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HomeMy WebLinkAboutPB-09/16/1974 PLANNING BOARD MEMBERS John WIckham, Chairman Henry M o.lsa Alfred Grebe Henry Raynor Frank Coyle $outhold Town Planning Board SDUTHDLD~ L. I., N. Y. 11971 MINUTES Southold Town Planning Board September 16, 1974 A regular~eting of the Southold Town Planning Board was held September 16, 1974 at 7:30 p.m. Present were John Wickt~m, Chairman; HenryMoisa, Vice-Chairman; Henry Raynor, Frank S. Coyle and Elfred Grebe. Public Hearing - preliminary map of Eli~ah's Lane Estates~ Section 2. Joseph Sal~nd appeared. Mr. Moisa read the Notice of Hearing. NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board at the Town Clerk's Office, Southold, New York, in said town on the 16th. day of September, 1974, at 7:30 o'clock in the evening of the same day on the question of the pre~liminary approval of the following plat: Plat of property entitled "Elijah's Lane Estates, Section 2" consisting of a parcel of land situated at Mat~ituck in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the northerly line of Rachael's Road, Which point is the following courses and distances from the northeasterly terminus of an arc of a curve connecting the northerly line of Rachael's Road with the westerly line of Elijah's Lane: (1) on-a curve to the right with a radiusl of 25.00 feet for a distance of 39.27 feet; (2) South 51°'21' 10" West 244.62 feet, and ru~uing thence from said point of beginning South 51° 21' 10" West along the northerly line of Rachael's Road 75.38 feet to a point; thence South 38© 38' 50" East-along the Planning~oard -2- September 16, 1974 westerly terminus of Rachael's Road 50.00 feet to a point in the northerly line of a portion of land shown and designated on a realty subdivision map entitled "Elijah's Lane Estates, Section l" filed in the office of the Clerk of Suffolk County as file number ~865; thence westerly, northwesterly ~d again westerly along a portion of land in the said realty subdivision entitled "Elijah's Lane Estates, Section l" the following courses and distances: (1) South 51° 21' lC" West 169.19 feet; (2) on a curve to the right with a radius of 75.00 feet for a distance of 92.32 feet; (3) South 51° 21' lC" West 276.57 feet to a point in the easterly line of land of Agnes Grabowski; thence northerly along the land of Agnes Grabowski the following courses and distances: (1) North 38° 30' 50" _~West 197.78 feet; (2) North 36° 32' 50" West 162.95 feet; (3) North 37° 36' 50" West 297.63 feet; (4) North 37° 02' 50' West 566.37 feet; (5) North 38° 31' 50" West 180.63 feet to a point in the southerly line of land of Elijah's Lane Estates; thence easterly, northerly, again easterly, northwesterly, again northerly and again easterly along the land of Elijah's Lane Estates the following courses and distances: (1) North 52° 19' 20"-East 267.60 feet; (2) North 37° 40' 40" West 54.54 feet; (3) North 51° 21' 10"-East 75.42 feet; (4) on a curve to the right with a radius of 25.00 feet for a distance of 39.69 feet; (5) on a curve to the left with a radius of 1957,49 feet for a distance of 139.94 feet; (6) North 52° 19' 20" East 258,89 feet to a point in the easterly line of a portion of land in the aforesaid realty subdivision entitled "Elijah's Lane Estates, Section l"; thence South 38° 14' 50" East along the said easterly line of a portion of land in the said realty subdivision entitled "Elijah's Lane Estates, Section l" t615.93 feet to the point or place ofbbeginning. Containing 20.3 acres more or less. Any person desirin~ to be heard on the goove matter should appear at the time and place above specified. Dated: August 29, 1974. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICXHAM, CHAIRMAN Affidavit of publication was presented from the Long Island Traveler - Mattituck Watchman. The following letter was read under date of September 12, 1974 to the Planning Board from the Superintendent of Highways: Gentlemen: Mr. Larry M. Tuthill and I made an inspection at the ~ Plannin~oard -3- '~ September 16, 1974 site of Elijah's Lane Estates II on September 4, 1974 a~d recommend the following comments: It was noted no work had been done on Section I. We were of the opinion that it be imperative that work on the recharge basin in Section I should be either completed or in the stages of conStrUction before allowing lo~s to be sold in Section II, since this is the ma~n recharge basin for Section II. It was also thought that additional catch basins be placed on both sides of the road at Station 23 + O0 of Jeremiah's Lane. /s/ Raymond C. Dean The following letter under datedof July 22, 1974 from the Superintendent of Highways was also read: Gentlemen: The Highway Committee and I approve of the layout of road(s) and drainage? /s/ Raymond C. Deau There was some discussion as to eliminating curbing by the Park and Playground so water will drain into that area. This was to be discussed with the Superintendent of High- ways. Mr. Saland: The reason we didn't start on anything is we were going to do the roads, retharge'~b~Ei~and every- thing when we do Section 2. We would like to start on the~- re~har~e basin~when we start on the roads.~ I see.~-no water in that area at all right now. Mr. Wickham: I would like to ask if there is anyone who wishes to be heard in opposition to this subdivision. Hearing none, is~there anyone who wishes to speak in favor of it? Mr. Saland: We propose to do this exactly as it is supposed to be done. We haven't run into any problems there yet. Mr. Wickham: Would you want us to ask the Soil and Water Censervation District for their recommendations of keeping ~he storm water from going on the highway. We feel it poses no real"hardship to anyone and we h&ve had ~rouble when homeowners don't get the lawn in and it stays bare all winter and the soil runs down and blocks up the catch basins, etc. There being no oneelse wishing to beheard, the Chairman declared the hea~ing closed. Planning~oard -4- September 16, 1974 Sunset Knolls~ Section 2. Richard Lark, Esq. appeared. Mr. Lark: There are drainage problems. We were trying te get the matter resolved and you said you would take part of the park and playground. We could never get the~title cleared because it is owned in common with everyone. Stanley bought a piece from his brother. He ha~ a chance to pick up lot 25 but the guy ~uldn't se~l without another lot. The contract required a variance ofthe other piece of property to be used as a building lot. We met with the Board of Appeals sub'ject to Planning Board approval. The Board of Appeals approved as long as lot 25 was trans- £erred to the Town. This will be a recharge basin. We will need a resoltuion approving the land swap. Mr. Wickham: With a single lot, make sure it doesn't interfere with any circulation of traffic. Mr. Dean: I Am satisfied with that. On motion made by Henry Moisa, seconded by Alfred Grebe, it was RESOLVED~that the Southold Town Planning Board approve the acquiring of lot 25 for recharge basin pur- poses by the Town and the setting off of a described parcel in.~an adjacent area to replace it as granted by the Southold Town Board of Appeals. Ayesi: John Wickham, Henry Moisa, Alfred Grebe, Frank S. Coyle. Mr. Raynor abstained. Estate of Marie Vermaelen. Richard Lark, Esq. appeared. There was discussion about the easement to be ~iven to the tewn for drainage purposes i~ case thereis ever a problem in the area. Mr. Dean suggestedthe easement be 15 feet 'instead of l0 feet wide. Change of Zone application of Dr. Joseph Lizewski. Richard Lark, Esq. and Dr. Lizewski appeared. This is a,petition for a change of zone from "A" Residen- tial and Agricultural District to "B" Light Business District. The parcel is located on the Main Road, Cutchogue, New York and is described as~follows: BEGINNING at the corner formed by ~he intersection of the northwesterly line of Main Street (New York State Route #25), with~the northeasterly line of Depot Lane; thence North 41° 33' West along the northeasterly side of Depot Lane 233.70 feet to land now or formerly~of Bialecki; ~ Planning~Board -5- September 16, 1974 thence along laud now orformerly-o~ Bialecki the follow~ ing~two courses and ~i~ances: (1) North 48' 27' east, 41.70 feet; (2) South 608 20' East 207.40 feet to the northwesterly side of the Main Road; thence South 29° 27' West along the northwesterly side of the Main Road 1~4.73 feet to the point or place of beginning. Smch request is made for the following reasons: "Your petitioner is presently residing at the premises for which a change of zone is being requested. It is your petitioner'ms intention to move from the premises due to the fact that the heavy traffic condition~ on Depot Lane~ and Main Road (State Route 25) make this an extremely hazardous~area in which to raise petitioner's small children. "It is your petitioner's plan, if the rezoning is approved, to move his dental office to these premises © from its present location on Depot Lane. In order to do this, your petitioner will have to make extensive renova- tions to the interior of the premises, and add a 1-story addition on thenortherly side as shown on Exhibit 3. The upstairs of the existing building will be utilized as au apartment, your petitioner will also install a parMing lot on-the westerly portion of the proper~y to accommodate patients and the tenants of the apartment. "The property is bounded on the North and East by land of Eathrina Bialecki. The property immediately adjacent on the East is used during the summer months as a sales stand for vegetable plants and flowers. The parcel is bounded on the South by Main Road (State Route 25). Across the Main Road there is located a residence and a real estate office. On the West the property is bounded by Depot Lane, and ~mmediately across the highway is located a Shell 0il service station, a small residence, and the Depot Lane Elementary School. "Your petitioner has discussed the proposed change of zone and use of the premises as a professional office building and apartment with the owners~of the neighboring properties, ~and~they have no objection to the proposed change of zone ~s seen by the letters to the Southold Town Board attached hereto as Exhibit 4 (a, b, & c). ..... "It-is your petitioners belief that the parcel is well-suited for light business usebecaus~ of its location and will'not cause any traffic problems because all parking will be offstreet on'the premises, and ~that this change oflzone would be consiStent with the Master .Development Plan previously prepared by the Southold TownPlanning Board." Attached to the petition were letters in favor of the request Signed by Kathrina Bialecki, Robert Kulland Evelyn Fleet~ Planning~So ard -6- ~eptember 16, 1974 Dr. Lizewski: I probably won't make an apartment right away. t am going to orthodontic school. My present office is good for a general practice. In order to put any sizeable investment into that house, it would be'foolish without trying to upgrade the zoning. The house has no cellar. I would have to put in a new cellar and founda- tion. It would not increase the value of the property except for my own use. Mr. Wickham: How about getting a variance from the Board of Appeals? Mr. Lark: He could do it now and live there. The problem comes if he decides not to live there. By'leaving the zoning the same he wouldn't necessarily have to provide offstreet parking. Mr. Wickham: I ~m thinking of a variance from the Board of~ Aooeals so he wouldn't have to live there. We ought ~~ business~in the village. I have the personal opinion that there are times when people stand to gain by having a nonconforming use. We have advised many people that they stood to gain by having it remain residential if they expected to use it for a substantial number of years. Mr. Lark: He ran into trouble to expand the building he is in presently. It is a nonconforming use. Oregon View. Gary 01sen, Esq. appeared~~ Howard Young had prepared new maps showing additional drainage as suggested by the Town. Mr. Wickham said he had contacted th'e Soil & Water Conservation Service' for their recommendations in this subdivision. Mr.~Wickham mentioned bermS tO Mr. Olsen as a measure of soil con- servation. Mr. O~sen asked that the Superintendent of Highways issue a letter approving the cures, etc. so they can~have the final hearing. Mr. Dean said he' would ~discuss it withthe Highway Committee. Mr. 01sen said he woUld-request that the contractor put the berm in. ~nlet East. appeared. William Esseks, Esq. and Mrs-Donald Denis ~ -An update on'the bond estimate will be~reques~ed from ' ~he '~ngi~eer ~an~d a l~tter is to be obtained ~rom the i ~S~Peri~tendentof HighWayS and the Highway Comm±ttee. ~'~Mr~. Es~se~'~id net l~ave the final maps. Planning~oard -7- September 16, 1974 The following letter was directed to be written to Willi,~m. Schriever under signature of Mr. Wickh~m. We understand you are proceeding with road construct- ~ion which is within your rights but we would think that you would be well~advised to notify the Highway Department and the highway inspector before starting on-any major construction. We feel this might save you a good'deal of trouble and expense at a later date. The following letter to the Planning Board~under date of September 13, 1974 was read. Gentlemen: In the matter of Zobohonski (Walsh) & Duff, Crescent Avenue (Private Road), Fishers Island. Please be advised: At the Board of Appeals hearing on Thnnsday, September 12, they were unable to determine that either Henry Zobohonski or Thomas Duff had legal right to use the Private Road for access. A conditional requirement to improve the road by clearing, grading and draining, with minimum of 15 ft. width of crushed stone 3 inches or deeper, to a maximum of 20 ft. width, was set, on condition that they could prove a right to use of the right of way. /s/ Howard Terry Building Inspector Mr. Wickham reported that he had received a complaint from Fishers Island about this same developer filling ~etlands and made a call on the Building Inspector and called the State Department of Environmental Conservation and find he does not have a permit'to fill wetlands and ..he is within 300 feet of salt water. The Building Inspector and the State DEC will probably take a ride over there. On motion made by Mr. Raynor, seconded byMr. Coyle, it was RESOLVED to request an update on the bond estimate for the subdivision Inlet East. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. ~ Plarnaing~Board -8- ~ September 16, 1974 On motion made by Mr. Raynor, seconded by. Mr. Grebe, it was RESOLVED to empower the secretary of the Planning Board to research and find out exactly how many subdivisions have not complied with submitting~the four percent inspection fee t~ the Town. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. The following budget was submitted for the year 1975. Postage, stationary & printing ~Advertising for legals Telephone Transportation (F.i. member) Car expense @ 12¢ a mile Association of Towns meeting Secretary Members remuneration - Coyle $1800. others Estimated revenues $650.00 2,000.00 350.00 1,300.00 250.00 500.00 CSEA CSEA 15,000.00 Motion was made by Mr. Grebe, seconded by Mr. Raynor to approve this budget as submitted. Motion carried. On motion made by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED to hold a public hearing on the final map of t~e subdivision known as Oregon View on October 28, 1974. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. On motion made by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board approve the preliminary map of the subdivision known as Soundview Acres at Orient subject to the following conditions: Plannin~oard -9- ~September 16, 1974 1. The map show the correct location of adjacent property owner. 2. Drainage be .provided to meet with the approval of the Town Highway Department and Town Highway Committee. 3. County review. 4. Recommendations of the Tow~ Highway Committee as to road layout. VoTe of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. Motion was made by Mr. Coyle, seconded by Mr. Grebe and carried to approve the minutes of the meeting of August 26, 1974. On motion made by Mr. Moisa, seconded by Mr. Grebe, it was RESOLVED that the Southold Town Plamaing Board unanimously restates their approval of the subdivision Orient-by-the-Sea~ Section III and feels that the changes suggested by the Suffolk County Planning Commission are of a minor nature and in view of the fact that this is a replatting of this property to conform with the forty thousand square foot zoning and present zoning require- ments. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. on mo~ion made by Mr. Raynor, seconded by Mr. Moisa, it was resolved RESOLVED that the Chairman be authorized to sign the map of the subdivision Orient-by-the-Sea~ Section III upon notice of receipt of the bond from the TownClerk and upon receipt of the inspection fee. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. The following letter under date of September 13, 1974 was received by the Planning Board, in re Soundview Meadows. Plannin&~oard -10- September 16, 1974 Gentlemen: At your request I have examined the proposed Declaration of Covenants and Restrictions relative to the above minor subdivision. I have the following comments with respect to the Declaration: 1. I would recommend that a meta~sand bounds description Of the area embraced within the subdivision be made a part of the Declaration to insure that there is no question as to the area effected by the Declaration. 2. A paragraph should be inserted in the Declaration to the effect that the entire tract embraced within the subdivision cannot be subdivided into more than four lots, and that each lot shall comprise an area of no less than four acres. I am returning to you herewith the original Declaration~ subdivision map and letter of the Department of Public Works sent to me by Mrs. Brush. /s/ Robert W. Tasker Town Attorney On motion made by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED to accept the recommendations of the Town Attorney in the .matter of Soundview Meadows and transmit this information to the developer. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. Discussion was had with Mr. Dean that he and the Highway Committee are in agreement in recommending that installaG tion of curbing stop at the beginning of a 100 foot turnaround and that the turnaround be paved 80 feet in circumference. The Planning Board concurs with this recommendation. On motion made by Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED to ask Charles Barnett of the U. S. Soil and Water Conservation District to inspect the subdivision known as Oregon View and make his recommendations. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. Plarnaing~oard -11- r~ September 16, 1974 The recommendations of Lawrence M. Tuthill and Raymond Dean were to be sent to Mr. Ruch on Shorecrest drainage. Mr. Sherwood of VanTuyl's office was to be told to proceed with printing the final maps in the matter of Syloret. Motion was made by Mr. Raynor, seconded by Mr. Grebe and carried that the meeting be adjourned. Meeting was adjourned at ll:O0 p.m. Respectfully submitted, Muriel Bra, Secretary Wickham, Chairman