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HomeMy WebLinkAboutPB-12/16/1974Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 766-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Mo~sa Alfred Grebe Henry Raynor Frank Coyle MINUTES Southold Town Planning Board December 16, 1974 A regular meeting of the Southold Town Planning Board was held on December 16, 1974 at 7:30 p.m. Present were John Wickham, Chairman; Henry Moisa, Vice-Chairman; Henry Raynor; Frank S. Coyle. Mr. Grebe was unable to attend because of inclement weather. Werner Adel~ Jr. minor subdivision. Richard Cron appeared. Mr. Raynor read the Notice of Hearing. NOTICE IS HEREBY GIVEN that pursuant to Section 27~ of the Town Law, public hearing will be held by the Southold Town Planning Board at the Town Clerk's Office, Main Road, Southold, New York, in said Town on the 16th day of December, 1974, in the evening of said days on the question of the following: 7:30 p.m. Approval of the subdivision of a plat of property owned by Werner L. Adel, Jr. located at Cutchogue in the Town of Southold, County of Suffolk and State of New York, said lands hereinafter being more particularly described as follows: BEGINNING at a point on the northerly line of Main Road, at the southwesterly corner of the premises herein described, said point being ?84.94 feet as measured along the northerly line of Main Road from its intersection with the easterly line of Elijah's Lane; from said point of beginning running thence along land of Surer two courses and distances: (1) N. 26° 19' 20" W. 1354.81 feet; thence (2) N. 59° 51' 30" E. 495.53 feet to l~ud about to be con- veyed to James E. Cross; running thence along said land and land of Conrad Bagenski and Frances Bagenski, his wife, S. 26° 19' 20" E. 1232.31 feet; running thence along land of Kaelin and land of Conrad Bagenski and Frances Bagenski, his wife, S. 21° 26' 50" E. 282.51 feet to land of Stepnoski; running thence along said land two courses and distances, Planning ~rd -2- .=J- December 16, 1974 (1) N. 83° 10' 50" W. 100 feet; thence (2) S. 6° 10' 50" E. 150 feet to the northerly side line of Main Road, running thence along said line two courses and distances, (1) N. 83° lC' 50" W. 283.39 feet; thence (2) N. 86° 00' W. 113.27 feet to the point or place of be-ginning. Containing 15.559 acres, more or less. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: November 23, 1974 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN Proof of publication was presented from the Long Island Traveler-Mattituck Watchman and the Suffolk Weekly Times. Mr. Wickham read the Declaration signed by Werner Adel, Jr. DECLARATION made this 4th day of October~1974, by WERNER L. ADEL, JR., residing at 1351 Woodside Avenue, Baldwin, New York ll510, hereinafter called the "Owner"; WHEREAS, the Owner has title to certain lands situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, said lands here~ inafter being more particularly described; and WHERJEAS, it is the Owner's intention that the afore- said lands be subdivided into a minor subdivision consist- ing of not more than four residential lots: NOW, THEREFORE, the following described lands shall be restricted as hereinafter set forth: (Description was not read but is as put forth in the Notice of Hearing.) BEING AND INT~MDED to be the same premises conveyed to Werner L. Adel, Jr., by deed dated the 28th day of September, 1972, and recorded in the Office of the Clerk of the County of Suffolk on the 13th day of October, 1972, in Liber 7261 of deeds, page 219. DECLARANT does hereby warrant, covenant and represent that on approval of the aforesaid described lands as a minor subdivision by the Planning Board of the Town of Southold, no further application will be made to that Board or to any other Board in the Town of Southold to further subdivide any of the lots set forth in said minor subdivision. DECLARANT does hereby further warrant, covenant and represent that the aforesaid described lands within the minor subdivision cannot be Subdivided into more than four lots and that each such lot shall comprise an area of not less than three and one half acres. DECLARANT does hereby further warrant, covenant and represent that the foregoing restrictions and agreements shall bind the undersigned, his heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of any of the lots shown on said aforesdescribed premises in said minor subdivision by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has caused his hand and seal to be affixed this 4th day of October, 1974. /s/ Werner L. Adel, Jr. Planning ~ard -3 .... December 16, 1974 Mr. Wickham: We have asked the developer to make a few minor changes. This has been before the Board several times and the changes have been made. It is our belief that everything is complete and in order. Is there any- one who wishes to be heard in opposition to this subdiv- ision? Hearing none, is there anyone who would like to speak for this subdivision? Mr. Cron: As the Board well knows, we have appeared on a number of occasions. We think we have complied with all~ the requirements of the Board. It is a minor subdivision and it consists of four lots all of which are not less than 3-1/2 acres. In the light of no objection, I would urge the Board to approve the minor subdivision. Mr. Wickham: On behalf of the Board, this is the clearest and most precise declaration that we have had come before us. The Town is basically interested in having larger than the minimum size. If there is nothing more, I will declare the hearing closed. Soundview Acres at Orient. Mr. Cron appeared. Mr. Cron had presented maps at the office on December 13, 1974. The Board reviewed the map with the change in road location and directed that it be forwarded to the Highway Committee and Highway Superintendent. Mr. Coyle suggested that a subdivider should make water tests before going ahead with drawing up maps, etc. for the subdivision of land. On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board approve the minor subdivision of Werner Adel, Jr. located at Cutchogue, New York on map dated April 3, 1974 revised December 12, 1974 subject to approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Wickham, MOisa, Coyle and Raynor. Mr. Raynor voted "aye" because it is necessary to have a vote of a majority plus one for any actions to be sent to the Suffolk County Planning Commission. On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board approve the final map of the subdivision known as Inlet East subject to the following: Planning ~ard -4- -- December 16, 1974 1. Receipt of slope easement by the Town. 2. Acceptance by the Town Board of the bond and receipt of the inspection fee. 3. Resolution of the problems of the dike and spillway. 4. Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle. On motion made by Mr. Moisa, seconded by Mr. Coy!e, it was RESOLVED that the Southold Town Planning Board recom- mend to the Southold Town Board the bond estimate prepared by Lawrence M. Tuthill, P. E. in the amount of $36,000 for improvements in the subdivision Inlet East. Vote of the Board: Ayes: Wick=ham, Moisa, Coyle, Raynor. Greenfields. Gary Olsen, Esq. appeared. Mr. Raynor read the Notice of Hearing. NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearing will be held by the Southold Town Planning Board at the Town Clerk's Office, Main Road, Southold, New York, in said Town on the 16th day of December, 1974, in the evening of said day, on the question of the following: 8:00 p.m. Approval of the final map of plat of property owned by Gorwitz and Barnett entitled "Greenfields at Southold" consisting of a parcel of land situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at the intersection of the easterly line of Tucker Lane with the northerly line of land of Long Island Railroad Co.; from said point of beginning r~u~.ing along said easterly line of Tucker Lane, two courses. (1) N. 22° 05' 00" W. 592.13 feet; thence (2) N. 21° 50' 30" W. 339.49 feet to land of Donahue; thence along said land of Donahue N. 68° 39' lC" E. 999.18 feet to land of Conway; thence along said land of Conway S. 24° 58' 20" E. 602.05 feet; thence along land of Campbell S. 25° 18' 00" E. 140.22 feet; thence along land of Grattan and along said land of Long Island Railroad Co., S. 25° Ol' 50" E. 235.65 feet; thence along said land of Long Island Railroad Co. three courses: (1) S. 70° 31' 20" W. 652.0 feet; thence (2) N. 25° 54' 40" W. 10.05 feet; thence (3) S. 70° 31' 20" W. 399.30 feet to Planning ward -5 .... December~,~16, 1974 the point of beginning. Containing 22.465 acres, more or less. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: November 23, 1974 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN Proof of publication was presented from the Long Island Traveler - Mattituck Watchman and the Suffolk Weekly Times. Mr. Wickham noted that the surveyor's stamp was not on the final map. The following letter was read under date of October 25, 1974 from the Superintendent of Highways to the Twin Fork Fence, Inc. Dear Mr. Perricone: I have your letter of October 21, 1974 requesting my approval on the type fence and construction to ~ used for the recharge basins located at Greenfields Estates in Southold and Oregon View Estates located in Cutchog~e. I hereby give my approval to the type of fence and the construction to be used in these two areas for the recharge basins. /s/ Raymond C. Dean The following letter under date of September 17, 1974 to the Superintendent of Highways was read: Dear Sir: I inspected the installation of ca,ch basins at Green- fields. As of this date catch basins and their connecting pipes have been installed by lots l0 and 20 and at the end of Barley Lane. The contractor has installed these basins and pipes satisfactorily. /s/ Edward J. Bage, P.E. Mr. Wickham: There is an approval from Howard Terry to remove ~opsoil. There is a letter from the secretary to Mr. Olsen informing him that the preliminary map has been approved and approval of the roads and drainage have been received from the Town Highway Committee and the Town Highway Superintendent so that his client may commence construction of the roads. There is also a letter from this office to Mr. Van Tuyl that the hydrants and mains will have to be located on the final map. There is a Planning~rd -6- -- December 16, 1974 letter under date of May 14, 1974 from the Superintendent of Highways approving of the drainage and roads. The following letter was received from the Subdivision Review Section of the Suffolk County Department of Planning under date of April 19, 1974. Dear Mr. Wickham: In accordance with your request, the staff of the Suffolk County Planning Department has considered the above captioned proposed subdivision map and offer the following comments for your use and consideration. The layout from the point of view of its effect upon county, state or federal roads and facilities is considered to be satisfactory provided that adequate drainage structures are provided to protect the county sump. You may also want to consider the following: 1. The relocation of the lot line for Lots 5 and 6 so that these lots back on to rail road right-of-way thereby permitting the positioning of the houses at a greater distance from the track. 2. The staff questions the need for extending Green- fields Lane to a connection with Sunshine Road. Should the Town proceed with such an extension, then it should be designed with a short radius curve rather than the sharp breaks in alig~ment as shown on the drawing. Use of the curve will facilitate traffic movement and eliminate possible encroachment onto private property at the sharp bends. Staff comments on a preliminary map do not constitute a review. When this map is in the final stage of prepara- tion, it should be referred to the Suffolk County Planning Commission for review pursuant to Section 1333 of the Suffolk County Charter. /s/ Charles G. Lind Mr. Wickham: There is a letter from Mr. Dean under date of April 9, 1974 recommending a 100' turnaroundon Green- fields Lane and a 100' turnaround on Barley Lane. I would like to com.men~ that the dotted lines for the turnarounds on the final map are very light. There is an affidavit of ownership signed by Linda Gorwitz and Judith Barnett. The address on the final map is different than that on the affidavit of ownership. Recommendation~ihave been received from Mr. Barnett of the Soil and Water Conserva- tion District. I would like to present at this time the estimate of the bond from Lawrence Tuthill in the ~mount of $75,000. In view of the fact some of the clearing and rough grading has been done, it is estimated that $25,000 worth of work has been done so the basis of the inspection P!anning ~ard -7- ~ December 16, 1974 fee is $100,000. On motion made by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board recom- mend to the Southold Town Board the bond estimate in the amount of $75,000 for the subdivision known as Greenfields as prepared by Lawrence M. Tuthill, P.E. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Moisa. Mr. Wickham: This completes the file. We have had this before us for well over a year. At this time, I would like to open the hearing and we will firs~ hear those who wish to speak in opposition to the subdivision. Hearing none, I will hear those wishing to speak for it. Mr. 01sen: I am the attorney for the applicant. We have submitted this matter back in August of 1973 and periodically appeared before the Board since that time. I believe we have complied with all the requests of the Planning Board and we have all the governmental approvals and I would respectfully askr~ its approval. Mr. Wickham: If there is no other person wishing to speak I will declare the hearing closed and we will discuss it further tonight. Leisure Oaks - Factory Avenue condominiums. Steve Tsontakis appeared. Mr. Wickham asked Mr. Tsontakis if municipal water was available would it be to his advantage to connect up with the municipal plant. Mr. Tsontakis answered in the affirm- ative. Mr. Raynor made the following recommendations on the map which the Planning Board had presented to them by Mr. Tsontos November 8, 1974. t. Six inch main be provided for future hookup on the westerly portion of the premises. 2. Length of buildings be checked. 3. Superintendent of Highways review map for road specifications. 4. 364square feet be provided for parking per car instead of 300 square feet, 5. Planting schedule be provided. Planning ~.ard -8- December 16, 1974 6. Lighting schedule be provided. 7. Side, front and rear profiles be provided. 8. Architectural review for design. 9. Sewerage pool locations be shown. 10. Show height to distance ratio. Mr. Tsontakis: Bob Villa says there is nothing wrong from the standpoint of the Health Department. At 50 feet we hit nitrates but when we went down to 80 feet the nitrates went down to 6. The ph is pretty low, the chlorides were low, the detergents are low. Mr. Tsontakis left for the file copy of a letter from Mr. Villa of the Suffolk County Department of Health and a copy of the analysis of the water. Mr. Tsontakis presented a drawing revised October 29, 1974. Mr. Wickham asked Mr. Tsontakis if he would agree if the Planning Board said to him that this has to be condominiums and Mr. Tsontakis answered in the affirmative. The secretary was directed to send the recommendations to Mr. Tsontakis and to show~H0ward Terry, Building Inspector, the new drawing for his comments. Riversid~ Homes~ Inc. Claude Carlson and Howard Young, P.E. appeared. Mr. Raynor expressed the thought that the plan looked like an effort to avoid road construction and that lots 1 through 9 do not cOnform with road frontage required. Mr. Young was asked how many people have use of the right Of way and ~he said he believed it was only the property that it goes to. Mr. Wickham agreed with Mr. Raynor that the developer was not using the best' part of the property for development. Westphalia Road should be used. The secretary was to check with Howard Terry, Building Inspector, as to whether houses could be built on the right of way. Mr. Raynor was to check this with the Town Attorney and Mr. Young was to be informed and placed on the agenda for the next regular meeting, if possible. John Simicich minor subdivision. Mr. Simicich and Mr. Young appeared. Planning k~ard -9 .... December 16, 1974 Mr. Cuddy: He wants to purchase these three lots and run an easement up on the easterly side of the property. Each lot is in excess of 40,000 square feet. To develop it he has to have an easement going up one side. He intends to retain the two-story dwelling house and rebuild it. It is old and run down. Mr. Raynor: Is this purchased out of Albertson or Overton? Mr. Cuddy: It is owned by Mrs. Ruebsamen. Mr. Wickham told Mr. Cuddy that the Board would like to study the map further and give some recommendations to Mr. Cuddy at the next meeting. Long Pond Estates. E. Wilsberg and Richard Cron, Esq. appeared. It was suggested that it might be wise to run municipal water in because of the clay problem. Test holes will have to be made to determine what is there. The Board directed the secretary tO send one copy of the map of this sub- division to the Suffolk County Department of Planning Subdivision Review section for their unofficial comments. It was also directed that a copy of the map be sent to Mr. Charles Barnett of the Soil and Water Conservation District for his study with particular emphasis on the north portion which is probably in a clay belt. Pebble Beach. Rudy Bruer, Esq. and Lawrence Tuthi!l appeared. Mr. Tuthill: The cross-section shows 24 feet paved but the Highway Department wants it paved for 36 feet. 100 foot setbacks should be shown on the map on the Sound p~rtion of the subdivision.' Mr. Wickham asked for a state- ~ent saying that the owners are willing to~ allow a connect- zong to the e~st at the north end of open space A at some time in the future as it appears to be in the best interest of the developers and the Town of Southold. This would be in the event that the devel'op~ers or p~operty owners assoc- iation would want to dedicate the roadsto the Town. Hydrants must be shown on the map. There was some dis- cussion as to spurs being placed in the road for water at the same time the underEround utilities are installed. Mr. Tuthill requested a meeting with the engineers that do work in the town concerning assUmed elevations. Planning ~ard -10- ~ December 16, 1974 Mr. Luso's request to install 16" curbs instead of 18" curbs in the ToWn of Southold was to be referred to Mr. Dean, Superintendent of Highways, for his recommendations and comments. August Acres. Mr. Villa of the Health Department had asked for something from the town to say that lot #1 in this subdivision could be filled and built upon. Mr. Wetmore has informed the secretary that this was an old irrigation ditch. Mr. Wetmore was to be asked for a statement from the developer or himself that this was an irrigation ditch and not a natural pond and therefore could be filled. Syloret. Mr. Dean was to be contacted as to a way to get the water from the swales into the recharge basin and how far he wants the road paved. Also to be checked was only two leaching basins shown on map instead of four as requested. On motion made by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board the bond estimate of $75,000 as prepared by Lawrence M. Tuthill, P.E. for the subdivision known as Greenfields at Southold. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED tha~the Southold Town Planning Board recom- mend to the~S0Uth01d!TOwn BO~rd approval 0f the application of St. Peter's Lutheran ChUrCh fora change of zone on property located on Chapel Lane and the Main Road, Greenport, from "A" AgricultUral Residential to "M-l" General Multiple Residence to permit the construction of mmlti residents for Senior Citizen Retirement Commmuity. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor. Planning Bo~ard -11- December 16, 1974 Motion was made by Mr. Raynor to approve the minor subdivision of the property of August Garelle. The motion was lost for a second as the Board felt the proposed sub- division required more study. On ~motion made by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board hold a public hearing on the final map of the subdivision known as Pebble Beach Farms at East Marion, New York, on January 27, 1974. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle. On motion made by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board approve the map of the minor subdivision of Charles Rizzo and Virginia Rizzo dated November 8, 1974. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor. On motion made by Mr. Moisa, seconded by Mr. Coy!e, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board the bond estimate in the amount of $20,000. as prepared by Lawrence M. Tuthill for the subdivision known as Syloret. Vote of the Board: Ayes: Wickham, Raynor, Moisa, Coyle. The Board reviewed the map sent by Mr. Cardinale and Mr. Cardinaie was to be informed to submit five more copies before theBoard can act. Mr. Wickham read the following letter from the Suffolk County Department of Planning regarding Soundview Meadows. Dear Mr. Wickham: The Suffolk County ~larming Commission at its regular Planning B~ard' -12- ~ December 16, 1974 meeting December 4, 1974, reviewed the above captioned proposed subdivision plat referred to it pursuant to Section 1333, Suffolk County Charter. After due study and delib- eration, it did take the following action: The Map of Soundview Meadows, as submitted, was approved subject to the meeting of the two following con- ditions: 1. That only one access point to Middle Road, C. R. 27, from Lot 4 be permitted and no additional access point be requested by the lot owner in the future in order to protect the traffic carrying capacity and safety of the county road. 2. That steps be taken to protect the stream from the adverse effects of clearing, grading, and erosion on the tract as this stream flows through County Park property and discharges into Goldsmith Inlet. /s/ Charles G. Lind The Board is generally agreeable with the report of Charles Barnett of the Soil- and Water Conservation District as to the construction of swales in the subdivision known as Greton owned by the Horton and Grefe brothers. It was directed that Mr. Horton be sent a copy of the recommenda- tions. On motion made by Mr. Coyle, seconded by Mr. Raynor and carried the minutes of the meeting of November 18, 1974 were approved. Mr. Wickham announced that a meeting had been set up to be jointly held by the Planning Board and the County Extension Service on the acquisition of farmland on January 8, 1975. The Planning Board would like a statement from the developers of the subdivision known as Syloret that after construction of the road it be dedicated to the Town of Southold. Motion was made, seconded end carried that the meeting be adjourned. Meeting adjourned at ll:15 p.m. W~ Respectfully ~ubmit~, ., MurielqBx~sh, S~6r~tary ickham, Chairman