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HomeMy WebLinkAboutPB-10/19/1977P JOHN WICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 TELEPHONE 765-1938 A regular meeting of the Southold Town Planning Board was held October 19, 1977 at 7:30 p.m. at the Tow~ Hall, Main Road, Southold, New York. Present were: John Wickham, Chairman Henry E. Raynor, Jr., Vice-Chairman Frank S. Coyle James Wall Absent: Frederick E. Gordon (illness) 7:30 p.m. Public Hearing for the minor subdivision of property of Stanley and Helen Sledjeski. Present were Mr. Sledjeski and Richard Lark, Esq. Mr. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Times. Mr. Wickham: Looking at the file, I find nothing from the Town Highway Superintendent because this is on a public highway. The sketch plan was approved on October 5th. I have the receipt for the fee and the application. Counselor, you said this was owned by Mr. and Mrs. Sledjeski? Mr. Lark: That is correct, Mr. Wickham. Mr. Wickham: In accordance with the usual procedure, I will ask for anyone that wishes to be heard in opposition to this minor subdivision on Luther's Road in Mattituck. Hearing none, I will ask for anyone that wishes to speak in favor of it. Mr. Lark: I am Richard Lark, attorney for the applicants, Mr. and Mrs. Sledjeski. I respectfully move that the subdivision be approved as it is in conformance with all the rules and Planning Board -2- ~ctober 19, 1977 regulations of the Southold Town Planning Board. It exceeds the area and meets all the width and depth requirements. When I presented it for sketch plan approval, it did receive the approval of the Department of Health for the water supply and sewage disposal for each one of the lots on the premises. I respectfully move that the subdivision receive approval from the Planning Board. If you have any questions, I would be glad to answer them. Mr. Wickham: We determined this was over 500 feet from the salt water so it will not be required that it go to the county. Mr. Raynor: What's the depth of the water? Mr. Lark: The test wells for the property were taken from the water samples from the North Fork Greek Community Church and people by the name of Theodore on the other side of the property. Mr. Wickham: I note the test hole elevation is 55 feet. Mr. Coyle: Whenever we have property near a church or a cemetery, we ask if they are interested. Mr. Lark: That is correct. The church initially purchased the lot to the south for future expansion. That is what is to the immediate north. They have been contacted and we had to get permission from them to get the water samples so they know what is going on. Millicent Gossner, League of Women Voters: Why weren't the water samples taken on the property? Mr. Raynor: It is not a prerequisite. Mr. Lark: Almost catty-corner to the church, the Captain Kidd Water Company has its terminus there. On Stanley Road, they loop around. Mr. Wickham: Is there anything else any member of the board has? Mr. Raynor: You may want to mention that the board has reviewed the possibility of roads and cross-circulation and there doesn't seem to be a problem. Mr. Wickham: If there is nothing further, I will declare the hearing closed and I would think that for the sake of our uniform practice that this thing has been processed much more rapidly than even minor subdivisions usually do and I think it would be in order for us to at least notify the North Fork Greek Community Church that it is before the Planning Board. Mr. Lark: In other words, you are not going to approve this this evening? Mr. Wickham: We normally do not in the same evening. Mr. Lark: As I indicated, one water sample did come from the church property. Planning Board -3- ~ctober 19, 1977 Mr. Coyle: We would like to have a copy in our file that we have notified them. Blue Dolphin site plan. Mr. Spinthourakis appeared. Mr. Wickham read the letter from the building inspector which was in response to a request from the Planning Board. The board will discuss the matter later. Country Club Estates. Gary Flanner 01sen, Esq., Philip Babcock and Richard Frisbee appeared. Mr. Raynor reported that he had inspected the property on October 12th, particularly in the area which was marked sand drain. It is adequate and in the proper location. On motion made by Mr. Raynor, seconded by Mr. Wall, it was RESOLVED to grant sketch plan approval to the map of Country Club Estates located at Cutchogue, New York, said map dated September 22, 1977. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall On motion made by Mr. Coyle, seconded by Mr. Wall, it was RESOLVED to grant site plan approval for the addition to Blue Dolphin subject to verification by the town attorney that the building inspector may impose the condition of no new residents. Vote of the Board: Ayes: Wickham, Coyle, Wall Nay: Raynor Mr. Raynor objected because the existing property now has 34 units on approximately an acre and a half of property and he doesn't feel there is any provision in the regulations set aside to control what may or may not happen in the proposed new addition to this complex. Mr. Wickham pointed out that the petitioner says that there will be a net of two less units, reducing the total number with this construction. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to grant approval to the sketch map of subdivision of Harold W_ ~d ~ ~ w~l~g located at Orient, said map dated July 20, 1977. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall Planning Board - -4- - October 19, 1977 Mr. Wilsberg was to be reminded that 100 foot turnarounds will have to be dotted in at the ends of the roads. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was MESOLVED to grant final approval end authorize the chairman to sign the map of the minor subdivision of property of Shirley Saland, said map dated September 8, 1977. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall 8:00 p.m. Public Hearing for the minor subdivision of property of Mary MacNish. Abigail Wickham, Attorney, appeared. Mr. Raynor read the legal notice of hearing and presented proof of publication in the Suffolk Times. Mr. Wickham: It is on a public highway so we do not require a statement from the Town Superintendent of Highways. Under date of October llth, I have a notice of sketch plan approval signed by the board's secretary. I have a consent to join the application from Ruth N. Lessard. I have the covenants and restrictions that lot #3 will not be subdivided. We usually state that this be shown on the map as well. I would like to call your attention to the fact that item number 5 says these covenants and restrictions will remain in effect until January l, 1987. We insist that the covenants and restrictions forbidding resubdivision be in perpetuity. Ms. Wickham: I would like to amend paragraph number 7 that lot #3 will not be further subdivided. Mr. Raynor: Mrs. Brush has a form in the office which lays out standard covenants. Mr. Wickham: I have a receipt for the fee. I am looking for a statement from the County Planning Commission. Secretary: It hasn't been sent to them yet. Mr. Wickham: I will now open the hearing for those that wish to speak in opposition to the minor subdivision of Mary MacNish located on Westphalia Road in Mattituck. Those that wish to speak in opposition to it will be heard at this time. Hearing none, I will ask for those that wish to speak in favor of this subdivision. Ms. Wickham: I would like to support the application and, if you have any questions, I would be glad to answer them. Mr. Coyle: It should be noted somewhere that the undersized lots have been approved prior to our having this. Planning Board -5- ~ctober 19, 1977 Mr. Wickham: I think you have a variance. We do not have a copy of that in our file. We will require a copy of your variance because this makes them standard. The County will require the following information. Will there be grading other than foundation excavation? Ms. Wickham: No. Mr. Wickham: Are new roads proposed or will there be changes made in the existing roads? Ms. Wickham: The present driveway comes along this line. is just a dirt road or driveway. This Mr. Wickham: At the present time, the access for this house is this driveway and it is anticipated that the road will be main- tained in the same way. The answer is there are no new roads proposed. Ms. Wickham: No. Mr. Wickham: Are any new drainage structures or alteration of existing structures proposed? Ms. Wickham: No. Mr. Wickham: subdivision? suggestions? Does anyone else wish to speak in favor of this Does any member of the board have any questions or Mr. Coyle: Just as long as we have a copy of the appeal. Mr. Raynor: Usually, the Board of Appeals doesn't set off any lots until they give some type of reasoning. Ms. Wickham: It doesn't have any reference at all (referring to the variance). It was only mentioned at the hearing. Mr. Raynor: The reason then was the fact of insufficient width? It doesn't affect the density of the property. It's just unusual. Mr. Wickham: If there is nothing else, I will declare the hearing closed and thank you very much. Kirchgessner minor subdivision. Abigail Wickham, Attorney, appeared. The right-of-way referred to at the last meeting was discussed. There was a question as to who owned it. Ms. Wickham said it was not owned by Mrs. Kirchgessner, so there isn't much they can do about it. Mr. Wickham said, if that is the case, it doesn't come within the purview of this minor subdivision. Planning Board -6- ~ctober 19, 1977 John and Joan Polywoda site plan. Mr. Polywoda appeared. This is a site plan for an addition to the existing building owned by Mr. and Mrs. Polywoda on the corner of Main and Hobart Roads, Southold. The building inspector's letter was read which indicated that there was enough area for parking in relationship to the size of the building. Mr. Raynor asked Mr. Polywoda what he intended to do with the upstairs portion of the addition and Mr. Polywoda answered that he planned on putting in an apartment for his son. The town attorney is to be contacted about the legality of placing an apartment in a business district as it is a prohibited use. Marvin minor subdivision. Richard Cron, Esq., appeared. Mr. Cron presented six copies of the sketch map. Cutchogue Joint Ventures. Richard Cron, Esq., appeared. Mr. Raynor said he had inspected the property on October 12th and found about a foot of standing water in one location. He said there is no question that there are wetlands here. The spur road should be moved up to the ridge. Mr. Cron didn't think that was a problem. Mr. Raynor said it appears that the drainage area is bog and peat and there is not going to be drainage there. He thought it might be advisable to utilize the pond for drainage. This map will be sent to the Soil & Water Conservation District for their recommendations and findings. Kouros Acres. Edward Boyd V, Esq., appeared. David Horton, the prospective purchaser of lot #2, also appeared. Lot #2 is anticipated being purchased by David Horton and Mr. Boyd would like the release of the lot from the subdivision. He doesn't intend to sell the remaining lots this year. Mr. Wickham said he didn't see any real problem as long as Mr. Boyd presents a covenant to bind the present owners and his heirs and assigns that it will never be resubdivided. Mr. Wickham said the board will require a statement that it will be a condition of the release that these specific covenants will also apply to the lot released. There was a lot of discussion about Mr. Carridi making three lots if he can get the 50 feet. Mr. Boyd was willing to give the same covenant as all the other lots within the subdivision. Peter Blank, Jr. subdivision. Mr. Blank appeared. Mr. Wickham reviewed the letter from the Soil & Water Conservation District. There was discussion about the expense of putting in swale drainage in this particular area. It was suggested that Mr. Blank talk with a road construction contractor to get some comparisons on the cost. Planning Board -7- -~ctober 19, 1977 Lew Edsono Mr. Edson appeared to have a preliminary discussion with the Planning Board with regard to an addition to his present building in Cutchogue. The board discussed with him what he would need for his site plan. Washburn minor subdivision. Mr. William Schriever and Mr. Robert ~cott appeared. The letter from the building inspector was read wherein the building inspector said the lots would be undersized and would require a variance if the right-of-way is going to be owned by an association. There was much discussion on how to handle this matter. Mr. Schriever asked if the board would send a favorable recommendation to the Board of Appeals. Mr. Wickham said the Planning Board would recommend that the Board of Appeals grant the variance. Mr. Schriever indicated that he would have an agreement with the purchaser that this 25 foot strip is available when the property owners association is formed. The Planning Board had originally suggested to Mr. Schriever that this road association be formed for the maintenance of the common right-of- way with the Radford subdivision. The Planning Board will discuss with the town attorney the legality of a formal resolution to the Board of Appeals supporting their approval of the matter. On motion made by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED to send the sketch map of Country. ¢Iub Estates to the Soil & Water Conservation District for their recommendations on swale drainage construction in this subdivision. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to grant site plan approval to John and Joan Polywoda for the addition to their existing building on Main and Hobart Roads subject to obtaining the necessary variance to put a residence in a B zone, if that is necessary. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall On motion made by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED to authorize the release of lot #2 in the subdivision Kouros Acres subject to the covenants and restrictions being provided for the rest of the major subdivision being applied to this lot. In addition, 12,800 square feet in question may be utilized as additional square footage for an already existing lot and not to create an additional building lot. An additional written covenant will be required for lot #2. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall Planning Board -8- C '~ober 19, 1977 On motion made by Mr. Wall, seconded by Mr. Coyle, it was RESOLVED to grant sketch plan approval to the map of Lloyd Terry, Orient. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall On motion made by Mr. Raynor, seconded by Mr. Wall, it was RESOLVED to deny approval to the final map of the subdivision known as Heritage Harbor because the Planning Board does not have the affidavit of ownership as promised nor the use district running through lot#10 shown on the map nor the deed restrictions being submitted as suggested by the attorney for the developer. The time in which the Planning Board must act has expired and the file is incomplete. This resolution is subject to receipt of all materials above specified and a written extension agreement provided by the attorney for the applicant prior to November 4, 1977. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall Mr. Raynor made a motion, seconded by Mr. Wall and carried to approve the minutes of the meetings of June 9 and October 3, 1977. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to grant final approval of the map of Peter Kalamaris minor subdivision and authorize the chairman to sign the map upon receipt of a copy of the filed covenants and restrictions. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall The minor subdivision of John Miesner was discussed and will be discussed again at the next meeting after an inspection by members of the Planning Board. The letter from the County Planning Commission regarding the 100 foot setback requirement for the subdivision Paradise-by-the Sound was read and it was Mr. Wickham's opinion that the letter supports his position. Planning Board -9- ~ctober 19, 1977 On motion made by Mr. Coyle, seconded by Mr. Wall it was RESOLVED to grant approval of the preliminary map of the subdivision of Nina Stevens subject to the following: 1. A right angle intersection be provided between lots 15 and 7 as per recommendations of the Suffolk County Planning Department. 2. Two additional catch basins be installed as per request of Town Engineer, Lawrence Tuthill. 3. Some provision that the area set aside for park and recreation (beach) be maintained at 30,000 square feet or that sufficient additional area be provided to compensate for loss due to erosion in the next fifty years. 4. The top of the bluff be shown on the map. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Wall On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to approve the preliminary map of the subdivision known as Woodbine Manor owned by Mr. and Mrs. John Fellinger-Ihar subject to: 1. Short radius curves be worked out between the Superintendent of Highways and the developer. 2. The town acquire the 20 foot strip for access to the recharge basin to be built on the rear lot. Vote of the Board: Ayes: Wickham~ Raynor, Coyle, Wall Mr. Wickham announced that he was presenting a draft copy of the summary of the development plan for the Tow~ of Southold to go to all interested parties for their study and suggestions. The Planning Board Will discuss all the suggestions and proposals and evaluate them. He said this is, in fact, the summary of all the plans for development which in the eyes of the court have been held to be the development plan for the Town of Southold. On motion made by Mr. Coyle, seconded by Mr. Wall and carried, the meeting was adjourned. Meeting adjourned at ll:O0 p.m. Respectfully submitted, Murie~Bru~cretary