New Suffolk Avenue. Parcel #1 is where Mr. Dean's house is presently located. Parcel #2 has 50,108 square feet. Parcel #3 has approximately 65,000 square feet ail of which conform with the town area requirements and in fact exceed them. We are willing to give a restrictive covenant to the effect that thei~property will be no further subdivided. We have submitted this to the Department of Environmental Conservation and you have a letter in your file. I,~have appeared before the board several times to discuss this before the board. The board is well aware of the facts surrounding same. We have filed the necessary application and filing fee of $30. I would respectfully request that the board give favorable approval to the application in that it does meet the town requirements. Chairman: Any action that we might take would be subject to the restrictive covenant and the action of the county Planning Commission. I can see no problem. There being no one else wishing to be heard, the Chairman declared the hearing closed. Mr. Olsen will send a copy of the DEC letter and check with the surveyor regarding the acreage. Planning Board -3- July 21, 1975 Miriam Goldsmith. The following letter was read addressed to the Planning Board under date of July 21, 1975: "Mr. Richard Berent, 74 Heissen Lane, Farmingdale, N. Y. is considering the purchase of the 18+ acres of land on Ashamomaque Pond owned by Mrs. Miriam Goldsmith. "Mr. Berent has made his offer subject to approval to divide the property into four (4) parcels. Mr. R. Terry, attorney for present owner, request that Mr. Berent obtain your opinion on his getting approval for this minor sub- division. /s/ H. W. Drum The Plauning Board discussed this property and made the following recommendations: 1. Boundary between Goldsmith and Lang should be established prior to subdividing the property. 2. There should be reasonable access improved to meet the criteria of the Building Inspector. 3. Report should be obtained from the Department of Health regarding the quality of the water. 4. Upon obtaining above, covenants would be required that the applicant would not go to this Board or any other Board in the future to further resubdivide this property. Four lots are all that would be allowed for a minor subdiv- ision. Peconic Knolls. Mr. Raynor read the Notice of Hearing. NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, Public Hearings will be held by the Southold Town Plarnaing Board at the Town Clerk's Office, Main Road, Southold, New York, in said town on the 21st day of July , 1975 on the question of the following: 8:00 p.m. - Approval of the final map of property owned by Adelphi Land Corporation known as "Peconic Knolls" consisting of a parcel of land situate, lying and being at Peconic, $outhold Town, Suffolk County, New York, bounded and described as follows: Planning Board -4- July 21, 1975 BEGINNING at a point on the southerly side of Lakeview Avenue where the same is intersected by the northeast corner of lands now or formerly of Elaine Axien, at the north- westerly corner of the herein described premises; thence running along the southerly side of Lakeview Avenue S. 54° 52' 40" E. 200 feet to lands now or formerly of Jose Garido; thence along said lands S. 28° 09' 50" W. 201.48 feet to lands now or formerly of Four Sails Realty, Inc.; thence along said last mentioned laud along lands of Jose Garrido S. 54° 52' 40" EE 400~02 feet; thence N. 35° 07' 20" E. 200 feet; thence along said map line and the southerly map line of the subdivision "Bailey Park", Suffolk Co.unty File No. 1097, the following two courses and distances. (1) S. 54° 52' 40" E. 421.99 feet, (2) S. 42° 24' 00" E. 79.08 feet to land kno~rn as the subdivision "Peconic Homes, Section 2" Suffolk County File No. 5001; thence along said last mentioned land S. 44° 50' 00" W. 518.30 feet to the northwesterly terminus of "Peconic Homes"; thence along lands now or formerly of C. P. F. Land Corp. the following two courses and distances: (1) N. 48° 29' 00" W. 355.33 feet, (2) N. 53° 39' 50" W. 621.95 feet; thence along lands now or formerly of Elaine Axien N. 27° 46' 40" E. 479.13 feet at the point or place of beginning. Containing 9.971 acres, more or less. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated: July 8, 1975 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKPIAM, CHAIRMAN Affidavits of publication were presented from the Suffolk Weekly Times and the Long Island Traveler - Mattituck Watchman. It was noticed that one course was in error in the legal notice of the Suffolk Weekly Times. It was also noted that nowhere on the map does it show land now or formerly of Four Sails Realty, Inc. Chairman: I have here a copy of the proposed covenants and restrictions. We also have the following letter dated June 18, 1975 to the Planning Board. Dear Mr. Wickham: Please be informed that Adelphi Land Corporation, the owners of the referenced proposed subdivision, intend to grade and install the initial surface on the road prior to the sale of any lot. If, however, a lot is conveyed prior to this work, a slope easement will be reserved so that any necessary grading can be accommodated. /s/ Steve Tsontakis Planning Board -5- July 21, 1975 Chairman: There is a certificate in the file from the Depart- ment of Environmental Health for the County. There is a notice sent to the developer of the hearing subject to extin- guishing the right-of-way. The following letter was received from the Suffolk County Department of Planning under date of May 2, 1975. "Please be advised that~pursuant to Section 1333, Article XIII of the Suffolk County Charter that the above captioned map is not within the jurisdiction of the Suffolk County Planning Commission. /s/ Charles G. Lind Chairman: There is a letter from the Town Superintendent of Highways saying the Highway Committee and he approve the lay- out. There is a statement that Stephen G. Tsontakis is the sole owner of Adelphi Land Corp. which is signed and witnessed. There is an earlier letter from the Superintendent of Highways with recommendations. Mr. Raynor~ Do Four Sails Realty own any of it? Mr. Tsontakis: No. Chairman: I have a letter from Nelson Axien under date of July 21, 1975 to the Planning Board: Gentlemen: The Peconic Knolls plat as submitted for approval of final map at a public hearing before your board tonight, does not show our 20' wide easement across the Peconic Knolls lots by deed 2289 page 147. According to Sec 4 par ll subdivision regulations, the plat shall show location - width and purpose of all easements. We have a contract, on an exchange of easements in the process of acquiring signatures. I believe another contract between Adelphi Land, Garrido and Blackham is also required. We parties of the contract have a lot riding on this exchange. We want to be sure there are no slip ups. The transfer of easements hinges on and takes place when the 50~~ roadway has been completed to the satisfaction of the Town of Southold. We believe the Town of Southold should be assured as part of the filed Declarations covenants or easements that if a lot is sold prior to the construction of the roadway adjacent to the steep slopes, that access for construction or repair on the adjacent landsis guaranteed, because in the event of default, the Town of Southold would have to construct this road. Planning Board -6- July 21, 1975 On a previous question of Peconic Knolls declarations, covenants and Restrictions. They have been reJ~yped, but still contain the same clause (paragraph 16) of road maintenance fees of the lot owners not exceeding $50 in one year. In these times $50 could beoome meaningless which would actually prevent repair of the road by the lot owners by deed covenant. A previously suggested qualifying clause -- unless a simple majority of lot owners agree to a greater sum. This would be particularly required when the association is formed in para- graph 18. /s/ Nelson Axien The secretary reported that Mr. Axien said acquiring the signatures is well advanced. Mr. Raynor: One of the statements that the exchange of the right-of-way will be completed upon completion of the con- struction of the road, I would think that the Planning Board's liability ceases on the signature of the map. The bonding takes place through the Town Board. Mr. Wickham: What Henry is saying is this is not the Planning Board's responsibility. The responsibility has to be built into the bond and accepted by the Town of Southold. Mr. Raynor: Mr. Axien should understand that the liability of this Board terminates with the signature of the map. Mr. Wickham: The bond should also cover the extinguishing of the rights-of-way. Mr. Raynor: Once the map is signed you have a subdivision and the bond takes care of the rest of it. If for some reason there is a default on the bond, it is the town's responsibility to construct the road. Mr. Wickham: At this time I will ask for those that wish to be heard in opposition to this subdivision which has been before this board for over two years. Hearing none, I will ask for those that wish to be heard in favor of it. Mr. Tsontakis: I represent Adelphi Land Corporation who is proposing this subdivision. I believe we have complied with all the requirements of State, County and Town. We do intend to construct this road which will be infinitely better than the existing right-of-way. The northerly ~nd will terminate on land now owned by Elaine Axien and the existing right-of-way through that piece has to be extended to meet the right-of-way through there but that is something that Mr. Axien said he would do. Planning Board -7- July 21, 1975 Mr. Wickham: Most of these things that Mr. Axien has presented are something which we have discussed in this room. Every one of the points including those on covenants and restrictions and easements have been brought up and discussed. Mr. Tsontakis: We believe that the covenants and restrictions that we have stipulated here and will record with the County Clerk will serve the property owners who purchase land in this subdivision in good stead. We believe we have covered all the areas of road upkeep and park areas and any ecological impact in this area. We pray that the board will approve this sub- division so we can go ahead. Mr. Wickham: We do not have any contracts. Mr. Tsontakis: They are in the hands of the attorneys. Mr. Wickham: You are prepared to see they are done and you and Mr. Axien are in general agreement on them? Mr. Tsontakis: Yes. Mr. Wickham: Does any member of the board have any questions? Hearing none, I will declare the hearing closed. The secretary informed Mr. Tsontakis that he must contact the Superintendent of Highways before starting any construction of the roads and gave him a copy of the Highway Specifications. At this point the meeting was adjourned to go into a work meeting with Gary Flanner 01sen, Esq. to go over his 16 files. The following are notes from the work meeting. Col. Ted Dowd. Gary 01sen, Esq. appeared, also Howard Young, PE Mr. 01sen presented a new layout of this map showing one road Sn which 'future dedication' is noted. He was told the Highway Department will require that he construct the road. There is a long park and playground area which will have to be eliminated as the Town does not like bowling alley park and playgrounds. Lots I and 2 will need restrictive covenants as to no further subdivision. Hodor. Gary 01sen, Esq. and Howard Young, P.E. There was discussion about the pond and whether or not the County Board of Health will pass it as a buildable lot and whether it can be filled. This subdivision plans on having municipal water although Mr. Monsell, Superintendent of Public Utilities in Greenport, has not authorized it as yet. There Planning Board -8- July 21, 1975 will have to be a reservation shown on the map for the possible widening of County Route 27. It was determined that the amount for reservation on 'Shorecrest' was twenty-one feet. Upon layout approval of this map, 12 copies of the map and 12 copies of profiles will be required. Macari. Gary Olsen, Esq. and Howard Young, P.E. appeared. This subdivision involves many rights-of-way, LILCO high tension wires and possible location of the LIE. Mr. Olsen thought they would subdivide it in sections. Mr. Young will redesign to eliminate cul-de-sacs. Laurelwood Estates, Section 2. Mr. Olsen and Mr. Young appeared. There was discussion about dedicating a piece of lot #16 in Laurelwood Estates, Section i so that a road can be put in for possible egress. Mr. Dean and Mr. Raynor will go out in the field and look at the road in this area. Babcock & Rimmler. Mr. 01sen and Mr. Young appeared. There was quite a bit of discussion about Harper Road which Mr. Hill had dedicated to the town. It is not constructed but is town owned. There is a problem with drainage on one of the roads but it is not the problem of this subdivision. It was felt that a couple of catch basins will take care of any drainage that might occur. Doebler. Mr. 01sen and Mr. Young appeared. Mr. Olsen presented four copies of map with numbers instead of letters and the top of the bank shown. The board asked that a 50 foot setback line be shown and Mr. 01sen took the maps back so that this could be put on. Mr. 01sen said there would be a restrictive covenant put on Lot #1 that there would be no road built from Maple Avenue to Hobart Road ever in the future. He presented a copy of a letter from the State DEC. Greton. Mr. Olsen appeared, i Show on map that access to lots i and 2 will be restricted to Greton Court. The problem with the road profiles was discussed. Planning Board -9- July 21, 1975 If they are going to ~ndercut the road then piping ~i~l be required to the recharge basin. Mr. Olsen will have Mr. Grefe get in touch with either Mr. Tuthill or Mr. Dean to decide which way they want to go. Gibbons. Mr. Olsen appeared. Mr. Olsen asked for sketch plan approval of this minor sub- division into oversize lots. Greenfields. Mr. Olsen appeared. Mr. Olsen presented a copy of an a~fidavit from Michael Weinstein saying Judith Barnett and Linda Gorwitz were the fee owners of this property and that no one else owns it. There is still a question as to why three other people were listed as co-principles on the bond. The secretary was directed to consult with the Town Attorney on this as to if it's permissable to proceed with the signing of the maps. The meeting was reopened at ll:15 p.m. The next meeting will be held on August 18, 1975 snd August 20, 1975 will be the meeting at Fishers Island. On motion made by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED to approve the layout of the sketch map of the subdivision owned by Louis Hodor in Arshamomaque known as 'So~nd Shore Acrest, said map dated May 30, 1975. Vote of the Board: All ayes. On motion made by Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED to approve the sketch map of the minor sub- division of property owned by Erroll W. Doebler off Hobart Road in Southold, said map dated June 19, 1975 with the condition that lots be numbered rather than lettered. Vote of the Board: All ayes. Planning Board -10- July 21, 1975 Mr. Moisa made a motion, seconded by Mr. Coyle and carried to approve the minutes of the meeting of July 7, 1975. On motion made by Mr. Moisa, seconded by Mr. Grebe, it was RESOLVED to grant approval to the map of the minor subdivision of property owned by James Dean at Cutchogue, said map dated June 2, 1975 subject to correction of the acreage shown on the map and receipt of filed covenants and restrictions as to no further subdivision of lot #3. This subdivision is also subject to County review. Vote of the Board: All ayes. Baglivi. Mr. Baglivi wishes to change a lot line on the minor subdivision at Nassau Point of George Matthews. This lot line comes in the middle of his driveway and he wants to move it 6 feet. The other lot will still be 20,000 square feet. The Board thinks he should combine lots i and 2 into one lot and then move the lot line to square off the property. As the Supervisor had suggested a meeting of the Planning Board along with the Town Highway Committee, Mr. Suter and Mr. Demarest, ~ ~m~dss the cluster development of Heritage Harbor owned by Riverside Homes, it was decided that this meeting would take place on August 20, 1975 at Fishers Island. On motion made byMr. Coyle, seconded by Mr. Raynor and carried the meeting was adjourned at 11:45 p.m. Respectfully submitted, ~hn Wickham, Chairman