HomeMy WebLinkAboutPB-07/26/1972-SSoutho J Town Planning Boa :d
HDLD, L. I., N, Y. 119'71
PLANNING BOARD
MEMBERS
John Wlokham, Chairman
Henry Molsa
Alfred Grebe
Henry Raynor
Frank Coyle
MINUTES
SOUTHOLD TOWN PLANNING BOARD
July 26, 1972
A special meeting of the Southold Town Planning
Board was held at'7:30 P.M., Wednesday, July 26, 1972,
at the Town Office, Main Road, Southold,~New York.
There were present: Messrs: John Wickham, Chairman;
Henry Moisa, Vice Chairman; Henry Raynor; Frank Coyle;
Alfred Grebe.
Atso present: Howard Terry, Building Inspector;
Raymond iDean, SUperintendent of Highways.
The Planning Board discussed the proposed site plan
for Mattituck Shopping Center with Mr. Thomas Cassella
and Mr. Joseph Cippoletti. Mr. Wickham infgrmed
Mr. Cassella ~nd Mr. Cippoletti that the Planning Board
had discussed this site plan, received July 25, 1972, with
the Health Department and it cannot be approved. It does
Southold To~ Planning Board
July 26, 1972
not meet the criteria of the agreement signed July 19,
1972. Mr. Wickham also informed them that the Planninc
Board has found that the steel work in the building now
under construction amounts to 5,000 square feet more than
is shown on the approved site plan. The Board, Mr. Cassella
and Mr. Cippoletti discussed the original approved site
plan as compared to what was found by the inspection of
the building on Monday, July 24, 1972, showing that the
theatre had 10 feet added on the back and a 15 foot wide
area in f~ont and a canopy and meter box on the A & P
building, adding up to 2,000 square feet extra not shown
on the approved site plan.
Mr. Cassella said he thought Mr. Yezzi had had these
changes approved by the Planning Board and submitted them
to the Building Inspector. Mr. Wickham said they were
still off 2000 square feet and the Board is not going to
be in a positioncof allowing them to get a vested interest.
Mr. Cippoletti presented a new revised site plan prepared
by John Jacobsen Associates and the Chairman marked it
received July 26, 1972. Mr. Wickham stated that the Board
cannot give approval tb this new plan. The plan received
July 25th showed 90% of the water that falls on the parking
field and we will insist on 100%. We are not going to
overlook anything. Right now with this new plan presented
tonight you are well within our agreement. You ha~e to
give us time to follow it up. Mr. Cassella said he was
aware of the 2000 extra square feet but thought Mr. Yezzi
had this approved. Mr. Cippoletti said Mr. Cassella tried
to meet the specifications. There should have been more
inspection in there when the steel was going up. He tried
to do everything you asked. He wants to complete the
shopping center. Mr. Raynor stated that at the last meeting
he knew what plan we were working on, the July 1971 site
plan, and~he knew that there was 50 feet instead of 40 feet.
Mr. Cassella said he was under the impression that this
July 1971~plan included the 50 feet; he assumed all the
buildings conformed with the site plan.
Mr. Raynor said one of the problems the Health Department
raised is~the fact that with the 1/4 inch pitch of you take
sewage lines at finished floor elevation and run it for 200
feet you will runiinto a five~foot drop when you.get outsite.
Mr. Cassella said Mr. Jewell told him 1,/8 inch pitch was
required for the interior not 1/4 inch. Mr. Cassella also
stated the 200 foot distance from the cemetery for the wells
is not required unless the cemetery is existing and-in use.
Mr. Cassella stated that if the Town wanted it he would raise
the buildings back up to the original elevation. Mr. Raymond
Dean (referring to the map received July 26th) stated that
Southold To~ht Planning Board
July 26, 1972
the drainage looks very good. Mr. Terry said the only
thing that is important is that Jewell is satisfied
that the system is going to work.
The Board asked Mr. Cassella and Mr. C~ppoletti
if they would leave for one half hour to give the Board
an opportunity to discuss the matter.
On motion of Mr. Coyle, seconded by Mr. Moisa, it was
RESOLVED that the violations in the structure of the
buildings from that shown~on the site plan dated July 17,
1971, be acknowledged to be caused by the architect and
previous owner and that this Board does not feel that the
present owner should be put to very considerable hardship.
However, the Board feels that some compromise agreement
which would result in a better facility for the Town of
Southold would be in order.
Vote of the Board: Ayes: Coyle, Moisa, Wickham
Nayes: Grebe, Raynor~.
Mr. Cassella and Mr. Cippoletti returned and were
informed by Mr. Wickham that the Board is incli~od to
agree with you and not make you suffer. The Board has
felt that you have been careless and you should, perhaps,
be willing to make some adjustment to show good faith.
(~f~rring to the drawing made by George Fisher) Mr. Wickham
asked what would be involved in taking this strip off
by the movie theatre? Mr. Cippoletti said the building
loan is based on the square footage. It might result in
a rejection of the building loan. Mr. Cassella Said
he did not need the addition but as it is now these are
the plans I submitted for the building loan and mortgage
people, on a square footage basis. Mr. Cippoletti asked
if t~ere was any other way to compensate. Structu~ally
it could create a big problem. Mr. Wickham said although
it will involve a change in the steel work it is not
anything compared to raising the stee~. Mr. Cassella said
it was an entrance into tho theatre and is included in the
design s~bmitted for a per~anent mortgage. Mr. Wickham
said the'iBoard is prepared' to allow y~u to continue building.
If you are in violation wo a~e going to issue a stop order.
We are prepared to accept this map submitted tonight and
we are go~ng to submit this to Young & Young. You have to
submit it to Mr. Jewell. We are going to check the
computations. We are not prepared to accept it without
further study. I want to say you have done a remarkably
good job. Mr. Cassella said everything has been approved
by the banks. He submitted 122,5~6 square feet and the
building loan pe~pte have advanced $500,000.
Southold Tow~ Planning Board
July 26, 1972
Mr. Wickham said we have a couple of other problems.
This new plan by John Jacobsen, the County would prefer
you to put in four we~ls rather than one eight inch well.
One other thing is you could pick up some water that runs
off Factory Avenue. Subdivision regulations say you have
to pick up 200 feet on the road. Mr. Cassella asked if
the Board would reconsider the 600 square foot piece.
Financially it would be a great loss of money. The most
important reason ms not. to get involved with the building
loan and permanent mortgage people. Mr. Wickham said it
happens that this time I have the deciding ~o~e. I am
going to take you at your word. You will submit to us
a detailed planting plan and we are going to say you are
going to make it the most beautiful and the most attractive
shopping center anywhere. We are going to put i~ in as
a condition. There was a discussion about the parking
plan. Mr. Cassella said he was bound in the leases for
the maximum number of parking spaces.
Mr. Wickham said one other thing is you might have
to put sewage holding tanks to pump underneath the building t
to meet the County Health Department requirements. They
may insist on it. Mr. Cassella said the only problem is
the leasees don't want it. In the event that those pumps
fail and water backs up into the store they will hold be
liable. Mr. Wickham said the Board will give them until
Monday to get the site plan approved by the Health Depart-
ment and back to us. You will submit a complete planting
site plan within 30 days.
On motion of Mr. Coyle, seconded by Mr. Moisa, it was
RESOLVED that the Chairman and the Building Inspector
be empowered to sign the plans for Mattituck Shopping
Center upon receipt of an approved map from the County
Department of Health with the signatures of Mr. Villa
or Mr. Jewell, the approval of the map by Young & Young,
.and approval by the Building Department of the computations
of Jacobsen's figures on drainage.
Vote of the Board: Ayes: Messrs: Wic~ham, Moisa,
Coyle, Raynor, Grebe.
Mr. Casse~la said they would do this and return the
map by Monday.
Mr. Wickham said he had drafted a letter to the
New York State Department of Education, Architects Licensing
Division stating that the Planning Board feels that architect
Yezzi should have his license revoked or suspended for
malpractice. Also we want acknowledgement of hhis letter
and notice of the disposition of this matter.
Southold ToQ~ Planning Board
July 26, 1972
On motion of Mr. Raynor, seconded by Mr. Grebe, it was
RESOLVED that the Chairman send a letter to the New
York State Department of Education, Architects Licensing
Division with regard to Mr. Yezzi and recommending
revocation or suspension of his architect's license
because of malpractice.
Vote of the Board: Ayes: Messrs: Raynor, Grebe, Moisa,
Wickham.
Abstention~ Coyle
Mr. Terry presented a survey of property owned
by Baker on Old Harbor Road, New Suffolk, submitted by
William Wickham, Esq. Mr. Terry said Bill Wickham
wanted to know if the Planning Board approves ~f it
before they proceed. The Board discussed the property
and decided that the easement should be extended through
all of the property.
Mr. Terry said there has been an amendment to the
Charter regarding procedures for filing subdivisions
effective January 1, 1973. These procedures will be
mailed to the Planning Board.
The Planning Board received a copy of the Southold
Town Trustees meeting of July 10, 1972.
The Planning Board received the following letter from
Lefferts Paine Edson, Esq., dated July 20, 1972:
Dear Mr. Wickham:
The Equitable Savings and Loan Association of
Brooklyn is under contract to purchase the 160 acre
parcel of land of Fransicso which adjoins the East
End Golf Club on the East. Joseph J. Donovan, Vice
Southold To~ Planning Board
July 26, 1972
President of the bank, is in charge of the proposed
development. He would like very much to have a face
to face preliminary discussion with you about the phases
of the development prior to his ordering any serious
survey work.
Mr. Donovan can be available at any time for a
meeting with you. I would therefore greatly appreciate
it if you wQuld let me k~ow when it would be convenient
for you to have such a meeting.
Thank you very much.
Notification was~received from the Suffolk County
Clerk's Office that the subdivision map of Big Green
Acres~at Cutchogue was filed July 12, 1972.
Mr. Terry presented a proposed subdivision map
of Sawicki at Southold, New York. The Board reviewed
the map and all lots are 40,000 square feet or more.
The Planning Board received the following letter
from F~oehlich & Mahony, Esqs., dated July 14, 1972,
with regard of Woodhollow Properties - Orient-By-The-Sea:
Dear Mr. Wickham:
Thank you for your letter of July 10, 1972. In
accordance with your suggestion, I enclose herewith a
copy of the map that I referred to in my letter to you
of July 7th.
You will note the major difference between our proposal
and'your letter ~ July 10th is that the streets are
preserved. Basically Mr. Uhl proposes to join together all
these lots facing on King Farm Road, both north and south
thereof, all lots on the north side of Uhl Lane and all the
lots on the south side of Park View Lane.
I also enclose a rather rough schedule of the purchase
price proposed for all the open lots existing on the map
together with the proposed purchase price of the combined
lots. These schedules apply to the lots affected by the
Southold Town Planning Board - 7 - July 26, 1972
proposed plan of Mr. Uhl. You will note Mr. Uhl feels
that the combined lots could not be sold for a price
greater than $8,700.00. This wQ~ld result in a lose to
him of $18,400. I wo~ld also like to point out that he
has already spen~ considerable monies on the cutting
through of King Farm Road, Uhl Lane and Andrea Place,
all of which monies would be lost under your proposal.
I realize that the map we are submitting differs
substantially from the plan as proposed by the Planning
Board but it is my hope that possibly it offers the
basis of further conversations and possibly something
could be done to reach agreement somewhere in the middle
of the two alternative suggestions. We have done all that
can be done by letter and it might be worth out while to
come out and sitdown with you to further discuss the
problem. I would be available at any time to come and
meet with you and with Mr. Uhl for the purpose of
further discussions.
Very truly yours,
Harold A. Mahony
The Planning Board will review the proposal su2~mitted
by Froehlich & Mahony at the next regular meeting.
The Planning Board received the minutes of the
Southold Town Board with regard to the annexation.
will be put in the annexation file.
They
The Planning Board received the following letter
from the Chairman of the South61d Town Board of Appeals
dated July 13, 1972 with regard to Deep Hol~e Creek Estates:
Dear Mr. Wickham:
The Board of Appeals is of the opinion that Deep Hole
Creek Estates, Mattituck, New York, should be enlarged in
size to 40,000 sq. f~ and that the roads should be
improved to Town specifications.
We are also aware that the Board of Health is
resisting the sale of the northerly lots which are
approximately 20,000 sq. ft. in size.
Southold Town Planning Board - 8 -
July 26, 1972
The Town Attorney has suggested that we write you
this letter.
The lots which have been sold to date are mostly
in the southwest sector. This subdivision was approved
in 1965 but was not included as an excepted subdivision
in the new Zoning Ordinance of 1971.
The Board is reluctant to grant any more variances
in the northerly part of Deep Hole Creek Estates.
Sincerely,
Robert W. Gillispie, Jr.
Mr. Wickham directed the Secretary to write to the
Board of Appeals that the Plan~lng Board is in accord
with them in regard to Deep Hol~ Creek Estates.
The Planning Board received the following letter
from Bayview Development Corp. dated July 12, 1972:
Dear Mr. Wickh~m:
I have been informed by Mr. Terry that you expected
us to attend a meeting of the Planning Board two weeks
ago. Unfortunately, Mr. Terry indicated that you site
plan would be reconsidered at that meeting, but did not
make it clear ~o me that our attendance would be required.
I, therefore, apologize for any inconvenience that our
absence may have caused the'Board and trust that we can
take up the matter again at your earliest convenience.
Last night I attended the Public Hearing relating to
our application for a rezoning of 46,000 square feet of
our property adjacent to Bayview Road. At that Hearing
a letter was read from you indicating the Board's
recommeddation that the rezoning be disallowed.
We desire the rezoning for two reasons:
It eliminates the complication of returning to
~he Appeals Board to get a variance to allow us
to cross the 200 feet strip with diiveways; and
~2. It will enable us to renovate the existing motel
building into a more reasonable number of units.
Let me point out that a failure to obtain this rezoning
will have no effect whatsoever on the number of new buildings
Southold Town Planning Board
July 26, 1972
we intend to c~nstruct (i.e. five buildings of 6 2 bedroom
dwelling units). In addition, it will have no effect on
the total number of residents that might inhabit the
property, since we would then construct larger size units
in the existing motel'building w~ich would accommodate a
comparable number of total occupants.
Given the present area of our M-1 Zoned property (7.5
acres by survey), it would seem that we should be allowed
to build a total of 37 units whether or not we receive
the zoning change. If you recall, we already have agreed
to permanently (as a deed restriction or other covenant)
refrain from constructing dwelling units or other structures
within 200 feet of Bayview Road even if we are successful
in rezoning attempt.
In any case, let me re-emphasize our desire to
cooperate with the Planning Board in any way possible ~hort
of forfeiting our perogative to develop the property in
conformance with the dictates of the existing zoning
ordinances.
If you desire further clarification of our position,
please feel free to.contact us directly. I trust that
we will be able to resolve any remaining differences at
an August meefing of your Board.
Very truly yours,
Richard L. Caplan
President
Mr. Wickham directed the Secretary to write to
Mr. Caplan to come to the next regular meeting on August 15th.
The Planning Board received the following letter
from Stephen F. G~fffing, Jr., Esq., dated July 11, 1972:
Dear Mr. Wickham:
I refer you back to my letter of July 5th concerning
Angelo Petrucci's Permit to dig the canal in 1967, in fact
the work was done, but Mr. Petru¢ci omitted to come back
to the Planning Board for inspection and approval, as
required by. your permit. What we are asking for now ~s a
belated approval of the work actually done in 1967. There
is no new work involved.
Again, If you could help, I would, appreciate it.
Southold Town. Planning Board ~ 10- July 26, 1972
Mr. Wickham instructed the Secretary to write to
Mr. Griffing that the Planning Board will look further
into the matter and answer him after the next regular
meeting.
The Planning Board received the following letter
from Amen, Weisman & Butler, E~s.~, dated July 7, 1972,
with regard to Town Harbor Terrace, Southold, New York:
Dear Mr. Wickham:
As you may remember, the Planning Board granted an
extension until August for the construction of the roads
at Town Harbor Terrace, Southold. The contract was
immediately let to Irving Latham or Orient ~no started
the work.. The roads have been roughed out in that they
have been cleared, however, the inclemency of the weather
has been such that it has not been possible for Mr. Latham
to complete his phase of the work. For that reason it
is necessary at this time, since the contract has been let,
the work started and the money available, to ask for an
extension to complete the same.
Very sincerely yours,
Joseph P. Hoey
On motion of Mr. Raynor, seconded by Mr. Wickham, it was
RESOLVED that an extension of 60 days be granted to
complete hhe roads at Town Harbor Terrace, Southold, New York,
until October 1972.
Vote of the Board: A~es:~ 'Messrs: Raycom, Wickham,
Coy!e, Moisa, Grebe.
Mr. Terry presented a map of property of High Qulnn
at New Suffolk. Mr..Quznn wants to change the entrance
for the right of way fr~m Fifth Street to Jackson Street.
On motion of Mr. Raynor, seconded by Mr. Coyly, it was
RESOLVED that the right of way on the property of
Hugh Quinn be changed so that the entrance i~s on Jackson
Street.
Vote of the Board: Ayes: Messrs: Wickham, Coyle, Raynor
Moisa and Grebe.
Southold T6Wh Planning Board - ii-- July 26, 1972
The Planning Board discussed the proposed subdivision
of Isidore P. Krupski. It was decided that when a cash
payment is made in lieu of park and play ground it should
be put ina special fund and designated for the area.
The payment would be based on one lot per fifty and
depending on the price of the lots. The Board will decide
on comprable ~ales in the area. The Board set $2500 as
the payment in lieu of park and play ground for the
subdivision of Isidore P. Krupski.
The Planning Board received an application for a
Change of Zone for property of Lillian Pell at Greenport.
On motion of Mr. Coyle, seconded by Mr. Moisa, ~t was
RESOLVED that the application for change of zone
made by Liltian Pell be held over until the next regu~&r
meeting on August 15, 1972.
Vote of the Board: Ayes: Messrs: Wickham, Coyle,
Moisa, Raynor, Grebe.
On motion of Mr. Raynor, seconded by Mr. Coyle, it was
RESOLVED that the next regular meeting of the Planning
Board be held at 7:30 P.M., Tuesday, August 15, 1972, at
the ~own Office, Main Road, Southold, New York.
Vote of the Board: Ayes: Messrs: Wickha~, Coyle,
Moisa, Raynor, Grebe.
On motion of Mr. Grebe, seconded by Mr. Moisa, it was
RESOLVED that the minutes of the July 6, 1972 and
July 10, 1972 meetings of the Planning Board be approved.
Vote of the Board: Ayes: Messrs: Wickham, Raynor,
Moisa, Coyle, Grebe.
Southold ~Town Planning Board - 12 -
July 26, 1972
The meeting was adjourned at 11:30 P.M.
Respectfully submitted,
Terri Lee Elak, Secretary
Southold Town Planning Board
Jo~! Wickham, Chairman