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HomeMy WebLinkAboutPB-09/19/1977D JOHN W1CKHAM, 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 September 19, 1977 at 7:30 p.m. at the Town Hall, Main Road, Southold, New York. Present were: John Wickham, Chairman Henry E. Raynor, Jr., Vice-Chairman Frank S. Coyle Frederick E. Gordon James Wall 7:30 p.m. Public Hearing for final map of the subdivision known as Heritage Harbor, owned by Riverside Homes, Inc. Mr. Haynor read the legal notice of hearing from the Suffolk Times newspaper. There was no proof of publication received. Mr. Wickham: The legal notice, our copy says 94.35, the map says 94.36. It is a very slight difference. We do not have proof of publication, notarized proof, but the legal notice was read by the vice-chairman from the Suffolk Times and, apparently, the proof of publication is in the mail, but it was published. Going over the file, on September 6, 1977, the action of the Planning Board was to resolve to hold a public hearing. There's a permit from the County Board of Health, a certificate of approval of realty subdivision plan by the County Board of Health. We have approval of the preliminary map of the subdivision with the restriction under date of March 25th. Notices of the public hearing for the preliminary under date of January 21st. Letter from the Suffolk County Department of Planning. Item 3 says there are three aspects of the map that could have an adverse impace upon the town. The zoning line goes through lot l0 ~nd this should be changed. The southeast corner of Westphalia Road and Cox Neck Lane, a short radius curve should be provided. On proposed road corner radii should be provided. This says these are staff comments and do not constitute a review. When the map is finalized, it should be presented to the Commission for review. We have a letter from the Planning Board's engineer to the Superintendent of Highways about additional catch basins and so forth. Looking at Planning Board -2- Sep~ ~ber 19, 1977 the map, there is no highway construction so approval of the Highway Superintendent is not required. Mr. Raynor: Do we have an affidavit of ownership? Mr. Wickham: The file seems to be relatively complete. I haven't found whether or not the fees were paid. Secretary: They were. Mr. Wickham: In general, it seems to be in order. We will require a disclosure statement as to the ownership but this has been before us for over a year and a half. At this time, I will ask for anyone that wishes to be heard in opposition to this subdivision, known as Heritage Harbor located at Mattituck, New York, and owned by Riverside Homes, Inc. Mr. Adamson, an adjacent property owner, asked to see a copy of the map. Mr. Wickham: Hearing none, is there anyone that wishes to speak in favor of the map? Michael Hills, Esq.: On behalf of the applicants, we would just say that if there is no disclosure statement, we will provide it in the next week. Since it has been a long time and we have tried to comply with the board's requests, we ask for it to be approved. Mr. Raynor: I don't see any notation about the use being in the high use district. Mr. Hills: We will furnish it to you. It will be in the deed restrictions. Mr. Raynor: Have you heard from the engineer? Secretary: He should bring in his report tonight. Mr. Adamson: What provisions are made for the recreation area? What about that right-of-way? Mr. Hills: You don't use that right-of-way now, do you? Mr. Adamson: Yes. Mr. Hills: We can't restrict your use of it and we are going to have to pave it. It will be better than it is at the present time. Mr. Raynor: What we usually do is send out the engineer from the board and he will take some soil samples and decide on the permeability of the soil and come up with what type of ground cover should be put in and whether or not it should be dug out to a certain depth for good drainage and adequate access. Planning Board -3- Sep~ nber 19, 1977 Mr. Adamson: So, basically, we will be protected when, say, they put a house on either side of the right-of-way that we will end up with a drain. We are, as you see, inbetween. That will be taken care of so we won't have to worry in the future. Mr. Raynor: With the amount of square footage involved and the permeability of the soil will absorb almost all of it. Mr. Adamson: I did raise that grade with something like a hundred yards of fill so I know there is a problem so if they do put a house on either side and taper the grade to the right-of-way, we will end up in a hollow again. Mr. Wickham: This is going into the record and will be forwarded to our engineer so he will be alerted to this. You had a question on the park and recreation area. That is generally left open but the town can require that there be playgrounds and so forth but the usual procedure is we request that it be the property of a property owners' association so that they are responsible for it and it is maintained. Anything else on either side? Hearing none, I will declare the hearing closed. Thank you very much. Blue Dolphin site plan. Mr. Spinthourakis appeared. After reviewing the plans presented to the building inspector, Mr. Wickham told Mr. Spinthourakis to redraw the map to show what he wants and resubmit. On motion made by Mr. Gordon, seconded by Mr. Wsll, it was RESOLVED to approve the map of the minor subdivision of Alice S. Sturges for property located at Fishers Island, New York, sub0e~ to the following: 1. Recommendations of the Suffolk County Planning Commission. 2. Covenants being filed in the Suffolk County Clerk's Office as to no further subdivision of the property. 3. Assessory building will be allowed without cooking facilities. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall 8:00 p.m. Public Hearing on the preliminary map of subdivision known as Woodbine Manor located at Cutchogue, New York, and owned by Mr. and Mrs. John Fellinger-Ihar. Mr. Raynor read the legal notice of hearing and indicated that it was published in the Suffolk Times on September 15, 1977. Planning Board -4- Sep~ ~er 19, 1977 Mr. Wickham: We do not have proof of notice but it was read from the newspaper. This is a hearing on a preliminary application and this is a major subdivision of twenty-three lots and I notice that the initial discussion and sketch plan with us was on the 28th of August, 1973. We asked for a typical vertical sand drain and grassed waterways and I have them before me by Young and Young of Riverhead and we will look into that a little further later. We have a letter from the Suffolk County Department of Planning. Dear Mr. Wickham: In accordance with your request t~e staff has examined the proposed subdivision layout for a 26.4- acre tract reputedly owned by John and Olivia Fellinger-Ihar and offer the following comment on the map for your use. The overall layout of the subdivision is considered to be satisfactory. Measures, however, should be taken to insure that no stormwater runoff resulting from the development and improvement of Lots i and 2 will flow out onto Duck Pond Road where it can be carried to Long Island Sound. It is suggested that consideration be given to requiring a short radius curve at the southeast corner of the intersection formed by the intersection of Duck Pond Road with Birch Lane and Vista Place. It is felt that turning movements around the corner for northbound-eastbound vehicles will be facilitated by the rounding of the corner. Staff comments on a preliminary map do not constitute a review of the map by the Suffolk County Planning Commission. When the map has been finalized it should be referred to the Commission for review pursuant to Section 1333 of the Suffolk County Charter. /s/ Charles G. Lind, Chief Planner Subdivision Review Section We have a letter from the Highway Department to the Planning Board. Gentlemen: I recommend 100 feet of the two 10-foot rights-of-way leading from Duck Pond Road to the proposed area be paved and lots 20 and 21 place driveways with access onto the rights-of-way. /s/ Raymond C. Dean, Supt. of Highways Sketch plan approval was granted July 18, 1977. I have a letter to the highway superintendent from the Planning Board saying the Planning Board gave sketch plan approval after a variance was granted on lot 22. Sketch plan approval was granted July 18, 1977. Under date of June l, 1977, the following letter was addressed to the Town Board. Planning Board -5- Sept~ oer 19, 1977 Dear Mr. Martocchia: This letter is to confirm the understanding reached between your- selves and Mr. and Mrs~ John Fellinger-Ihar at the Executive Session of the Town Board held on May 24, 1977: The Fellinger-Ihars shall donate to the Town of Southold approximately one acre of land lying in the rear (easterly) portion of lots 20 and 21 of their proposed subdivision located on Duck Pond Road, Southold, New York. In addition, the Fellinger-Ihars shall grant a 20 foot wide drainage easement running from the easterly side of Duck Pond Road easterly to the above one-acre parcel. The 20-foot easement shall be located l0 feet on both sides of the property line dividing lots 20 and 21 on the proposed subdivision map. The Town of Southold shall, at its cost and expense, construct a drainage sump or basin and necessary pipes or culverts to make such basin operational, and that said construction shall be completed within 6 months from the date of the conveyance by the Fellinger-Ihars to the Town. It is further understood and agreed between the parties, that the sand basin as shown on the proposed subdivision map, located toward the northerly end of the property, shall be eliminated, and that the recharge basin to be constructed by the Town on the donated property shall be the only drainage area necessary for the final approval of the subdivision map, and also that the sand basin shall become lot 22 on said proposed subdivision map. It is further understood and agreed that the above agreement is subject to and contingent upon the approval of the Southold Planning Board, and any other governmental agency or body, having jurisdiction over the filing of the subdivision map. Please sign the enclosed copy of this letter and return same to me in the enclosed envelope, if this accurately sets forth your understanding. ~s/ Shepard M. Scheinberg On April 21st, 1977, it was submitted to the Soil and Water Conservation District for advice and assistance. We have letters on the proposed cluster some time back. This was withdraw~. There is a letter under date of January 2~, 1977 from the Soil and Water Conservation District in Riverhead. I don't think there is any point in going any further back. Here is another one from the Soil and Water Conservation District dated October l, 1973. We do not need to go any further back than that. We seem to have some unfinished business with the town signing this agreement but since this is the hearing on the preliminary map, we will discuss that later. At this time, I will ask if there is anyone that wishes to be heard in opposition to this subdivision. John Krupski: I am a farmer and I have farmed on both sides of this Woodbine Manor owned by Mr. Ihar and I am very much opposed to this going in there because it will disturb my operation with Planning Board -6- Sep~ mber 19, 1977 all these people coming in here and I am very concerned. We want to keep people off Oregon Road as much as possible. It is a good farming section and we don't want developments in there. Frank McBride: My farm is less than 500 feet away from this proposed subdivision. I am very much opposed to it. Oregon Road is one of your last sections where you can ride and see agriculture on both sides of the road. Thank you. Mr. Wickham: Heariug none, favor of it. Does anyone else wish to be heard in opposition? I will ask for those that wish to be heard in Shepard Scheinberg, Esq.: I speak on behalf of the Fellinger- Ihars in favor of the proposed subdivision. I don't know what more can be placed before this board. We have been before you numerous times. We might be able to clarify certain items-. Before we get into the items of clarification, the two gentlemen that spoke in opposition, their opposition doesn't seem to go into the basis of the subdivision but just the personal feelings as to whether there should be or should not be development of the area. Mr. Wickham: You are treading on dangerous ground because the town has said repeatedly that they want to keep agriculture and what you are saying contradicts that. Mr. Scheinberg: I think I have a feeling of contradiction as to what the policies of the town might be. Everyone might want open air but you must also look to see that you cannot stop the orderly development of land. We have gotten this far, Mr. Wickham and members of the board. As to the policies of the town not to grant subdivisions, you should say no in the beginning and not wait until we get to this point in time. I believe the opposition has made their point and I have made my point on that particular matter. I will be glad to answer any questions you might have. Mr. Wickham: You have the shoe on the wrong foot. You are here to present the thing. Mr. Scheinberg: We have presented it. We have provided you with the drainage and proposed covenants and restrictions. Mr. Wickham: There is no question you have met all our require- ments. Mr. Scheinberg: As to why we should be granted a subdivision, Mr. and Mrs. Fellinger-Ihar purchased this property a number of years ago. They attempted to farm this land by growing grapes. They were unable to successfully farm the property for grapes. As a result, they found that economically they had no alternative but to subdivide this property. This is the reason for them going forward with the subdivision. Going back to your records, you will find that a number of years ago they presented this board with a sketch plan for a cluster type subdivision, again, trying to keep in mind the open policy of the town, to keep a green belt. Plauning Board -7- September 19, 1977 At that time, I believe, the Suffolk County Health Department hadn't promulgated sufficient rules and regulations as to that type of development. As a result, the Fellinger-Ihars presented this type of development, again looking toward the policy of the town as to trying to keep as much green as possible. The Fellinger-Ihars have presented a plan of grass swales instead of going to the conventional concrete gutters and curbs. I believe this shows their intent to try to conform as closely as possible to the policies as set forth by the town. I have nothing more to say on that point. Mr. Wickham: I believe the salient points in this have been brought out. Is there anyone else wishing to make any statement for or against or explanatory on the preliminary map of the subdivision entitled Woodbine Manor in Cutchogue. I would be glad to hear from them at this time. Hearing none, I will call the hearing to a close and thank all of you interested because the town is anxious to maintain a strong agriculture in the Town of Southold and we are perhaps particularly concerned about these long narrow subdivisions which pose a very real problem with dust and fertilizer in connection with agricultural operations next door, noise, irrigation and so forth. These pose very real problems. I am glad all of this has been brought out. Mr. McBride: We, the farmers in Southold, have been in the process for the past year of making a New York State agricultural district. We are within several months of this realization. This will keep forever green this portion of the Oregon section and certainly housing and farming don't work together. Mr. Wickham: Thank you very much. Kouros Acres. Edward Boyd V, Esq. appeared. Mr. Boyd requested the release of lot #2. Mr. Wickham Said the board would discuss it later. Mr. Boyd had no objection to the recommendations of the Suffolk CountyPlanning Commission as to relocation of lot lines and a short radius curve. 8:30 p.m. Public Hearing on the minor subdivision of Peter Kalamaris as contract vendee, located at Cutchogue. Mr. Raynor read the legal notice of hearing from the Suffolk Times. It was published on September 15, 1977. Mr. Wickham: Going through the file, I have first the receipt for the fee. I have the following letter to Mr. Lynch: Dear Mr. Lynch: The following action was taken by the Southold To~rn Planning Board at a regular meeting held August 22, 1977. Planning Board -8- Sept~.~er 19, 1977 RESOLVED to grant sketch plan approval to the map of Peter Kalamaras, said map dated July 7, 1977, subject to 100 foot set- back from the bluff being shovrn on the map, covenants and restrictions being filed that the property will never be resub- divided and inspection of the right-of-way by the Town Engineer. I have forwarded the revised maps to the County Department of Planning and will forward its comments to you upon receipt. Mr. Wickham: I have a letter of transmittal to the county and, apparently, we haven't heard from them yet. As is customary, I will ask for anyone that wishes to be heard in opposition to this subdivision of three lots locmted north of Oregon Road near Cutchogue with 500 plus feet of Sound frontage. Does anyone wish to be heard in opposition? I will now hear from anyone that wishes to be heard in favor of it. John Lynch, Esq.: Mr. Wickham indicated that this is a three- lot minor subdivision. The large parcel, almost eight acres, will be retained by the owner and he will build his own residence. The other two are 2.76 and 2.27. In line with what I heard this evening, this is a continuation of the larger parcels where we will keep almost an eight-acre parcel which will remain green. This would be in accordance with what I feel and a good many people feel to have a good land use. The 100 foot setback from the bluff sets the house back pretty far. The tree line is just close to that line. There is 30 or ~0 feet. Of the subdivisions I have been involved in, I am proud to bring this as I think it is good and something that should be granted. Mr. Wickham: There are two other things which should be, perhaps, cranked into this. Nina Stevens, who owns the property immediately adjacent, has an application for a subdivision and she has on her subdivision map a continuing road and we don't know at this stage where this would match up. I assume her road is a little further south. We just haven't checked this so we will want to do this. I see no real problem. Mr. Lynch: Mr. Kalamaris did want to get started on the larger parcel as soon as possible. Mr. Wickham: I don't think there is a problem. Mr. Raynor: Have you filed the covenant? Mr. Lynch: He is the contract vendee. If I knew we were getting the spinoff, we would get the title the next day. Mr. Wickham: If this is approved, it could be approved later tonight with conditions and you have the time. There is no point in asking for a release. We have the report from the engineer. We are trying to do something to have a uniform approach to rights-of-way so we ask our engineer to make a determination and recommendations. This is the engineer's recommendations. There is an existing road in the right of way. It is composed Planning Board -9- Septe~.~er 19, 1977 of bank run and must be widened. The road cannot be widened to the easterly side because of a row of utility poles; therefore, it must be widened to the westerly boundary of the right of way. The existing road contains sufficient bank run and needs only to be graded level. The area to be improved should be stripped of vegetation and covered with at least 6 inches of bank run with 25% gravel content. /s/ Edward J. Bage, P. E. Mr. Lynch: I don't know what the width is now. Mr. Bage: You have about two or three feet on either side on the westerly side. The road is so narrow, there is no way, if you want to get an emergency vehicle down there, there is no way without going through the plowed fields to get by. It should be widened out to that boundary because it can't go to the east side because of the row of utility poles. Mr. Wickham: Does anyone else wish to be heard on this minor subdivision. Hearing none. I will declare the hearing closed. Sundowner site plan. David True and Steve Tsontakis, P. E., appeared. Mr. Howard Terry, Building Inspector, is to be asked to look at the parking again and recompute. The Planning Board would like a copy of the state permit for curb cuts. They would also like Mr. Dean, Supt. of Highways, comments. Lloyd Terry minor subdivision. Mr. Terry appeared. Mr. Terry showed the Planning Board a tentative map with two to three acre lots on the Sound. He will have covenants not to further subdivide. Mr. Wickham told Mr. Terry that the Planning Board will have to have a covenant that each one of these cannot be further subdivided so the purchasers will be bound by it. This is our usual procedure. Mr. Terry said he can't speak for his family. They may not want seven acres. This was referring to a parcel on the road that Mr. Terry wants to retain. Mr. Wickham said there is another thing the Planning Board sometimes does. Sometimes they allow a person to make a minor subdivision with four lots and covenant that the rest will be a major subdivision in the future. Mr. Terry said he didn't care as long as it didn't include his parcel. He has discussed the 6ovenants with his prospective purchasers. It was suggested that he come in with just the two lots on the Sound. There was discussion on the width of the right-of-way to the lots on the Sound. Planning Board -10- Sep. nber 19, 1977 Paradise-by-the-Sound - Time Structures, Inc. Roger Rath appeared. Mr. Wickham read the letter from Lawrence Tuthill regarding erosion at the Sound. Mr. Rath indicated there would be a revision on the map presented in that they plan to make lots 4 and 6 larger and eliminate lot 5 and road B. Mr. Raynor indicated he would like to look at the property on the easterly side. The Planning Board had asked Mr. Tuthill to explain his calculations on drainage which were in answer to Young and Young calculations. Mr. Tuthill has not yet replied to that request. Mr. Rath again discussed the 100 foot setback requirement. He said that Charles Lind of the Suffolk County Dept. of Planning would have his office make an on-site inspection if the Southold Town Planning Board requested a re-review. Mr. Wickham said the Planning Board would not back away from the 100 foot requirement but the matter will be discussed later in the evening again. On motion made by Mr. Gordon, seconded by Mr. Raynor, it was RESOLVED to approve the site plan of Colonial Corners. Inspection of the premises has been made and it conforms with the approved site plan. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall On motion made by Mr. Raynor, seconded by Mr. Gordon, it was RESOLVED that inspection has been made of the premises of Circa Design and it conforms with the site plan. It is approved with the provision that polyethurene liners be placed under the wood chips in the area along the eastern driveway. There will be a two-year review. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall EliOah's Lane Estates was discussed. The revision in the grades of the roads has been discussed and approved by the Planning Board and the Superintendent of Highways. The question on the amendment of the map as filed to show a turnaround has been resolved as the filed map shows provision for a 100 foot turnaround. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to hold a hearimg on the preliminary map of the subdivision of Nina Stevens located at Cutchogue, New York. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall Planning Board -ll- S~tember 19, 1977 On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to grant permission to William Schriever, Executor of the Washburn estate, and Mr. Radford to use the names "Marion Lane" and "Marion Place" for streets in their subdivisions. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall Motion was made by Mr. Gordon, seconded by Mr. Coyle and carried to approve the minutes of the meeting of August 22, 1977. Robins Island presentation of proposed plans for development by John Raynor, C. E. and Land Planner. Present were Dr. Thomas Samuels; Lawrence Ingoglia; Joseph Lamberta, Attorney for Samuels snd Ingoglia; Stanley Waimey; George Penny; Jack Driscoll; Meyer Scheps, Attorney for John Mackay who is the owner. Mr. Wickham announced that this meeting was for information only and is not a public hearing. There are several suits pending and much of what is said will go into the record. He urged everyone to be cautious as some of the litigation may involve harrassment. John Raynor, C. E. and Land Planner, represented Dr. Thomas Samuels and Mr. Lawrence Ingoglia who are option vendees of Robins Island. Following are some of his comments made in his presentation. Access will be by means of car and passenger ferry from the east side of First Street in New Suffolk. Inprovements will include demolition of some of the existing buildings for short term parking area for thirty-six cars. They plan to demolish the existing oyster house which would be reconstructed for a ramp for the ferry. They plan on a short term marina with a capacity of twenty-one boats. They plan to rebuild the existing seawall and dredge the cove for ferry access and propose that the dredge spoil would be used to nourish the beach at the end of the street. There is a proposed expansion of the existing dock for a ferry ramp. A ferry district would have to be created and would not be for public nor collection of fares. The costs would be supported by assessment to the property owners and residents of the island. It is anticipated that it will be an eight-car ferry. Mr. Wickham asked if it would be similar to the Fishers Island Ferry. Mr. John Raynor said he was not familiar with the Fishers Island Ferry but he would assume so. It is proposed that the captain and mate would live in New Suffolk and would be on call 24 hours a day. Submarine cables would be utilized for telephone and electric lines. There are several large reserved areas on the map and Mr. Raynor went on to explain the location and so forth of these areas. The central portion would be a recharge zone. He mentioned that there were flag lots and that these were created to make common driveways and to go with the contour of the land. He presented a three-dimensional model of the island showing placement of the houses. Planning Board -12- Sept. _0er 19, 1977 Mr. Wickham said that the town is very insistent about the 100 foot setback from the bluff and along the east side there are high bluffs virtually the entire length. He remarked that it seemed as though they were prepared for it. Mr. John Raynor said the houses were placed about 200 feet from the top of the bluff. Mr. Wickham said the Planning Board will require a building setback line of 100 feet shown on all the maps. Mr. Raynor had shown a cross-section of the cross water lens and Mr. Henry Raynor asked if they had figures to which the answer was in the negative. Mr. Wickham told them that in an area where we think there may be problems we ask the Soil and Water Conservation District to make some borings and advise us. There are some clay belts and there was a brickyard there at one time. It would seem that the water supply could be a problem in some of the areas. Mr. John Raynor said they had referred to the Soil and Water Conservation District and the soil map and took advantage of that information in the selection of home sites. Mr. Wickham said that in looking at the lot layout that pretty well down on the west side there were some flag lots that could be eliminated by relocating the highway somewhat. Mr. Wickham said that flaglots are seldom used in the town but when we do we look at them carefully and any that can be eliminated, the Planning Board will require that they be eliminated. Mr. John Raynor remarked that any changes in the contour are sensitive. Mr. Raynor asked if they propose a twenty-one boat marina facility in New Suffolk and seventy-one on the island, what happens when they run into bad weather. Mr. John Raynor answered that the 71 is proposed as a home facility and the 21 as short term. He didn't think there would be a need for more berths. Mr. John Raynor proposes 2.6 miles of road. The principle intention is for cars to go to the island and it would be simply a convenience parking area in New Suffolk. Mr. Raynor felt that a 36-car capacity should be minimum even if it's just help. He thought the Planning Board would look for some type of covenant that resident cars would be parked on the island. Mr. Wickham said he felt that domestic and yard help could easily run to 100 people. It would be safe to bet that at least half would come by cars and require parking. Mr. John Raynor said it was not their intention to leave the cars in New Suffolk. The only reason the parking is proposed in New Suffolk is strictly for convenience. Mr. Wickham said he was talking about people that pay as much for a home as these are going to cost are going to have some help and that help is not going to take a car across on a ferry. Therefore, the Planning Board must visualize parking areas for this group. Mr. Raynor said he thought that question would have to be worked out in the op~ation of the ferry itself; he will have to discuss it with his clients. They are not talking about charging fares. Dr. Samuels said that it is their intention that the cars will go over to the island. He said that in his experience in dealing with landed gentry in the Hamptons, there Planning Board -13- September 19, 1977 personnel come in trucks and they will want to take their tools and equipment over to the island. Their intention is that the ferry service will be adequate and they know the problems in New Suffolk. They intend to take the people and their cars over and do not intent that problem to be a drawback to the project. Mr. Wickham remarked that there are times when there could be an emergency when the ice is too heavy and the ferry can't get in and out. He said that there had been discussion about helicopters and helicopter pads. He felt it would be a must. He felt that sometimes immediate emergency exit would be necessary. Dr. Samuels said they were reluctant to propose it at this point but would be overjoyed to put one on the island. Mrs. Jean Tiedke asked how much would be left in open space and the answer was 176 acres would be in the reserved areas. Mr. Driscoll asked if the Planning Board listens to plans if there is no contract vendee and if there is an option vendee. He said it was said by Mr. Mackay's attorney that there was no contract and Mr. John Raynor said they were option vendees. At this point Meyer Scheps, council for Mr. Mackay, made some remarks. In order to straighten the record, he said what he had said was that Mr. Mackay had granted to Dr. Samuels and Mr. Ingoglia an option for a sum originally of $200,000 which he understands will shortly be increased before the option is exercised. The exercise of the option depends on a number of factors and certain of them depend on what the Planning Board does with the plan. He said obviously they are not going to make a final contract if there is no hope of accomplishing what they set out to do. They have put up $200,000 as against the total consideration. The fact that they are option vendees gives them a standing which no one else but Mr. Mackay has. There are no other people that are connected with the present enterprise or who have any interest in the matter other than these two people and Mr. Mackay, Mr. Mackay as owner and Dr. Samuels and Mr. Ingoglia as option vendees. Anyone who tells you that they are persons that they have an interest in the island is talking through his hat because the fee title of record is still in Mr. Mackay. There is no instrument of record or there will be none within a day or two. He said that the Planning Board will hear from certain people that they have money that belongs to them that has not been returned to them and that they have a contract. He said they had broken four adjourn- ments of a contract. They were not able to make a contract and declared in default. He went on - consequently, unless the board considers option vendees who will shortly have the contract depending on the action of the board, he sees no other person other than John Mackay that has any interest in this and John Mackay, through Mr. Scheps, is supporting the action of the option vendees. Mr. Wickham said he understood that there were suits and counter- suits and the answer was suit and countersuit which was not disputed. Mr. Wickham asked if they would be set aside by Judge Lipetz. Mr. Scheps went on at length to explain all the legal matters. Mr. Wickham asked Mr. Scheps to keep the board posted on the outcome of these matters. Planning Board -14- Se~ ember 19, 1977 Mr. Driscoll again asked if the board hears option vendees or contract vendees and Mr. Wickham answered that this is not a hearing. It is to get all the information that the board needs. He will discuss the entire matter with the town attorney Tuesday. Mr. Driscoll stated that Mr. Scheps did not point out that they paid for each option and the price was raised on the property. He said they would submit information that will involve some of the local representatives of the departments of the town. Mr. Scheps said the fact is that Mr. Mackay on September 9, 1976 wrote to their then attorney that $12,000 had to be paid before a certain time and in the event said payment is not made the sum of $175,000 which has been received will remain the property of Mr. Mackay and shall not be returned. Joseph Lamberta, attorney for Dr. Samuels and Mr. Ingoglia said the lis pendens mentioned previously had been disposed of and that they are the option vendees and there is no other person interested in this application. Mr. Wickham repeated that he wants to talk to the town attorney. This concluded the discussion of Robins Island and covers quite fully all the remarks made. On motion made by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED to approve the preliminary map of the subdivision known as Kouros Acres located at New Suffolk Subject to the recommendations of the Suffolk County Planning Commission regarding the changing of lot lines and creating a curve with a ten foot radius. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall On motion made by Mr. Coyle, seconded by Mr. Wall, it was RESOLVED that ±f Lloyd Terry proceeds with a two lot minor subdivision on the Sound at the north of his property that there be a 25 foot right-of-way to the said lots with a 20 foot right- of-way across to the center of the lots and a 50 foot right-of- way to the Sound with 25 feet of this right-of-way improved. Vote of the Board: Ayes: Wickham, Raynor, Cpyle, Gordon, Wall On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED that at the request of the developer of Paradise-by- the-Sound the Suffolk County Department of Planning be asked to re-review the requirement of the 100 foot setback from the bluff for this subdivision. The recommendation of the Southold Town Planning Board is to keep the 100 foot setback which has been the usual procedure with subdivisions on the sound. Planning Board -15- Se~ember 19, 1977 Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall On motion made by Mr. Gordon, seconded by Mr. Raynor, it was RESOLVED to approve the sketch map of the subdivision of Shackman and Company, said map dated October ll, 1976 andrevised August 3, 1977. Lots 3 and 4 are to remain exclusively business district. Covenants and restrictions must be filed as to no further subdivision of lots I and 2. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall On motion made by Mr. Wall, seconded by Mr. Coyle, it was RESOLVED to approve the map of the minor subdivision of Thomas O. and Regina S. Pyle known as Hay Harbor Hills subject to: 1. Recommendations of the Suffolk County Planning Commission. 2. The map being amended to accurately reflect the legal notice that was posted. 3. Topography being shown on the map. 4. 100 foot setback line from the bluff being shown on the map. 5. Right-of-way along the bluff being shown. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall Peconic Knolls. Mr. Wickham said he had discussed the travelled road in this subdivision with the town attorney and had been advised that the travelled road should be shown on the map with the legend that the right-of-way is to be extinguished upon completion of the highways as per agreement dated June 3, 1975. On motion made by Mr. Wall, seconded by Mr. Gordon, it was RESOLVED to request the Highway Superintendent to cut down the grade on Henry's Lane to reduce the slope on the extension of said road in the Peconic Knolls subdivision. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall Babcock and Rimmler - Southold Gardens. A letter was sent to Young and Young regarding the calculations on number of lots for this subdivision and they have replied that they thought when Planning Board -16- September 19, 1977 the calculation was .5 or over another lot was allowed. Mr. Wickham asked that the following be transmitted to Young and Young. This is not the understanding of the Planning Board. We have always urged the developers and insisted they live within the requirements. In fact, we generally recommend that they use one less lot than allowed to provide some cushion in case of miscalculation. Horton Farm Estates - Richard Young. A letter had been received from Young and Young stating that they thought the size and depth of the recharge basin was sufficient. Mr. Tuthill, town engineer, was asked to check out the calculations and the letter of Young and Young. A letter was read from the Southold-Peconic Civic Association requesting some action by the Planning Board to eliminate Burger Kings, MacDonald's and so forth from coming into the town and spoiling the visual effect. Mr. Wickham said he had conferred with the town attorney and the town attorney does not feel that an architectural board of review is the answer nor is an architectural board of review within the province of the Planning Board. The Planning Board feels that since the amount of business zoned property in the Town of Southold is rather limited that we are not open to an invasion from fast food shops. The ordinance is already so restrictive on signs that it is already an impossibility to create something like that shown in the article presented and the jurisdiction on signs rests with the building inspector. There was a further question in the letter from the Southold- Peconic Civic Association regarding the progress of the Master Plan. Mr. Wickham said the town attorney has said and it has been upheld in court that the master plan is, in fact, all those studies which have been made to determine future development of the town and those decisions based on those studies whether or not they exist in readily accessible form. Mr. Franklyn Bear reported that Mr. Stack and Mr. DeReeder are suing Henry Smith and that the lots in question in Nunnakoma Waters cannot be built upon. Mr. Wickham explained to the rest of the board the statement he had made supporting the position of Stack and deReeder. Mr. Wall made a motion, seconded by Mr. Raynor and carried to approve the tentative budget for 1978 as presented by the secretary. Plar~ming Board -17- Sept~,~ber 19~ 1977 On motion made by Mr. Coyle, seconded by Mr. Gordon, it was P~ESOLVED to recommend to the Southold Town Board a bond estimate in the amount of $90,000 for Blue Horizons, Section I and $110,000 for Blue Horizons, Section II. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall *** Motion was made by Mr. Coyle, seconded by Mr. Raynor and carried to adjourn the meeting. Meeting adjourned at 12 midnight. Respectfully submitted, Muriel Brush~ Secretary ~-~ ~[. ~]ohn Wzckham, Chairman