Loading...
HomeMy WebLinkAboutPB-05/09/1967Southold Town Planmng Board SOUTHE]LD, L. I., N.Y. 119'71 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Meisa Alfred Grebe William Unkelbach Frank Coyle SOUTH~LD TOWN PLANNING' BOARD May 9, 1967 A regular meeting of 'the Southold Town Planning Board was held at 7:30 P.M., Tuesday, May 9, 1967, at'~the Town Office~ Main Road, Southold~ New York. There were present: Messrs: John Wickh .am, Chairman; Henry Moisa, William Unkelbach, Frank' Coyle. Absent: Mr. Alfred Grebe. Also present: Messrs:OTTOVan Tuyl, Consultant; Howard Terry~ Building Inspector. Mr.-Angelo petrucci appearedbefore the Board for an ia~ormal diseussion inre~ard.~to dredging at-Property !Located on i~ots 80-87 inclusive~ in~M.S. Hand~Sec'tion'II, Cutchogue, New York. There is an' existing qutter, whichMr. Petrucci owns half'of, that is~ desired to be dredged° The other half of the gutteris owned by J. Gl Madzelan. Mr. Petrucci SEated that Mr. Madzelan has consented to have his half of the gutter dredged. The Planning BOard ad~isedMr. Petrucci that-they wish to discuss this matter.with the Southold'ToWn Trust~es. Southold Town Planning Board -2- May 9~ 1967 Mr. Moisa, acting Chairman, reopened the hearing on Birch Hills at Cutchogue. This had been recessed at ithe last'meeting of the Planning Board. MR. MOISA: The legal notice-of hearing was read at the last meeting. (Mr, Moisa read from the minutes, of April 11, 1966, as it ~concernedthe hearing on Birch Hills at~Cutchogue.) MR. F~ISA: At this time is there' anyone present-who wishes to speak in favor of this subdivision? SAMUEL L. GRIMES~SQ.: I: am the attorney for Birch Hills, for BirchProperties, Inc., the ownerof the property in question. Mr. ~an Tuyl had prepared the map you have before you, We are anxious to have you approval of the map and we veryrespectively request-that you take that action. MR. VAN TULL: Was this being held up because of the bond? HOWARD TERRY: We haven't received any bonds or any?~securities. SAMUEL L. GR/RES, ESQ.: I was a little confused about that. It-is my present understantingyou may approve the map but it will not-be signed as to be filed until the bond.i~osted and I further understand that we 90 days to post the bond. MR. W~CKH~M: This has never beena p~oblem,. If you take longer than 90 days we won't be to concerned. If lt.-was to be layed, ayear or more, this would be something different. This would be unreasonable. I think-there is another 'thing whichyou ought to be aware of. Bonds have been rather'difficult to~ acquire. The Town. Board has accepted bank passbooks in quite a few cases. This~ matter which you would.have to take up with the Town Board. The. manner in which a pe~formance bond~maybefi~ed was brieflyd~iscussed. Also the.matter'offilingtwo bon~s.an-~ the release from bonds or partia~ release, from bonds was briefly discussed, Mr. Grimes was advised th-at-the filing of the bonds are taken care of by the ~own~Board. Southold Town Planning Board -3- May 9, 1967 On motion by Mr. Wickham, seconded by Mr~ Coyle, i.t was RESOLVED, WHEREAS Birch Prope the Southold Town Planning Board f plat known as "Birch Hills at Cute and, .WHEREAS ~he Superintendent of Southold has inspected the map and of the roads to be constructed, an. by the Planning Board, a~d, =ties, Inc., has Petitioned Dr final approval of their logue",-Cutchogue,.New York, Highways of the Town of approves the highway layout his report is hereby accepted WRERE~w~ adequate area has been setaside for-~the park and playground ~rovision, and, WHEREAS, the signing of the final maps by theChairman-of the Southold Town Planning Board is waived until such time as a performance bond is posted for the roads and Other improvements in the subdivision, and said bond is accepted bythe Southold Town Board, NOW THEREFORE BE IT RESOLFED that the subdivision to be known as Birch Hills at~Cutchogue, Cutchogue, New York~ con- sisting of t1.126 acres, owned and developed by Birch Properties,. Inc., be and the same hereby is approved. Vote of the Board: Ayes:-Mr. Wickham, Fir. Moisa, Mr. Unkelbach, Fir.~ Coyle, Fir.- Stanley~Sled3eski appeared before the Planning 'Board~ witha preliminary plan of a subdivision to be entitled Sunset Knolls, located~at Mattituck, west side of' Luthers Road~ 'The Subdivision contains 9~45 acres and will~hav.e 17 lots. All Park andPlayground provisions were briefly'discussed, reported 'that the case in req~d to cash equivilency for park and playground area still has not beenr~solved. Fir. $1edjeski stated that the roads in the subdivision would not be cut in until fall as there is potatoes growing now. Pi.arming 1 Southold Town/Bosmd '.of' ,~-_ ~-~L_~ -4- May 9, 1967 On motion by' Mr. Wickham, seconded by Mr. Unkelbach, it was RESOLVED that preliminary approval be given to the sub- division to be known as Sunset'.Knolls, located at-Mattituck, Town of Southold~ Suffolk, County, New York, consistion of 9..45 acres, owned and developed by Stanley-Sledzieski. Vote of the Board: Ayes:- Mr. Wickham, Mr. Moisa, Mr. Unkelbach, Mr. Coyle. The Planning Board received from the Town Board the original petition.of Cora Wolf and Anthony T. Blados, Cutchogue, New York~ for a-change of zone from~A Residential and Agricultural District~to "B-~2" Business District, with the instructions to prepare an official report defining the conditions described in the petition~and determine %hearea so effected.with the recommendation of the Planning Board. Locationof property; SoUtheasterly side Main Road, Cuthchogue, New York, bounded and described as follows: BEGINNING at a monument on the southeasterly line of Main Road, 1021 feet, more or less, -southwesterly along said southeasterly line from Fl~S Neck Road~ said~pointLcfbeginning, being the westerly corner of land of Fleet and the northerly corner of land of Wolf; ,from said poin~ of beginning ~runniag along said land of Fteet~ two courses: (1) S. 50° 0.9' 20" E. 200.0 feet to a monument; thence ~2) S, 29~ 44' 00" W. 175.0 feet to an iron pipe and~land of John:Wickham; thence along said~land of Wickham, N. 50° 09' 20" W. 200.0 feetto said southeasterly line of the Main Road; thence along sa~d southeasterly line~ N. 29° 44' 00"'E. 175.0 feet to the point ofbeginning. This request was discussed by the Planning B~ard. motion.by'Mr. Wickham, seconded by Mr. Unkelbach, it-was RESOLVED %hat the Southold Town Planning Boar~ recommend~ fav.®rably to theSouthold Town. Board the~change of zone from "A, Residential and Agricultural'District'.to ,B-2" Business District on the above described property. Southold Town Planning Board --5- May 9, 1967 In view of the fact this property lies betWeen an "A" Residential and Agricultural District and~annon-conforming business operation in an "A" Residential and Agricultural District; and there are other properties on. the same side~ of the street further East and West zoned,"B" Business, the~ PlanningBoard would recommend a "B-27 Business District for this property, in as much as there will be, only an office type use at the present time in the described premises. ~here are other properties~on the~opposite side of the Street which are zoned'"B" Business and used~.for purposes outlined.in the "B" Business District. Vote or, the Board: Ayes:-Fir. Wickham, Mr. Moisa, Mr.. Unkelbach, M_r.~ Coyle. The Planning Board received from the Town Board. the original petition of WilliamA. Starks and Irene Starks, for a change ~k~zone from~"A'' Residential and Agricultural District to "B" Business District, with the instructions to prepare an~official report defining the conditions described in the petition and determine the area so effected with the recommendation~of the Planning Board. Location of property: certain real property 19cared at-Mattituck, Town of Southold, Suffolk'Cou~ty~ New Y rk, andbounded and described as 'follows: BEGINNING at a ointon' the southwesterly side of Westphalia Avenue, adjoining land ofNorth Fork~Oil Heat~Company on the~South~ said point being 294 feet from the intersection'of the southwesterly line of-Westphalia A~enue and the northerly line of LongIsland Rail Road Compare; ~from~said point ofbeginning running thence along said land of North Fork-0il Heat-Company two courses, and distanceS: ~) South 19~ 16' West 105.85 feet~, thence ~) South' 4~° 05' West68.15 feet to land-of Penny; running thence~along said land North 48© 17"West 49.06 feet"to land~ofCha~k~w; running thence along said land North i9~ 16' East 148,47 feet to the southwesterly line of Westphalia Avenue; runningthence along said line South 70° 44' East~75 feet-to the point or place of beginning. This application was discussed by the PlanningBoard. It was determined that-the business zone property line does not cover the entire parcel of North Fork~Oil '~eat-Company. On motion by bi~. ~ickham, seconded by Mr. Unkelbahc~ it was RESOLVED that the Southold ToWn Planning Board recommend Southold Town Planning Board -6- May 9x 1967 favorablyto the~SoutholdTown Board the change of zone from "A"-Residential'and Agricultural ~istrict to "B'~ Business DiStrict on the described property. Thee Planning Board furtherrecommends the TOWn Board, on their own motion, change the balance of the North Fork Oil Heat Companyproperty which is notnOw zoned "B" Business District and lies:between~the present "B" Business~District and the property under application. Vote of the Board: Ayes:- Mr. Wickham, Mr. Moisa, Mr.-Unkelbach~ Mr. Coyle. Mr. Allah Goldsmith, Chairman, Board of Trustees appea~d before the Board to discuss various dredging projects in $outhold Town. They d/scu~sed the request of Angelo_Pet~ucci. Mr. Goldsmith said that the Trustees had not givenapprov~ of this request. Mr. Goldsm~h saidhe thought there was a question of jurisdiction in this case. ._~-~ <~. A discussion was held on issuing summonses· to personswho do not ~obtain a permit to dredge. A summons should be.issued to the person doin~ the dredging and the owner of .'-the property. tt ~as agreed there was more policing.necessary~ It~was felt that a person should~be appointed' to.go around.the Town and inspect all dredging pro~ects. Againthe. dredging, projecb~of.angelo Petrucci was discussed. The ~ha~rmanstated~the Plan~ing Board did not,have jurisdication in.thematter/because the property in questio~ is a filedmap, filed some time ago. It was~decided it might be possible to tell Mr.~ Petruccilhe may-dredge, to the cente~of t~e existing g~tter, an~ao further. Mr.. Goldsmith gave a report on the dredging~done by'~r. Victoria at Ba~iew. He said.there was no need .for a court'case. Mr. Victoria is waiting to be told what to do. Mr. Goldsmith stated there are a couple of acres of land ~that must~be~taken back. The Trustees are having a map madeto establish 'the line where the~land should be taken back, to. $outhold Town Planning Board -7- May 9, 1967 On motion by Mr. Wickham, seconded by Mr.- Coyle; it was RESQLVED that a letter be written to Fir. Angelo Petrucci Bay Avenue, Cutchogue~ New York, in regard to dredging a canal on lots numbered 80 to 87 incluaive, Plots A and B,~map of M.S. Hand, Section I!.~ east side-Stillwater Avenue~ Cutchogue, New York. The Planning Board approved this dredging subject to certain-conditions which Mr. Petrucci must follow. Copyof said letter to Mr. Petrucci is on file in the office Of the Planning Board. Vote of the .Board: Ayes:- Mr. Wickham, Fir. Moisa, Mr. Unkelbach, Mr. Coyle. The Planning Board received from lthe Town Board the original petition of Albert and Veronica Frohne, Silvermere Road~ Greenport, New York, relateive to a change of zon~ from"A" Residential and A~ricultural District to "B~2" Business District with the instructions to official report-defining the-conditions described- in the and ~etermine 'the area so effected with the recommendation of ye~ Board. Location of property: certain real property, situated at Greenport, in the Town of'Southold, Suffolk-County, New York, and bounded and described as folbws: PARCEL A- BEGINNING at a point onordinary high water makr of Pipes~Cove at ~he southeasterly-corner, of land conveyed by the~ party of the first part to'Clarence C. Roach; running thence along last described land~ N. 3° 45' E. Three hundred ~300) feet, more or less, to the southerly line of a certain ~6) foot right of way"hereinafter described;thence along said southerly line of said right of way two courses, as follows: (1) N.'49° E. fifty- three and eighty-six onehundredths ($3,86) feet; thence ~2) N. 6° 7 . ~5' E. forty ~40) feet~ .thence along other~land of said party of~the first part~ being Veronica Frohne, a line parallel~o the first described boundary~ S. 3° 45' W.- three' hundlred thirty ~30) feet, more or less,, tosaid ordinary highwater makr of Pipes Cove; thence along said.ordinary, high water' mark of Pipes Cove southwesterly eighty (88) feet to the point ofbeginning. PARCEL B - BEGINNING at a point N/~1~ 24' 40" E. seventy- and sixty-thee one hundreths ~70.63) feet from the. northeasterly corner of land contracted to be sold by Albert andFeronica Frohne to Thomas Jurczenia, and running thence along other land of the applicant N. 80° 55' m-W. one hundred forty six and seventy seven one-hundredths ~146.77) feet; thence on the extension northerly Southe!d Town Planning Board -8- May 9.a 1967 of the division tine between land of said Thomas J.urczenia and land of Aug-ust-'S,ieger. S. 3° 45' W.,twenty and nine one-hundredths ~0.09~ feet to the northerly line of a fifty',~0) footstrip of land reserved for a road; thence along said 50 foot strip of land reserved for a road three courses as follows: 1. N~ 80© 55' W.- 20.17 feet; ~thence 2. N.. 47° 33' W. 40~84 fee~; thence 3. N~ t5° 21' 30" E. 47.83 feet; thence along other, land of Roach, S. 800['55' E. one hundred eight, Seven and twenty-four one hundredths (187.~4) feet; t~ence along other land Of Jurczenia, S~ 1° 24' 40" W.- fifty and fourty-five one hundreths (50.45) to the point of beginning. On motion by Mr. Wickham, seconded by Mr. Unkelbach,. it was RESOLVKO that the Southold Town Planning Board recommend favorably, to the Southold Town Board the change, of zone from "A" Residential and Agricultural District to "B-2" Business District on the above described property. ~helBoard finds that' this property ~has been ~used a~s a non- conforming use for many years. Vote of' the Board: Ayes:- Mr. Wickham,. Mr. Moisa~ Unk'elb~t%~ Mr.- Coyle. The Planning Board received fromthe Town Board the original petition of Edma'rd Niddsa Southold~ New ¥ork, relative to a change of zone from"A" Residential and-Agricultural District to "B"Business District with instructions to prepare and~°fficial report~defining the~conditions described in the petition and determine the area so effected with therecommendation of the~'Planning Board: Location of property: Certain real property situated at Mat~ituck, in'the Town of~SoUthold, Suffolk County, New York, and~bounded and described as follows: BEG//~NING at.a point-on the sou-therly side-of Main Road where the easterly line ofland of Filla intersects the said southerly side of Main Road and from sadi point-of'beginning running thence along the southerly ~ide Of Main~ Road the following- ~x-two courses and distances: ~) North 89~ 03' 00" East 68.80 feet; ~) South 87° 39' 20" East-417.12 feet~ite land of F. Billard-Estate;' thence along the !ahd of F.~Billard Estate the -following two courses and~distances: ~1) South 4° 52' 40" west 18-7.76 feet; ~2~ south 8~° 53' 20" East 94.64 feet to land of Sidor; thence along land of Sidor;the following two courses and distances: (1) south 5° 06' 40" West~628.13 feet; !~) North 89° 28~ 40" West 1'91.42 feet to Mattituck Estates, Inc.~ (SufEolk Southold Town Planning Board -9- May 98 1967 County File $4453); thence along the northerly line,of Mattituck Estates, Inc. (Suffolk County File $4453) North 8Y° 26' 30"1West 288.~74 feet to land.of Filla; thence along land of'Filla the following three courses'and distances: ~(1) North 2° 50' 00"~East 565.37~feet; (2) North 86° 18~ 10"~West 71.33 feet; i(~3) North 26~ i0" EaSt'253.61 feet to the southerly'side of Main Road and the point or place of Beginning. On motion by Mr. Wickham, seconded by Mr. Unkelbach, it-was RESOLVED that the~Southold Town Planning Board does not favorably'recommend to the Soughed Town Board the~change of'zone from "A" Residential and Agricul~ral District-to "B" Business District on the above desc~bed property. It is the opinion of the'Planning Board this is too large an area for the-type of use intended. The Planning Board also points out that:the proposed .change would constitute spot zoning, as the property is surrounded by "A" Residential andAgricultural District. Vote of the Board: Ayes:- Mr. Wickham, Mr. Moisa, Mr. Unkle~ach, Mr. Coyle. On motion by Mr. Wickham8 seconded by Mr. Unkelbach, it~ was RESOLVED that theminutes of the'Southold Town Planning Board dated April 11, 19678 be approved as submitted. Vote of the Board: Ayes:- Mr. Wickham, Mz. Moisa, Mr.'~e, Mr. Unkelbach. On motion by bit. Coyle, seoonded by Mr. Wickham, it was RESOLVED that'the minutes of:the Seuthold T~wn Plan~ing Board on the special meeting held on'May 4, 1967, be approved as submitted. Vote of:t~e Board: Ayes:-Fz~. Wickham, Mr. Moisa, Mr. Coyte, Mr. Ur~elbach. The next meeting of the Planning. Board was set for June 19678 at the Town Office,. Main Road, Southold, New York, at 7:30PoM. Meeting. adjourned at 10:15 P.M. Respectfully submitted~ . ~arbara C. ~ittmann, Sect tary