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HomeMy WebLinkAboutPB-10/07/1974Southold Town Planning Board SDUTHDLD, L. I., N. Y. 11971 PLANNING BQARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle MINUTES Southold Town Planning Board October 7, 1974 A regular meeting of the Southold Town Plauning Board was held October 7, 1974 at 7:30 p.m. Present were John Wickham, Chairman; Henry Raynor, Frank S. Coyle and Alfred Grebe. Absent was Henry Moisa. Clifford Manning minor. Mr. Wickham read the deposition of Rennsselaer G. Terry, Jr., Esq. dated the 22nd day of May, 1956 and the deposi- tion of Howard M. Terry dated the 31st day of August, 1951. Receipt of these documents were a condition of the approval of the minor subdivision on June 24, 1974. Upon receipt of additional maps from R. Terry, the Chairman ~ will sign the maps. Highland Estates. Richard Lark, Esq., Mr. Mohring and Howard Young appeared. Mr. Lark: The water tests and test'holes were done and passed inspection. The Board of Health proC~d~e is not to stamp the maps at this stage but Mr. Piscatello received a letter August 20th, As for the nitrates, yell #1 on lot 38 had 7.5, a ph of 7 and.f~ow i~on. Well #2 on lot 8 had 711, ph of 6.9 and'16w iron. All were low salt'. Well #3 on lot 31~a~ 9.8, 6.9 ph and low ir~n. Th&y are all withi~ the l0 and probably with inactivity stands a good change of goingddwn~ Mr: Wic~am: Have you talked to the Highway Superintendent about ~g c~ul-de-sacs? Mr. Lark: Mrs. Brush has a letter. Planning B~ ~d -2 .... October 7, 1974 Mr. Wickham: In the subdivision we have before the Board in looking at the County soil map we find that the recharge basin is in an area where the soil map says an impermeable soil is, a type they didn't even know we had on Long Island. We will have to check against that. Mr. Lark: The only thing I can go ~n are the test holes and Mr. Villa says they are good for private cesspools. Mr. Wickham: The soil maps don't expect to go down very far into the subsoil. The recharge area might not be any problem. Mr. Lark: Three go to twelve feet and two to eleven feet. The Board checked over the test holes with Mr. Lark and Mr. Youug. Mr. Lark: You are concerned about the recharge basins being located in the right spot as far as soil is concerned. Mr. Wickham: Yes. Estate of Marie Vermaelen. Mr. Lark appeared. Vermaelen appeared. Mr. and Mrs. The following letter was presented from the Board of Appeals. October 4, 1974 Dear Mr. Wickham: At a regular meeting held October 3, 1974, the Southold Town Board of Appeals discussed the above application for a variance. The Board has postponed making a decision on this appeal for the reason that they feel a better way might be discovered to provide for drainage for the Town of Southold over the fonr lot property division that has been presented to the Board of Appeals by the Plauning Board. The Board feels that the l0 foot wide easement is not wide enough for Town vehicles to pperate on and it would seem that this easement was created to supply 150 foot of frontage on a deep lot. However, fronting the houses on 150 foot frontage has problems of variance with regard to rear yards and front yards on long, narrow lots. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that application of Estate of Marie Vermaelen be sent back to the Planning Board with the suggestion that they propose a simpler way to provide for a Town easement for drainage water which may occur in the future. Planning B~l'd -3- ~- October 7, 1974 Vote of the Board: Ayes: Messrs Gillispie, Grigonis and Hulse. /s/ Marjorie McDermott Secretary Mr. Vermaelen indicated his unhappiness that it has taken so long to get approval on this subdivision. He wants to settle the estate as quickly as possible. Mr. Wickham told him that the Highway Department, the Appeals Board and the Planning Board are three agencies all working for the Town Board. Mr. Lark: The original map needed four variances for frontage. Your position was although you had no objection, you didn't want to establish a minor with four variances. Pursuant to your suggestion and the Superintendent of Highways we worked that out. We had to get approval of the access and lot #1. The building must be in the rear of the property so this situation would make sense. Mr. Wickham: How would you feel about widening the easement to fifteen feet? Mr. Lark: There is no problem. Easements are commonplace and it will be buried. Mr. Grebe made a motion, seconded by Mr. Raynor and carried that the Board request the easement to be fifteen feet wide on the proposed minor subdivision of the Estate of Marie Vermaelen. Estate of Newell M. Muttitt. Mr. Lark appeared. Mr. Wickham read the following action of the Board of Appeals at their meeting held July ll, 1974. "After investigation and inspection the Board finds that applicant requests permission to divide property and asks approval of access on property having insufficient frontage and area. The findings of the Board are that applicant is the owner of an irregularly shaped piece of property and that properties to the north and west of this property are under- sized. The Planning Board of the Town of Southold has given tentative approval of the minor subdivision subject to the Board of Appeals approving access to the property and under~ sized lot. The Board agrees with the reasoning of the appli- cant. "The Board finds that strict application of the Ordinance would produce practical difficulties or unnScessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change Planning Bt ?d -8- ~J October 7, 1974 the character of the neighborhood, and will observe the spirit of the Ordinance. "THEREFORE IT WAS RESOL~ED, Wickham & Lark a/c Clinton Muttitt, North Country Road, Westhampton, New York be GRANTED permission to divide property and be GRANTED approval of access on property located on the east side of Grand Avenue, Mattituck, New York, as applied for, subject to the following condition: That the Building Inspector shall approve the improve- ment of the right of way. Vote of the Board: Ayes: Messrs. Gillispie, Bergen and Grigonis." On motion made by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the Southold Town Planning Board approve the minor subdivision of the Estate of Newell M. Muttitt on map dated July 31, 1973, revised December 3, 1973 prepared by Young & Young, Surveyors. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe. Mr. Lark presented maps of the subdivision of Momo Weta which will be distributed to the Planning Board for their study. A.L.R. Francisco minor known as Armaroy Acres. George Wetmore appeared. On motion made by Mr. Coyle, seconded by Mr. Grebe, it was RESOLVED to approve the minor subdivision known as Armaroy Acres on map dated April 16, 1974 and aman~d July 9, 1974 prepared by Roderick Van Tuyl, P.C. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe. August Acres. George Wetmore appeared. Final maps have not been received yet. The profiles were to be sent to Lawrence M. Tuthill, P.E. for his specific recommendations on raising the grade on Kerwin Boulevard, as prev±ously recommended. Planning Bi 'd -5- October 7, 197~ Crescent Beach. Rudy Bruer, Esq. and Mr. Xavanaugh appeared. Mr. Bruer presented tentative covenants and restrictions on the property. Mr. Wickham: One thing it doesn't say is that the Parcels designated as public areas will be in the exclusive owner- ship of the owners of lots i through 21 inclusive. It doesn't say that this area will remain open in perpetuity. Mr. Bruer: ~ could say there would be no further develop- ment on it. Mr. W~ckham: This is what the cluster is based on. Usually, we suggest that they give a negative easement to the Town which guarantees that it will stay open and thereby reduce the taxes very favorably. Mr. Bruer: We want this association to do what they want to do without selling off any lots. Mr. Wickham: The cluster provision is very specific. Mr. Bruer: I will make it airtight. Mr. Wickham: Why don't you say that the property owners may at their own expense have recreational facilities for their use only? Mr. Raynor: Or such structures as are non-dwelling? Mr. Coyle: Something should say that the buildings as such can be replaced if destroyed by fire, etc. Mr. Wickham: The problem is still with the Appeals Board. We cannot approve a cluster with less than required area. Mr. Coyle: Put in any existing buildings. There is a nice beach house there. On motion made by Mr. Coyle, seconded by Mr. Grebe, it was RESOLED that the following be required on the site plan of Crescent Beach: The Covenants and Restrictions prohibit development of the open space in perpetuity for other than recreational purposes The lot upon which the house stands which will be retained by Mr. Kavanaugh shall be 40,000 square feet. The Planning Board will then approve the map and submit it to the Board of Appeals. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe. Planning B~_~d -6- ~ October 7, 1974 Mossback minor. Rudy Bruer, Esq. appeared. Mr. Bru~rwill send a letter correcting the description in the filed covenants and restrictions as to metes and bounds to conform with the map of the minor subdivision. On motion made by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED to approve the map of the minor subdivision of Lucile Mosback dated February 20, 1974 subject to the receipt of the Town Attorney's approval of the covenants and restrictions. Vote of the Board: Wes: Wic~, Raynor, Coyle, Grebe. Robert E. Cummins subdivision. Mr. Cummins and Mr. Howard Young appeared. Mr. Wickham: We notified the previous owners of this property that they would not be allowed to develop it because they completely ignored our preliminary statement that they were violating the rules and regulations for the subdivision of land in the Town of Southold. They continued to dredge and we told them we were going to hold it against the property. I think you should talk to your attorney. The following letter dated January 26, 1970 and addressed to Laurel Resources Corporation was read: Gentlemen: The Planning Board finds that you are technically in violation of their rules and regulations for the subdivision of land as regards dredging. We understand that you are operating under a permit from the Town Trustees which covers land in the Town which lies under water. It is required that you also obtain a permit from the Plarnaing Board for lands above water~ We have no intention of prosecuting this case, but we are hereby notifying you that you are in violation and that this will be taken into account when you or future owners of this property present plans for a subdivision to this board. /s/ John Wickham, Chairman Southold Town Planning Board The following letter dated January 30, 1970 addressed to the Southold Town Planning Board was read: Dear Mr. Wickham: Planning B~?d -7~ October 7, 1974 We have your letter of January 26, and are quite disturbed to hear that we are technically in violation on the permit we received from the Town Trustees regarding property we own in Peconic, N. Y. We most definitely want to work within the structure of the law complying with all requirements. We would appreciate it if you would please send us a permit from the Planning Board to complete. When we obtain this permit, we will work on it immediately. ~s~ Edward J. Hanson The following letter under date of February 5, 1970 to Laurel Resources Corporation was read. De~r Mr. Hanson: In answer to your letter of January 30, 1970, the Southold Town Planning Board does not look with favor on opening up either upland or salt marsh to salt water. This is why your violation is so important. You have already damaged this area very materially and every day you continue makes the matter worse. We would suggest that you stop your contractor immediately and then consider replacing the land in its original condition. /s/ John Wickham, Chairman Southold Town Planning Board Mr. Young: Can he do anything? Mr. Wickham: Yes, but it will be expensive and he shouldn't bear the cost alone. Mr. Cummins presented a letter he had received and was told that the letter had gone to every taxpayer in the Town of Southold. Mr. Wickham: The only thing we could say was he violated the rules and regulations and we won't accept your subdivision. Since he has violated and not only that, he let salt water enter the ground water rese~r. The damage is to all the residents nearby. You can take copies of this correspondence $o your attorney and he will contact Laurel Resources and say they knew it and knowing it couldn't be developed sold it. Mr. Raynor: There have been a number of contract vendees who have come in with this property. We have been consistent in saying when it is restored we will look at it. Mr. Cummins: What has to be done? Mr. Wickham: Re-establish a good seal. The minute you dredge you break the mud seal and it allows the salt to penetrate the interphase. Planning B~<~d -8- ~l October 7, 1974 Mr. Raynor: They covered over alot of wetlands and built property out of it. We talked ~to them and it didn't go any- where. Mr. Cummins: I was aware they dredged but didn't know of this restriction on the property. Mr. Wickham: This is a town-wide regulation. The secretary was directed to send copies of the correspondence to Mr. Cummins. Mr. Young: individuals. Mr. Cummins: Mr. Wickham: Suppose Mr. Cummins has no recourse against these Can I build this without a road? The State law and the Town ordinance say in effect it~either has to be on a public highway or else the highways constructed must meet the requirements of the Planning Board and the Highway Department. Even on Town highways you cannot develop land without going before the Planning Board and having it aDproved. You have togo before this Board any- way. Mr. Raynor: When someone goes in and cuts through and lets loose whatever ~resh water we have, they are probably taking the one resource we can't get back. If you think we are difficult, we are. Mr. Young: If he doesn't have any recourse, then you would be willing to sit down and tell him what he has to do. Mr. Wickham: In some of the areas we insisted another developer put up plank staving to retard the flow. Mr. Cummins requested a copy of the minutes when they are approved. Inlet East. Mr. Donald Denis appeared. Mr. Wickham (after some discussion on the cut of the roads): Either we have to have a Slope easement or else an agreement from you that lots with the slope will not be sold until the highway is constructed and the slope created. The rough grading has to be done So the satisfaction of the Highway Department Engineer prior to any sale. Mr. Wickham directed Mr. Tuthill to include a fence around the recharge basin in the bond estimate and if it is not found necessary it can be eliminated. Put gravel in or something else to take away the force of the water. Mr. Denis presented six amended maps of the subdivision. Planning ~d -9- October 7, 1974 Crow~ Land Lane. Lefferts Edson, Esq. appeared. Mr. Edson presented six copies of the map using conventional design rather than cluster. There was discussion as to making it compatible with the subdivision Highland Estates. Lot #8 was to be changed to the park aad playground to conform with Highland Estates and Highland Estates would be requested to run Highland Court at right angles south. The road should also be changed on one of the subdivisions. Mr. Young said he would send a copy of the Highland Estates map to Mr. Van Tuyl so they could have the two subdivision compliment each other. Greenfields. Gary 01sen, Esq. appeared. Mr. 01sen reported that the final map is presently at the Health Department. He will present them when he gets the proper signatures. Oregon View. Gary Olsen, Esq. appeared. Mr. 01sen requested a letter to come from the Superintendent of Highways that because of additional drainage provided in the subdivision, the Highway Superintendent is satisfied and will accept the curbs in their present condition. He would like authorization to complete the highway. Hodor. Gary Olsen, Esq. appeared. Mr. 01sen withdrew the cluster subdivision and presented six maps of a conventional development. The Planning Board will study the new submission and meetiwith Mr. 01sen at a future date. Morra minor subdivision. Gary 01sen, Esq. appeared. On motion made by Mr. Wickham, secondedby Mr. Grebe, it was RESOLVED to deny the application of Michael Morra for a minor subdivision of property on the east side of Elijah's Lane, Mattituck, New York. This is rejected.because it ~ears to'be an evasion of the rules and regulations for the subdivision of land. Vote of the Board: N~ekh~a~ickham, Grebe, Coyle. Mr. Raynor chaired the meeting for the resol~ion and abstained from voting. Planning ~_~rd -10- ~J October 7, 1974 A. C. Garelle minor subdivision. Gary Olsen, Esq. appeared. Mr. 01sen was told that a building line must be shown on the map and the property shown as lot #2 will have to be trans- ferred to Mrs. Garelle before any action can be taken in approving the map. On motion made by Mr. Grebe, seconded by Mr. Raynor, it was RESOLVED to approve the preliminary map of the sub- division known as Beach Aire Estates owned by Col. Ted Dowd with the following conditions: 1. Correct description be shown on map. 2. Proposed grades be raised on the road profiles. 3. Decrease entrance to park and playground area to thirty feet. 4. Provide a twenty foot easement along lot number 1 on the south side for future construction of drainage pipe to connect basin and as entrance to recharge basin. 5. An easement be provided on the pipe line to the rear of the property. 6. Ramp to recharge basin be placed so as to enter from easement along lot #1. 7. Approval of the Highway Committee and the Highway Superintendent. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe. Mr. Raynor chaired the meeting for the following resolution. On motion made by Mr. Wickham, seconded by Mr. Grebe, it was RESOLVED to ~pommen~hap~pp~&~ of the application of Joseph J. Lizewski requesting a change of zone on certain property situated at Cutchogue, New York, from "A" Residential and Agricultural District to "B" Light Business District. This recommendation is made based on the fact that this area is primarily business and in general the Planning Board is in favor of maintaining or retaining business in the centers of the towns. It has also received the full support of the neighboring residents. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe. Planning B,~sd -11- October 7, 1974 Souudview Meadows minor. On motion made by Mr. Coyle, ~econded by Mr. Raynor, it was RESOLVED that public hearing be held on the map of the minor subdivision of Soundview Meadows owned by Penny, Celic and Prusinowski on November 18, 1974. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe. Eli~ah's Lane Estates~ Section I. A letter was directed to be written to the County Planning Commission advising them that through an oversight the Planning Board failed to notify the Commission that they by a vote of a majority plus one approved the layout of Elijah's Lane Estates, Section I. This map was filed in the County Clerk's Office on February 14, 1974, File #6065, Book 14 page 4. The Planning Board feels the position of the highway meets with their approval. On motion made by Mr. Grebe, seconded by Mr. Raynor, it was RESOLVED to have appublic hearing on the final map of subdivision known as Syloret owned by Lorraine Hochman and others, located at Cutchogue, New York on November 18, 1974. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe. Motion was made, seconded and carried to approve the minutes of the meeting of September 16, 1974. The developers of the subdivision Blue Horizons were to be informed that 100 foot setbacks mustbe shown from the top of the bank on the map of their subdivision. The Planning Board agreed that the right-of-way to the beach on the map of Cardinale which was received from the Board of Appeals for Planning Board approval be ten feet wide. Motion was made, seconded and carriedto adjourn the meeting. Meeting was adjourned at ll:20 p.m. ~ohnWickham, Chairman Muri~l~Bru~, Secretary