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Home My WebLink AboutPB-03/21/1972 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle Southold Town Planning Board SDLITHDLD~ L. I., N. Y. 119'71 MINUTES ........ BOAR~ Narch 21, 1972 A regular meeting 0~ the Scuthold Town Planni~g Boar~ was held at 7:30 P.N., Tuesday, March 21, 1972, ai the Tow~Offiee Main Street, Sou%hold, New York. There were present: Messrs: John Wickham, Ohai~; Henry Moisa, Vice-Cha~; He~ Ray~or; ~e~W Coyle; Alfred Grebe. Also present: Howar~ Te~ Buiiding I~s~eeto~ VICE--CHAIR~LiN MOISA: It is7.3' 0 P.~., I will. new call this meeting to order. Vtee-Chairms~Noi~a read the legal ~o~ice of hearing as follows:- NOTICE IS H~EBY GIVi~ tha~purs~aat to Seetio~ 276 of the Tow~ i~w, a public hear~g will be held by the Southold To~ Plan~ing Board a~ the Town Office, ~ai~ Road, Southold~ New York~ South01d Town Pl~g Board ~March 21, 197~ in said Town on the 21sS day of ~aroh 1972, at 7:BO o'clock tl~e evening of s~id day, on the questiom of approval of the fol 1 owing pla~: lo Plat of property owned by Henry L. Fleet, entitle~ "Pequash Acres", consisti~g of ~ parcel of land of 6.161 acres, situated a~Cutcho~e, in the Town of Southold, Suffolk County, New York, a~d boarded and described as follows: BEGINN~;G at a point on the easterly li~e of Fleet's Neck Road~ at the southerly corner of l~d now or formerly of G. Fiore, which point is al~o the westerly corner of the premises herein described; ru~ming thence along the said land of G. Fiore ~ud la~d of the Estate of H~d NorT~ ~6 degrees 2~ minute~ O0 seconds Eas~, ~92.20 feet to the westerly line of Track ~hence along the s~id westerly line of Track South ~4 degrees 42 minutes ~0 seconds E~st ~9BoB6 feet~ ru~ing thence alon~g land of Rynie~ and ~abel the followimg two courses: South 4~ degrees ~2 minutes 40 seconds East 189.1~ feet and (2) Somth 42 degree, s 2~ m~utes O0 seconds Eas~ $8,93 feet to the nortt~erly line of Stillwater Avenue; z~uing thence along the said northerly line of Stillwa~.er Aven~e South 50 degrees 55 ~hmutes l0 seconds West 20.12 feet to land now or formerly of Primavera; ~ning thence along the sai& l~d now or formerly of Pri~avera the ~ollowing three courses ~nd distances: (1) North ~7 degrees 21 minutes ~0 seconds West 66.81 ~eet, (2) North ~5 degrees 37 minutes l0 seconds West 75,00 fee~ ~ud (~) South degrees 19 ~utes 50 seconds Wes~ 328.00 feet to the said easterly line of Fleet's Neck Ro~d; ru~-~uing thence along the said easterly line of Fleet!s Neck Read the following two courses and distances~ (1) North 50 degrees 16 minutes 30 seconds Wes~ 317.71 feet and (2) North' ~5 degrees 28 minutes 20 seconds West ~84.52 feet to the point of BEGINNING. Containing 6 o 161 acre~. The Vice-Chairms~ ~lso read the ~ffidavits attesting its publication in T~he Long Island Traveler-M~tt~tuck ~.~d the Suffolk Weekly Times. ViCE-o?DiIR~ANNOISA: have here ~a ~he fzle ~he Certification ofApprov~ l~em the Health'Dept., dated February 15, 1972. Being that there are no hi~hway~ to~ be construoted¥ we have nothing from the Supt. of Highways. ViC~-CHA!~f~ MOISA: Is there anyone present who wishes to spe~k in opposition to this subdivisio~ Mr. JOh~ Cain. and Mr. ~alter Fried, both of C~ehogue, asked t~ inspee~ the map. No eppositiom was raised. VICE-C~&IR~&AN NOiSA: Is there anyone present wh~ wishes ~o spe~ in favor of this subdivisio~ SIOuthol~ ~el~l Planni~Board -3- ~Jaroh 21, 1972 RUDOLPH BREWER, ATTO~'ET: Yes. i am the attorney aotimg for~. He~Flee~ I would like to repea~ just about every- thing that I said at the prior meeting. And I hereby request that approval be granted to this subdivision. Upon inspecting the map, He~y Raynor observed that there were no topographies shown on the map. PETER HELENgKi, Cutcho~ae: If this subdivision is approved, what lype of constr~ction will go on the lots? VI CE-~r~LiI~IN: ~ .~ ~HEL~S~i: VICE-0HAIRN~.N: Are yea referring to the type of zoning?. Yes. It will be residential. RB~0LPH B~ER, ATTORN~: It will have to eonform with the requirements of the Zoning0r~i~_~ee. PET~L~ HEL~:~SEi: Wil~ it be m~ltiple dwellings or apartments? VICE-CHAIRIi~I: It will net be ~liple dwellings or apartments. It will be one family dwellings only. Discussion was held in reference to there being no.: topographies on the map. CHAI~LiN: In view of the fact that there are no highways to be constr~.cted d~u this subdivision, I will make a motion that the provision for topographies be waivered. Om motion by ~. ~iekham, seconded by Nr. Ccyle, it was RESOLV~ that the Southold To~aPlanRingBoard waiver the requirement for topographies to be ~shown on the final maps of the proposed ~abdivision to be k~own as ~Pequash Estates~, property situated at Cutchogae, New York, owned by Henry L, Fleet. Vote of the Board: Ayes: Nessrs: Wickh~_w% ~oisa, Raynor, Coyle, Grebe. On motion by N~. Raynor, seconded by Nr. Wickham, it was RESOLV~ that the Southold ~ow~Pl~uimg Board table determination on the above described proposed subdivisiom for f~ther deliberation of the Board. Vote of the Board: Ayes: Nessrs: Wiokham, Noisa, Raynor, Coyle, Grebe. Southold Town Planning Board -4- ~Y~aroh 21, 1972 Irving ~. Price, Attorney and ~r. Walter Uhl appeared before the Pl~.~ing Bo~rd i~ response to the Planning Bo~rd's letterer F · ebruary 8, 1972 regarding the subdivision"Orient-By-The-Sea, Section". The Chairman read the Ptar~ing Board's letter of February 8, 1972 to Nr0 Uhl. THE CMAIP~: With reference to your letter of J~nu~ry 28, 1972, the informatio~ieh you state in this letter is erroneous. We did not waiver the Derformance bond, we gave you 90 days to post a perform~uce bond. We have learned a lesson since that time, we don't approve a subdivisiom~nlems the roads are completed or a performance bend is accepted by the Town Board. ~e Ohairm~ read the Pl~uing Board's letter of October 5, 1961 ~e the Southe~d Tow~ Board advising them that final approval was granted ,n the basis that if dedication of ~the highways to the Tow~ of Southold i~ not completed within 90 days from this date, a performance bond will be required for their comple~ion. ~he Chairman re~d letter of June 6~ 1961, received fromm. Ukl's ~ttoZ~ey, George A. ~c~amm~, Jr.~ co~¢erning the amount of the performance ~end. The Chairm~ read the Planning Board's letter of J~ue 12~ 1961 to ~. Uhl ~o~cerning the location of the road to the Sound~ The 0hairman read the Plamuing Bo~rd's letter of December 28, 1960 requesting advice on the procedure ef performsnce bond~. The Ch~irm~m~ read letter of DeCember 9, 1960 received from ~oodhollew Prop., Ino George E. B~Shmann, concerning ~' ~ '~ .- the m~s~all~tmo~ of ~ecessary roads ~d improvement~ud dates for completion of s~e. North Sea Drive and Sou~dview Road are the only two ro~ds that have been completed and dedicated to the Town. The Ch~irma~ read the Plaguing Board'S letter of June 2~, 1961 to George A. Jr., ~ttorney concerning the performs~ce bo~d. At the time of the~heari~gin 196t~ the total perforce bond was set ~for $$1,600.00, if North Sea Drive ~ud Soundview &venue were accepted by the Tov~prio~ to the issuance of a perform~ee bond the estimate for the total rema~ing work would be $23,$00.00. On ~arch 23, 1962 the Planning Board sent letter to George ~¢N~ Jr. advising him that a performance bond had not yet been costed for the completion of the roads in "Orient-By-The- Sea, ~ection2" in compliance with the Highway Specification. THE CHaLICeS: Your first attorney was Frolich. As I recall, he advised you that the Town could not require certain~ things ~u, e took it up with the Town Attorney who advised us that we could. In view of what B~s happened~ it appears t~t you have not been very cooperative. ~. UHL: I thimk wha~ you are referrinE to is the 100 ft. going to the Soun&~ In regard to the performance bond. 'We ha~ not received any correspondence from you since 1961-1962, up u~tit the time that we received this letter from you several months ago~ We have no objections to posting a perforce Southold Town Pl~n~ing Board -5- N~rsh 2t, 1972 bond. We just were not aware that a performance bond was required, our attorney did not advise us of this requirement° T~E CHAiRmAN: Your bigges~ problem is the fact that this is ne~ a~ approved subdivisioE, u~der the ~resent Zoning Ordinance. ben the Zoning Ordinance was. amended ~here~ere about 6 or 8 subdivisions which were not included on the approved list because of m~uy factors. One factor being that these roads were not completed or bonded. You have a subdivisioH~ but notching has been done. You did not somplete the required roads a~d improve- ments ~d you did not submit a perforce bond for them. Also you did not sell the necessary percentage of lots as required or reeommemded by the Sk~ffolk County Health Dept. They say that the Tow~ is ~llowed to,review ~ subdivisiem if a cer~m.~ number of lots rema~ unsold. You did no~ meet the~sT~zd~ds which were rose-mended to us by the County. The require~ perform~.~¢e bond has not bee~posted ~ud we have instructed the Building Inspector not to issue a~y building peri, ts on lots in this sectio~ of your subdivision. ~HE OHAiRNAN: ~e h~ve asked you to come down here, ~r. Ohl, because this is not an open and closed case. This is not an approved subdivisio~ On the other ha~d, some of these 'roads were constructed and dedicated amd there is no reason that this p~r~ of the subdivisioE ea~ot be accepted. However, the rem~inimg section that is not finished is another story. ~e m~ght reoommemt to the Town Bo~rd that the p~rt of the subdivisio~on the dedicated highways be accepted, but this is ~s f~r as we cam go. This mea~s that yo~ will not only have to meet the 40,000 sq. ft. requirement, but also the h~ghway specifications. ~E. UHL: I don't ~ntend to increase the lots to 40,000 ft. I never received copies of ~y correspondence with the Tow~ from~y'lawyer a~d I was not aware that a performance B~nd was required. iRVING~I~. PRIOE, JR.~ ATTOP~IB~: I am an attorney at law with offices at 232 N~in Street, Greenport~ N.Y. ~. Uhl~ is appearing ~ere tonight in response to two letters written by Mr. Jo2mWiek~am, ~irman of the Southold To~ Pl~-~g Beerd ~ted J~ l~, 1972 ~d Peb~ 8~ 1972. A re~omse to the firs~ letter w~s sent by ~r. ~l o~ d~e of Jan~a~ 28, 1972. ~e~b~jeet~tter~ as sho~by these le~ters~ is a s~teme~ B~Nr. '~i~ to the effee~ t~ if~. ~-dees mo~ appear at the Pl~g Be~d meet~ o~Peb~ 7, 1972 ae~mem.~ o~d be e~en ~o n~lify the sub~sio~: ~e ~p to approved subdivis±o~. As to the 1971 Zoning O~ce of the Town of Southold wherever, certain subdivisio~lots amd m~ps were excepted from the provisions· of the 1971 monmn~ * ~ ~ 0rdin~uce, we Southold Town Planning Board -6- Nareh 21, 1972 ~l of the mpproved subdivisiom m~ps, but specifically to tkat of' Marion I~anor which was filed before the Town had a~y Zoning 0rdin~uce_at all. This s~bdivisio~, was grouted ~pprov~ from the Town Board, and i~ther exoeoted from the 1971 Zoning Ordin~oe~ and it never complied~with .any Zoning Ordinance im~ the Town of Southold. I call attentio~ to the faa~ that the map of ~'0rient-By-The-Sea, See. II was approved by the Southold Tow~ Pl~uning Bo~rd on October 3~ 196t. As te the fae~ that no performance bo~d has been posted, we regretfully s~hmit that the correspondence from the Planning Board to the former attormey was not received by the applicant. ~e czll attention to the letter writte~ to the ~nairm~ by ~r. Bus~arnm asking that cer~a~ requirements be waivered because they were going to farm the l~d. This letter was never ~mswered by the Planning Board. Also, from ~he letters read, no amount for a performance bond was ever set. There w~s a letter which contained an esti~m~te by the ~ow~ E~g~-~eer and suggestion that a proposal be submitted, but nothing was ever done on this matter.- I~stly, some of these roads have been const~cted and dedicated, and the remainder of' them are under contract to be completed. THE' OHAI~: Although correspondence was with the attorney, George A. Ne~nn, Jr., on date of'October 5, 1961, a copy of this letter was sent to ~. ~alter Uhl. The Chairmm~ read letter of October 5, 1961 which stated that the Seuthold Town Pla~g Board had passed ~ resolutiom zt their meet~ug on October ~, 1961 granting approval to ~'0rient- By-The-Sea, Sec. II" on the basis that if dedication of the highways to the To~ of Southold is not ~Completed within 90 days from October 3, 1961, a performauce bond for their will be required. T~ CHAIP~: From our point of view, we brought to your attention the fact that approval was ~bjeot to the posting of a performs~ce bond. ~R. PRICE: The lots were not sold anyway, if the roads had been completed at tha~ time~ they would not have beck, accepted for dedicatio~by~the Town because they did not have the required amount of ~ssesse~ v~lua%ion. same date of Septem~ber 24, ~97t (shortly after the posting of the notice of hearing for '-t~he ~e~dmen~s to theZZoning Ordinance) So~thold? NH, UHL: Yes, I do. Southcld To'~Pla~n~i~g Board -Vt ~tarch 21, 1972 T~M C~L6IP~D2~: You realize that your problem'lies with the Town Board, not the Planning Board? The Planning Board h~s no authority to alter or waiver ~.uy of the requirements of approval~ ~IR. L~HL: B~t the Planning Board se~ the requirements. H~Y RATNOR: The standards were Jointly set by the Town Board and the Pla~i~g Board. ~q. PRICE: ~Vhen you have one subdivisio~map in theTo~a~ of Southold tha~ never complied wi~hany Zoning Ordinance, and them you take ~his subdivisiomm~p ~nich was ~oprovedunder the Zoning 0rdinanoe in 1961 SA~d except it from the present Zoning 0rdin~ce, I say this is discriminatory. I know'~'that the s~b- divisio~ map of M~rion ~ianor was not approved under any Zoning Ordinance because I filed the m~p a~d there were no specifications. ~RY RAYNOR: Do you feel very strongly that the $0,000 sq. ft. requiremen~ would entail substantial hardship? PRICE: Yes, I do. H~RYP~_~NOR: 0nwhat basis? ~Lq. PRICE: It would be a fina~cia~hardship. This is an investment, it would mean less lots. PJ3~TR¥ ~YNOR: ~r. 5%1, most of these lots in Section II were laid out i~ 20,000 sq. ft., do you feel that it would be a hardship if ~ou went to $0,000 sq. ft.? ~. UML: Yes, I do. I feel that it wo~]d be a tremendous hardship. ~IRYRAYNOR: ~5~a~ is your feeling about the highway specifications? ~. Dq~L: I have contracts for the eompleti0m of the highways. I don t t~k the new wmde.roads are as~nmce loSking as the n~rrow roads, i~y contra?t~ were all iu ac¢°rd~ce with ~is filed m~p. I amwilling to gO along with the wide roads and hi~kway specifications wi~ o~ excep~fon, which is the curbing. I feel that curbimg is H3~R¥ RATNOR: Hove you ever considered forming a small water district i~ this area? MR. UHL; Have you any idea of what that involves? HENRY ~IYNOR: Are any of the prope~y owners in ~hiS area involve~ in your co~oration? ~. UHL: Several of them are. Southold Town Pl~.nning Board I~aroh 2t~ 1972 ~. NOISA: Have you talked to any of the people living in this subdivisio~ as to whet they think of the develooment as a whole? ~. ~: They are living there, they must like it. ¥~. COYLE: }~ost of these lots in SeCtion~I have no houses. How msny houses are there? ~. B/IL: There is a total of 35 houses, about 100 lots have been sold. H~RY I%~OR: ~ould you care to answer why all of these deeds were filed on the same dante? ~k%~. UHL: No,. I don't care to answer that. OHAIP~L%N: As I stated previously, the Planning Board e~m only recommend to the Tov~ Board. We cannot compromise or change anything. ~. PRICE: ~e were informed by the Town Board that this would be considered after the Ordinance was passed. Why were we called here tonight? THE 65L&~: We didm'% think that you realized that this is not an approved subdivisiom. PRICE: V~hat ~vas this letter of February 8, 1972 for? T~LE CHAL~: To notify you t/~at you cannot ~uy lots. But we are selling lots, THE OF~IRSt~M: You ~4ght be selling them, b~t you cannot get any-building permits or certificates of oocupaaoy on them. HA%~RY RAYN~R: I suggest that a motion be made that a letter be sent to the Southold T°wn Board inquiring the status of Wood- hollow Properties, Inc. application in regard to thei~ SUbdivision Sec. ii" being reeonsidered for approval under ~he present Zoning Ordinmaoe. ~motion by Nr. Rayaor, seconde~ by ~r. Coyte, it was RESOLVED that the Southold To~nPls.nninE Board send ~letter See. II" being reconsidered for approval under the present ZOning Ordinance. Vote of the Board: ~.yes; ~essrs: ~mckham, Eoisa, Raynor, Ooyle, Grebe. $outhold Town Planning Board -9- March 21, 1972 Howard Terry advised Th~ Planning Board that he had received an inquiry in regard to the width-of the ri to be improved in the minor subdivisio~ of David L.- , located off north side of Nain (State) Road, East Marion, New Ytrk. The entire width of this right-of-way is 30 feet. New York State Law requires-that at least 15 ft. be improved for passage of emergency vehicles. However, being that this right-of-way is in a ~.nor subdivision, it is up to the Planning Board to set the ~nimmm width for improvement. Nr. ~oisa suggested that a minim~m width of 20 ft. should be paved. On motion byE tr. Wickh~.m, seconded by ~r. Coyle, it was I~SOL~ED that the Southold Town Ptanning Board hereby approves 20 ft. (of the 30 ft. width) of the~righ~-of-way to be paved in the m~nor subdivisionof David L. Gillispie, located offN/S ~in (State) Road, East ~arion, New York. Vote of the Board: Ayes;- ~essrs: ~ickham, ~oisa, Raynor, Coyte, Grebe. The Planning Board was presented with reused final maps for the ~roposed minor subdivision of Tendler~'~others, property located ~t E/S Ninth ittreet and~S/S Brown Street, Greenport, New York. Upon inspecting this map, the~Planning Board found that the revision had been made in accordance wi~h that-a~ required by the Board a~ their last meeting held on~N~rch 7, 1972. Authorization for the Chairman to sign ~he reprised final maps of this .m~n~or subdivision, upon receipt of such revised maids showing lot # I without the map of Greenpcrt Driving Park printed ou it~ had been~gr~nted by the Planning Beard at the meeti~.g held on ~arch 7, 1972. The revised m~_s (being in accordance with the above requirement) were signed by the Chairman. Attorney~ advised the that the Droper~y was in There was an agreement in the deeds in regard~to ginal right-of-way for a new ri stated that the are nowhaving some With ~he Sledjeski's in regard right-of-way~ q~estioned if a deter~nation has been received from the ~~ffolk County Planuing 0o~ssion on this subdivision~ in regard to the ~esign of the intersection ef Petty's Drive and Southold T~wn Pla~n~Lug Board -10- Nareh 21, 1972 Bight Road~ The Pla~.ing~Board advised him that determination ~s ~ot yet been received. Richard Principi a~d Arthur Derosa of thee Co P. F. I~nd the Pla~ing Board with a re~ised~ of their Horizons,'Sec. I~, property located off N/S ~ddle Road (CR 27), Peconic, N.Y. The revised-map showed th~ development of this D~oper~y from the north side of CR 27 northerly to ~.I. Seward. The revised map ~howed a total of ~9 lots, no lot to eo~tai~ less the~ ~0,~000 sql. of area. ~r. Principi questioned why the~lots on the w~ter- fron~ must contain ~0,000 sq. ft. of area. The Chairman vised him that the Pla~ing Board requires ~ 100 ft. reserva- tion on the water for ~ghway purposes ~nd alme one subdivisio~ lot to be set ~side for park ~d playground are~ for each 50 subdivisio~ lots oontained in the s~bdivision.. The Planning Board requires that ail highways in proposed subdivisions meet the To~ SDeeifications for dedieationo The ~aairman advised them that a request for waiveringmust be presented to the Southold ToTM Board° The Planning Beard has ~o authority to waiver any requirements~ ~he Planning Board advised them to have res% holes and test wells do--eon the proper~y amd send the map to the Health Depto for approval. On motion by Er. ~ickh~m, seconded by ~r. Noisa, it was RESOZVED that the Southold Tow~Planning Board gr~mt. ten,tire approve~l to the revised prelim~aary map of the p~oposed subdivision ~Blue Horizoms", property loeated a~ ~S ~ddle Ro~d ~(CR ~7)~ Pe0onio, New York, a~mhown on ~p by Otto Van ~yl, da~ed February 28, 1972), property located at N/S ~iddle Road ~(ORZ2T), Pe¢onic~ New'York, owned and developed by C. P. F. I~nd Corporatiomo Vote of~the Board: Ayes: Nessrs:- Wickh~m, Noisa, Raynor, Coyle, Grebe. ~les.Raffee, ~Attorney appeared before the~ te the Dropese~ ~u~division nort~ s~de o~Euge~e~.~ RO~, ~tehog~e, New 'York. Ar. R~ffee said that ~r.i ~ean'totd them~that he wO~d ~ot requi~ them to have another ~ece~-road, but he ~derst~d~ tha~. ~an h~s s~ce met with the Plug Board ~d he will r~re them ~o have ~nother Acoeas ro~d. Southold To~ P1s~g Boar~ -ll- March 21, 1972 The Ohairmau advised him that the seeond~a0eess road should be Sedated between lots 14 & 15 ~.~d 21 & 22; i~ed~ately east of the little house out~ide the subdivision. Howard Terry advised · he Plaguing Board that ~alt Silleek is i~terested in developing the property to the ~orih, The Plan~i~g Board advise&Nr. Raffee that there mms~ be 100 f~. ~arn-arounds at the ends of all roads, to be labeled as "Reserved for Possible i~a~t~re Dedication Town Of Southold for Highway Purposes°" The Chairman advised N~. Raffee that the Supt. of Highways does noi approve of round cul-de-sacs. ~ap to be revised by the engineer and presented at future meeting. Ben. js~:~n Orlowski & Sen appeared before the Pt~.~ing Board to inquire the present zoning on his propert~ located at south side of Na~ Read, ~tchog~e, ~.¥. The Chairmau informed him that this property is zoned ~i" Residential ~d Agricultural. ~. 0rlowski presented a preli~iuary sket~ for proposedbusiness zoning to a depth of ~50 ft. ~.~d lay-out for subdivision on property ~O the south. Henry Raynor questioned if this subdivision plan could'be tied in with Chet 0rlowsk~'s property to the east.- ~r. 0rlowski thought %hat this would be possible. The Chairman advised ~fr. Orlowski that the Planning Boar~ would require co~ectiug roads to all adjoining properties. This property is adjacent to the Braun Oyster Co. which is zoned as ~'C~ Light I~dustrial. The Chairman informed ~ir. Orlowski that he must submit an application for a change to the Southold Town,oar&. The final of the ~' prop.er~ Orient, ~ Ne~ YOrk ~gwal~) The~ map areas: # - 3 - · 03 sq. the the property. Preliminary approval was ~e Plauni~g Board.meetin~ held on December 20, 1971 the ~e of 0.~.' RingWald~ This mae has been granted approval by the Health Dept. o~ date of Ear~ 16, 1972 audmaps were signed by Herbert W. Da~i~s. As adw£sed by the Town Attorney, ~me Planning Board will require that the applicamts sub~t a "Covenant & Restriction", to read am follows: "~hat the premises Southold Tov~n Planning Board -12- ~laroh 21, 1972 or any part thereof sh~ll no~ be further Subdivided." Subject Covenant & Restriction to be in the proper form for recording in the office of the Suffolk County Clerk, smd fee for recording to be collected by the Pls~ing Board. This covenant & restric- tion must also be printed on the f~mal maps. Two (2) copies of ~ormal application a~d applioatio~ fee of $50.00 yet ~o be sub- mitred by applicants. On motion by Bir. Wickbam, seconded by ~&r. Grebe~ it was ~SO~V~T~ that the Southold To~m Pla~ui~g Board grant final approval to the proposed m~uor subdivision of Linda Gorowitz & Judith Barnet~ on property located off north side of ~iain (State) Road. Orient, New York, subject to receipt of the followiRg items: 1. "Coven~.~ & Restriction", to read as follows: "That the premises or any part thereof shall not be further subdivide~.~ To be submitted in the proper form for recording in the office of the Suffolk County'Olerk, and fee for recording to be collected by the Pla~ingBoard. The covenant ~.~d restriction ~st also be printed on the final maps. Two (2) copies ~?f formal application. Application fee of fifty dollars ($50.00) ~. The statement that "All lots must be Sold according to lot lines as shown on this map.~ must also be printed oR the final This motion shall include authorization for the Chaix-~n to ' sign the final maps upon fulfillment of above listed requirements. 'Vote of~the BOard: Ayes: Messrs: - Wickham, moisa, Radnor, COyle, Grebe. James thePl~.a.n~,i~g Boar~ wi~h apre~i~ry Dian ~Or ,$ of Lzt%le Neek Proper~es (~i~o~ - ~ed ~t west. ~ide of ~it~le Nec~-~oad, Cutcho~e, N..Y, ,d map (labeled:as Plum # t)~ed'a to~al Of i~ lots from ~,000 sq. ft, to 55,000 sq. ft. of a~a, with propOsed 50 ft. ~oad located between lots ~,~,5 and 6,~,5'~ The westerly en~ of this proposed :'cad mho ~ a roUnd cul- de,.sa~..:~:TheChairman informe~iro Reeve that the' ~erintenden~ of Highways does not like rottud cul-de-sacs, h~ p ~ers them to be squared off. ~Lr. Reeve also presentedPl~ # 2 for the proposed subdivision of this property. After inspection of this alternative plan, the Planning Board was of the opinion that it was inferior to Plan # 1. The Plmnning Board advised Mr. Reeve that there are Southotd Town Pls~i~g Board -13- ~i~reh 21, 1972 plans for the widening of ~ittle Neek Road and suggested that he reserve ~ feet for pessible furore dedication te the Town of Southold for highway p~s~poseSo This m~ to be forwarded to the Superintendent for his eomme~at~s~ad reoe,~endations. On motion by~. Ray~or, seconded by Er. Coyle~ it was RESOL~ED that the Southold Town Planning Board grant final approval to the prooosed subdD~ision to Be known as '~Pequash Estates~, located a~ E/S Flee~'s Ne,-Read and~V/S Track Avenue, Cutehogue, New York, owned by Henry L. Fleet. Vote o£~the Board: Ayes. ~essrso ~ickha~, ~oisa, Raynor, Coyle, Grebe. The Cha~wJ~die~ated ~he following letter to be sent te the SoUthold TownBoard a~d the Southold Town Board of Appeals ~mreference to ~Orient-By-The-Sea, See~ II": Gentlemen: The condition ~der which the abe~e mentioned subdivision was approved was t~t either the roads were to be ¢onstr~cte~and dedieated, or Bonde~ within 90 days after the ~te of the public hearing zt which final approval was granted. ~ith ~he exceptio~ of two roads, these conditions have never bee~ fulfilled. Up until ~he ti~e of the posting of the notice of the amen~en?$ had not a~d dea~- eared, the eens~rme~ion of the roads has eommenced at less tha~ ¢00 ft. per year. It has taken eleven (ll) years to eonstr~c~ ~,870 ft. of highway. A study of the ~axma~s will show that at the ~ime of the ~osti~g of ~he notice o~ the he~ring for the amendments to the Zoning please find photostat of Tax~p showi~g same. I~ aceordauee, we have i~strueted the ~ot to issue any b~il~d~g permits i~ this area of , and we respeet~lally suggest that the Bomrd of Appeals not grant a~y Southold Town Planm~_w~ Beard -14-- Narch 21, 1972 variances, including approval of access, in view of the fact ~hat this would obviously be s~terfuge. Very s~cerely, ~chu Wiokb~m, Chairmau Southold To~vn Planning Board The Southold ~own Plam_w~ng Board ret petition of Cutchogue, Ne~ of zone and Agricul~ Light Industrial District to ~" I~ultiple certain property located at ~/S Young's A as received from the Southold Town Board tions to prepare an official report defim rammed therein. mewed agar_in the original together with the instruc- ~g the conditions con- This proper~y m. iS ~ituated at Southold, in the Town of Southold, County ~f Suffolks, New York, and more particularly bounded amd described as follows: Wes~ l~2,gO feet ~o a point; rOmning thence So~th I3 degrees 23 ~'~te~ l0 ~eeom~ds ~ast 100.0~ feet along l~dnow or fo.~rmerly of.!~er.~nd la~d now or formerly of A~eret~:to a ~o~; ~~ then~ along l~d no~ or fo~e~ of ~he ~otlow~g two(~) o~ses ~d ~st~oe~: (I) Sou~h 73 seconds East 389.17 fset and (3) South l7 degrees 21 minutes l0 secondS~s~ 9~.21 feet to a point and land now or formerly of ~ong lslan~ Railroad; rur~uing thence ~long laud now or formerly of Lom~ Island Railroad South 70 degrees 30 m~utes 30 secp~ds. Wes~ 53~.~0 feet ~o a po~.i~an~ lan~ now.~r fpr~erly of Graz~an, ~lng ~nence among saiG ±as~ men~ionea ±anmnow Southold Tov~ Planning Beard -16- ~rch 21, 1972 or formerly of Gratt~u North 17 degrees 43 miuutes 30 seconds V~est 636.24 feet to aDp~i~t and land now or formerly o~~ Wi~kowski; r~uing thence along said last mentioned l~nd now ll.80 feet sad (2) North 12 degrees 29 minutes 30 seconds West 537.84 feet to laad now or ~formerly of Charnews; running thence along said last mentioned land now or formerly of Charnews North 70 degrees 05 m~utes O0 seconds Eas~ 484.72 feet and North 76 degrees 22 minutes 20 seconds ~st 567.10 fee% to the point or place of BEGINNING~ · he Pluming Board discussed this proposed 9has'%ge of zone at some length. Howard Terry called te the Boara's attention the possibility of an error in the application. He thought tha~. D~. Z~hlers shouted be applying for ~n ~'N-l" district because they plan some of the buildings for more th~u $ u~its. The ~'~" district restricts a maximum of 4 units per building. I~. ~blers was contacted by telephone and advised of the pre- ceding finding . ~r. ~J~lers stated that this is ~u error, he stated that he would come into the office in the morning to ~mend his application to read "~-l" ~l~ltiple Residence District. On motion by,ir. Coyle, seconded byN~r. Raynor, it was RESOLV~ that the Southold To~vnPlanr~ingBo~r& recommend favorably to the Southold Town Board the ch~ge of Zo~eofrom "A" Residential a~d Agricultural District and "C~' Ligh~ industrial District to "~-l" ~ultiple Residence District o~ the above described property. ~ne property adjoins exist~mg industrial proper~y. It is isolated from single fsmuily residence ~evelopm~nt~ The propert~ is accessible ~o the village. There is public water supply an~ ~ sewage treatmen~ plant is included in the project. ~he project meets the requir~ents ofthe Zoning 0rd~nance, and there is a need for more apartments ~ the vicinity of Southold Vial-age. Vote of'the Board: Ayes: ~essrs: ~ickham, ~oisa, Raynor, Coyle, Grebe. The Pts.~uing Board informally discussed the proposed ~oplioation to be submitted to the SoutholdTown Bo~rd by Gordon'& Lucy J.'Ai~_ns~, Nadeline & Ce~-al Avenues~ Fishers Island, New York, forehange of zone from "A~' Residen%~ial an~ Agricultu_~al District to "C-1~' General Industrial District on property situated at N/E corner of Naaeline Avenue and Central Avenue, Fishers Isl~ud, New York. Nn~. Grebe stated Southold Town Pls~ing Board -17- ~aroh 21, 1972 that he is of the opimion that the "O-l" General Industrial district would be a proper zoning for this property. The Ple~ming Board was presented with preliminary map, ~wo copies of formal application, a~d fee of $30 for the proposed minor subdivision of Joh~ P. G~il~ar&on property located at Belle Hill Avenue, Fishers Isl~ud, New York° The Chairman stated that we must h~ve a statement from ~r. G~illard to the effect that mono of these lots will b~ ~her subdivided. Letter to be sent to ~r. Ge~llard advising him of the required s~atemen~ to be submitted by him a~d also requesting him to forward three (3) copies ~£' final m~p with meets m~d bound~ description for each of the three lots by Oh~udler & Plamer. On motion by ~&r. Grebe, seconded by ~7~. Wickham, it was RESOBVED that the Southold Town Pla~uing Board gra~ to the proposed minor subdivision of John P. property located at Belle Hill Ave~e, Fishers Island, New York. Vote of the Board: Ayes: ~essrs:- ~ickh~m, ~oisz, Raynor, Coyle, Grebe. The following de~erm~atior~ were received from the Suffolk County Pl~un.tng Co~issiom on the proposed ~mend- ments to the Zoning Ordinance (on Town Bo~d's own motion) Parcel I - pre~tses @ New Suffo~, "A~' to "O~' - considered to be &matter for local determination -Parcel I~ - S/W intersection of Wain Road & Aokerly Pomd ~A"toB-1~ L~ne, Southold - considered to be a m~tter £or local determination. Parcel III~- S/E oor~er ordain Ro~d a~d ~ells Avenue, Sou~hold - disapproved. Item # IV. Article XV, Section 1501 of the Zoning Ordinance - considered to be emitter for local determination. SOuthoid To,wa Planning Board -18- N~roh 21, 1972 Received oop~ of notice of extension of approval by the Health Dept. on the subdivision ~Town Harbor~Terraee". Regard- less of t~s extension from the Heallh Depto~ this subdivision m~st meet the requirements o£ the present Zoning Ordinance~ as this ~ubdivision is not included on the approved list of sub- divisions in the amended Zoning Ordinance. Letter received from Gary Olsen, Attorney requesting an extension of the performance bond on the subdivision ~I~urel- wood Estates~. The Plaz~zing Board instructed that a letter be sent to ~ir. Olsen requesting him to appear at the Planning Board meeting to be held o~April 3rd to discuss this matter. Received General Form Statues Tnquiry from the bo~ding comp.~.~y on ~?~illow Point~' subdivision - to be completed and returned. ~ Letter received from Cotey T. Bro~vn, ~st Narion, objecting to the variance application of Peter T. Neyland o~property @ Gardi~e~s Bay Estates, East ~arion~ N.Y. Subject letter placed on file. Corre~p. ondence reeeived from the N.Y.S. Dept.'of Transoortation i~ refereno~ to review' of site plan,,etc, on s~te highways] together wzth requestfor meeting wi~ the Planning Beard. The .Planning: Board i~structed tha~ a letter be sen~ inviting them ~o a~tend our executive meeting to be held o~ April 18~ho Southold ~ow~Plaani~gBeard Narch 21, 1972 Received cop~ of"The New York-New Jersey Netropotitan Area~' Development G,~de, to be placed on file for Plarn~ing Board reference. H~nry Ra~or submitted the followiug report of his f~.ndings on the proposed "A~nexation to Greenport Village~': ~_c%ual Impact iS~e primary criteria for a~exation of property is that the parties involved sko~l~ derive benefit that is in the overall public interest. The proposed annexation~of acres on ~apel I~ae & acres on~ County Route 27 is not in-~ bes~ public interes~.~-The outli~e presented does no~ hold ~ clear block like pattern of con~i property ~exatie~. It is more similar to · he of ~ oo!itical district. The village, ~ pro- posing 2~exatio~ to ~ae-West, lea~es hundreds of acres to the east and eon~igio~s ~o present village boundaries out. Whywasn't thOUght given to those persons and properties that the village.-is geing aroun&, is this in the public i~terest? ~h~t then is the reason? How much research was given to the impact to be felt-by the taxpayers ~n school district l0 when those proposed properties are anuex, d? Is the village willing to compensate the town's taxpayers for this-~dditional burden? How m~ch consideration w~s given to the problems t~t will arise from law e~forcement when there maybe a dispute over what jurisdictio~ town policem~n would have in going through village enforeeme~ ~rri$Ory to ~ge~ to an area under town proteetion?~ This may a~so cause complications for village enforcement officers when the reverse is tr~eo ~o~r~se~r~ed the town and county plam~ui~g boards ~d commisslon~ to' ask questions en s~y pt~s that m~yhave bee~ ~well does thins piec'e meml em~exa~ion fi~ in~o th, de~i~n, by ~he ~i!!age ~hat must already go to the ~own-~ s~pply w~ter for %ts Population. is this inmthe best PUblic in~erest for all part~es? We feel very strongly that this propose& annexatio~ is c~mpletely against the ~blic~s~ It is possibly ~ violation of the ~unicip~ Law. ~eE~neys - Se0~702 ~he~tw~governing bodies involved in am~exation oma'% reach~ agreeme~,~the decision is ~de by the courts. If agreement i~ not reached, this is ~ avenue open ~e both town& village. S~. 705~eari~ng board shal% ~-isten to~ test~mon~ on annexation. _his ~oes not have ~o be in writi~g as stated in the paper. Southeld Town Planning Board ~rch 21, 1972 E-3. Remaining territory m~s~ be reconiraote~ for public services and remainder of township forced to take burden of the ~p~loned tow~ lndeb~e~uess falling tO the prooosed a~exations. 4. In the East-Wes~ Fire ~stric~ the to~n and village have a oontraot-~al agreement for fire protection. The village supplies protection to this area. Removal of this proper~ywill cause a new contract to be negm~iated, leaving a higher t~x rate for individua~ tax payers in the fire protection district because of the cost being spread among remaining property holders. Annex- atio~ should not be considered until this orotectiomfor proper~y owners in this district has been worked ou~t. Sec. 708-1 ~he law sta~es that properly annexed must bear the liabilities aud bonded ~mdebted~ess of their per, ion of property in relationship to the tow~ liabilities and bonded imdeb~ed_uess. SUch debts will fall o~ the vitla~e that is an~eximg this property, once the amount is agreed to by both ~own and village. This ~- deb~edness will include bomdS, sapital notes and other capital improvements with a maturiiy ~ mor~ ihan three years. Sec. 711~&.l Both boards must give au order specifically consenting to annexation. Sec. 712 - 2 Determination on annexation is for ove~m.~ public interes~ ~bcuses on annexing municipality and detriments to remain- ing gover~emt ~i~s. Prooosed~icipal aunexation is not in o~erall public interest where benefit desired was expansion room for m~cipalityupon~which area carved out would a~d a~uexed area would he adversely affected~ City of ~echauicw~31e Vs Town Board of Hal~moem 1969. ~bis in essence seem~ what. the Village of Greenport is trying to do. On motion by,ir. ~Ioisa, seconded by ~Ir. Coyle, it was RESOL~ED that an executive meeting of the S~thotd. Town P!a~uing Board be held at 7:~0 P.~., Monday, ~arch 27, 1972 at the Town Office, ~ain Street, Southold, New York. Vote of the Board: Ayes:- PJessrs: ~ickham, Noisa, Raynor~ Coyle, Grebe. On motion by~r. Wiokham, seconded bye. Raynor, it was RESOLVED that the next regalar meeting o~the Southold Tov~aPlauning Board be held at 7:~0 P.~., Eenday, ~ipril 3, 1972 the To~rnOffice, Main Street, Southold, New York. Vote ef the Board: Ayes:- Eessrs: ~ickham, ~oisa, Raynor, Coyle, Grebe. SoUthold Town Pl~.~ing BoAr~ -21- Aarch 21, 1972 l~e meeting was adjourned At ll:O0 PjA. wi~mm,' d~irma~ Respectfully submitt~ed, , Secretary Southold Town Planning Board