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HomeMy WebLinkAboutPB-03/14/1974Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle MINUTES sOUrHOLD TOWN PLANNING BOARD March 14~ 1974 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m.~ Thursday~ March 14~ 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; Alfred Grebe; Prank S. Coyle. Southold Resins~ Inf. change of zone. Irving Price, Esq. appeared. Mr. Price: I have a unique problem. The subject of my asking for a conference is the old Ellsworth Oyster plant at the foot of Sixth Street in the Village of Greenport and the Town of Southold. Under the ordinance~ as I understand it~ both the Town part and the Village part under the village ordinance is now zoned residential and up to the last amendment it had been zoned industrial. Under the provisions of the Southold Town Zoning Ordinance as presently constituted, I believe that we must ask for a rezoning for light industrial. I represent the tenant under a recorded lease and he has an option to purchase. His name is Van Taggart of Sou/hold Resins~ Inc. He wishes to use the building to manufacture a process he has patented to make portable plastic heaters. Mr. Wickham: How long has it been lying idle? Mr. Price: It has never lain idle. At some time in the past it ceased to be used as an oyster plant. Fir. Wickham: Was it industrial? Mr. Price. No. A fellow named James Homan and Armando Cappa purchased it with intentions to use it as a restaurant which they never did but in the meantime it has been used for storage. Planning Board -J ~2~ '~ March 14, 1974 Mr. Wickham: It is obvious that if it is the building I think it is, it was specifically built for the oyster business and an industrial use. Iftr. Price: It is zoned residential. Mr. Wickham: We have made some mistakes. I am sure you know that. I am surprised that both the Town and the Village should be in the same boat on it. Mr. Raynor: How many years has it lain idle? Mr. Price: It has not been used as an oyster plant for about six years. Mr. Wickham: It has been used all this time for some type of business use. Mr. Raynor: Would you submit six more copies to us? I would like to go down and look at it. Mr. Price: I would like to outline my problem. Light industry is the only use district where the contemplated use can be carried on. Mr. Moisa: The bulk of it is in Greenport. Mr. Raynor: Has the Village Board been contacted? Mr. Price: No. If we apply for rezoning, it is referred to the Planning Board and the Suffolk County Planning Board and, if the Town Board sees fit to rezone it industrial, we have to apply to the Zoning Board of Appeals and they will or will not grant us an exception depending on whether the Planning Board has approved the site. When you come to the sections on the Planning Board approving the site you find you first start with a conference. The Village is the same but we do not have to apply for a special exception if your change of zone is granted. I thought I would start at the rear end. Mr. Wickham: You do not have to supply a site plan if there is an existing building~ etc. You are not changing the site plan. There is a simpler way and this is to get approval of a non-conforming use. Mr. Price: The only objection to that is these people intend to purchase it at a purchase price of $175,000 and if they are in there under a non- conforming use or a variance and have a fire and 50% is destroyed they can't rebuild. The only proper p~ocedure in light of their, investment is a rezone. Mr. Raynor: How many square feet are in the bu~kheaded area and the boat basin? Mr. Price: I don't know. It is a large parcel. Mr. Raynor: Usually, the surveyor indicates the acreage involved. Is this going on now? Planning Board ~3~ ~ ~arch 14, 1974 Mr. Price: Yes, it is. It is my understanding that the landlord and the tenant were not aware of the problem when they entered into the lease. The lease provides that it be used and occupied for any lawful purpose and they assumed that was lawful. Mr. Wickham: It is a little under two acres and 7ou have to take out some for the basin. With an existing use, there can be no problem as I see it. This is not changing the use or the building. There has been a non~ conforming use all the time. It was zoned "C" as were all the oyster plants. Mr. Raynor: Mr. Price: Mr. Raynor: Mr. Price: Are the adjacent properties built up? It has been J~J Ellsworth oyster plant as long as I know. Have you contacted any adjacent property holders concerning it? No. If we have to go to them, maybe we are dead. That is the trend of everything today to refuse people use of their property. Mr. Wickham: There is no question of your position where there has been a continuing use particularly where the boat basin is here and you are asking for a "C,i" which is what we recommend for this type of thing. It doesn't seem to me there will be a problem. Unless he is planning to change the building, I would think the site plan is for new construction. Mr. Raynor: Would you utilize the boat basin as it exists? Mr. Price: He expects to rent slips in it as a marina. I would like to read the following letter into the record. March 5, 1974 Irving L. Price 238 Main Street Greenport, New York 11944 Dear Irving: With regard to any action you may be taking with the property at the end of Sixth Street, I wish the following information to be included with any papers you will present to various levels of government involved in these proceedings: "In compliance with the N. Y. State General Municipal Law, g~icle 18 Sec. 803 (DJ§closure of Interest), I am hereby submitting the following information with regard to zone change variances or other actions for the Coppa and Homan property at the end of Sixth Street, Greenport. I, James F. Homan, am an employee of the Town of Southotd, serving on the Southold Town Board. There is no one else having any interest in this property that is in the employ of any municipal government body." Thank you. Sincerel y, /s/ James F. Homan Planning Board ~ --4-- ~'~arch 14, 1974 Mr. Wickham: It would seem simple and straight forward and if you think they should petition for the change of zone~ and I believe they could under the circumstances, I would expect that this board would look favor- ably on it and you would have no problem. The development of the water- front is fully as important as the development of the highway frontage. Mr. Price: This is a chance to get some light employment in the immediate area and doesn't change the looks of anything. I would strongly stress that. Mr. Wickham: You petition the Town Board and they refer it to us and we send it right on to the County and, in due course~ it comes back to the Town. Mr. Moisa: When it gets to the County they may hold it to act on both together. Mr. Price: That is not what the county charter says. Mr. Raynor: Will you send us some maps with the 500 feet radius from the property? Mr. Price: Of course. Mr. Wickham: One other thing you haven't mentioned, I think you will have to face the DEC. Mr. Price: There is no change. Mr. Wickham: The County will say and has in the past, if this is on or near the marine fringe we will not approve it unless you have clearance from the New York State Department of Environmental Conservation. Mr. Price: I wrote a letter which brought results before and I will send them the same letter. Mr. Wickham: Clearance from the DEC is not difficult to get. William Schriever subdivision. Charles Cuddy, Esq. appeared. There was discussion as to some changes made on the map. Stanley Sledjeski minor subdivision. Richard Lark, Esq. appeared. Mr. Lark: Pursuant to your letter of March 12, I got the necessary covenants and restrictions~ one by Helen Sledjeski, and I have corrected the error in the property description for the board. Here are the two deeds which have been recorded. (in file) Mr. Wickham read the covenants and restrictions signed by Helen Sledjeski. Planning Board '~ ~5- - March 14, 1974 Mr. Lark: This is the description and they are both together so there should be no problem. I would like to request a favorable reply. Highland Road Corporation. Richard Lark, Esq., Richard Mohring and Bart Jo Piscitello appeared. Mr. Lark: The Board wrote me a letter regarding the subdivision. I brought with me here this evening both principles, Nit. Richard Mohring and Mr. Piscitello. After I discussed it with the principles, they asked me to go ahead and I had Mr. Young do Some further computations on the layout and the topography of the surrounding land to assure myself before the preliminary stage that the recharge basins would not adversely affect any of the surrounding lands. I have an amended map here and I will have Mr. Young explain the differences in a moment. The recharge basins are from a topography point of view. (to the principles) The Planning Board was interested in whether you will develop it yourselves. Mr. Piscitello: We are primarily builders and we are running out of land and we are looking to develop and build in Suffolk. We have had many inquiries from brokers wanting to know if we would sell the land. We said we were developing and building but if there were purchasers we would be glad to send a map of the property but not to offer the property for sale in its present condition. However, if there were interested people we would venture sales in the future whenever we would get a filed map and we could build for the people or sell several individual lots to create activity in the area and create a subdivision which is compatible to the community. At this time~ we intend to build and develop it. Mr. Lark: Do you have any further questions on that particular aspect of it? I went over it with them after you wrote me the letter. At this time I would like to turn it over to Howard Young. He can explain the differences from what I presented in late January. This is a refinement of it and the main reason is to make sure the drainage areas would be compatible. Mr. Young: We have taken the 500 feet outside from the U. S. Geodetic map. At your request~ I have shown the building which I didn't show on the first one. The other revision was in studying the road layout we came out with an excess of acreage of what we needed and threw another lot in the back which we would like to get your feeling on. I believe it mee~s the zoning requirements. Mr. Wickham: Not unless you have 100 foot highway frontage. Mr. Raynor: Why did you cul-de-sac here? Mr. Lark: As I understand it, he intends Ko develop this exclusively in a grape vineyard. I don't know how many acres he will grow this year. I think that will be the future because he has the financing. If there was a death~ there would be a change but this is what I understand. Planning Board -~ -6- .r~ March 14, 1974 Mr. Raynor: We still have to consider this. Mr. Lark: Howard's argument is taken from the zoning code here. Mr. Young: The reason we do not have the road is because the terrain is high and we wanted to break them up into square parcels. Mr. Wickham: We do not go for the flag lot because it defeats the purpose of 150 foot frontage. Mr. Lark: This road is not going to create the problem but can the recharge areas be moved? Mr. Young: That is no problem. The park and playground doesn't include the recharge basin. Mr. Raynor: Do you have enough park and playground if you get rid of the area by the church? Mr. Young: Yes. The developers would rather put in a cul-de-sac than lose this lot. Mr. Wickham: We have to go to the Highway Committee and the Highway Superintendent on the cul,de-sac. Mr. Lark presented the application: fee and twelve copies of the map. Mr. Wickham: We always get in touch with schools, churches, etc. and we would sooner or later get in touch with the church and ask what they think. Would you be willing to give this to the church if they maintained it as open space? Mr. Piscitetlo: Yes: absolutely. Mr. Wickham: I am not a trustee so I have no say. We could write and say we understand the developers would be willing to convey it to you if you would maintain it. Mr. Piscitello: Your suggestion is well taken. It is of no use for a park strip or a building spot or anything but possible use to the church. Mr. Wickham: About eight or ten years ago they were looking to acquire some but at thai-time they didn't know what they wanted to d6 with it. We will write them a letter and say you are amenable. Pebble Beach. Rudy Bruer, Esq.~ Lefferts Edson, Esq. and Mr. Donovan appeared. Mr. Raynor: We need data on subsoil. Mr. Wickham: There can be no established vertical depth here. They have to go down to sand. It has to go down to sand and gravel and it has to be approved sand and gravel. You can't establish a depth and say it is going Planning Board -7~ ~arch 14, 1974 to be such and such. You cannot have even 5% of silt. Therefore, when you excavate for the pipe you can't backfill with the material thai has been excavated unless you excavate the swale first down to sand and put your ditcher in and backfill. Mr. Donovan: Even though we have Health Department approvaI, we agreed we would dig test wells. Through the wooded areas we have the right of ways pretty much cut out.' We will not know until we open up the entire area just what we have in here. I think, from a practical standpoint, we will watch as we go through. Mr. Wi ckham: One of the things about this type of highway drainage is you have to be very careful to take every step in the proper sequence because a very small percentage of silt can spoil the complete effectiveness because you can't silt it up. Mr. Donovan: In the swale areas when we go down to the sand and put in the utilities, then we will see what we have got. Mr. Wickham: Our engineer will spend alot of time there saying this is the way it has to be. We want it to work. Mr. Donovan: If I remove and push to the side the overburden, I am sure we are going to run into some portions where we are going to have to replace some of the soil with sand. Mir. Wickham: You have to be careful you don't strip it back because if you do the silt will run back in. Talk with the engineer so you don't get mess, ed up by having your swale silted up because this is what happens with catch basins. This linear system of highway drainage can be ruined just as quickly by silt as a catch basin and it poses a problem. Mr. Donovan: WhatiI propose doing along the property line is make a berm and shape this area so there is a retaining ledge here. Ail we are doing is making an elongated sump area and we can assure you we are going to be extremely careful and aware of the problems with it. Mr. Wickham: We.have done one pilot project and What we do not want is to ha~e this whole thing set down below the surrounding territory because then again it gets more than its fair share of water. Mr. Donovan: I can say you could run into that in any piece of land. Some of the properties'will be above the grade and the berm is the thing that should be the container. Otherwise you would have to go all the way through and take all the vegetation off the property. Mr, Wickham: You don't cut all the way. Mr. Donovan: We have pretty much the cuts and fills indicated here. Here you go from a cut to fill section. Planning Board ~8-- March 14, 1974 Mr. Wickham: This is the slope of the land outside the highway. In talking with the Soil Conservation District some time ago, he felt that there were a couple of areas where you ought to use conventional type drainage and I had thought they were down by the Main Road. Mr. Donovan: That would be news to me in the last go-round. The only thing the State said to me they may or may not look as to whether we have to pave the shoulders on the State Road for a passing lane particularly for someone coming in making a left turn and they have not determined that because we haven't been to the State with a final one. They do not want any water in the road. There is a clump of trees here and it may be on taking some dimensions we may kick this over a little bit. I don't want to take those trees out. It may not be necessary. We are not sure of that. They set back. If the trees are in here and since you have this room, why take the trees out? The only thing was moving two plots to provide access for drainage. We relocated two lots, 55 and 63. Mr. Raynor: Have you had any conversation with the Highway Department? Mr. Donovan: No, we have had none at all. We left all the plans here. We didn't send any to anyone else. It is good permeable soil. Nit. Donovan was directed to take a map to the Suffolk County Department of Environmental Control. Lucile Mosback - The Terrace. Rudy Bruer, Esq. appeared. Mr. Bruer presented six copies of the map. Mr. Bruer: We intend to make this four lots and go for a variance on Lot #4. As my original agreement with the Zoning Board of Appeals Lot #2 would be covenanted never to be split up. Inlet Bast. William Bsseks, Esq. and Dona~Denis appeared. Mr. Esseks: On our preliminary approval there was no request for a park and playground because of the proximity to a public park. The following recommendations were given to Mr. Esseks and Mr. Denis. At a meeting of the Superintendent of Highways~ the Town Engineer, a member of the Town Highway Committee and Mr. Henry Raynor of the Southold Town Planning Board~ the following recommendations on drainage were made re the above proposed subdivision. At the intersection of Inlet View East and Harborview Avenue install~ ations of catch and leaching basins at the southeast corner and southwest corner connected by 18" pipe. 18" pipe will run from the southwest corner to a catch basin at approximately the northwest corner of the subdivision. 18" corrugated pipe will run from this catch basin westerly for approximately 125 feet and will overflow from there. Planning Board ~9~ -~ March 14, 1974 On the southerly line~ lot #10 is to be redesigned. Southwesterly corner of the subdivision for a distance of approximately 60 feet to the north, easterly to the road ending shown at beginning of turn around and southerly 60 feet back to the south line. This includes drainage easement shown on map dated August 29~ 1973 plus approximately one-half of recharge basin shown, The engineer proposes to utilize this area as a natural drainage easement excluding the recharge basin. Lot #10 will encompass the unused area in the recharge basin. ~xisting road ends will be drawn to north and turn around will be installed approximately 100 feet north of turn around shown on map. 18" piping will lead from new turn around to drainage easement. At approximately 75 feet southwest of new proposed turn around a dike will be created running at right angles to the drainage easement. Two overflow pipes at different vertical heights will be installed through said dike for a carrying distance of approximately 75 feet. Lot #9 shown on subdivision will be utilized for park and playground area. .~August Acres. George Wetmore appeared. The following letter l~kk~ dated March 8~ 1974 was read. Gentlemen: I have inspected the plans and profile of August Acres and recommend the following recommendations: 1. Boring tests be made in the sump west of Lot #1 for any leaching. 2. A 50' right-of-way between Lots #14 and 15 for the town. 3. The Park and Playground area must specify for drainage use. /s/ Raymond C. Dean Superintendent of Highways The following letter dated February 24, 1974 was read. Dear Mr. Dean: I have reviewed the above mentioned subdivision plan and make the following recommendations and comments. 1. That the road between lot 33 and the park and playground be omitted. This area is now a pond. In fact there are two ponds in the park and play~ ground one of which is large and covers half of lot 33. ' 2. That since Southold Town has the deeds for the area between lot 90 and 93 of the adjacent subdivision, that roads be connected to this area to eliminate an extremely long block. 3. That the island at the junction of Kerwin Boulevard and Bayshore Road be enlarged. 4. That recharge basins be required. Also that test holes be made in the proposed area for the close proximity of clay strata~ which preclude PlanAing Board -10~ ~-~ March 14, 1974t~ the percolation of water in a recharge basin. /s/ Lawrence M. Tuthill, P.E. Nit. Raynor: How come the original map didn't show the pond? Mr. We/more: There was a pond there and for some reason or other they didn't show it. Everything is correct now. Greenfields. Gary Olsen, Bsq. appeared. Mr. Olsen: The changes are made pursuant to your request. next procedure? What is the Mr. Wickham: In view of the fact that you have met all the requirements, the chances are we will approve it and send it up to the county, Wait until you have heard from the Planning Board that we have heard from them. Sleepy Hollow. Gary Olsen, Esq. appeared. We are awaiting the county recommendation. Oregon View. Gary Olsen, Esq. appeared. We are awaiting the county recommendation. James Dean minor subdivision. Gary Olsen, Esq. appeared. Mr. Olsen: I have here an application and maps for the wooded piece just west of Dean Drive containing four lots. Mr. Wickham: The problem here is the elevation of land. Mr. Raynor: Is this accurate? Nit. Olsen: I will say the lines are accurate as far as the boundary line agreement is. This was a general line for.meadow that was put on paper. Mr. Van Tuyl did come down last summer and he felt this line was fairly accurate as to where upland and lowland are located in relation to each other. We tried to agree with a line that basically fits in with where they meet. This is what we know we can get a clear title to. There is meadow to the west of it. The meadow swings in on lot A and a little on lot B but not much. Mr. Raynor: This is not an actual survey. Mr. Olsen: I can't tell you if it was based on field work years ago. Mr. Wickham: We will want some profiles here to know what we are talking about. Planning Board - ~11~ ',larch 14, 1974 Mr. Raynor: Where is the community wellpoint? Mr. Olsen: The community wellpoint is on Dean Drive. It is not on this piece. I thought the wellpoint was in here some place and Jim Dean had it moved off to the road. Mr. Wickham: We want elevations. Mr. O!sen: I think you recommended this be included when he was doing it but he didn't at that time because he tried a number of times to get the boundary line dispute resolved and he couldn't. Mr. Raynor: Has the Reeve and Smith Meadow been conveyed to the park district? Mr. Olsen: When Mr. Reeve died things became more cooperative. Now as far as the estate is concerned, it looks like we can do something with this now. Mr. Raynor: I wonder if there will be a water problem there. Mr. Olsen: I don't think so. The wellpoint is probably off of "C". Casola minor. Gary Olsen, Esq. appeared. Mr. Wickham: I talked with Bob Villa and our problem is that the zoning ordinance says buildable land. Subdivisions must be on buildable land and Bob Tasker says you haven't delineated what buildable land must be and I said aren't we entitled to any opinion on this and he said no, not until you establish what is buildable and what is not buildable land. He said he would suggest that we work with the county Board of Health and let them tell us what is buildable land. This letter from the Suffolk County Board of Health in the second paragraph Villa says test hol~ data also submitted indicate that private wells and septic tank-leaching pool system can be installed providing that some fill is provided to raise the grade where the leaching pools will be installed. It continues your proposal, as per our suggestion, that a covenant in the deed restricting first floor elevations to be a minimum of seven feet above ground water should ensure sufficient elevation to install a suitable sewage disposal system. The following letter dated March 14, 1974 was received. Gentlemen: I have reviewed the plans, site and the correspondence of the above mentioned subdivision and make the following comments and recommendations: 1. On March 4 and 5th measurements were taken from the test well near the north property line and about 200' west of Orchard Street. The ground water level'was 30" below the surface. This differs substantially from the 5' recorded by Mr. Casola on his test well report. 2. The present elevations of the land is below that which is flooded during abnormal storm tides. Planning Board --12. March 147 1974 3. This area is protected from these floods by dikes south of King Street on private property. 4. Mr. Born has shown a plan of proposed layout of wells and sanitary system~ but failed to show elevations of structures. The land in the area of the sanitary structures will have to be raised in some places 6' in order to meet the requirements of the Health Department. With gentle slopes graded from these areas, the land will not be left in its natural state as intended by Mr. Born. 5. Because of the high level of the water table, foundation construction must be given considerable study. 6. The town roads in this area adjacent to the subdivision are below the safe grade for use in abnormal tides. Consideration by the town must be given to thought of raising these roads, which were built to service the farming area and not an all weather road for the safety of a populate~ area. 7. It is noted, that to protect the public from the problems of developing low lands such as this, other towns have laws prohibiting subdividing of such places. 8. Because the safety, welfare and protection of this subdivision from abnormal storms cannot be controlled by the Town of Southold without great expense of raising the road and buying the existing dikes or construction of new dikes, I recommend that this subdivision be disapproved. /s/ Lawrence M. Tuthill, P.E. Mr. Wickham: This brings up an entirely different problem which I hadn't foreseen but was brought to our attention. That is that the developer at his own expense should assure safe travel to his development. In this regard, many years ago when I was doing some diking, I applied to the Town for permission to raise Grathwohl Road and did so at my own expense. I think this is the sort of thing that must be faced by your developer because I think many of us know Narrow River Road is not adequate access at times of tidal storms. Mr. ~oisa: The part of Orchard Street which abuts this property is no higher. We made an inspection of the site and it almost seems to me that those elevations do not seem quite true there. It doesn't seem right. Mr. Olsen: I am submitting now a new minor subdivision which shows on paper the informal ideas at the last meeting. The new minor conforms with the area requirements and the frontage requirements except for number 4 which has a 26.98 foot drive off of Orchard Street into lot number 4. This map bas been approved by Robert Villa on ~arch 11~ 1974 and you will see that the suggestion is that the westerly portion of the property comprising 4.385 acres is proposed to be donated either to the Town Natun~Preservation or the Historical Society or a homeowners' association. This map has been signed by the Health Department and I am also Submitting to the Planning Board a copy of Mr. Vi 1 ' ' 1 a s letter which you just read wherein he states that he doesn't foresee that the overall ' · ~ sate would give ~undue environmental problems. I am requesting that the Board grant approval of this minor subdivision. You can also see on the southerly side of lot number 1 which is, Planning Board ~arch 14, 1974 I think~ the area that might have some natural interest. That area has been delineated on the subdivision plan to remain in its natural state. It is roughly forty feet wide. Mr. Wickham: There seems to be at least three problems. Number one is what are we going to do about the highways? I am sure you know that all weather access to a subdivision is vitally important. Number two is there seems to be a discrepancy between the water as shown in your test wells as found by our engineer and we are going to have to check that up. And, finally~ in talking with the Town Attorney it appears that the Planning Board may require as a condition of signing the minor subdivision map that you physically meet all the requirements of the County Board of Health including the requirement that the finished floor elevation be seven feet. It would seem to me it would put you to a very real hardship that you couldn't get a final map until it was physically established. Mr. Olsen: In Mr. Villa's letter of February 27th he states your proposal as per our suggestion. Mr. Wickham: We may say development approved subject to yp-ur physically meeting these requirements. 3ir. Olsen: It would be an extreme hardship and an unnecessary burden as long as people buying these lots know they must raise the elevations around the pools and the elevations where the house is going to go to meet the Health Department standards to get a building permit. Mr. Wickham: We have said we think this property is too low and it has been borne out. Mr. Olsen: We have also discussed there are no minimum elevations. It is your opinion as opposed to someone else's. Mr. Wickham: We don't have to sign the map until you physically meet the requirements of the County Board of Health. Mr. Olsen: I would have to call the Town Attorney because I don't think the Town can impose that burden. As long as the purchasers are aware it will have to be raised in certain areas~ in those areas where the sanitary system is and house located. The lots are certainly large enough to meet daily living requirements. Mr. Wickham: It has been the feeling of this Board that alot of this area is too low and the building inspector says it can be legally filled. It seems to me there might be some possible place for compromise where we say if you will fill a certain percentage of each one of these lots and do it in advance~ then you have met the physical requirements of the County Board of Health and we will then sign the Mr. Olsen: This is just your opinion now. 34r~. Wickham: As I see it, the attorney says the map doesn't have to be signed until the developer meets the conditions physically of the County Board of Health. You talk to him and we will discuss this a little bit fur/hero My personal opinion is that I dislike intensely seeing a house set on a hill in a low area with a very obvious hill nearby to cover the Planning Board -14- March 14, 1974 cesspool. If he is determined to build on this land, I am going to do all I can to make sure it looks decent and is an asset to the community and not a hazard to the people who buy the homes either healtbwise or accesswise or anything else. In all sincerity and fairness, we have told you from the first this is our opinion. We are going to use every legal handle to get a fair break for the Town of Southold. Mr. Moisa: About a year ago a party was interested in buying a piece of property near the Bay and the builder had to make tests because the interested party wanted proof and the Board of Health turned him down. I can't see where they will approve a situation such as this where they turned one down in similar circumstances. Something doesn't figure with me. Mr. Olsen: All I know is wells have been dug with potable water with no problem which meets the minimum Health Department requirements and the Health Department has, in fact, signed this map. I will leave you one copy signed by Robert Villa approving the subdivision. Mr. Moisa: There is a well-driller driving a well up Orchard Street 1~000 feet and he has to drive that point down and have that water tested every so often by the Board of Health. He is six feet two inches to water. His first test shows he is way over in nitrate content and this land is right adjoining and the water flows south so I don't know how this well can read with the reading that I saw. Mr. Olsen: The test was done before he took title to the property. Mr. Wickham: I am not sympathetic to him. He is going to be required to make the best deal as to the Town of Southold. This thing of access where the dikes are on someone else's land, this is an important situation. I would say a six foot contour graded in advance for all of these lots. If we find two out of four that the water level is sharply different from the elevations shown on this map then we are going to hold off for a time to check them again. It is possible they might be six inches higher this time of year. Then we come to the point of view of the highway and we have to talk to the Superintendent of Highways. It was decided to hold an Executive Meeting on March 18, 1974. On motion made by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Sou/hold Town Planning Board set 7:30 p.m., Monday, April 1, 1974 at the Town Office~ Main:Road, Southold, New York, for a public hearing on the question of final approval of plat of property owned by Leo Kwasneski, entitled "Sleepy Hollow", consisting of a parcel of land at Southold, New York. Vo~e of the Board: Ayes: Messrs. Wickham, Moisa, Grebe, Raynor, Coyle. Planning Board ~-~ --15- '~-~ March 14, 1974 On motion made by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board approve the minor sub~ division map of S~nley ~.l.e~.Jes~i dated December 27, 1973 and revised January 31~ 1974 together with covenants and restrictions of property located at Mattituck, New York. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Grebe, Coyle, Raynor On motion made by Mr. Moisa~ seconded by Mr. Grebe, it was RESOLVED that the Southcld Town Planning Board approve the minor subdivision map of Michael Weinstein dated October 4, 1973 and amended November 14, 1973 t~ge~he~ wi{h"co~enants and restrictions thereon dated February 27, 1974 of property located at "Bayview", Southold, New York. Vote of the Board: Ayes: Messrs. Wickham~ ~oisa, Coyle~ Raynor, Grebe Mr. Raynor made a motion~ seconded by Mr. Grebe and carried to approve the minutes of the meeting of February 20, 1974. Mr. Coyle made a motion, seconded by Mr. Moisa and carried that the meeting be adjourned. Respectfully submitted, Muriel Brush, Secretary %~_~John wi~kham, Ch'airma~n --