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HomeMy WebLinkAboutPB-08/02/1976JOH~ WICKlfAM, Chairman ALFRED GREBE F~]~rt~ COYLE HENRY RAY'NOR F~EDr~dC£ E. GOre>ON South_old, L. Y. 11971 August 2, 1976 MINUTES TELEPHONE 765-1313 A regular meeting of the Southold Town Planning Board was held at the Town Clerk's Office, Main Road, Southold, New York, on August 2, 1976. Present were: Henry Raynor, Vice-Chairman Frank S. Coyle Frederick Gordon John Wickham, Chairman, arrived at 9:00 p.m. as he was at a meeting called by the Supervisor in Greenport. Alfred Grebe passed away this morning. Peter Campbell, The Suffolk Times Robert Rinklin, Long Island Traveler-Watcbm~u Millicent Gossner, League of Women Voters Rod 'n' Reel Estates Co. Mr. Raynor read the Notice of Hearing and presented proof of publication from The Suffolk Times. Mr. Raynor: This was laid out as a major subdivision with twelve lots and has been abandoned and refiled as a minor subdivision with four lots. The attorney for the developer has withdrawn the previous application. We have a report from the Soil and Water Conservation District which was one of the things that predicated the change to larger lots. We have no letter in the file from the Superintendent of Highways because there will be no highways in this particular subdivision. Is there anyone that would like to be heard in opposition to this sub- division? Hearing none, we will hear anyone that would like to speak in favor of this subdivision. Is there anyone in the audience that has any questions? Mr. Coyle: Each one will have an instrument on file to eliminate any division into smaller lots. Mr. Raynor: There being no one else wishing to be heard, I will close the hearing. Planning Board -~- August 2, 1976 Nicholas and 01y~npia Kouros. Rudy Bruer, Esq. appeared. Mr. Bruer stated that a variance had been granted by the Board of Appeals for the odd lots. Covenants and restrictions will be filed on the four lots in the minor subdivision. Mr. Bruer wanted to know what the Board wanted Mr. Xouros to do with the held out piece off Kouros Road. Should it be included in the subdivision or could he have the right to sell it to the adjacent property owners sometime in the future. Richard Foster minor subdivision. On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to approve the sketch map dated April 28, 1976, of property owned by Richard A. Foster located at Peconic, New York, as Mr. Foster has permission from the Department of Public Works to locate the entrance from County Road 27 in the center of the property. Vote of the Board: Ayes: Raynor, Coyle, Gordon. Mr. Coyle made a motion, seconded by Mr. Gordon and carried to approve the minutes of the meeting of July 12, 1976, with a correction on page 2 to indicate that the contract with the Village of Greenport that Mr. Coyle referred to had to do with the Village of Greenport supplying water to this subdivision. Paradise by the Bay. Roger Rath and George Stankevich, Esq. appeared. Mr. Howard Young was also at this hearing. Public Hearing was held on the final map of the subdivision owned by Mr. John E. Rath. Mr. Raynor read the Notice of Hearing and presented proof of publication in The Suffolk Times. Mr. Raynor: With the exception of the letter from the Super- intendent of Highways, we find the file in order. Mr. Stankevich said he had the wetlands waiver and the SPDES permit. Mr. Raynor: We will need a copy of the DEC letter for the file. Mr. Stankevich handed Mr. Raynor a letter from DEC which Mr. Raynor read and the letter indicated that the subdivision will have no adverse effect on the wetlands. Mr. Stankevich indicated that he would send a copy of the letter to the Planning Board. Mr. Raynor: We will open the public hearing to anyone that Planning Board -3- August 2, 1976 wishes to speak in opposition to this subdivision. Hearing none, we would like to open the hearing to anyone that would like to speak in favor. Mr. Stankevich: As attorney for the applicant, Mr. John E. Hath, I would like to the history and plan of Paradise by the Bay; We started well over a year ago to divide the property because of the advancing years of Mr. Hath, the premises are way beyond his capacity to use them and that they are not salable as a whole. In investigating the potential of developing this property, Mr. Hath kept in mind the fact that his family would be living on a portion of it for some years to come. Good design and maintenance of the neighborhood are a top priority. We come to a point where many of the lots are in excess of the minimum requirements of the Suffolk County Health Department and the Town of Southold. Effort has been made to locate the roads to minimize the removal of the landscaped property. The premises are heavily landscaped and wooded. An attempt has been made to minimize the effect on the neighborhood by keeping intact the perimeter. It won't be very much different after it is developed from what it is now. The proposed covenants and restrictions show setback and side lines and restrictions far in excess of the requirements of the Southold Town Zoning Ordinance. Modifications have been made to take advantage of the experience of this board. Some were the addition of entrance and exitway plus certain easements on internal lots to permit well location of the water system by waterfront lot owners. We spent alot of time with Mr. Larkin and the effect this develop- ment would have on Jockey Creek and Southold Bay. They felt there was none. I believe we are one of the first subdivisions to go through the SPDS. We met with the Highway Committee and they found no fault with the final plot as it now stands. Based on all of that, I would urge acceptance of the proposed final plat. Mr. Raynor: favor? Is there anyone else that would like to speak in Mr. Coyle: Do you have any idea what the elevations of this park and recreation area are? Mr. Raynor: Between four and six foot elevations. Mr. Coyle: Are you filing an instrument on the larger lots? Mr. Stankevich: In the proposed instrument of covenants and restrictions, it is on it. Mr. Raynor: The Board also had some questions as to the bridge connecting the park and playground area of this subdivision and I draw your attention to the letter dated July 30th from Young and Young. "In letter of July l, 1976 to you, I set forth that the planking should be replaced and the rail fence strengthened in order to provide a substantially sound bridge for the purpose of foot traffic over bridge shown on above captioned subdivision. -&- August 2, 1976 Planning Board "Since that time the planking has been replaced and the rail fence or guard has been strengthened, thereby meeting the afore- said requirements." /s/ Alden W. Young Mr. Raynor: Is there anything else? There being no one else wishing to be heard, I will declare the hearing closed. Heritage Harbor. Michael Hills, Esq., Richard Wandoloski appeared. Howard Young, P. E. was also present. Mr. Hills said he had talked to the building inspector about his specifications for a right of way and the building inspector told him he didn't have any. They don't want increased traffic on this and it isn't necessary to get to anything but the park and playground. Mr. Raynor will discuss this with the building inspector and clarify it to find if it is alright in its present state, and see if it only has to be passable. Mr. Hills questioned the requirement that he have an engineer's study made on drainage. Mr. Raynor explained to him that it will be necessary to find out if there will be any excess water from driveways or downspouts into town highways. If it does, the developer will be asked to create the facilities to keep the water within the subdivision. Mr. Young stated that it was his under- standing that when no new roads are proposed, no drainage systems are required. He asked if there was anything in the regulations that say they have to provide drainage. He felt it was illegal to force a subdivider to improve an existing highway. Mr. Raynor suggested that Mr. Young contact Lawrence Tuthill, the town engineer, if he has any questions. Hillcrest Estates. Harold Wilsberg appeared. Ernest Wilsberg had presented a revised map for the Hillcrest Estates subdivision. The Board looked at it and requested that Mr. Wilsberg present five more copies of the map for the board to study. Joseph Saland minor subdivision. Mr. and Mrs. Saland appeared. Mr. Saland presented three copies of a proposal for a minor subdivision. Mr. Coyle and Mr. Gordon each took a copy. It was suggested that Mr. Saland provide 150 foot lot frontage for lot #1 and make it 40,000 square feet. The right of way only shows 20 feet and it was suggested that this be made 25 feet wide. Planning Board -5- August 2, 1976 Washburn minor subdivision. Mr. Schriever had been in the office earlier in the week with the request to exclude 25 feet on Bay Avenue to the south of the right of way to be sold to an adjacent property owner now or in the future. He also would like to convey 7,000 square feet on the west to Radford. He had requested an informal opinion from the Planning Board. The Planning Board reviewed the map and decided there should be no parcelling off of these pieces of property. Mr. Washburn, before his death, had made application to the Board of Appeals to sell a portion of the property and the Planning Board feels this property should be subdivided simultaneously. Mattituck Manor site plan. Mr. Thomas Shiareza appeared. The Planning Board has received an amended site plan for the Mattituck Manor. A large planter had been placed in the center of the front parking area thus eliminating the required number of parking spaces for the business. The building inspector had stopped work on this project. Mr. Shiareza's new plan shows that they have purchased an acre of property in the rear of the Manor and plan on providing the necessary parking area there. (Mr. Wickham arrived at this point.) On motion made by Mr. Wickham, seconded by Mr. Gordon, it was RESOLVED to grant final approval to the map of subdivision known as "Greton Estates" located in Mattituck, and authorize the Vice-Chairman to sign same. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon. C. E. Allen. Mr. Allen appeared to ask some questions of the Planning Board. He got into a lengthy discourse on the placement of a multiple zoning area in Mattituck on the Development Map. When he wanted to ask some specific questions about the Norris change of zone, he was told that the Planning Board couldn't answer because this matter is in litigation. He also talked on some property he ow~s in Mattituck and the possibility of subdividing it. He said the wetlands were pumped and filled with spoil by definition of the State Environmental Control. He did not present a map of his proposal. Planning Board -6- August 2, 1976 Highland Estates. Richard Lark, Esq. appeared. Mr. Lark stated that he had secured the $200,000 bond for improvements in this subdivision and would be presenting same to the Town Clerk. He said the primary reason for the delay was the amount of the bond. He felt that the applicant should be required to provide what they figure the cost of improvements would be. He said the bonding company figured it should be about $125,000. Mr. Lark requested another ninety day extension so the bond could be presented to the Town Board. C~mmins. Richard F. Lark and Robert Cl~mmins appeared. Mr. Lark stated that this subdivision had been laid out in the cluster concept because of the layout of the land and the New York State drainage easement. On motion made by Mr. Wickham, seconded by Mr. Coyle, it was RESOLVED to submit the map of subdivision known as "Richmond Shores at Peconic" owned by R. E. C. Realty Company, to the Southold Town Board for their determination as to whether this subdivision will be allowed to be developed in the cluster concept. Vote of the Board: Ayes: Wickham, Coyle, Gordon, Raynor. Mr. Lark requested a copy of the letter from Robert Tasker, Esq. the Town Attorney, as to the basis for his opinion that cluster concept subdivisions have to be first approved by the Town Board. On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to grant a ninety day extension to the developers of "Highland Road Estates" to allow them to present the bond to the Southold Town Board and have same accepted by the Town Board. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon. Mr. Wickham reported on the wetlands informational meeting that he had just attended. He felt that it is vitally important that provision in the law be made for the repair of agricultural dikes without a permit and also that the law which states that the seaward side of substantial man-made structures clearly means agricultural dikes. Planning Board -7- August 2, 1976 On motion made by Mr. Gordon, seconded by Mr. Coyle, it was RESOLVED to approve the sketch plan of property owned by Olympia Kouros, located at New Suffolk, dated March 22, 1976 subject to inclusion of the fifty foot strip running north to Kouros Road in Lot #4 and that covenants be filed that no part of this lot may ever be separated. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon. On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to approve the site plan of Mattituck Manor subject to the completion of the proposal from East End Asphalt Inc. for surfacing the additional parking area, installation of lights as shown on the diagram, and planting schedule as set forth by Frank Murphy Garden Center, Inc. Vote of the Board: Ayes: Raynor, Coyle, Gordon. Mr. Wickham abstained from voting. The Planning Board would like to request an extension of time to take action from Babcock & Rimmler in order to receive the opinion of the Town Attorney as to the question of the abandonment of Harper Road. On motion made by Mr. Coyle, seconded by Mr. Gordon, it was RESOLVED to approve the preliminary map dated November 12, 1975 of subdivision known as "Sound Shore Acres" owned by Louis Hodor, subject to the following: 1. Securing public water from the Village of Greenport. 2. The method of handling fill and the finished grade elevations and placement of cesspools be furnished for the low property as indicated by the Southold Town Planning Board. 3. Recommendations of the Suffolk County Department of Planning. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon. On motion made by Mr. Wickham, seconded by Mr. Gordon, it was RESOLVED to approve the preliminary map dated November 18, 1975, of subdivision known as "Quail Run Estates" located at -8- August 2, 1976 Planning Board Mattituck, New York, subject to the following: 1. Letter in the file from the Superintendent of Highways approving the roads and drainage. 2. Naming of the roads on the final map. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon. Mr. Lawrence M. Tuthill was requested to present a new bond estimate for the subdivision known as Peconic Knolls eliminating the curbing. Christine King minor subdivision. The Planning Board reviewed the map of this minor subdivision and requested that five more copies of the map be presented. On motion made by Mr. Wickham, seconded by Mr. Gordon, it was RESOLVED to recommend to the Southold Town Board APPROVAL of the request for change of zone from "A" Residential and Agricultural District to "B" Light Business District, as shown on amended petition of the Cutchogue Polish Democratic Club, Inc. The change of zone to "B" Light Business District is in conformity with the development plan and there is "B" zoned property immediately adjacent as well as across the street from this property. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon. The meeting was closed following a moment of silent prayer for our departed member, Alfred Grebe, who passed away today. This act is to be spread upon the minutes and his widow is to notified of such. Respectfully submitted, MurTe~ Brus~l, Secretary ~ Wic~, Chair~n