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HomeMy WebLinkAboutPB-06/27/1977P ~D S JOHN~CKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 1197! MINUTES TELEPHONE 765-1~38 A regular meeting of the Southold Town Planning Board was held June 27, 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 on the minor subdivision of property of Appolonia Kirchgessner. William Wickham, Esq., and Abigail Wickham, Esq., appeared. Mr. Raynor read the notice of hearing and presented affidavits of publication from the Suffolk Times and the Long Island Traveler- Watchman. Mr. Wickham: What bothers me is there are three parcels of land that are excluded and we usually say there can be no land excluded. Why wasn't the right-of-way included. Who is going to own it? Mrs. Kirchgessner cannot sell away four lots and leave less than 40,000 square feet of buildable land in her possession. William Wickham: The only excludable parcels are the two strips that we are leaving until we get your approval so we can convey them to Peters and Pivko. The roadway wasn't included because it is the roadway. We cannot sell the property without a way out. Mr. Wickham: Frankly, we have never had a four-lot subdivision this way. They usually include the roadway and the lots are sold out to the center. Now, she is going to own the roadway after the lots are sold. William Wickham: We can't sell this roadway independently because we have to give a right-of-way out. Planning Board - -2- J~ne 27, 1977 Mr. Wickham: We know that but it hasn't been done this way before. The other thing we normally say is sell these slices out. William Wickham: We do not know how much of a slice to sell until we get your approval. Then we will sell what we have to. Mr. Raynor: Is the right-of-way on the southwest of the property part of the subdivision? William Wickham: No, it is not because that was a right-of-way given to Mr. Burns quite a number of years ago and there is no way for that being used because it is not part of the subdivision. Mr. Raynor: That is an exclusive right-of-way. William Wickham: Right. We purposely kept that separate. Frankly, I would like to get rid of it by conveying it to Mr. Burns and Mr. Kirchgessner but whether that can be done or not, I don't know. Mr. Wickham: Going back over the file, I find correspondence back and forth on all of the points mentioned and also this was first presented or August 6, 1976. I have covenants and restrictions and so forth.Mr-( Wickham went over the checklist) The file seems to be complete. We are developing a new set of specifications for highways in minor subdivisions. Actually, what we do is request our engineer to look at it and recommend. We have been in trouble the last few times with people saying what should I do. We want to have our engineer have some imput. William Wickham: I might say that this is quite a wooded area in there and I don't know what size gravel road you would want, 35 feet or smaller. If you would want a lesser width, it might try to skirt the trees rather than go down the center. Mr. Wickham: At this time, I will call for anyone that wishes to be heard in opposition to this subdivision. Hearing none, I will ask for those that wish to be heard in favor. William Wickham: We appear for Mrs. Kirchgessner and I have nothing further to say. I move for its adoption. Mr. Coyle: I was wondering, this is sketched out as a proposed turnarouud at the end of the road. Mr. Wickham: In a minor we don't usually require it. If there is nothing further, I will declare the hearing closed. Simon minor subdivision. William Wickham, Esq., and Abigail Wickham, Esq., appeared. Mr. Wickham wanted to know just exactly where the Planning Board wants the leaching pool. He said he will not go on town property but will go up to it. The chairman felt that the town would make the connection because it is at the request of the Town Highway Department. Mr. Wickham said he would be glad to work something out but would prefer not to have it on the lot that is already sold. Planning Board - -3- ~ne 27, 1977 Tangney minor subdivision. William Wickham, Esq., and Abigail Wickham, Esq., appeared. Mr. Raynor inquired as to ownership of the 50 foot right-of-way off Little Neck Road and Ms. Wickham answered that it is owned by Mrs. Mason who now owns the farm. Mr. Raynor: There is a problem with this. I think you will find back in 1971 the Board of Appeals and the Planning Board granted a minor subdivision on the Zeneski farm. It was either a minor or permission to sell off certain lots. At the time, it was represented that there would be no further sale of this property until the board was approached for a major subdivision. William Wickham: There were certain lots sold off here. I recall when we got permission to sell this that there would be no further subdivision in here until we got the permission of this board. I think they are two separate entities, one the corner part where there could be no further subdivision except a major one. He (Tangney) wanted four acres at the time but now he finds it large. Mr. Raynor: I would have to go back through it. This naturally raised a question. The second thing is in regard to this 50 foot right-of-way. We would find it rather difficult to decide on waivers for road construction without getting the old signed maps out. William Wickham: With this conveyance out to Tangney, a complete 50 foot right-of-way was given. Mr. Raynor: I suggest we hold it until next time. William Wickham: There are two separate setups for the remainder of the farm. Mr. Raynor: There is no ingress or egress if lots are sold out haphazardly. Mr. Wickham: If this should tie up with Norwold, we upon occasion and have in the past required a highway built to town specifications on a minor. We haven't done it often, but we have done it. Public Hearing on the minor subdivision of property of the Washburn Estate. William Schriever and Charles Cuddy, Esq. appeared. Mr. Raynor read the notice of hearing and presented affidavits of publication from the Long Island Traveler-Watchman and the Suffolk Times. Mr. Wickham: (Mr. Wickham went over the checklist) Briefly, looking through the file, this one has been under discussion since July 16, 1976 and prior to that it was discussed as part of another property. At this time, I will open the hearing for anyone that wishes to be heard in opposition to this subdivision. Planning Board -4- J~ne 27, 1977 Mr. Anderson: I am against this for several reasons, poor access and another reason as I see it, in order to put two roads inte the property, it would reduce the square footage available for residential purposes. I think that would be below the 40,000 minimum. Secondly, the private road at the north end is a very nebulous thing. It is being shared by Mr. Washburn and Mr. Radford and it is in poor shape. It has never had any maintenance and I think, with the additional traffic through it as a private road, it would suffer even further. I understand there is no thought of the town taking over the road and it would be up to the residents to maintain it and each one of the people who bought properties along here were told this story about the maintenance of the road. It is a mishmosh and complicates the problem of access to the property in question. At the other end is a rather narrow road and doesn't lead to the four properties. I think it would destroy the character of the area. Mr. Wickham: Do y~u understand that the town cannot accept anything less than a 50 foot highway and, therefore, if it is shown on the map as less than 50 feet it is the opinion of the Planning Board at this time that this is access for four or less lots, because if there are more than four lots, it becomes a major subdivision. Town highway specifications must be met which means 50 feet. Mrs. Smith: Is Mr. Washburn's house and the property it is on included in this? Mr. Wickham: No. Mrs. Smith: It would be just these four lots and sold as four lots. Mr. Washburn's corral was for sale but there was absolutely no mention of any other property being sold. Mr. Wickham: You are talking about the other Washburn property. This is a matter we have discussed at some length with the town attorney. It is in two ownerships at the present time. This property is in separate ownership from the Washburn residence property. Some of it is in a trusteeship and some of it is not. Mrs. Smith: Why is it different? Mr. Wickham: I am not able to tell you but the town attorney says it is different and we should entertain this as a minor subdivision. Mrs. Smith: Is he here? Mr. Wickham: No. Mr. Koch: We own two pieces on the right-of-way from Bay Avenue down. We were told when we bought the property there and I have papers to prove this that when the four lots which he had originally divided as a subdivision were sold, when the four lots were sold the maintenance of the road would then be turned over to the owners. Presently, there are three lots sold. According to the town map, Mr. Radford only owns 25 feet. We were given to understand the entire 50 feet we would be expected to maintain when the fourth piece of property was sold. Recently, we were told it was 25 feet. It is simply that we don't want a lot of Planning Board - -5- ,T~ne 27, 1977 people living there and this road being used as a publi6 road. We are willing to pay our share but according to the understanding, we would only be expected to pay a quarter of this. If Mr. Washburn's property adjoins this and he has to use it as access, there should be some arrangements made in the contract of sale that this road be maintained as we already understood it. Mr. Wickham: I think your point is well taken. Does anyone else wish to speak in opposition? Hearing none, I will ask for those that wish to be heard in favor of it. Mr. Schriever: As far as the road is concerned, the existing road is 50 feet. It is made up of 25 feet owned by Mr. Radford and 25 feet contributed by this subdivision. That combination was created at the time the property was sold by Mr. Radford and the road was built. This property originally came from Washburn. There was this agreement to join in the use of the road. There was never any agreement that I am aware of as to having a homeowners' association or any arrangement like that for maintaining the road and, since the Washburn Estate doesn't own the road in its entirety, there is no practical way I can see for the Washburn Estate to set up any arrangement for the road. I would be perfectly willing to make up some association to maintain the road as a private road and put that in the deed providing there was an arrangement made with the existing property owners that Radford sold to so the thing would be a complete package. There is no way I can set up a deal to maintain the road when, in fact, Radford has more lots on the road than we do. I would have done it if there were suitable covenants. As far as the condition of the road is concerned, it is an excellent road. It is better than two feet of gravel and, except if somebody would like to put a black road, they could put some oil on it. It's been there for several years now and there is not a rut or pothole or anything. Mr. Wickham: Mr. Schriever, you are aware that we frequently, on many occasions, do require a property owners' association under dovenant to maintain the road. Mr. Sc~riever: I can't create that. Mr. Wickham: I can see your position but it would appear that you would have three property owners that would be liable for 50% of the road. Four property owners, according to your map, that would have responsibility of maintaing about a5%. Mr. Schriever: The fo~ property owners actually have more road than the Washburns because the Washburn right-of-way makes the dip at the turn. If you want to be fair about it, you would say that each of the lots share equal. The road ends here. Mr. Wickham: In order to have access to lot number 2 you have to run the road down here. You are going to find that the town engineer is going to say there is going to be a road down here and such and such a road. We now have a policy where we are asking the town engineer to meet with you, the developer, and say it will conform to some uniform specifications. We have been a little too lax in this and the Planning Board, as of the last two months, is going PlanningBoard - -6- ,T-'ne 27, 1977 to have some imput on the roads in minor subdivisions. Yours is going to have to go the 150 feet as in our regulations. Mr. Schriever: In other words, you say the road has to go do~rn here. Mr. Wickham: Yes, if you want to change it, it is your right. If you submit a map to us and the engineer goes do~rn and says you are going to have such and such a road, it will have to be the way it is shown on the map. Mr. Cuddy: For clarification, you say the town has a policy. Does the town have specifications? Mr. Wickham: The Planning Board now has a policy instead of leaving it to every subdivider. Until three months ago, it was handled by the building inspector. About three months ago, he notified us he would ne longer handle these cases. Rather than our sitting here and arguing with you, we are putting it in the hands of the third party, the town engineer. We are asking him to prepare specifications but, in the meantime, you are going to have to work with him to work out specifications. It will not be town specifi- cations. This is only 25 feet. The building inspector will no longer handle it so we have to ma~e other arrangements. Lady: My understanding of what Mr. Radford told me was that at such point the houses were sold that he would agree to oil the road. In my opinion, that would be a better road as far as the surface is concerned than any road in the town. (this lady went on to complain about the Radford subdivision of property and the condition of the road and their agreement with Mr. Radford.) Mr. Wickham: When there is a subdivision plan presented to this Planning Board, there can't be any roads at that time. This is a road that will have to be built. We do not allow an owner, developer or contractor to go in and bulldoze out a road before the map is approved. Otherwise, we would have people with ideas of building roads all over. There shouldn't be a road down to serve lot number 2 at this time. If there was, we would be very interested in taking steps. Mr. Schriever: ~t the time, this property was divided between Washburn and Radford. Radford took what he needed to meet the requirements at that time and at that time it was 100 foot require- ments and '~hat is why the roads terminated there. Mr. Wickham: We knew about this property because we worked with Mr. Radford two or three years ago. Mr. Cuddy: In part, because of the Planning Board foresight for that, you have a 50 foot right-of-way which is one half on Mr. Washburn's side and one half on your side but you actually have the benefit of a 50 foot road with at least 30 feet of improvement on it. I would just say on behalf of the estate, if I may, that the map meets the requirements provided that we agree with the Superintendent of Highways. Mr. Wickham: One of the definite responsibilities of this Board is Planning Board - -7- J~ue 27, 1977 the traffic pattern and where we are not into this sor~,o£ thing, it is incumbent on us tO ~get something workable. M~r. Cuddy: We don't object to what's proposed. Certainly, we don't want the people not to maintain the roads but we would have to get everyone else to agree. We don't object to having people maintain it at all. Mr. Schriever: We are still in a position to set up what's agreed. We can't do it with the other side because we have no control over that side. That would have to be with those people. Mr. Wickham: We will require you to have the same sort of property owners' maintenance that they have even to identical language even to the oiling of the road. Then, it is all shared by everyone. Mr. Cuddy: We are not trying to avoid it. Mr. Schriever: Do you want an association? Mr. Wickham: I really don't know. Mr. Schriever: people have, a obligation. Radford still owns the road itself which these right-of-way there. I guress he has a contractual Mr. Wickham: It is usual to have the road owned by the association. Does anyone else wish to be heard on this? Mr. Anderson: I don't think the paramount issue is the maintenance of the road. I think the additional houses and people is not suitable to that area of the town. You have enough. Mr. Raynor: What would you say would be suitable for the area? Mr. Anderson: Perhaps two houses. Mr. Raynor: I take it that you own the adjacent property. Mr. Wickham: Unfortunately, the Planning Board does not have a lot of latitude. We have to work within limits of what we have presented to the town and has been approved at public hearings and approved by the Town Board. If we have one acre zoning, we have no way of saying to anyone you have to have two acre zoning on your property. Mr. Anderson: I understand that, but other conditions should be considered. Mr. Wickham: What you are saying is that these are internal lots and the access is poor. I agree with you. Mr. Raynor: Mr. Wickham has stated the Planning Board has under- gone some type of changes in regard to access, one of which is presently being worked on by the engineer. I haven't seen the recommendations for the improvement on the right-of-way but it is Planning Board - -8- J~ne 27, 1977 my understanding that he has recommended a foot of top soil be removed,at least 8 inches above this foot that has been removed be filled with bankrun and gravel and then an oil coating be put on this, if this gives you some idea of the thinking for minor subdivisions. Lady: Does the town pay for this? Mr. Raynor: No. Lady: Mr. Schriever said, he said the town was perfectly willing to take over the street. The road is public enough now without it becoming a public road. We get all the kids and cyclists from all the motels. Mr. Wickham: The town can't accept it unless you, the property owners, offer to it. Mr. Schriever: The Washburn property is under covenant that if the town will take it, it must be offered. Mr. Raynor: That would also entail considerable expense. We have been down to look at it. Mr. Wickham: If there is nothing else, I will declare the hearing closed because this is the imput we have to have. After the hearing was closed, there was more discussion on this subdivision and if the people would have any other opportunity to air their opinions. Public Hearing on the preliminary map of the subdivision of Charles Rand known as Brionngloid-by-the-Sea. Charles Rand, William Bo Smith and Arthur Goldberg, Esq., appeared. Mr. Raynor read the notice of hearing and presented affidavits of publication from the Suffolk Times and the Long Island Traveler- Watchman. Mr. Wickham: (went over the checklist) I have here the report from the County. The following letter was read: Dear Mr. Wickham: In accordance with your request ~e staff has examined the proposed subdivision layout for a 18.5- acre tract reputedly owned by Charles Rand and offer the following comments on the map for your use. With the exception of the proposed points of access to the lots from Main Road the map is considered to be generally satis- factory. It has been the policy of the Commission to disapprove any subdivision map that permits vehicular access to a County or State road. It is its feeling that unrestricted vehicular access to each lot having frontage on such a road will result in inter- Planning Board - -9- J~,ne 27, 1977 ference with traffic flow on that road. In the case of an existing access no objection is usually raised unless the access is contri- buting to a definite traffic problem. It is possible that the Commission may be amenable to the restriction of vehicular access to Lots 2 and 3 to the proposed right-of-way and the creation of a similar right-of-way at Lot line 4 and 5 to serve Lots 4, 5 and 6. In the latter case this can be accomplished by relocating the proposed right-of-way along the east map line whose purpose and need is not entirely clear. It is felt that a note should be placed on the map indicating that the area lying on the south side of Main Road is to be preserved as a conservation area. At the time of formal referral information should be provided indicating: (1) the setback from the Sound; (2) that sanitary disposal facilities will not be constructed within a minimum of 100 feet of the Sound and the upland edge of the Bay; and (3) that no stormwater runoff resulting from the development and improvement of any lot will flow out onto the State road. 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. Very truly yours, /s/ Charles G. Lind, Chief Planner Mr. Rand was given a copy of the above letter. Mr. Wickham: Have we a letter from the Town Highway Department? Secretary: Mr. Tuthill, town engineer, did not feel it was in his jurisdiction to comment as presumably the roads will not be built to town specifications. Mr. Wickham: Since the building inspector will no longer make specific recommendations in cases of this sort, we are asking our engineer to give us specifications somewhat less than town specifi- cations and to meet with the developer. Another thing that appears to me at this time, we have spoken of it before, but lot number 5 has the greater part of it on the south side of the highway and, again, we have said that no buildings will be allowed on the south side of the highway. Does anyone wish to be heard in opposition to this subdivision? Hearing none, I will ask for those that wish to be heard in favor of it. Mr. Goldberg: You have before you the preliminary maps and the correspondence. We will certainly do anything the Planning Board wishes in the way of roads or covenants and we put our subdivision before you on the basis of the papers that are there. Mr. Raynor: Is lot no. 7 presently in the subdivision? Mr. Goldberg: It has been deeded out and I want to thank the board. Planning Board - -10- ~e 27, 1977 Mr. Wickham: We said it would be subject to the same covenants and restrictions. Mr. Goldberg: They have them. Mr. Wickham: We will tie down this property, the heirs and so forth, so it cannot be resubdivided at some future time. This is our intent and we want to be very clear about it and include lot number 7. We have said this but I want it to come out in the hearing. Mr. Rand: Didn't we do that? We agreed to that before. Mr. Raynor: The question has been raised concerning lot number 7 and that is why I asked if it had been deeded out. We are going to proceed with the exclusion of lot number 7? Mr. Wickham: It is part of the subdivision but it has been released. Mr. Raynor: Has the ownership changed? In talking to the town attorney, he felt it might be good for the board to have the new owner to join in the covenants and restrictions. Mr. Goldberg: They will be glad to do it. Mr. Raynor: This is probably my most major concern pertaining to this subdivision, to let a parcel of land this size get away from US. Mr. Goldberg: If the board wishes, I will have the owner of lot 7 sign covenants and restrictions and have them filed with the board. Mr. Raynor: I see the County has some recommendations, my question being for lot number 4 as to whether or not it might be to the developer's advantage to create a walkway from the northeasterly corner of lot 4 to lot 5 so that they would not have to go out onto the highway, not that it would be a restriction on the lot. It might serve a good purpose. Mr. Wickham: If there is nothing else, I will declare the hearing closed and thank you very much. Sterling Forest. Harold Reese appeared. The following letter was read from Lawrence M. Tuthill, town engineer. On ~une 15, 1977 Mr. Dean and I inspected the site and noted that there are definitely clay deposits on the site. Because of the unsuitability of this clay in roads, it is recommended that these areas be removed to 4' below the proposed road grade and be filled with bankrun. It is also recommended that prior to final approval the exact location of the leaching pools be staked out and that test holes be dug in these areas. A letter is to be requested from the Supt. of Highways that he will not require a recharge basin. Planning Board -ll- ,~ne 27, 1977 Mr. Reese was given permission to stake out the roadway to determine how much clay is in that particular area. Public Hearing on the minor subdivision of property of Peter Kreh. Mr. Kreh appeared. Mr. Raynor read the notice of hearing and presented affidavits of publication from the Suffolk Times and the Long Island Traveler- Watchman. Mr. Wickham went over the checklist and read the following letter from the county. Dear Ms. Brush: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter, the above minor subdivision referral will not be reviewed because of noncompliance with the requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information is required before the referral will be reviewed: One copy of a grading plan where site grading other than found- ation excavation for a residential building is ~roposed. If no grading is proposed, a statement to that effect will be required. One copy of proposed profiles of streets, roads, and highways. If no new roads are proposed and no changes will be made in the grades of existing roads, a statement to that effect will be required. One copy of proposed drainage plan. If no new drainage structures or alteration of e×isting structures are proposed, a statement to that effect will be required. then The required material may be combined on one plan provided that the clarity of data is not impaired. /s/ Charles G. Lind, Chief Planner Mr. Kreh indicated there would be no site grading other than foundation excavation, no drainage structures and roads will be a right-of-way. Mr. Wickham: As I recall, this started in 1976 also. At this time, I will ask for anyone that wishes to be heard in opposition to this minor subdivision. Hearing none, those that wish to be heard in favor of it. Mr. Kreh: I am in favor of it. The County Planning Dept. is to be called to determine exactly what they mean by road. Planning Board - -12- .~ne 27, 1977 Mr. Wickham: Specifications for roads in minor subdivisions used to be determined by the building inspector. He will no longer do it so we are having our engineer get together with the developer and discuss it and come to some mutually satisfactory arrangement and present us with it and we will look at it and say O.K. Mr. Raynor: In order to lay out lot number 4 you will have to stake the right-of-way so he can see what's there. Mr. Wickham: If there is nothing else, I will declare the hearing closed. George and Opal Akscin minor subdivision. Mr. and Mrs. Akscin appeared. A question was asked about the property to the northeast in the name of Akscin and it was determined that it is in the Reydon Shores subdivision. In answer to who owns the lower 300 feet, the property is owned by Bruderman. There must be 150 foot frontage on lot no. 1. Mr. Wickham explained to them about the engineer recommending what kind of surface there must be on the right-of- way. Kouros major subdivision. Edward Boyd, Esq., appeared. Olympia Kouros is the owner of record of this property. Lots nos. 2 and 5 must be tied down to no further subdivision and the 50' being sold only to adjacent owners and not to be built upon. On motion made by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED to approve the sketch map of the subdivision of Olympia Kouros dated October 15, 1976 and amended June 16, 1977. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon and Wall. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to approve the sketch map of the subdivision of George & Opal Akscin dated April 15, 1977 and amended June 9, subject to 150 foot frontage being shown on lot no. 1. 1977 Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall As per request of the building inspector, Mr. Coyle and Mr. Gordon will inspect Driftwood Cove as to compliance with the site plan. Planning Board - -13- .Ume 27, 1977 Schriever change of zone application. Mr. Raynor suggested that a letter be requested from the Board of Education of the Oysterponds School District as to its comments on this change of zone. The property lies directly to the south across from the school on Route 25 and is an area of eight acres for business zone. The board would like to determine what impact it might have on the school. Zabohonski change of zone applications. Mr. Wickham reported that after going all the correspondence and all the people that objected, they brought up much the same things that the board determined from an on-the-site inspection. That the property was filled land, a lot of it, and it was obvious that there was a swamp there. There has to be some impervious material somewhere to hold up the water to l0 feet. If the existing water system is overloaded and clay on the site, there would be a problem both with water supply and sewage disposal. He immediately has a problem. The population is declining. There are two-family homes which are for sale and not selling. Mr. Coyle was made temporary chairman for the next two resolutions. On motion made by Mr. Wickham, seconded by Mr. Gordon, it was RESOLVED to recommend to the Southold Town Board denial of the application of Henry and Annette Zabohonski~ Application #236, for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District based on the following: 1. There is not water capacity enough in the municipal plant to provide for this use~ as per F. I. Utility Company, Inc. report. 2. This is filled land and it is the belief of the Planning Board that there is impervious material that would pose a problem both for water supply and on-site sewage disposal. 3. At this time, this type of use cannot be justified because of the declining population in the area. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Abstain: Wall On motion made by Mr. Gordon, seconded by Mr. Raynor, it was RESOLVED to recommend to the Southold Town Board denial of the application of Henry and Annette Zabohonski~ Application #235, for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District based on the following: 1. There is not water capacity enough in the municipal plan to provide for this use, as per Fishers Island Utility Company, Inc. report. 2. At this time, this type of use cannot be justified because of the declining population of the area. Planning Board ~ -14- .Uae 27, 1977 Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon Abstain: Wall On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to approve the map of the minor subdivision of property known as "Indian Woods", owned and developed by Rene Gendron, said map amended June 2, 1977 with a minor change in the road layout. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall The Planning Board made an on the site inspection of the Sturgess property on Fishers Island on which the owner would like to make a minor subdivision into two lots. The attorney for this matter, Stanley Reed, is to be notified to submit a sketch plan of the subdivision to the board. James Bitses - Old Towne Park cluster subdivision. This had been presented to the Town Board for its determination on whether or not it could be developed in the cluster concept. The Town Board sent it back to the Planning Board for recalculation eliminating the unbuildable land. The Planning Board is not willing to go along with this latest drawing because Mr. Bitses is using land subject to flooding for base. In the estimation of the Planning Board, in a cluster setup, there should not be more than an eight lot yield. This information is to be transmitted to Mr. Bitses and the Town Board. Mr. Gordon moved for the adoption of the following resolution: WHEREAS, the Planning Board at a regular meeting held January 24, 1977 recommended a drawing back of the turnaround on Sleepy Hollow Lane in the subdivision entitled "Sleepy Hollow at Southold" in order to comply with the Southold Town Wetland Ordinance; and WHEREAS, approval has been obtained from Martin Suter and Louis M. Demarest of the Southold Town Highway Committee and Raymond C. Dean, Superintendent of Highways; and WHEREAS, a permit has been issued by the New York State Department of Environmental Conservation; and WHEREAS, an Affidavit of Correction dated June 27, 1977 has been filed in the office of the Planning Board and has been or will be filed in the office of the Suffolk County Clerk; NOW, THEREFORE, BE IT RESOLVED that the Southold Town Planning Board approves the relocation of the turnaround as contained in the Affidavit of Correction~ and the other changes made by said Affidavit of Correction are approved. Plauning Board -15- ~me 27, 1977 Mr. Wall seconded the motion. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon, Wall Colonial Corners. Albert W. Albertson, Jr. The Planning Board reviewed the site plan presented to the board by Mr. Albertson. The site plan appears to be satisfactory but the Board will make a physical inspection of the premises. The main thing they are looking for is shrubbery and plantings. Norkus Crystaline factory. This matter was discussed and the ~-~anning Board has not yet received an exterior lighting schedule nor a paving schedule. Mr. Coyle and Mr. Gordon will go over this with the building inspector as to compliance. Morchel. The Planning Board will inspect this property as to plaint of a guard rail and landscaping as provided for in the site plan. It was the consensus of the Planning Board that whereas the property of Chinam Inn is in a business zone that, upon advice of the town attorney, it will be required that the Southold Association of Merchants will be required to go to the Board of Appeals for a special exception to hold a concert and it will be necessary that site plan approval be granted by the Planning Board. Mr. Franklyn Bear appeared before the Board regarding a hearing that is being held by the DEC on the 14th of July on whether or not a lot in Nunnakoma Waters can be used as a building lot. Objections have to be made before July 8, 1977. Mr. Wickham said that R~OLVET~-th~ in the opinion of the Planning Board, Lot no. 5 on Tepee Drive in Nunnakoma Waters subdivision is not suitable for a residence because it is filled land and, although water is available in limited quantities, it is not sufficient to meet the needs of today's family. For this reason, when this subdivision was approved, it was noted on the filed map that there should be no building permits granted on these lots until municipal water is available and because of the nearness to salt water. Vo~e ~f-the~Bo~rd: ^ ..... ' -- =~. Wmckhams,~ymer,~-Coy!e, Ge~,W~lI The DEC is to be notified by July 8, 1977 and that Mr. Wickham will appear if he is available that day. rtl Planning Board ~- -16- Tune 27, 1977 Motion was made by Mr. Coyle, seconded by Mr. Ray-nor and carried that the meeting be adjourned. Meeting was adjourned at 10:30 p.m. Respectfully submitted, Muri~l Brush,/Secretary