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HomeMy WebLinkAboutPB-04/21/1975Southold Town Planning 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 To~n Planning Board April 21, 1975 A regular meeting of the Southold Town Planning Board was held on April 21, 1975 at 7:30 p.m. at the Town Clerk's Office, Nain Road, Southold. Present were Chairman John Wickham, Vice-Chairman Henry Moisa, Members Henry Raynor, Frank S. Coyle and Alfred Grebe. Simicich minor subdivision. John Simicich and Charles Cuddy, Esq. appeared. Mr. Moisa read the Notice of Hearing. NOTICE IS HEREBY 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, Southold, New York, in said Town on the 21st day of April, 1975, on the question of the following: 7:30 p.m. Approval of a minor subdivision of property owned by Katherine H. Ruebsamen, holders of option to purchase being John Simicich and John Spicejaric, located in the Village and Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the northerly line of Main Road at the southwesterly corner of the land of Ollie Overton and being the southeasterly corner of the premises herein described; running thence along said northerly line of Main Road S. 82° 04' 30" W. 117.09 feet to a concrete monument and land of Scopaz; thence along said land of Scopaz two courses as follows: (1) N. 77 44' 40" W. 310 feet; thence (2) S. 83° 51' 29" W. 75 feet to land of W. Albertson; thence along said land of W. Albertson N. 7° 38' 10" W. 622.78 feet to a concrete monument and land of Long Island Railroad Company; thence along said land of Long Island Railroad Company N. 71~ 22' 40" E. 165.39 feet to a railroad rail monument and land of 01lie Overton; thence along said land of Ollie 0verton S. 9° 2~' 00" E. 966.14 feet to the point or place of beginning. Containing 3.34 acres. Planning Board -2- April 21, 1975 Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: April 4, 1975 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN Affidavits of publication were presented from the Suffolk Weekly Times and the Long Island Traveler - Mattituck Watchman. Mr. Wickham: We had some discussion about the title to the right-of-way particularly the section across the top. I have here the agreement between John Simicich, Jr. and the Town of Southold. THIS INDENTURE, made and entered into this blank day of blank, 1975, between John Simicich, Jr., residing at Camp Mineola Road, Mattituck, New York, and John Spicejaric, residing at 876 54th Street, Brooklyn, New York, hereinafter referred to as the Party of the First Part, and the Town Board of the Town of Southold, a duly organized municipal governing body for the Township of Southold, Suffolk County, New York, hereinafter referred to as the Party of the Second Part, The Party of the First Part desires to develop certain premises described On Schedule A annexed hereto. In order to assure the orderly development of said premises the party of the second part has requested that the fee ownership to rights of way described at Schedule B annexed hereto shall be offered to the Town of Southold. FIRST: The deeds to any parcel included within the premises described on Schedule A shall include the following agreement to be subscribed to by the grantee of said parcel: Subject to a right of way in favor of the owners of Parcel No. 2 and Parcel No. 3 as shown on a certain map of the premises entitled Map of Property Surveyed for John Simicich at Southold, as surveyed by Roderick Van Tuyl, P.C. July l, 197~, amended February 3~ 1975, for ingress and egress to and from Route 25 (Main Road), said right of way running along the easterly line of said premises and being twenty-five (25) feet in width throughout and being more particularly described below, which right of way is subject to divestment under the terms and conditions of an agreement between John Simicich, Jr. and John Spicejaric and the Town of Southold dated blank 1975, and recorded with the Clerk of Suffolk County. The grantee herein and all subsequent grantees or successors in interest shall execute the deed of conveyance thereby signifying their acceptance of the terms and conditions of the aforesaid agree- ment. The right of way is more particularly described as: Planning Board -3- April 21, 1975 SECOND: The deed to Parcel No. 2, as shown on a certain map of premises entitled Map of Property Surveyed for John Simicich at Southold, as surveyed by Roderick Van Tuyl, P.C. July l, 1974, amended February 3, 1975, shall also include the following agreement to be subscribed to by the grantee of said parcel~ Subject to a right of way in favor of the Town of Southold only for access across said parcel, said right of way running from east to west along the northerly line of said premises and being 50 feet throughout, which right of way is subject to divestment under the terms and conditions of an agreement between John Simicich, Jr. and John Spicejaric and the Town of Southold dated blank 1975, and recorded with the Clerk of Suffolk County. The grantee herein and all subsequent grantees or successors in interest shall execute the deed of conveyance thereby signifying their acceptance of the terms and conditions of the aforesaid agreement. The right of way is more particularly described as: THIRD: At the time that the adjoining premises are developed and a proposed public road laid out and approved by the party of the second part, then the party of the second part shall prepare and the party of the first part or the successors in interest of the party of the first part shall execute any and all instruments placing the fee ownership of the right of way described on Schedule B in the Town of Southold. FOURTH: In the event that the adjoining premises do not have public roads laid out, then the fee title to the rights of way referred to herein shall remain with the then owner of said premises. Mr. Wickham: It would appear to me if our attorney has approved this it is alright. I think there is a question in this third item ' At the time the adjoining premises are developed and a proposed public road laid out and approved by the party of the second part'. The party of the second part does not lay them out and this is what my feeling is. I don't know if this is an important distinction but we want it clearly understood that the Planning Board of the Town of Southold does not lay out the roads. We approve them, true. I wouldn't know how to say it. I want it shown in the minutes that we aren't going to be bound to lay them out. Mr. Cuddy: We concede to that. If we said the premises are developed and the proposed road laid out by the developers. Mr. Wickham: If it has in fact been approved by the attorney for the town there is no point in changing it as long as our minutes show it. Mr. Cuddy: We agree to that. Planning Boarm -4- April 21, 1975 Mr. Wickham: Everything seems to be in order. In hearings it is customary to ask those that wish to speak first in opposition. Is there anyone who wishes to speak in opposition? Hearing none, I will ask for those wishing to speak in favor. Mr. Cuddy: I am the attorney for the applicants. We have been before you several times and you have the maps again before you. This is merely three lots along with certain rights of way to give the town certain rights in connection with those rights of way. I believe we have gone through the proper procedure and I would ask that the Board give approval to it. Mr. Wickham: Anyone else wish to speak in favor? We concur in your statement that we have gone over this rather carefully and you have met all our requirements. Is there any member of the board wishing to speak any further about the subdivision? Mr. Moisa: Should we ask for our usual form for nonsubdividing some of these very large pieces? Mr. Coyle: I think a legal instrument should be recorded. Mr. Cuddy: We did not plan to but if you want us to we will. You want us to say we '~e only going to develop three lots and no more. Mr. Moisa: I don't think it will hurt to have a statement on the map. Mr. Wickham: Put something on the map stating that no lot on this subdivision may be reduced in size. Mr. Cuddy: Suppose we said in each one of the deeds that we deed out that no lot or parcel is to be resubdivided. Mr. Wickham declared the hearing closed. Schriever. Mr. Schriever appeared and Charles Cuddy, Esq. appeared. Mr. Wickham told them that we had heard that the county will give no approval to clusters unless there is water, but Mr. Cuddy thinks they will get approval. Mr. Schriever said that the only thing was they wanted to be able to show that he would not be pulling up salt water by putting in this develop- ment. Mr. Schriever: We believe it will go through but he wants me to run some elevations on fire wells and he is going to get a profile of the water table area. (Health Department spec- ialist) When that is done he is going to go to Mr. Flynn with his recommendations. Planning Boara -5- April 21, 1975 Mr. Cuddy: We think the County will give us approval through the Department of Environmental Control and we believe this is the map we will ask!them to approve and we will ask you to approve. Mr. Cuddy: We talked about the cul-de-sac and the Town Board indicated that we could present it this way but in light of the fact that there might be some objection it could be changed. We still think this is not a bad plan and some reasons for putting it through~for emergency vehicles it would allow egress and ingress. I don't think the traffic coming off would be that heavy. If it has to be changed around that happens. Mr. Moisa: Does the open space area include all the proposed exchanges? Mr. Schriever: These areas are the areas that will remain open space. The other areas are in addition. Mr. Raynor: Mr. Schriever, you said you had another sketch showing 40,000 square foot lots. I would like to see how it would lay out. Mr. Cuddy: It wouldn't be what you would require. The lots go at different angles and it doesn't show the proper frontage. The reason we did that is the county said to us that they wanted to see if we extended the lots that there would be 40,000 square feet and we said, yes, and that is what we did. It would not comply. Mr. Schriever: It would be because of the frontage. Mr. Cuddy: We are really putting on so many 40,000 square foot lots but we are subtracting certain areas to keep it as open space. When we talked to Mr. Rizzo he didn't think that was necessarily so. We drew lines to show them that was true. Mr. $chriever: The county has no frontage requirement. Making the lots 40,000 square feet meets their requirements. Mr. Raynor: One of the questions seems to be how much traffic can go out to this undersized road. Mr. Cuddy: We indicated we didn't think this was a bad concept but we know this possibility exists and if this is what the board decides we will live with this. Mr. Wickham: According to my figures, adding up all the small pieces with the letters on them and subtracting that from your 13.8 you would still have left 12.17 acres. Presumably, you would still be able to get twelve lots and have your required open space so this meets our requirements if you can get an approval of the Environmental Control for this project. You have basically met our requirements. Planning Boarm -6- April 21, 1975 Mr. Schriever: We believe we can get this approval and until we don't get it we would like to proceed. Wickham: All you have to do to comply with our requirements is call this a sketch map. Mr. Cuddy: If we do that we don't have a preliminary map before you. What we would like to do is say we understand and we agree that the forty-five days isn't going to bind us at this time nor bind you but we would ask that after a reas- onable time that something be done on this particular map. If we tell the Environmental people that we have a sketch plan they are going to say you are in the very formative stages. I don't want to cause a situation. Mr. Raynor: I think you should have some action by the board. Mr. Cuddy: I don't want to say forty-five days from tonight. We will be bound by that but we ask after a reasonable time. It is helpful to say to them that this is an active matter before the Planning Board and it is in its preliminary stages so that the Environmental people know it is receiving con- sideration by the board at this time. Mr. Raynor: Have you thought of making it a one-way street? Mr. Schriever: It wouldn't bother me at all. Mr. Cuddy: We will stipulate that seventy-five days that we wouldn't action. We are bound by this. earlier than sixty or expect there would be any Crown Land Lane~.~ Mr. Edson appeared. Mr. Raynor asked Mr. Edson if he had gone to the Board of Appeals and Mr. Edson said it was to use the barn as a studio. Mr. Wickham: You would presumably use that barn as a studio and still have a dwelling on that lot. A barn is an accessory use. Mr. Edson: The person who is interested in the barn does not now contemplate putting a home on it. Mr. Wickham: Action by the Board of Appeals does not change our concept that this is an accessory use. Suppose we talk to the Board of Appeals. If you say you feel there would be no objection, could we say there should be no house on there? Mr. Edson: But you have no objection to anyone using it in the future as a home. Planning Board -7- April 21, 1975 Mr. Wickham: We have been told that action by the Board of Appeals legalizes a use and we, the Planning Board, must say this is a legal use for a barn as an accessory building. Therefore, people could build another house there because this is an accessory building. If he wants to convert that one, I have no objection. Give us a statement that can be filed with the map that there can be no more than one resi- dential building on that lot notwithstanding any action by the Board of Appeals. It was noted that the surveyor's stamp was not an the map and that will have to be gotten before the map is filed. Soundview Acres at Orient. Richard Cron, Esq. appeared. Mr. Wickham read the following letter under date of April 21, 1975 addressed to the Planning Board: Gentlemen: I approve of the drainage on the revised preliminary map of March 28, 1975. (Soundview Acres at Orient) /s/ Raymond C. Dean Supt. of Highways On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED to advise the developer to proceed with the preparation of the final maps for the subdivision known as "Soundview Acres at Orient". Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe and Raynor. Werner Adel~ Jr. minor subdivision. Mr. Cron appeared. Mr. Cron presented a copy of the filed covenants and restrictions as to no further subdivision of this land and requested that the map be signed as agreed to on the approval of this map. N & E Associates. Gary Olsen, Esq. appeared. Mr. Raynor had checked the need for highways in the area and reported that any more access on this particular subdiv- ision would not affect any other property. Mr. 01sen presented an executed original copy of the covenants and restrictions not to further subdivide this property and requested that a hearing be held. Plarauing Board -8- April 21, 1975 Oregon View. Gary Olsen, Esq. appeared. On motion made by Mr. Raynor, seconded by Mr. it was Grebe, RESOLVED that the Southold Town Planning Board approve the location of the trees in the subdivision known as "Oregon View Estates". Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe and Raynor. Garelle minor. Gary Olsen, Esq. appeared. There was a question from the county about how the developer was going to handle the run-off water from the subdivision so that it didn't go into the creek. Mr. Olsen said they would do nothing because where the proposed road is located there is no way it will create an unnatural condition as it is so far back from the creek. A letter will be sent from the survey, Young & Young, to this effect. Rimmler & BabcOck. Gary Olsen, Esq. appeared. Mr. Olsen presented six copies of the proposed subdivision into two large lots. He was asked if they would want to resubdivide and Mr. Olsen said they probably will. The Board told him that would make eight lots which would not be a minor subdivision and wanted to know what they will do with the adjacent property. James Dean. Gary 01sen, Esq. appeared. Mr. Olsen discussed two subdivisions of Mr. Dean's property. He presented one copy of a tentative map of the property to the west of "Downsview" which Mr. Dean will divide into two lots and talked about a three lot subdivision to the east of "Downsview" which includes Mr. Dean's homestead. Julius Zebroski. Mr. Zebroski wants to sell topsoil from a proposed road to builders across the street from his property. The Building Inspector told him he needed permission from the Planning Board. Mr. Wickham explained to him that we would have to see profiles of the roads before this can be done. Planning Boar~ -9- April 21, 1975 Sled~eski minor. Rudy Bruer, Esq. appeared. The map presented does not show the right of way of Rose along the westerly side of the property. They are endeavoring to change this right of way to use the thirty-foot right of way in the center of the property. Mr. Bruer requested that the map be placed on the agenda for a public hearing. Mr. Raynor reported that he had spent three days in Hauppauge as a witness in the Norris litigation. He reported that he spoke with several people and Henry Moisa was praised very highly for the work he has done on the farmland acquisition committee. Sound Road Estates. Steve Tsontakis appeared. Mr. Tsontakis: We are proposing 25 building lots. It will have community water supply from the north. The water mains are up to the northerly border and it is just a matter of extending the lines. Mr. Raynor asked him if he had thought about clustering and Mr. Tsontakis sa~d they had drawn up a cluster and it looked terrible. Mr. Raynor saw a drainage problem. Mr. Wickham said regulations say that the water must be disposed of on the property. The boundaries of the subdivision will have to be amended to exclude the lot that was set aside as an exchange for a recharge basin in the development to the north. He was told to include the two parcels under single and separate ownership in the subdivision. Mr. Coyle made a motion to approve the minutes of the meeting of March 31, 1975. Mr. Grebe seconded the motion and it was carried. Peconic Knolls. Mr. Steve Tsontakis appeared. Mr. Tsontakis presented six maps which are revisions of this subdivision, It was agreed that a meeting should be held with the Town Board, Board of Appeals and Plarauing Board for, among other things, the possible change of the zoning code from cumulative to noncumulative zoning. Planning Boar~ -10- April 21, 1975 The next meetings of the Planning Board will be held May 5, 1975 and June 2, 1975. Cro~na Land Lane. On motion made by Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED to hold a public hearing on the final map of the subdivision known as "Crown Land Lane" subject to the receipt of a covenant from Mr. Edson that there will not be more than one dwelling on lot number 19. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe and Raynor. On motion made by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that topsoil cannot be removed from the property owned by Julius Zebroski nor a map filed for a minor subdivision unless the road is built to town speci- fications. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe and Raynor. A letter was directed to be written to Mr. Zebroski telling him that our records indicate that he made two sales of property in 1974 and as yet there is no record of a sale to Gonzales as he stated. Lots B & C as shown on map only have 100 foot frontage and cannot be sold without 150 foot frontage. A copy of this determination is to be sent to the Building Inspector. Sled~eski. On motion made by Mr. Moisa, seconded by Mr. Grebe, it was RESOLVED to hold a public hearing on the map of the minor subdivision of property of Peter Sledjeski. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe and Raynor. Werner Adel~ Jr. The Board discussed this minor subdivision and would Planning Boar~ -ll- April 21, 1975 like to spend a little time exploring the possibility of Werner Adel, Jr. reaching an agreement with Alma Suter so that in the long run the eighteen foot right of way can be extinguished. On motion made by Mr. Moisa, seconded by Mr. Grebe, it was RESOLVED to authorize the chairman to sign the map of the minor subdivision of Werner Adel, Jr. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Grebe and Raynor. On motion made by Mr. Grebe, seconded by Mr. Wickham, it was RESOLVED that William Schriever be requested to send twelve copies of map of subdivision of property in Orient marked sketch plan showing road with cul-de-sac or loop road instead of connecting with Village Lane. Motion was carried. Motion was made by Mr. Coyle, seconded by Mr. Grebe and carried to adjourn the meeting. Meeting was adjourned at ll:00 p.m. Respectfully submitted, Muriel Brush, Secretary