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HomeMy WebLinkAboutPB-12/06/1976P JOHN WlCKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 MINUTES December 6, 1976 TELEPHONE 765-1313 A regular meeting of the Southold Town Planning Board was held December 6, 1976 at the Town Clerk's Office, Main Road, $outhold, New York. Present were: Henry Raynor, Vice-Chairman Frederick E. Gordon Frank S. Coyle James Wall Absent was: John Wickham, Chairman Estate of Charles Simon minor subdivision. Mrs. Simon and William Wickham, Esq. appeared. Also attending were Mr. Agria and Mr. Weinheimer, adjacent property owners. 7:30 p.m. Public Hearing. Mr. Gordon read the Notice of Hearing and presented proof of publication in the Long Island Traveler- Watchman. Mr. Raynor: As is customary, we will ask to hear from auyone that wishes to speak in opposition to this subdivision. We will open the floor to such discussion. Hearing none, we will ask if there is anyone present that would like to speak in favor. Mr. Wickham: I would like to make a few remarks. I think we have submitted a very desirable minor subdivision. The three lots are above 40,000 square feet, two well above. All of the lots have a frontage of either 150 feet or a much larger frontage, one being 154 plus and the other 157. In addition to that, we have met two requirements by submitting an affidavit that none of these lots will be further subdivided and also a further affidavit that any further subdivision of the remaining property on the east will not be by minor subdivision but by major subdivision with your approval. I might furth~add that the affidavits have been approved by your town counsel. Planning Board -2- ~ecember 6, 1976 Mr. Raynor (referring to the affidavits): You represent that these are the only people involved in the estate of Charles J. Simon? Mr. Wickham: Yes. Mrs. Simon is here and those are her children. Mr. Raynor: We usually request in subdivisions where we have a corporation or estate involved some type of statement as to the fact that these are the sole principles so we do not run into a conflict of interest problem with Town municipal employees. I haven't read through the statement, if it is not included please give it. Mr. Wickham: Both statements give the name and state they have title to the property. Mr. Raynor: Fine, inclusive of the names given and exclusive of anyone else. Mr. Wickham: Yes, there is no one else involved. Mr. Raynor: This is preliminary. One of the things missing on the map that the surveyor submitted are the contour elevations. The spot elevations must be put on for each lot. This is also within 500 feet of the tidal wetlands so it will require the County have a review of this particular subdivision. This is a pro forma situation. Mr. Wickham: I can have the surveyor submit this requirement within the next couple of days. Mr. Raynor: Once we have the contours, it can be forwarded to the County. Mr. Coyle: It says Simon Estate. Charles Simon? Is it still in the Estate of Mr. Wickham: Yes, it is part of the remainder of the farm. Mr. Raynor: Will you see that we have six copies of the map with elevations. Mr. Wickham (showing map): This is the overall farm before it was broken up. Coyle: We go up 480 feet from this line where Agria is. Mr. Wickham: Here it is, broken up here. It will be a major subdivision, not necessarily one, but major subdivisions. Mr. Coyle: If Mrs. Simon decides to sell it ...... Mr. Wickham: It will be subject to that. That is your require- ment. Planning Board -3- ~cember 6, 1976 Mr. Raynor: We will also have the Town Engineer review the property as to whether or not there should be any provision made for drainage. This is standard procedure. Is there anything else you would like to add? Mr. Wickham: No. Mr. Raynor: Is there anyone that would have information for this board? Hearing none, I will deem this hearing closed. Mr. Raynor asked Mr. Wickham to have it placed on the map that there will be no further suvdivision of this property. Motion was made by Mr. Gordon, seconded by Mr. Wall and carried to approve the minutes of the meeting of November 15, 1976. Barbara A. Howard On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to approve the map of the minor subdivision of property of Barbara A. Howard subject to receipt of covenants and restrictions being filed in the Suffolk County Clerk's Office that this property will not be further subdivided and such to be noted on the map; the chairman is authorized to sign the map upon receipt of same. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall Andersen On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED to approve the minor subdivision of property of Ethel Andersen, subject to the following: 1. Covenants and restrictions be filed in the Suffolk County Clerk's Office that there will be no further subdivision of the oversized lots. 2. Should Lots i and 2 be filled and graded in any manner that will result in storm water runoff flowing out onto the state road, then adequate drainage structures are to be constructed to contain the storm water on the property. 3. Driveways are to be separated as widely as possible and T-shaped shunts are to be provided for each driveway so that cars will not have to back out into the traffic stream on the State road. 4. The subdivision is to be made subject to the requirements of the "Tidal Wetlands Act", if applicable. 5. The above four requirements are to be stated on the final map. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall Planning Board -4- December 6, 1976 Rene Gendron. Mr. Gendron and Mrs. David Horton appeared. A four-lot minor subdivision is proposed on Soundview Avenue. The property is in the Estate of Fischer (Mrs. Horton is a daughter). Mr° Gendron is thinking of purchasing the property. He was asked to present a sketch plan showing what he wants to do together with property within 300 feet of the perimeter. It will have to be determined whether or not the Grattan piece is a landlocked piece of property which the Planning Board has to provide for under lawo Reese minor (Mrs. McLain appeared) The tentative plan which Mrs. McClain presented did not show park and playground or drainage. She was informed that 5% of the property must be set aside for drainage, park and playground and roads. She had mistakenly thought that Pinecrest Dunes could be considered the park and playground for the subdivision because of its proximity to it. Her other alternative would be a four-lot minor subdivision. Contours on the map will be necessary plus property within 300 feet of the perimeter. This information is to be forwarded to Mro Harold Reese, 855 Sunrise Highway, Lynbrook, New York 11563. Mrs° McClain was also asked about the 100 foot turnaround in Harbor Lights which hasn't been completed. She knew nothing about it and said it should be referred directly to Mr° Reese. Baymen's Association petition for change in Code. Mrs. Millicent Gossner presented the following s~atement on behalf of the League of Women Voters: YThe League of Women Voters of Riverhead-Southold has considered the request by local baymen to permit storage of boats and fishing equipment on property zoned Agricultural- Residential. We regard the storing of such equipment as a cost of doing business which must be borne by the baymen. Non-~onformance by any small business or individual constitutes spot zoning. Special treatment for any one group opens the door to further down-zoning which is detrimental to all property owners including the baymen:" Mr° Gordon made a motion, seconded by Mr. Wall and carried to table the Baymen's Association petition until joint meeting is held with the Town Board° a Planning Board -5- December 6, 1976 Gwynn Construction Co. a/k/a Circa Desiqns. Mr. Schwartz and Mr. Fuchs appeared. This is a site plan for a proposed model home in Laurel in business property. The gentlemen presented a letter from the Department of Transportation. The following letter under date of November 23, 1976 to the Planning Board was read: Gentlemen: Attached please find plot plan for business building, to be located on northerly side of Main Road (Rt.25), Laurel, near the westerly end of the "B-i" zone which ends near the railroad over pass. The lot meets the width and area for a business lot in the "B-i" zone. The Health Depto has given approval for well and cesspool etc. - ~MA27, Nov 19, 1976o The proposed use - a model home to be displayed and real estate sales conducted therefrom and a garage-storage accessory building from which materials and equipment will be stored and used, is compatible with the "B-l" section of the ordinance. The applicant for building permit is Gwynne Construction Corp., 163A Montauk Highway, West, Hampton Bays, Lo Io, 11946° We are holding the application for permit, Health Dept. approval and fee pending your approval of the site plan. /s/ Howard Terry Building Inspector Among items mentioned in a Department of Transportation letter under date of April 17, 1976 was three copies of prints showing "two 20' curb cuts, as shown, installation of concrete sidewalk, installation of enter and exit signs, "one-way do not enter" signs at termination of entrance drive, show grades in driveway and means of containing all drainage on site." The gentlemen presented a revised copy of the site plan. They stated they were not involved with Mattituck Holding Corp. 0 just buying a piece of property from them. Mr. Raynor said it would be necessary that the Planning Board have topography layout; front, rear and side profiles of the building; planting schedule for the shrubbery; a buffer will be required; exterior lighting must be shown to the board's qualifications. All exterior lighting must be maintained on the property so it wouldn't go to the neighbor's houses. The gentlemen said there would be no sales of real estate, just houses. Mr. Raynor explained that two months ago, the Town of $outhold had a change in the zoning ordinance. We have gone from cumulative to non-cumulative zoning° What it says is if you have a piece Planning Board -6- December 6, 1976 of business property that complies with B-1 use, should you at any time decide that you have found yourselves the wrong location and you want to sell this as a building lot, it would not be acceptable to the Town of Southold because it is under 40,000 square feet. The men said they understood and were very much aware of the fact realizing that it is business zoned and does not meet with residential requirements. They said that at no point, at the present time, would they consider it being residential° They were told that they need a proposed paving schedule to the building inspector's specifications. There must be planting around the perimeter. They intend to put plantings about every five feet around the perimeter. The signs will have to meet with the building inspector's specifi- cations. Hill Crest Estates. Ernest Wilsberg appeared. Mr. Raynor showed Mr. Wilsberg a map where he had drawn in the road location. The park and playground should be in Section 1o Mro Wilsberg thought they would bring it in all at once instead of in sections. There can be no access on the State Road and it should be so stated on the map. There was a question as to whether or not the lots on the Sound had 150 feet frontage° Mr° Wilsberg was told to have the surveyor cut in the building line. The County requires 100 feet back from the bluff for the building line, Mr. Gordon stated~ C. E. Allen and Peter Kreh minor subdivisions. M_ro Kreh appeared° There was a small area on the creek that Mr. Kreh wants to give to the buyers of Lots A,B~C and Do He wanted to sell them each a section of it. It was suggested that he might be better off to sell'it to all of them in one piece° Mr. Kreh thought there might be a problem in maintenance or if only one person wanted to put in some sort of dock° The Board advised him to consult his attorney, but he should call it park and playground on the map° It should be noted on the map that the lots cannot be further subdivided and it will be necessary to file covenants and restrictions with the County Clerk° Planning Board -7- December 6, 1976 Windswa¥ Construction COo site plano On motion made by Mr. Gordon, seconded by Mr. Coyle, it was RESOLVED to approve the site plan, as amended, dated October 5, 1976 of Windsway Construction Company located on Middle Road, Southold, subject to a two year review. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall Richard A. Foster minor subdivision° The County Planning Department approved this map subject to the following condition: Adequate drainage structures to contain storm water runoff on the tract are to be installed when and if the tract is filled and graded in any manner that would result in storm water flowing out onto the County Road° This requirement was felt to be necessary to help protect the traffic safety and carrying capacity of the county road° The Planning Board directed that the map be sent back to Mr. Foster and he be told to place the County's recommendations on the map. Cummins cluster - Richmond Shore. Mr. Richard Lark and Mr. Cummins appeared° Mr° Lark requested sketch plan approval from the Planning Board so they can go ahead and finalize the map. Discussion was held regarding buffering the property. Richmond Creek was discussed as regarding not changing the line of the creek. Any structures put on the~creek should be above the wetlands and into the creek with the approval of the Southold Town Board of Trustees° There should be some sort of covenants on this. The Planning Board wants to meet with the Town Board and the Town Highway Superintendent about the bubble roads° The Board will get a recommendation from the Superintendent of Highways° The developer will have to make a decision on whether to keep the recharge basins as they are or make one recharge basin with piping. Planning Board -8- 2ecember 6, 1976 Joseph Co Cornell C/Z application On motion made by Mr. Gordon, seconded by Mr° Wall, it aras RESOLVED to recommend to the Southold Town Board DENIAL of the application of Joseph C. Cornell for a change of zone from"A" Residential and Agricultural District to "B-l" General Business District on property located on Middle Road (CR 27), Peconic for the following reasons: This property does not meet the minimum square footage as required for B-1 zoned property as set forth in the Bulk and Parking Schedule of the Code of the Town of Southold. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall Jack Levin's site plan for the addition to Soundview Restaurant is referred to the Board of Appeals with no recommendations nor comments. Dan Smith minor° On motion made by Mr~ Gordon, seconded by Mro Wall, it was RESOLVED to hold a public hearing on the minor subdivision of Daniel T. Smith, located at $outhold, New York° Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall Motion was made by Mr o Coyle, seconded by Mr° Gordon and carried to adjourn the meeting° Meeting was adjourned at 10:20 pom: Respectfully submitted, Muri~-l~4~rus/Secretary