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