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HomeMy WebLinkAboutPB-11/21/1967Southold Town Planning Board SDUTHDLD, L. I., N.Y. 119'71 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe William Unkelbach Frank Coyle MINUTES SOO'THO.T..xO TOWN PLANNING BOARD November 21, 1967 A regular meeting of the'Southold Town Planning Board was held Tuesday., November 21, 1967, at the Town Office, Main Road, $outhold, New York. There were present: Messrs: John Wickham, Chairman; Henry Moisa, Vice Chairman; William Unkelbach, Alfred Grebe, Frank'Coyle. Also present: Messrs: Otto W. Van Tuyl, Consultant; Howard Terry, Budding Inspector, Lawrence Tuthill, Cnnstruction engineer. Mr. Rene Gendron and James Olsen appeared before the Planning Board with a revised map of Vista Bluff at Cutchogue, The number of lots was reduced from 13 lots to 12 lots. The Board of Health ruled that no lot shall have less than 18,500 square feet of area. The turn-around circle was revised so that lot number 4 will have 100 feet frontage on a straight course. The Chairman noted that the contours were not shown on the map. Mr. Van Tuyl stated that the land had been graded up to and including the circle and a little beyond that point. Mr. Van Tuyl also stated that the existing conditions on this preperty were unusual; it's hard to give the lots frontage on the turn-~oundo Someone suggested that Glen Court be moved closer to the bluff, but if that was done there would be no building site left. The elevation at that point is about 68 - 70 feet. It was noted that"this subdivision contains only 12 lots on eight acres~ Of Southold Town Planning Board -2- November 21, 1967 The~Chairman read the following letter from the Superintendent of Highways: "The Planning Board, Town of $outhold, Southold, New York "Gentlemen: "I have inspec~d the map and disap~ove the layout of the road at Vista Bluff. This road will have to be graded to the level of and connect with Duck PointRoad. "Very truly yours, /s/ Raymond C. Dean, Sup't of Highways." Mr. Gendron stated that the requirements of'the Superintendent of the Highways had been worked out. The Chairman then read a conflicting letter from the ~uperintendent of Highways. "The Planning Board, Town of Southold, Southo]d, New York, "Gentlemen: "I have inspected the map and disapprove the layout of the road at Duck Point Road. This road will have to be graded to the level of and connect with Vista Bluff. "Verytruly!ours, /s/ Raymond C. Dean, Sup't of Highways" Mr. Gendron stated the only thing the Superintende~of Highways is requiring is that the road in Vista Bluff'connect with the road at Birch Hills. Mr. Gendron stated he was agreeable to this, but approval had to be obtained from the developer of Birch Hills. The Ch~rman advised that the map filed by Birch Hills shows the road going right up to the pro- perty line and road in Vista Bluff, thus making it mandatory for the two roads to connect. If Birch Hills isn't willing to go along with this, the Town can insist'on it being done. On motion by Mr. Wickham, seconded by Mr. Unkelbach, it was RESOLVED that Vista Bluff, owned and developed byRene Gendron, be approved for a final hearing, subject to the question of the connection of the roads being resolved. This property is legally bounded and described as follows: Southold Town Planning Board -3- November 21, 1967 Ail that certain plot , piece or parcel of land situated, lying and Deing at-Oregon North, in the Village of~Cutchogue, Town of Southold, County or, Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwest side ofDuck Poinh~Road where the easterly line of Map of Birch Hills at~Cutchogue, Map $ 4908 intersects the said Northwesterly.side of-Duck'Pond Road and from said point of beginning; r~nning thence North 39o 00" West727.0 feet to the o~dinary highwater mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound, North 60° 42' 20" East 15.22 feet to land of'Vincent; thence along land of Vincent the following three courses and distances: 1. South 39° 000" East 255.0 feet; 2.North 60° 42' 20" East, 100.0 feet; 3. North 39© 00" West~255.0 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound on a tie line of NOrth 60© 42' 20" east 630.39 feet' to the westerly side of Duck~Pond Road; t~ence along the westerly and northerly side of Duck~Pond Road t~e following three courses and distances: 1. south 19© ~7' 30" East 430.0 feet; 2.- south 31° 27' 30" West 188.92 feet; 3. South 33° 04' 00" west 432.94 feet to the point or place of beginning. Vote of t~e Boar4: Ayes:- ALL Lefferts P. Edson, Esq., and William Wickham, Esq., appeared before the Planning Board in re~ard to Peconic Homes, Section II, and the right of way which runs through there. WILLIAM WICKHAM,ESQ.: We take no position as far as the map is concerned. Our only'point is to straighten the record. Mr.. Axien and several others have a right of way which runs throb the easterly portion of the map. Thereis however, a clause in an earlier deed which says this right of way shall terminate at the nOrtherly'point of the property at such time as public highway is used. There has been a little bit of mis-understanding on Mr. Axien's part, On the original map the road came up the entrance and went both sides, as a result of%hat the right of way was extinguished. LEFFERTS P. EDSON,ESQ.: My understanding was Miami. Avenue has never been made a public highway. WI~IAMWICKHAM, ESQ.: It was not a public road, and this was not extinguished. If this is dedicated as a public road, Planning Southold Town/Board -4- Nov~aber 21, 1967 out'right of way that comes down here does not touch this point. In order f~r this to be ext-inguished wewould have to have right of way running into this road. THE CHAIRMAN: Has the right of way been defined? WILLIAM.WICEHAM~ESQ.: As far as this property is concerned. THE CHAIRMAN: It doesn't define the right of-way in the nc~therly area. MR. VAN~TUY~: It hasn't been filed by metes and bounds descriDtion. ~R~.' AXIEN: It is described together with a right of way 25 feet in width over the existing road, and we miss touching that about 15 feet. It's very close. WII~/AMWI~,: ESQ.': As long as it is understood that if this Pad is dedicated our'right of way will be extinguished. THE CHAIRMAN: ~ointing to themap) Who owns this pr operty? WILLI~4WICEHAM, ESQ.: Mr. Smith's sister owns that,/ order to get this right of way here this will have to be ex~nguibt~ed. Tn THE CHAIRMAN:' SO, it is up to you. LEFFERTS P.' EDSON,ESQ.~ There is no problem. Thisis not a correction o~ the record, it is just a confirmation of the reo~rd. THE CHAIRMAN: I asked for the map back because we will have to resign it for two reasons. The 0~ginal map showed the ~ight of way, and we appreved it at 12½ feet, and the deed calls for 16½ feet. MRj VAN TUYL: I wasn't here when this came up, and a note was left to put on the map 12~ feet'right-ofway. We changed it to 16~ feet, but neither of the maps have been approved with the right of way on them. THE CHA~: We approved the map with the restriction the right of way would have to be put on it. The County-Clerk refused to accept the map because of the duplication of lot Southold Town Planning Board -5- November 21, 1967 WILLIAMWICEPIAM,E~Q.: It's important that the right of way will have to be shown, but it can't be extinguished until the road is dedicated. ~R.' VAN TUYL: Even then, this as lay-out, doesn't touch the right~ of way. You have to get right of way through that. MR.' UNKELBACH: You can extinguish that right of way by a quit claim deed. If you could it would take care of the · ~ur people on it. W~v~IAMWTa~HAM, ESQ.: When it is dedicated, if you want quit claim there will be no problem. THE CHAIRMAN: All we have to do is settle this difference of opinion. LEFFERTS Pj EDSON,ES~: There is no difference of opinion. WILLIAM WICKHAM', ESQj: Except that we have to have continuation of this right of way. MRj AXIEN: Has Mr. Smith arranged to get the property from his ~ster. LEFFERTSPo' EDSON~ESQ'.: He said there is no problem. MR. MOISA: You will draw up some legal instrument on that? LEFFERTS P: EDSON',ESQo': Yes. He~ry will have to get from the northerly end of the road to the right of way. MR. UNEELBACH: One more question Mr.~ Wickham, you talk ab°~tMr. Smith getting right of way fromhis sister. That won't be sufficient to the rest of the people. WI~.LIAMWICKHAM,ESQ.: Fir. Smith will get the right of way from his sister for all these people. MRj MOISA:'When this is drawn up may we have a copy for our records? LEFFERTS P. EDSON',ESQj: Yes, of course. THE CPL~IRMAN: Are you in a hurry for this map? LEFFERTS P. EDSON', ESQ.: Yes. Southold Town Planning Board '6- November 21, 1967 THE CH~: Get us a letter on this right of way. T~FFERTS P. El)SON',ESQ.: I don't think the agreement is a necessary requirement for you to vote on this map. We agree there is right, of way. We can take care of it this way but it doesn't have anything to do with the filing of the maP. THE CHAIRMAN: I agree with you. There is no problem about it. I move that the mappresented as corrected as requested by the C0untyClerk and others be approved for refiling. MR. UNKELBACH: This can't be approved if'the right of way encroaches. THE CHA~: The right of way is shown there. WILLIAM WICKHAM, ESQ.': It is a legal pro~m, but I don't know if it has any bearing on you approving it. I thi~k you can approve a map if the owner is on it. On motion by Mr. ~ickham, seconded by Mr. Grebe, it was RESOLVED that the map of Peconic Homes, Section II, located at Peconic, in. the Town of-Southold, County of'Suffolk, and State of New York, owned and developed by HenrY j.v Smith, be re-approved as corrected as requested by the Suffolk'County Clerk, as to the requirement for the renumbe~ing of'the lots and as to the width of the right of way. The words "Notused" appearing on the fight of way, shall be removed before the map is filed. Vote of the Board: Ayes:- ALL WILLIAM WICKPL%M,' ESQ: I would like to make one more remark on that. There is some question on the right of way not ~ng used. It has been used. MR. VAN TUYL: We saw that it has not been used. We didn't mean that it has never been used. It is not'used at present. ~It was agreed by all that the words "not used" shall be moved from the ~ right of way , and this shall be made part 0f the requirement for refiling the map, and part of the resolution.) Southold Town Planning Board '7- November 21, 1967 Mr. Lefferts P.~ Edson, E~q., appeared before the Board in~gard to Village Gardens, Boisseau Avenue, Southold, owned by Benjamin Selvin & Others. Mr. Edson noted that this subdivision had been discussed a year or so ago and at that time the roads were not laid out ~k, satisfactorily and at that time there waa no public water available. The Chairman stated that at that time they had been advised they should acquire some land ~on Middle Road; that it was available at a reasonable price. It was determined that the land referred to was still available to be purchased. It was pointed out that the Superintendent of Highways does not approve the layout of the roads. It was Mr. Edson's suggestion that Mr. Van Tuyl do the map completely over. the Chairman advised that real effort should be made to acquire land on Middle Road for access. Mr. E~son pointed out public water will be availalbe now. Mr, Edson also stated the subdivision has title to the property owned by Teves as shown on the map. The Chairman broughtup the question of parks and playgrou~ provisions. He felt this would be a good spot to requrest cash in lieu of land, since this property is close to the Sound and the Bay, and there is no woods on the property to make a desirable park. The~Chairman advised the'Planning Board will not accept minimum size lots; they want at least 20,000 square feet. The Chairman also advised to obtain land on Middle Road or leave out that portion of the subdivision. It was agreed that a new preliminary map be drawn up by Mr. Van Tuyl, showing all the chRnges discussed. Again a cash in lieu of land for park & playground provisions was discussed. The Chairman felt this would be an ideal subdivision for the arrangement. Aefferts P. Edson, Esq., appeared before the ~lanning Board with a sketch plan for a subdivision on his property located in Bayview, Southold. The plan calls for ten lots on 5~ acres of land. The property a~oins proper'ty of Jordon M. Iserman who has set aside four lots, imme~ely adjacent to Mr., Edson's property. It was the the suggestion of the Planning Board that the road in Mr. Edson's subdivision connect with the road of'Mr. Iserman's. This wouldI provice a continuous "U" loop. Mr.~ Edson stated he'would contact Mr. Iserman to see if this would be po~ble. Southold Town Planning Board -8- November 21, 1967 The Chairman read the following letter: "November 16, 1967 "Planning Board or,the Town of Southold, Southold~ New York. "DearSirs: "This refers to the 9.32 acre parcel of land at Fishers Island which my wife and I have recently acquired from Race Point Corporation. Said parcel is shown on sketch of said parcel made by Chandler & Palmer, a copy of which said surveyors have forwarded to Mr. Grebe. "We also own Reservior~Road which provides access for said parcel through WinthropPrive. "We have no intention at this time of offering any part of the property for sale to the public or preparing or filing any subdi~sion map of said 9.32 acre parcel. "The contract for the acquisition of'such property was made on May 6, 1967. Shortly thereafter, we received an offer from George K.~ Conant, Jr. and Ellen R. Conant, his wife, for approximately 2.50 acres, which is also shwon on said sketch and which we would like to sell to the'Conants. Aceess for the 2.50 acre parcel would be through the right of way'on the 9.32 acre parcel, shown on the sketch, which right Of way connects with Reservoir~Road. The conveyance to the Conants would be by a metes and bounds description~ without'reference to any map or survey. "The' Conants are readyto improve the property. "We purchasedthe property for a homesite for ourselves and inhend to constructa dwelling thereon, perhaps next year. We do not need the entire 9.32 acres and as above mentioned would like to sell a portion thereof. "We have been informed that new subdivision regulations have been adopted and ~at the Planning Board~will consider this a minor subdivision under the regulations and will. advise us whether the proposed sale can be made under all existing'conditions. Southold Town Planning Board -9- November 21, 1967 "While we cannot-understa-nd how our sale to theConants would be subje~ t o the new regulations~ nevertheless, we would like your Board, without prejudice to any of our rights, to consider the proposed sale and to advise us of their require- ments in connection therewith. "We wish to reserve the right to have the parcel or the remaining portion thereof declared an open area development under Section 280A of the Town Law. "Very truly yours, /s/ William B. May, Jr.," The Planning Board l~oked at the maps and discussed the proposal presented by Mr. May. On motion by Mr.. Wickham, seconded by Mr. Unkelbach, it ~as RESOLVED that the following letter be written to Mr. May: "November 22t 1967, William B. May, Jr,, WIT.LIAM B. MAY COMPANY, 14 East 52nd Street, New York, N. Y. 10022 Dear M_r. May: In response to your letter of November 16, 1967, it appears to the Planning Board that if you sell part-of-the shore front property to the Conants, and reserve part for yourself, there will be some six acres left over. It is the experience of the Planning Board on Fishers Island that in a very short perio~ of time this six acres of land will be offered to somebody else, aand theRules and RegulatiOns for theSubdivision of Land will be avoided, and this is not good planning. The Planning Board will insist that you file a minor subd.ivision beforeselling any land. Also the Planning Board has found that every experience there has been.~thC reluctance cf the Fishers Island people to face the abominableConditions of' their'highways, and the Planning Boardhas no intention of letting this go any further. The roads in this subdivision will have to be fifty feet wide and built to Southold Town Highway Specifications, a copy ofwhich you will find enclosed. Vote of the Board: Ayes:-ALL S~uthold Town Planning Board --10- November 21, 1967 The Southold Town Planning Board received from the Southold T~wn Board the original petition of Galileo Valentini and Addie D. Valentini of Fishers Island, New York, relative to a change of zone from"A" Residential and Agricultural District to "B" Business District on certain real property situated at Fishers Island, New York, with the instructions to prepare an' official report defining the conditions described therein. This property is described as following: Ail that certain real property situated atFishers Island Town of Southold, County of Suffolk, and State of New York, and more particularly bounded and described as follows: BEGINNING at a monument at an angle in the northwesterly line of Madeline Avenue, said point b~g 3988.00 feet north of a point whichis 910.00 feet west of another monument marking the Unites Btates and Geodetic SurveyTriangulation Station "Pros", and thence running along ~said Avenue line so~th 83 degrees 42 minutes 30 seconds west 179.83 feet; thence north 06 degreesl6 minutes, 40 seconds, west 93.48 feet; thence 83 degrees, 42 minuL~s ~ 30 seconds~est 209.46 feet to the south- easterly line of Cresenct Avenue; thence along said Crescent Avenue line North 14 degrees 31 minutes 20 seoncds east 108.71 feet to a monument; thence along said Avenue line North 03 degrees 25 minutes 40 seconds east 203.45 feet; thence south 86 degrees 34 minutes 20 seconds east 218.00 feet; thence north 03 degrees 25 minutes 40 seconds east 100.00 feet; thence south 86 degrees 33 minutes 20 seconds east 217~5 feet; thence south 10 degrees 19 minutes 10 seconds east 55.55 feet; thence south 21 degrees 02 minutes 50 s~conds east 159.65 feet to said Madeline Avenue line;~ thence along said Avenue line South 33 degrees 14 minutes l0 seconds west 273.43 feet to the point of beginning. Containingf 3.96 acres~ On motion by' Mr. Wickham, seconded by Mr.~ f~le it was RESOLVED that the Southold Town~ Planning Board favorably recommends to the Southold Town Board the change of zone from "A" Residential and Agricultural Dis~rict'to "B" Business Distzict on the above described property. The Board finds that the property in question is surrounded by business property in a business area. Vote of the Board: Ayes:- ALL Southotd~Town Planning Board -11- November 21, 1967 The Southold Town Planning Board received from the Southold Town Board, the following resolution of the Town Board with the instructions to prepare an official report and ~efine the conditions described therein. "WHEREAS, th~s Board deems it in the public interest and in the promotion of the health, safety, moral and general welfare of the Town of Southotd that certain premises west of Greenport, New York, T~wn of Southold, County of Suffolk, here- inafter more fully described be rezoned and zoned to "M" Multiple Dwelling District. "NOW THEREFORE, BE IT RESOLVED: That the Building Zone Ordinance of the Town of Southold includ~g the Building Zone Maps, forming a part thereof, be amended by the Town Board on its own motion, by changing from "B" BUsiness and non-conforming uses to "M" Multiple Residence District on the following described property: "BEGINNING at the intersection of the westerly line of Silvermere Road with the southerly line of a 20 foot private road known as "Silver Lane", from said point of beginning running across said Silvermere Road in the direct extension easterly of said southerly line, S. 85© 31' 40' E.- 50.92 feet to the easterly ~ne of said Silvermere Road; thence continuing in said direct extension easterly through land of Jurzenia, S. 85© 31' 40" E.- 600.0 feet; thence through said land of Jurzenia at right angles to the last described course, S. 4° 28' 20" W.- 500 feet more, or less, to ordinary high water mark of Pipes Cove; thence westerly along said high water mark 860 feet, more or less, to land of Steinmetz; thence along said land of Steinmetz, N. 13° 45' 00" E.- 695 feet more or less, to said southerly line of "Silver. Lane"; thence along said southerly line S. 85° 31' 40" E.- 198.74 feet tothe point of beginning. Con- taining ~1 3/4 acres more or less. "BE IT FURTHER RESOLVED: That pursuant to Article Section 901 of the Building Zone'Ordinance of the Town of Southold, ~ the Town Clerk be and he hereby is'authorized to transmit a copy of th~ resolution to the Planning Board of the Town of Southold with a written request instructing said Planning Board to prepare an official report concerning the same, togh~her with their recommendation." Southeld ~own Planning Board -12~ November 21, 1967 On motion by Fir. Unkelbach, seconded by Mr. Wickham, it was RESOLVED thatthe Southold Town Planning'Boarddoes favorably recommend to the Southold Town Board the change of zone from "B" Business District and non-conforming uses to "M" Multiple Residence District on~%e above described property. The Planning Board finds that most of~he uses in this area are non-conforming uses. It is the Plar~ng Board's belief it. is best to have this area zoned uniformly for the uses that are presently being conducted in the area. Vote of the Board: Ayes:- ALL The Planning Board received a letter from Frank' Zales~i, requesting an extension of the bond for Deep Hole'Creek~Estates, Mattituck. On motion by Mr. Unkelbach, seconded by Mr~ Co¥te, it was RESOLVED that the $outhold Town' Planning Boardrecommend to the Southold Town Board that the bond for "Deep Hole Creek Estates", located at Mattituck, owned and developed by Frank Zaleski, be extended for a period of two years. Vote of the Beard: Ayes:- A letter was written to the Glen Falls Group, Branch Office, 161 William'Street, New York, advising them the Planning Board had .recommended to the Town Board the bond for Deep Hole Creek E~tates, owned by Frank Zaleski, be extended~for two years. They were also advised that the work at Deep Ho~Creek Esta%ss is progressing satisfactorily. Mr. Lawrence Tuthill, Professional Engineer, Inlet~Lane Ext.,-Greenport, New York presented the fOllowing bond estimate to the Southold Town Planning Board. York. "Southold Town Planning Board, Main Street,. Southold, New "Re: Redwood Pa~k, S0uthold "Gentlemen~ Southold Town Planning Board -13- November 21, 1967 "My estimate for the roads and water mains for'Redwood Park, Southold is as follows: "Land clearing none Rough grading 600 cy ~ $.50/cy Fine grading 1,100 if ~ $.40/lf Surfacing 1,100 if$ $4.50/ if 2 catch basins ~ $500.00 ea. 2 leaching basins ~ $1,200 ea. 12" pipe 50 lf. ~ $5.00 1/f 2 hydrants $ $300.00 ea. 6" water line 900 lf. ~ $4.25/ if Administrate costs Increase costs over 3 year period $ 300.00 440.00 4,950.00 1,000.00 2,400.00 250.00 600.00 3,825.00 800.00 1~375.00 $16,000.00 "Recommend at-bond of $16,000.00 "Respectfully submitted, /s/ Lawrence Tuthill" On motion by Mr.~ Coyle, seconded by Mr. Unkelbach, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board an estimated performance bond of $16,000.00 for the completion of rca ds, water lines, and other improvements in the subdivision to be known as Redwood Park, Southold, New York, owned and developed by Gecrge Barzac, Jr. Vote or,he Board: Ayes:- ALL Lawrence M. Tuthill, Professional Engineer, Inlet'Lane Ext., Greenpor$, N. Y., submitted the fOllowing bond estimate to the SoUthold Town Planning Board: "Southold Town Planning Board, Main Street, Southold, New York. "Re: Vista Bluff, Cutchogue "Gentlemen: "My estimate for bonds for~he roads at Vista Bluff, Cutchogue is as follows: Southold Town Planning Board -14- November 21, 1967 "Land clearing none Rough grading none Fine grading 900 if$ $.40/ if Surfacing 900 if ~ $4..50/lf Curbing 80 if$ $5.00/lf 4 leaching basins ~ $1,200. ea. 20% to be completed Administrative costs Increase costs over 3 year period $ 360.00 4,050.00 400.00 960.00 600.00 630.00 $7~000.00 "Recommend a bond of $7,000.00 "Respectfully submitted, Lawrence M. Tuthill." On motion by Mr. Unkelbach, seconded by Mr. Grebe, it was RESOLVED That the Southold Town Planning Board recommend to the Southold Town Board an estimated performance bond of $7,000.00 for the completion of the roads and other improvemm~ts in the subdivision to be known as Vista Bluff, Cutchogue, New Yo~k, owned and developed by'Rene Gendron. Vote of~e Board: Ayes:- ALL Mr. Van Tuyl presented a revised plan for the Subdivision of RichardA. Sheldon,. others, located on the e~st side Cox Lane, Cutchogue. The plan now shows 10 lots, all which meet the lot size requirements. On motion byMr. Wickham, seconded by Mr, Coyle, it was RESQLVED that the preliminary plan ofRichard ~.~Sheldon and Others for a subdivision on the east side of Cox~-w Lane, Cutchogue, be granted preliminary approval, as shown on the mapbyOtto W. Van Tuyl & Son, map dated November 21, 1967. Vote of the Board: Ayes: -ALL On motion byMr. Un~elbach, seconded byMr. Moisa, it was RESOLVED that the minutes of the Southold Town Planning Board, dated Novmmber 2, 1967, be approved as submitted. Vote of the Board: Ayes:- ALL Southold Town Planning Board '15- Novemb!er 21, 1967 The next' regular-meeting of the Southold Town Plann~g Board will be held at 7:30 P.M.', Tuesday, December 12~ 1967, at the Town Office, Main' Road, Southold, New York. The meeting was adjourned at 10:00 Respectfully submitted, Barbara C.- Dittmann, Secretary Southold Town Planning Board JOHN WICKEAM, CHAIRMAN