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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