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HomeMy WebLinkAboutPB-10/28/1974$outhold Town Planmng Board SOUTHOLD, L. I., N. Y, 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle MINUTES Southold Town Planning Board October 28, 1974 A regular meeting of the Southold Town Planning Board was held on October 28, 1974 at 7:30 p.m. Present were John Wickham, Chairman; Henry Moisa, Vice-Chairman; Henry Raynor, Frank S. Coyle and Alfred Grebe. Oregon View. Gary Olsen appeared. M~: Moisa read the notice of Public Hea~±ng.~ NOT'ICE IS HEREBY GIVEN that~ursuant to Section 276 of the Town.. Law, a public hearing wit~l be held by the Town of Southold~i~lanning B~a~d at the Town Clerk's 0ff~ice, Main Road, Southold,!m~jNew York, in said Town on the 28th day of October, 1974, at ~,30 o'~clock in the evening of the same day en the question o£~mthe final approval of the following plat: Plat of property owned by Louis Modor entitled "Oregon View Estates" consisting of a parcel of land situated at Cutchogue, in the Town of Southold, Suffolk County, New York, and bounded and described as follows: BEGINNING at a point on the northwesterly line of Middle Road (C. R. 27) which point is southwesterly of, as measured along the arc of a curve bearing to the left with a radius of 5,669.58 feet for a distance of 514.73 feet from the south- westerly terminus of an arc of a curve connecting the south- westerly line of Deep Hole Lane with the northwesterly line of Middle Road (C. R. 27); and running thence southwesterly along the northwesterly line of Middle Road (C. R. 27) the following courses and distances: (1) on a curve to the left with a radius of 5,669.58 feet for a distance of 382.18 feet; (2) S. 45© 32' 05" W. 2~2.89 feet to the land of Pauline Matwieczyk, and run- ning thence N. 50° 30' 35" W. along the northeasterly line of land of Pauline Matwieczyk 1,008.19 feet to the northerly corner of land of Pauline Matwieczyk; thence S. ~0© 56' 25" W. along the northwesterly line of laud of Pauline Matwi~bzyk 201.32 feet to the westerly corner of land of Pauline Matwieczyk; and Planning Boa~ -2- October 28, 1974 running thence S. 49° 38' 25" E. along the southwesterly line of land of Pauline Matwieczyk and along land of Paul and Bertha Gancarz 990.49 feet to the northwesterly line of Middle Road (C. R. 27), and running thence S. 45° 32' 05" W. along the northwesterly line of Middle Road (C. R. 27) 561.22 feet to the land of Thomas McGunuigle, and running thence N. 47° 53' 25" W. along the northeasterly line of land of Thomas McGurnaigle 600.00 feet to the northerly corner of land of Thomas McGunnigle, and running thence S. 45° 32' 05" W. along the northwesterly line of land of Thomas McGunnigle 150.27 feet to the land of the estate of John Simcik, and running thence northwesterly, northeasterly and again northwesterly along the land of the Estate of John Simcik the following courses and distances: (1) N. 47° 53' 25" W. 666.00 feet~ ~2) N. 45° 28' 45" E. 669.36 feet; (3) N. 49° 51' 55" W. 840.36 feet to the land of Walter Ficner, and running thenoe N. 40° 52' 15" E. along the land of Walter Ficner 190.53 feet to the ~land of Alexander Domaleski, and running thence southeasterly and northeasterly along the land of Alexander Domaleski the following oourses and distances: (1) S. 50° 33' 05" E. 439.52 feet; (2) N. 38° 16' 15" E. 585.44 feet to the land now or formerly of John Matwieczyk, and running thence S. 51° 43' 45" E. along the land now or formerly of John Matwieczyk 1754.70 feet to the northwesterly line of Middle Road (C. R. 27) and the point or place of beginning, containing an area of 46.983 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: October 7, 1974 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD. JOHN WICKHAM, CHAIRMAN Affidavit of publication was presented from the Long Island Traveler-Mattituck Watchman. Affidavit of publication was presented from the Suffolk Weekly Times. Letter under datedof October 16, 1974 from the Planning Board to Gary Flanner Olsen, Esq. was read. Dear Mr. Olsen: I have in my file the signatures of the Superintendent of Highways and both members of the Highway Committee agEeeing with the new design on drainage for the above Subdivision on map #73~207 amended September 13, 1974 prepared by Young & Young, Surveyors, subject to Planning Board approval. It was the consensus of the Planning Board that Mr. Dean had stopped construction and was, therefore, the one to allow it to resume. You have a letter in your file from Mr. Dean to that effect. If you would like more concrete action on the part of the Plarnaing Board, it will be necessary for you to wait until the meeting of October 28th. It is my opinion that the acceptance by the Highway Superintendent and the Highway Committee is sufficient. /s/ Muriel Brush, Secretary Planning Boa~ -3- -' October 28, 1974 Letter under date of October 3, 1974 to the Planning Board from Young & Young, Surveyors was read. a Gentlemen: At the direction of Gary F. Olsen, Attorney at Law at Mattit~ck, New York, I am transmitting herewith a description of realty subdivision to be known as "Oregon View Estates" proposed to be filed in the Office of the Clerk of Suffolk County. This description differs slightly from the original description of this property furnished you, which was prepared from deed records. /s/ Howard W. Young Letter under date of September 30., 1974 to the Planning Board from Raymond C. Dean, Superintendent of Highways, was read. Gentlemen: The Southold Town Highway Committee, Mr. Lawrence Tuthill, P. E., and I concur with the new design on drainage located at Oregon View Estates Subdivision. /s/ Raymond C. Dean I concur subject to the Southold Town Planning approval. 10/1/74 /s/ Martin Surer 10/16/74 /s/ Louis M. Demarest Mr. Wickham: As far as I can see this completes the file. We have had some problems but these have been ironed out to the satisfaction of the Highway Committee, the Superintendent of Highways and the Planning Board. At this time I will open the. hearing to anyone who wishes to speak in opposition to this subdivision. Mr. Hargrove: Are park and recreation areas open to everyone in the town or just the residents of the subdivision? Mr. Wickham: It is supposed to be for residents of the sub- division. If the roads are dedicated and it is accessible to other people, it is to be expected that other people will use them on occasion. They are designed to accommodate the resi- dents of the subdivision and they are laid out in area and so forth with that in mind. Loraine Terry: Pauline Matwieczyk, is there any thought on the Planning Board's part of what would happen in the event they wanted to develop it? Could it be done? Mr. Wickham: The Planning Board insisted that the developer have some spur streets so that in some future time the back of it could be developed. Jean Tiedke: How wide is that strip? Planning Bo a~d -4- October 28, 1974 Mr. Raynor: It is about 200 feet wide by about 1,000 feet long. Mr. Hargrove: Are there going to be turnarounds as shown? Mr. Wickham: The Town Highway Department insists on having reserve strips at each side for a turnaround. They are dotted in. Mrs. Tiedke: What will be done about all the dust that blows off that place? Mr. Wickham: We will talk about that later. We will now hear from anyone who wishes to speak in favor of this subdivision. Mr. Olsen: I have been here since March of 1973. I think I have said all that could be said. The Planning Board is familiar with it. We have met all the requirements and I urge its approval. Mr. Wickham: The Board concurs with your sentiments. I would like to point out that we have had some discussions in regard to this particular subdivision about some treatment of the exposed soil areas and we have specifically asked Mr. Barnett of the Soil and Water Conservation District to make some recommendations. He promised them to us but they are not in the file yet. The Planning Board is allowed to approve with recommendations and it is my thinking that any recommendations that he might suggest would be very minor and something that you ought to do any way which is to plant ~ye and try and keep it from eroding. I have an appointment with him in Cutchogue on the 30th which is the day after tomorrow and I am sure that he will have those recommendations by that time. I am just saying that the Planning Board will give you his recommendations. Mr. Olsen: Let me know what you want to do and I will take it up with him. Mr. Wickham declared the hearing closed. Garelle minor. Mr. 01sen appeared. The Planning Board was shownthe new maps corrected as to the recommendations of the Planning Board at a previous meeting. The Planning Board is now waiting for receipt of the deed showing the transfer to Eleanor Garelle. Beach Aire Estates. (Col. Ted Dowd) Thomas Daly, Esq. appeared. The Board lookedat the revised maps and advised Mr. Daly to put street names on his final maps. Planning Board -5- -J October 28, 1974 Rizzo minor. William Clark, Esq. appeared. Mr. Clark was advised to send the Planning Board six copies of the map drawn up by a surveyor. Werner Adel~ Jr. minor subdivision. Richard Cron, Esq. appeared. Mr. Cron presented the Board with revised ~ovenants and restrictions as recommended by the Town Attorney. He also presented twelve maps with spot elevations. He was advised again that the right-of-way to the west of the property is owned by Alma Surer, not Martin Surer. This will have to be corrected and presented to the Board. Soundview Estates at Orient. (Cinelli-Hornwood) Richard Cron, Esq. appeared. Recommendations are to be obtained from the Highway Superin- tendent, Highway Committee and Lawrence M. Tuthill, P.E. on the drainage provisions and the road on the northerly section of this map. Orient Point. Richard Cron, Esq. appeared. Mr. Cron requested a three month extension of time on this map. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board grant an extension of three months on the preliminary map of the sub- division known as Orient Point subject to the written request of Mr. Cron. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. Mr. Coyle moved for the adoption of the following resolu- ti on: WHEREAS the Southold Town Planning Board at a regular meeting held on February 20, 1974 recommended to the Southotd Town Board denial of the application of Richard C. Wilton and John C. Clanton for a change of zone on certain property located at Greenport, New York, from "A" Residential and Agricultural to "M-l" General Multiple Residence District and "B" Light Business District based on the lack of a guarantee that the Village of Greenport would supply water and sewage facilities and the density should be limited to 162 units in compliance with "M-l" requirements; and Planning Bo~d -6- October 28, 1974 WHEREAS a communication has been received from Mr. James I. Monsell, Superintendent of Utilities for the Village of Greenport, grants the request to connect a 162 unit K.0.A. campground to the Village Sanitary Sewer System pending a signed legal agreement between the Village of Greenport and Wilton and Clanton; and WHEREAS a communication has been received from Richard F. Lark, Esq., Attorney for the applicants, agreeing to reduce the campground to 162 units; it is RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board approval of the aforesaid applica- tion. Motion was seconded by Mr. Grebe. Vote of the Board: Ayes: Wick~a~, Moisa, Raynor, Coyle and Grebe. Mr. Grebe made a motion, seconded by Mr. Raynor and carried that the minutes of the regular meeting of October 7, 1974 be approved. Mr. Johnson's problem of a gulley running across his property causing flooding conditions in the spring was dis- cussed. Mr. Raynor will look into the matter and report back at the next meeting. This property is located near the Rosewood subdivision in Mattituck, Rath subdivision. George Stankevich, Jr., Esq. and Mr. Rath appeared. The Board studied the map and listened to Mr. Stankevich's comments which included the intent to keep the screening intact, using cul de sacs and a foot path to the park and playground. Mr. Wickham: Lots 9, 10, ll and 12, perhaps, are filled land and even possibly 8 and 13 as well. Are you going to be able to get an adequate supply of water? Mr. Stankevich: Some tests have been made and we feel adequate water will be found. If it couldn't be found, we would give those lots water easements to the north and west. The existing house on lot ~ is serviced by a large pump system on 16 and 17. I think it is noteworthy that if we looked to the westerly side of North Bayview Road, those properties have gotten water opposite lot 12. Mr. Wickham: From a realistic assessment, the flow of ground water is from north to south. Chances are the Rath property Planning Board -7- ~- October 28, 1974 is already supplying some of these wells across the road and if you put more in you will have more trouble. Mr. Stankevich was directed to do testing for water quantity and find out how far they are from municipal water. Mr. Raynor: Why has the engineer put the drainage area out- side the subdivision? Mr. Stankevich: That is the natural slope of the land. If that drainage area were to be put within the confines, it would result in a reduction of the area. Recharging water would not only be beneficial to the landowner but to the people who bought houses in that area. Mr. Wickham: You have a problem getting it under the highway because you have no difference in elevation. .You can't run stormwater drainage pipes below w~ter level. ~t doesn't work. Mr. Stankevich: This would be subject to working out engineer- ing feasibility. Mr. Wickham: I feel you don't have enough difference in grade. You could look at the sand swale concept particularly on the east end and by the southwest end where you have sand anyway. Mr. Stan~evich agreed to check on the water, drainage, obtain better topos and check the sewage disposal. St. Peter's Lutheran Church$change of zone application. Mr. Koch, architect; ~g L. Price, Esq., Attorney for the appli- cant; Reverend Coleman, Pastor of St. Peter's; and members of the parish council ~peared. Rev. Coleman made the presentation. The Church has purchased the Pell property which is part business and the twenty-six acres behind the church bounded by Chapel Lane and the Middle Road. He has talked with Mr. Monsell and the Village Board informally and has a letter saying they look favorably on the proposal and a letter is forthcoming that they will grant use of the Greenport Sewage facilities as requested. Mr. Wickham: We are always interested in what density you are thinking in terms of. Mr. Koch: Roughly 31 units with a total population of 249 living units. The total acreage is 26-1/2 acres, roughly. Mr. Price: property. Mr. Koch: We could amend our petition to include the garage It is part "AY and part "BY. It would be about thirty acres with that. Rev. Coleman: We would like to include the church property, too, as we would like to have a community center. We would Planning BoOzed -8- " October 28, 1974 Rev. Coleman: Mr. Wickham: church. like a swimming pool as this is recreational for all ages. We feel that a church serves best when it is used most. Mr. Coyle: Is this a fifty foot right-of-way to Middle Road? Yes. There ame thirty-three acres including the Mr. Raynor: You are asking for 7.3 and the present ordinance is 6.5 per acre which binds our bom~d~ TSe Town Attorney says we cannot recommend anything that does not comply with the zoning ordinance. We always advise to stay within what is allowed by the ordinance. We really recommend that you stay five percent under it because something always comes up and you will wish you had. Rev. Coleman: It was initially drawn to be presented to the Village Board and we wanted to be a little cautious in that, tOO. Mr. Coyle: You say you have a letter. Mr. Coleman: Mr. Monsell says they have voted ~o give the service to three petitioners and we are one of the three. Mr. Raynor: Are you looking for one or two stories? Mr. Koch: One story, low to the ground with ramps and long walks, etc. Mr. Raynor: We are talking about twenty-one units based on thirty-four acres. Mr. Wickham: Would this be limited to Lutherans or Protestants in general? Rev. Coleman: Our own parisRioners would have to be given first preference. Mr. Price will send in an amended petition. On motion made by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED to approve the map of the minor subdivision of the Estate of Marie Vermaelen as approved by the Southold Town Board of Appeals. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. On motion made by Mr. Raynor, seconded by Mr. Grebe, it Planning Boa~.d -9- -' October 28, 1974 was RESOLVED that the Southold Town Planning Board recomm, end to the Southold Town Board the bond estimate dated October 28, 1974 prepared by Lawrence M. Tuthill, P.E. for the subdivision entitled "Oregon View Estates" at Cutchogue, New York, in the amount of $100,000.00. Vote of the Board: Ayes: Wickh~'~ Moisa, Raynor, Coyle and Grebe. The secretary was directed to send a copy of the letter of April 18, 1973 to Mr. Jack Levin of the Sound Shore Motel asking him to comply if he wishes release of his bond. Day Estate. Mr. Walter Kapp, Esq. had been in earlier in the week and was confused as to whether he should go to the Board of Appeals or the Plauning Board first. Mr. Gillispie directed him to go to the Planning Board. The Planning Board looked at the sketch which Mr. Kapp had left in the office and said that the property would have to include Mrs. Day's lot with a four lot maximum for a minor subdivision, sShe will have to make three legal lots and get a variance on the fourth lot for underwidth. George Edwards Estate. Mrs. Hale, an heir, had been in earlier in the week. The Board felt she could not go for a major subdivision because of insufficient access to the North Road (01d Main Road). She can go into a minor subdivision of four lots but will have to reserve an area for a future east- west road connection. She will have to show 100 foot setbacks from the bluff for building line. The Board looked at the sketch map of Cardinale showing a ten foot right-of-way to Peconic Bay. The secretary was directed to ask Mr. Cardinale for six maps of the minor subdivision prepared by a surveyor. On motion made by Mr. Grebe, seconded by Mr. Coyle, it was RESOLVED to accept the recommendations of the Highway Superintendent for "Oregon View" in letter dated September 30, 1974 with the endorsement of both members of the Highway Committee. Vote of the Board: Ayes: Wickham, Raynor, Moisa, Coyle, Grebe. Planning Boated -10- October 28, 1974 On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that a public hearing be set for the minor subdivision of Werner Adel~ Jr. located at Cutchogue, New York, after the maps are presented with the correct description. Vote of the Board: Ayes: Wickham, Raynor, Moisa, Coyle and Grebe. On motion made by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED to set a date for a public hearing on the final map of subdivision known as Inlet East located at Mattituck, New York. Vote of the Board: Ayes: Wickham, Raynor, Moisa, Coyle and Grebe. On motion made by Mr. Raynor,. seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board approve the preliminary map of the subdivision known as Eli~ah's Lane Estates~ Section 2, located at Mattituck, New York, with the condition that additional catch basins be placed on both sides of the road at station 23 + 00 of Jeremiah's Lane, approval of the Highway Superintendent and Highway Department be obtained, and the recharge basin in Section I be completed or at least well under construction before any lots can be sold in Section 2. Vote of the Board: Ayes: Wickham, Raynor, Moisa, Coyle and Grebe. The secretary was directed to send the maps of Rod 'n' Reel to the Highway Department and the Highway Committee and Lawrence M. Tuthill, P. E. for recommendations. The secre~ry was directed to send the maps of Greton Estates to the Highway Department and the Highway Committee and Lawrence M. Tuthill, P. E. for recommendations. Mr. Lawrence M. Tuthill, P. E. was instructed to check on the aluminum pipe being installed in Oregon View with the Highway Sup erintendent. Planning B o ~d -ll- October 28, 1974 On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED to accept the following recommendations of Lawrence M. Tuthill, P. E. and send a copy to the Superintendent of Highways and the developer of Blue Horizons: 1. That the drainage areas be rectangular rather than trapezoidal. 2. Vail Drive be continuous to North Sea Drive to eliminate confusion in a name change on the road to the Sound. 3. That a turnaround be on the west end of North Sea Drive at the continuation of a future extension than at the Sound bank. 4. It has been noted by Mr. John Wickham, Chairman of the Planning Board that they will require that the waterfront lots along the Sound have a building setback line of 100 feet from the top of the bank. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe and Moisa. The following letter was directed to be sent to Mr. Robert Gillispie, Chairman of the Board of Appeals regarding Brody. "In regard to the letter from the Board of Appeal's secretary dated October 4, 1974 in regard to Reg Hudson, Brody and others, the Planning Board does not look favorably on any development of this property. We have discussed this with the Suffolk County Board of Health and they feel that since this is fill pumped inoover very heavy bog, there is no possibility of getting good water or any sewage disposal and even boat storage buildings presumably would have to have some sanitary facilities. Also, boat storage buildings should only be in a "C" District." The secretary was directed to write a letter to the Board of Appeals informing them that Crown Land Lane is not an approved subdivision. This is in reference to a variance given to Mr. Edson for use of a barn as an art studio predicated on the fact that this was an approved subdivision as stated by Mr. Edson. The following communication was received from the Town of Plarnaing Board -12- October 28, 1974 Riverhead Planning Board dated October 21, 1974. Gentlemen: The enclosed resolution was duly adopted by the Town of Riverhead Planning Board at a regular meeting held on October 9, 197~, and you will note that the last paragraph is for your consideration. /s/ Jane A. McBride, Clerk ~ WHEREAS, the "Rules and Regulations of the Planning Board for the Subdivision and Platting of Land' provides that the developer may submit a sketch plan so that the subdivider may proceed with the preparation of ~upreliminary plat and enable the subdivider to save time and expense in reaching general agreement with this Board as to the form of the layout and objectives of the Rules and Regulations, and WHEREAS, this Board has received approval from the Town Board to approve preliminary plats in accordance with Para- gE~ph 3 of Section 276 of the Town Law and to hold public hear- ings thereon and Paragraph 4 of said Section provides that when a Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved under Subsection 3 of this Section, the Plauning Board may waive requirements for a public hearing on the final plat, and WHEREAS, Section 277 sets forth that if the owner has not installed such improvements as requested by the Planning Board prior to the submission of the final plan, he shall furnish a performance bond to cover the cost of said improvements, and many developers wishing to minimize the smount of the perfor- mance bond or to finalize the realty subdivision proceed with the construction of improvements after receiving preliminary approval, and, WHEREAS, this Board was criticized in a letter relative to the approval of a plat, Aquebogue Woods, dated August 22, 1974 from the Suffolk County Department of Planning that con- struction of improvements had been started prior to the approval of the final plat, NOW, THEREFORE, BE IT RESOLVED that this Board requests the Suffolk County Department of Planning to amend the Suffolk County Charter or the Rules and Regulations of the Department to permit a review of sketch plans and preliminary plans so that prior to the public hearing, the Board may receive the technical assistance of the Suffolk County Department of Planning to make its various determinations, and BE IT FURTHER RESOLVED, that this Board directs the Secretary to send a copy of this resolution to the Suffolk County Department of Planning, and Planning Bo~d -13- October 28, 1974 BE IT FURTHER RESOLVED, that this Board directs its Secretary to send to the Planning Boards of the Towns of Seuthold, Southampton, Shelter Island and East Hampton aopies of this resolution and infO.the letter of transmittal requests the Boards, hereinabove names, if they concur with the thoughts herein, to advise the Suffolk County Department of Planning of their wishes. On motion made by Mr. Raynor, seconded by Mr. Grebe, it RESOLVED that the Southold Town Planning Board concurs with the request of the Riverhead Town Plauning Board in the request to the Suffolk County Department of Planning to amend the Suffolk County Charter or the Rules and Regulations of the Department to permit a review of sketch plans and preliminary plans so that prior to the public hearing, the Board may receive the technical assistance of the Suffolk County Department of Planning to make its various determinations. A copy of this resolution is to be sent to ~orton Daniels, the Suffolk Depart- ment of Planning and the Riverhead Town Plan~ing Board. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. Motion was made by Mr. Coyle, seconded by Mr. Raynor and carried that the meeting be adjourned. Meeting was adjourned at 11:00 p.m. Respectfully submitted, Murie l~B~sh, Secretary Southold Town Planning Board ~ John Wickham,. Chairman