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HomeMy WebLinkAboutPB-05/15/1974Southold Town Planning Board -~DUTHDLD, /. ii, N. Y. 119'71 PI-ANN lNG BOARD MEMBERS John Wlckham, Chairman Henry Moisa Alfred Grebe Henry Raynor Frank Coyle MINUTES SOUTHOLD TOWN PLANNING BOARD May 15, 1974 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Wednesday, May 15, 1974, at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. John Wickham, Chairman; Henry Moisa, Vice-Chairman; Henry Raynor; Frank S. Coyle; Alfred Grebe. August Acres. Mr. Moisa read the Notice of Hearing. NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a ~Dblic hearing will be held by the Southold Town Planning Board at the Town Office, Main Road, Southold, New York, in said Town on the 15th day of May, 1974 at 7:30 o'clock in the evening of said day on the question of the preliminary~DDP~val of the following plat: Plat of property owned by Posillico Construction Company, Inc. entitled "August AQres"a consisting of a parcel of land situate, lying and b.eing in Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the southerly line of lands of the Long Island Railroad Company with the westerly line of Kerwin Boulevard, said point of beginning being the northeasterly corner of parcel number two as shown on a certain map entitled, "Amended Map A, Peconic Bay Estates, situate at Arshamomaque, Town of Southold, New York", made by Otto W. Van Tuyl under date of May 12, 1933, and filed in the Suffolk County Clerk's Office as Map No. 1124; running thence aIong said line of Kerwin Boulevard Planning Bo~ -2- - May 15, 1974 three courses as follows: (1) south 34° 59' east 915.02 feet, (2) south 68° 22' 50" east 196.51 feet; (3) north 79° 54' 0" east 209.32 feet to the northwesterly corner of land of Rutkowski; thence along said land of Rutkowski, south l0° 06' 00" east 125.0 feet; thence along said land of Rutkowski and along the southerly and southwesterly side of the map above mentioned, and following three courses and distances: (1) north 79° 54' 00" east 687.17 feet; (2) south 44° 12' 40" east 908.48 feet; (3) south 61° ll' 30" east 159.50 feet; thence along land now or formerly of LaPorta south 46° 48' 40" east 150.16 £eet to northwesterly corner of land of W. Kalbacker; thence along the land of W. Kalbacker the follow- ing two courses and distances: (1) south 44° 19' 30" east 139.74 feet; (2) north 60° 00' east 91.0 leer; thence south 27° 08' easy 50.06 feet to land of Adam Pekunka; thence along land of Adam Pekunka the following two courses and distances;~ (1) south 60° 00' west 879.13 feet; (2) south 47° 43' 30" west 374.36 feet to land of Charles S. Sage Estates; thence along land of Charles S. Sage Estate the following two courses and distances: (1) north 43° 09' 40" west 2736.73 feet; (2) north 32° 42' 00" west 214.26 feet to the southerly ~ide of the Long Island Raiiroad; thence north 55° 01' 00" east along the southerly side of lands of the Long Island Railroad 405.60 feet to the point or place of beginning. Excepting therefrom the lots 556 and 557 as shown on said map No. ll2~. Together with all easements and rights of way appurtenants to said premises, including a right of way 50 feet in width between lots 122A and ll9 as shown on said map, said right of way extending from Bayshore Road to the premises herein- before described, and all of the right, title and interest of Fred Goldman and Stanley Goldman in and to the lands under the highways adjacent to said premises to the center line thereof and of, in and to any and all strips and gores of land adjacent and appurtenant to or abutting the hereinbefore described premises. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: May l, 1974 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN Mr. Raynor: The ~a~m~pvl.~must be amended to designate the course line on Kerwin Boulevard to conform with the description. Mr. Moisa read the' affidavits of publication as presented by the Suffolk Weekly Times and the Long Island Traveler- Mattituck Watchman. Mr. Raynor: Show on the map the rights o£ way indescription. The description should be for SectionI exclusive of Section 2. The description must be read again at the hearing on the final map. Planning Bo~l -3- ~ May 15, 1974 Mr. Wickham read the following letter to the Southold Town Planning Board under date of April 16, 1974. Gentlemen: I have studied the profile and plans of August Acres at Arshamomaque and concur with the recommendations and comments of April 14, 1974 of Lawrence M. Tuthill, P.E. /s/ Raymond C. Dean Superintendent of Highways Mr. Wickham read the following letter to Raymond Co Dean under date of April 14, 1974. Dear Mr. Dean: I have again reviewed the plans and profile of the Subdivision entitled "August Acres at Arshamomaque" revised 3/28/74 and make the following recommendations and comments: ~. That the grades be raised to following the existing ground as feasible to eliminate the roads from becoming drainage channels. 2. That the 18" ~ drainage pipe on Pleasant Place appears to be insufficient in size as presently shown. 3. Consideration should be given to the possibility of a drainage easement along lots 34 and 36 on the east side for an 18" ~ pipe and a low point at the deflection at Station 17-50 on August Road. This would allow the road to be raised stations 14-00 and 17-00 and give better sight visibility at the intersection of Pleasant Place and August Lane. Consideration should also be given to a connecting road to either the Sage Estate Property or the Pekunka Property between the Sage Spur and the deflection of August Lane at Station 17-50. /s/ Lawrence M. Tuthill, P.E. Mr. Wetmore: We have met with Posillico and Dean and some conditions have been adopted. 27" ~ pipe will be shown on future maps. Mr. Wickham: This is a hearing for preliminary approval. This has been the policy of this Board. We have a preliminary approval followed at a later date by a hearing for a final approval When everything has been complied with. There are some difficulties which have been imposed by the State law. We appear to be in order for preliminary approval at this time. Mr. Wickham read the disclosure statement. Planning Bo~d -4- ~J May 15, 1974 Following is the complete list of stockholders, officers, and directors of Posillico Const. Co. Inc.: Je~eph Posillico Pres. F. James Posil!ico V.P. Mary Rosato Sec. Anthony Posillico Treas. None of the foregoing is financially involved with the Town of Southold, its officeholders, or employees. /s/ F. James Posillico, Vice. P. (notarized) Mr. Raynor: Is August Acres completely held by PosilIico Construction Company, Inc.? Mr. F. James Posillico: Yes, August Acres is completely owr~ed and controlled by Posillico Construction Company, Inc. and its officers. Mr. Wickham: I will open the hearing to anyone who wishes to speak in opposition to August Acres. Mr. David Xalbacke~r The family owns lot No. 1~9. I am concerned about the intersection of August Lane with the quick turn to Bay Shore Road. It is an intersection that would be somewhat hazardous because of the turn in the road and also I feel it would create a thoroughfare where people could ride in a circular pattern. The right of way does go down to the beach and is rather small. There are blind corners there and there is a good number of children in that neighborhood. Mr. Wickham: The Town of Southold owned a spur there for just such an attachment. The rules and regulations for subdivision of land say there must be a cross street every 1200 feet. It is obvious that the developers of this sub- division have no other means of access to Bay Shore Road which is a town highway. I share your concern about traffic entering Bay Shore Road at this particular spot. I would like to point out that subsequent to this meeting the maps will be sent to the County Planning Commission who have traffic experts who will go over the map rather carefully and they may come up with-some answer. Mr. David Kalhacker: It is a very good outlet for pedestrians and it seems dangerous if the traffic backed up any substantial amount. Mr. Warren Xalbacker: Originally, that was an unknown owner lot and for twenty years I have lived there it has been up for sale occasionally and everytime I asked ~awas not allowed to be sold and then the Town came along and took it. Every- time it came up for tax sale I applied but they would never consider it and they just took it over. It only goes 130 feet into that property. Maybe it would be good one way in Planning Bok~d -5- ~lay 15, 1974 but it would never be good both ways out. three quarters of that for twenty years. I guess. I took care of That doesn't The secretary was directed to make these comments regardin~ getting in and out to the County Planning Commission. Mr. Raynor: You certainly will get the minority of the traffic flow on this road because the connecting road there is designed to go north. Lots 21, 22, 36 and 35 would utilize this. Mr. Warren Kalbacker:~ I am not thinking about the people buying and building there. I am thinking about the motor scooters and dune buggies. Mr. Raynor: The developer has the right to keep these roads private. Mr. Wickham: At this time we will hear from those who favor this subdivision. Mr. Wetmore: I know the area quite well and I wish to belay my former neighbor's fears about a quick development. It may be five, ten or twenty years before you see a house behind you. I am sure the new owner hopes to se~l the property. The natural terrain lends itself to some fine homesites. I don't think there is any place more than one or two feet above grade. We are trying to get the layout finalized and we can conform to the requirements of Mr. Dean's department. I don't believe at the present time land of Sage is able to be developed without considerable expense. That substrata does turn into clay. I don't think that will be developed Tot many years to come. I don't know frankly if the Town Highway Department was insistent upon another access road between Sage Spur and the Pekunka property. It is all swamp. It is not suitable for a connecting road at that point. Maybe in the future there could be a road on the Pekunka property. That is not for me to say. Mr. Posillico: I am willing to cooperate in any changes that will'be asked to be made between the Highway Committee and the Planning Board. We have a personal interest and are not fly-by-nights. I used to live in a place like Southold thirty years ago. I appreciate this type of country and I am happy to see the one-acre zoning. I think it is a wise move and, p~rhaps, Should have been done years ago. Stanley Corwin, Esq.: The preliminary map is a result of an evolution and based on meetings with your board and goes back almost a year. We think at this point it should be approved as a preliminary. Mr. Wickham: Does anyone else wish to speak on behalf of this subdivision? I would like to declare the hearing closed and discuss briefly some of th~se possibilities. Planning B~d -6- _ May 15, 1974 Mr. Wickham: In going over Larry's letter of August 14th we have been pretty well insisting that the level of the highways be raised and this hasn't been done and the profiles need to be raised a little bit, probably not a great deal. You try to balance cuts and fills all the time and we would like a little more fill and cut so that none or as little as possible of the roads end up being canals which gives us storm water problems. Mr. ?osillico: I read the letter and I do nov think there is a development of any kind where the road isn't a drainage channel. It may create more problems than you could solve. Mr. Wickham: We are not asking you to bring in alot of fill. We say raise the grade. If you want to sell topsoil, bring in bank run. In Larry Tuthill's letter dated April 14, 1974 to the Superintendent of Highways, item number three about consideration being given to the possibility of a drainage easement between lots 34 and 36, etc. Mr. Wetmore: We spoke to Mr. Dean and he felt an easement from the southerly drain to the Pekunka property would be sufficient. Mr. Wickham: Before we have the final hearing, you must receive the approval of the Town Highway Department and the Town Highway Committee. Mr. Wickham: What about a corn~ecting road to either the Sage Estate property or the Pekunka property? Mr. Wetmore: There is nothing suitable to tie into. The old clay bank is off the other end. Mr. Wickham: The Sage Property is nov too deep. How wide? Mr. Wetmore: I would say about 100 to 150 yards at the most. He has an existing road in there now. Col. Ted Dowd. Mr. Daly appeared. Mr. Daly presented himself to discuss the new map which had previously been sent to the members. This has the same number of lots as in the cluster concept with two roads put in. He explained that this was really very preliminary because they don't know where the ideal drainage spot should be. Mr. Daly was asked to submit road profiles, contours, etc. so the Highway Superintendent,s recommendation could be obtained. Planning B~td -7- _~ May 15, 1974 Crescent Beach. Rudy Bruer, Esq. and Mr. Kavanaugh appeared. Mr. Bruer: On January 8th the Town Board of Appeals granted the condominium-type use subject to certain restrictions. On January 8th of this year the Planning Board gave a sketch plan approval of a condominium-type layout of ~the property. Since this time the word sketch was specifically used because a guaranteed-type survey was not submitted showing all the requirements of the Board of Appeals letter. During this time some thoughts have run through our minds and what we would like to do with this multiple-type property is to divide it. This is a sketch in more detail than the last one (he did not leave a copy). What we propose to do is divide the buildings and in addition give them a small parcel of land consisting of 800 square fee~ with the rest going to a common association with a required maintenance which will be imposed upon each unit for the common maintenance of the property. The area is small and the idea is to basically keep control of the area with a planned-type community. What we have here is a proposed swimming pool, tennis courts here which will be required to be shown. The common area would be owned by the association with everybody having a general easement over i~ or maybe not owned but a general easement with a definite amount of money paid. By the Board of Appeal's letter there will be no change on the outside of the buildings except general maintenance. There has been a general approval of the general use of this type for this property. At this point, we are asking the Planning Board's opinion on this type of layout from which we would proceed. Mr. Wickham: It says twenty and there can't be twenty-one. You will have to go back to the Board of Appeals. They have granted your request for tWenzy. Mr. Raynor: Will you explain the reason for wanting to set aside 800 square foot lots? Mr. Bruer: The buildings are old. It is a motel. What we would like to do is up the use of the property to permit residents rather than a transient-type use. I will go back to the Board of Appeals if that is what you require. Mr. Wickham: This is a new presentation to us and I think what you are doing is setting aside very minimum lots. Mr. Raynor: My opinion is you are parcelling out five acres and coming up with twenty some lots each with a d~elling unit on it and this creates a problem unless you are willing to get involved with municipal water and municipal sewer. Mr. Bruer: I have twenty-one units here already which I am allowed to have under the presen~ zoning. Mr. Wickham: Yes, but they are not on twenty-one separate lots. Mv~Bruer: This Board has approved subject to a more Plan~ing Bo~_td -8 .... May 15, 1974 definitive survey showing actual dimensions, distances between buildings, a condominium use. Mr. Wickham: They did not segregate lots and this is what the Board of Appeals says they have granted you, the right to dispose of these as condominiums with all of the land remaining with the association. Go back to the Board of Appeals and tell them there are twenty-one units and we might be interested in establishing some small size lots and I think they will say no. Mr. Kavanaugh: They knew there were twenty-one buildings. I think it is a misprint. Let Albertson told me it would be upgrading instead of a motel. Mr. Raynor: You are in variance to the M-1 concept with 800 square foot lots. You can't create a substandard lot even on the M. Mr. Bruer: I say what I am suggesting has precedence in this town. Mr. Wickham: We are not going to do anything but support the Board of Appeals. Mr. Bruer: This is a new approach. We were invited back here at a time when we had a more substantial survey on the basis of the proposition as outlined tonight. Mr. Xavanaugh: I have been running this motel since 1965. It is bringing a tax loss this many years. Last year showed a lost of $10,000. A motel can go down very rapidly. A motel can be a whole lot more hammful and I think I would be upgrading the whole area and this is my whole thought. I am off the road. I have no cablevision. I have two months where I have pretty good capacity but it has not been a money-maker. How long I am going to stay is questionable. I am trying to upgrade, I think. Mr. Wickham: How about exploring it with the Board of Appeals to get these lots up to a larger size? Mr. Bruer: Mr. Kavanaugh does not object. Mr. Wickham: How many acres do you have? Mr. Kavanaugh: Roughly five. Mr. Wickham: The density is low enough but go back to the Board of Appeals and see if they can see twenty-one instead of twenty. Mr. Moisa made a motion, seconded by Mr. Raynor and carried to approve the minutes of the regular meeting of April 30, 1974. Planning Ba~?d -9- ~_f May 15, 1974 On motion made by Mr. Grebe, seconded by Mr. Raynor, it was RESOLVED that a public hearing be held on June 4, 1974, on the question of the preliminary approval of plat of property owned by Ernest E. Wilsberg, Harold W. Wilsberg and Richard J. Cron entitled "Orient Point", consisting of a parcel of land situated at Orient in the Town of Southold, County of Suffolk and State of New York. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Coyle and Grebe. Mr. Wickham: I feel that the way this should be handled is for some agency of government in the Town to buy some of the point. They should then sell the development rights to the New York State DEC and they should have an agreement in advance and my present thinking is it should be the Orient Park District. I would like the Board to authorize me to communicate with the Chairman of the trustees of the Park District and I would like to put it in writing and check first with the State DEC and send them a copy of the letter.~ On motion made by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Chairman of the Southold Town Planning Board be authorized to communicate with the Chairman of the Trustees of the Orient Park District and the New York State Department of Environmental Conservation to explore the possibility of purchasing some of "Orient Point". Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Coyle and Grebe. Southold Commons. George Ahlers appeared. Mr. Ahlers has previously submitted a site plan and he gave some explanation of it. He was directed to submit five more sets for distribution to the members of the Board. Sleepy Hollow. Gary Flarnaer 01sen, Esq. appeared. Mr. Olsen presented the following letter under date of May 14, 1974 addressed to Mr. 01sen: We have made an additional study of the storm water drainage requirements for "Sleepy Hollow" based on the topo- graphy, the excellent drainage qualities of the soil in this area, and other related factors and have reached the con- clusion that the drainage structures shown on our road profile map, dated December 7, 1974, are adequate for this subdivision. /s/ Roderick Van Tuyl, P.C. Planning B~j d -!0- .~ May 15, 1974 Mr. Olsen: I called Dean this morning and expressed my chagrin and asked him if he could take it up with the Highway Committee and perhaps, in light of Van Tuyl's letter, go along with it. Mr. Raynor: Did you ask your engineer about the cubic foot requirement of a sump in that area? Mr. 01sen: I asked him if there would be room. He felt something could be put in there but then the whole thing has to be redrawn and all computations have to be done again. He does not see the need for it. He feels it is entirely unnecessary here. Mr. Raynor: All it has to do is comply with the rules and regulations for a six inch rainfall. On motion made by Mr. Coyle, seconded by Mr. Grebe, it was RESOLVED that approval be given the final map of plat of property owned by Leo Kwasneski, entitled "Sleepy Hollow", consisting of a parcel of land situated at Southold, in the Town of Southold, Suffolk County, New York, subject to the following conditions: 1. Receipt of notice from the Town Clerk that the bond has been received. 2. Receipt of letters of approval from the Town Highway S ~ ' upermntendent and the Town Highway Committee as to drainage provisions. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Coyle and Grebe. On motion made by Mr. Moisa, seconded by Mr. Grebe, it was RESOLVED to accept the bond estimate prepared by Edward J. Bage, P.E. on May 8, 1974 for the drainage and roads in Orient-by-the-Sea, Section III. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Coyle and Grebe. Mr. Wickham dictated the following letter to Mr. Elbert Burr, Fishers Island property owner, with a copy to go to Mr. Howard Terry, Building Inspector, and Robert Tasker, Esq., Town Attorney. Planning Ba~.d -11- -~ May 15, 1974 Dear Mr. Burr: It has come to our attention that there have been some deeds submitted for filing on property which you own on Fishers island. Since the 1913 map is not an approved sub- division it is probable that these transfers do not conform with present zoning requirements and that no building per- mits can be obtained on them. We would suggest that you contact your attorney and we are notifying the Building Inspector and the Town Attorney. On motion made by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board recommend denial of the application of Werner Adel, ~r. for a change of zone on certain property situated at Mattituck, New York, from ~'A" Residential and Agricultural District to "C" Light Industrial District. The following reasons are given for this recommendation: 1. Nonconformity with the Southold Town Development Plan. 2. The explanation of property use is not compatible with the requested class of zone change. 3. The acreage is excessive for the proposed type of use for the property. 4. There is existing commercial property in the Town which is already shown on the Southold Town Development Plan but not yet developed. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Coyle and Grebe. The secretary was directed to write Mr. Henry Walsh requesting six copies of the sketch plan of his proposed development on Fishers Island. The Planning Board discussed the possibility of the County acquiring the piece of property surrounding Downs Creek in Cutchogue, the Fort Corchaug site and including some wetlands and Bay Beach. This property would be acquired for a County Park. The Planning Board is not in favor unless ironclad assurances can be given that we will have wetlands preservation, that there will be no use made of the Peconic Bay beach because it is much too low, that we will not have a typical park with people pollution. The Planning Board Planning BQ~d -12- ~ May 15, 1974 believes that there is a very real purpose to be served in preserving the Fort Corchaug site. Motion was made by Mr. Raynor, seconded by Mr. Moisa and carried to schedule Planning Board meetings for Jume 4, 1974 and June 24, 1974. Motion was made by Mr. Coyle, seconded by Mr. Grebe and carried to adjourn the meeting. The meeting was adjourned at 10:45 p.m. Respectfully submitted, Muriel Brush, Secretary