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HomeMy WebLinkAboutPB-10/24/1973Southold Town Planning Board -=;OUTHOLD, L, I,, Ni Y. 119'71 PLANNING BOARD MEMBERS John Wlekham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle MINUTES SOUTHOLD TOWN PLANNING BOARD October 24, 1973 A regular meeting of the Southold Town Planning Board was held at 7:30 P.M., Wednesday, October 24, 1973, at the Town Office, Main Road, Southold, New York. There were present: Messrs: John Wickham, Chairman; Henry Moisa, Vice Chairman; Henry Raynor, Alfred Grebe. Absent: Mr. Frank Coyle. Gary Otsen, Esq. p~esented the Board with a topographic map for the minor subdivision of Robert Casola at Orient, as requested by the Board at their meeting of Olsen said that the location is at King Stz and that the .lots run from between two ; ~iece. Mr. ~e~y Moisa ~oted that Theke is a dike thrown up al now. Near the center the elevation is it's a very !ow spot. This falls right ir It's ali very low. Mr. 01sen said that ld come Under Health Department requirements~ Some of 5as might have to be filled. Mr. John Wickham commented Ghat the subdivision could be in difficulty with the New York State Wetlands Ordinance. Mr. Olsen said that there is no tidal action there. Mr. Raynor said that we do not have a. definition from the State. We have always used 5 feet as a criteria. Mr. 01sen said that there might Southold Town Planning Board -2- October 24, 1973 have to be some fill. They have enough square footage so I don't see why it should not be approved. It might be that to meet the Board of Health requirements for cesspools that there should be some fill in there. Whoever takes title to the parcels would have to put the fill in. I would assume the Board would want restrictive covenants that it would not be further divided. That would not be a problem. Mr. Moisa suggested that it might be a good idea to get tests on nitrogen. Mr . Olsen said that that had already been done. Mr. Moisa said that the lower area at one time was a dumping ground, then that was curtailed, and it was covered over. Mr. Wickham suggested that the profile be submitted to the Board of Health. Mr. Olsen said that we know what their requirements are. Mr..Wickham said that the Board is a little reluctant to do anything about it unless there is some indication of approval. Mr. Moisa said that we, the Planning Board, have to send a map to the Board of Health. Mr. Olsen said that, assuming that we meet Department of Health standards, I would assume that as far as the Town is concerned we meet requirements. Mr. Moisa said that now~ that we have this information we will send it to the County Board of Health and go on from there. It's the procedure we have followed in the past with other subdivisions. Mr. Olsen noted that in order to get a Building Permit we need approval from you and we need approval from the Department of Health before a Building Permit is issued, and Minimum standards would have to be met at that point. Mr. Wickham said that there is one thing that we should point out (we have not made a clear cut decision on it but there will come a time when we do), and that is that the regulations say "minor subdivisions fronting on a municipal street 'or extension thereof" and it's pr~blSmati~ai Whether you could say a right of way is an "extension thereof". Mr. Olsen said that the dimensions of the lots are pretty good. The most you would have in there would b~ four~ lots so I would think it is a good thing for the Town. Mr. Wickham said that UP to now we h~v~ said that rights of way were extensions ~here~o but in some circumstances we would say "unreasonable" extension. However, I think on this subdivision it is reasonable. Mr. Moisa asked Mr. Olsen if his client is willing to sign legal instruments. Mr. Olsen said "yes". Mr. Wickham said that we Would send this up to the Board of Health. I am a little bit concerned ~tha% this is under the 5 foot contour that we normally figure. We,say low lying land is not build- able and we ordinarily use the 5 foot contour. However, this may be a reasonable use for this land; it's not now being farmed. Mr. Mo±sa said that it has been farmed in the past. Mr. Olsen Southotd Town Planning Board -3- October 24, 1973 said that he,would assume that whoever bought it would realize that the back end would be left natural. There is no tidal action back there. Mr. Raynor iasked Mr. Olsen if he had any objection to this being sent-to Environmental Control. Mr~ Olsen said that he would object as he doesn't think that i~'s necessary. Mr. Wickham said that when we send it to the Department of Health we will comment that this is a little lower than we norm~lly hav~ presented to us, and we would appreciate any comments or suggestions. Mr. Olsen stated that whoever builds on this would have to me~t the requirements of the Department of Health. The point is tha~ it meets the requirements of the Town as far as a minor subdivision is concerned and, therefore, I think it should be approved. Mr. Wickham said that if it were above the 5 foot contour he would agree. Mr. Olsen said that it is not a wetlands area. Mr. Wickham said that everyone has a different definition of wetlands. The fact that it is behind dikes excludes it from being wetlands but it emphasizes the fact that it has problems. In this instance it can have more problems than would be experienced in wetlands with some elevation. There is one other referral agency I would like to send a copy of the map to, and that is the County Soil and Water District. They will make a recommendation to us and to you as to how this should be handled. We do this on anything we think has a problem.., property that is too steep or that requires specific drainage handling, and we are also very apt todo it when the land has dikes on it. Mr~ Olsen said that he would wait to hear from the Board. Rudolph iBruer, Esq. came before the Board in regard to Luciie ~o~Sba~ck subdivisiOn at East Marion, NeW York. The Chairman!read letter dated October 18, 1973 received from the Chairman of the Board of Appeals, as follows: app!~icant owns four houses on the easterly portion of a tract in East Marion and proposes to into lots so as to limit the maximum density into lots. This would require lot area variances for two existing cottages. ~ other lots would be substantially larger than 40,000 sq. ft. and would be covenanted to prevent further division. Southold Town Planning Board -4- October 24, 1973 The Board of Appeals position is that this proposal is a desirable project and that area variances for these small lots should be granted subject to Planning Board approval of the whole project. Mr. Raynor asked how long Mrs.~Mosback had held this property. Mr~ Bruer said that to his knowled~ he believes she has held it for quite a lon~ while. We went before the Board of Appeals at their last meeting. We have 6.3 acres and we are asking for five lots. There are four buildings on the property. Instead of having a 25,000 sq. ft. lot we would make it 40,000 sq. ft. We would be la~ding one lot, No, 52 Mr~ Raynor asked about the zoning? and Mr. Bruer said that he believed it was non-conforming uls~. Mr. Moisa asked if Mr. Bruer is applying for a minor subdivision.' Mr. Bruer said "yes"; the Board of Appeals liked it. We have an existing condition here. Mr. Wickham said~ that we can not approve a minor subdivision with five lots and we can not approve a minor subdivision in which any lot is less than 40,000 sq. ft. Mr. Bruer said that they would wind up with 5 lots on 6.3 acres. One of the primary objectives is that eventually this property will be turned over to her two children. Mr. Wickham stated that the Town Attorney says that blood relationships have no bearing. Mr.. Bruer said we are looking for two lots down here. said that there are an existli~g four houses on f Letlthe Appeals Board give'Mrs~'.ii~osback a this open land for one lo~ So ~ha~! y~u!come up ~i' YOu have four l~ts on which y~u,d~'t need Mrs. Mosback can draw the Iines ~nFW~y she wants t~, indicated on the Sketch Where ~he ilines Lot No. 5 is the on!~ vat,an.ce.. ~r. Bruer of Appeals reaction Wa~ that this is a situation and ~. ~] .d that the into an agreem gave two ~ . The way we .t is ~o ~ave the $oa~d .~f' ~ peals give a ~a~i~anc~ finest,. ~Mr. ~r~er~asked if Mr.~'Wickh~ cou!ld discuss:this With Mr.'Gilli~spiel Mr. Wickha~i~s~ ~.~hat 'if the Planning Board. decid~.s to g~' along wi~h i~ ~ wi~lll dictate a lett&r ~o ~he Board .6f A~Peals later .ton~ ht. Mrs. Raynor said this appears to be an estate problem mo~ than anything else. Mr~ Bruer said that the idea is to :reate value. Mr~ Raynor-suggested that two lots be made by drawing a line down the middle. Mr. Bruer said that we have a four house situation. I think the Town would be better off with permanent residents. I think you could Southold Town Planning Board -5- October 24, 1973 find out what it has been l~e there by speaking to a neighbor, Mr. Parker, who attended the Appeals Board meeting. He spoke with respect to some of the rental tenants. Mr. Raynor said that to his knowledge we have never granted a 5 lot minor subdivision to anyone, Mr. Bruer said that he would like to get back to the idea that the BOard of Appeals could grant a variance and, if that is the case, I would like to go before the Board of Appeals. Mr. Wickham stated that he should tie it up with covenants so it can't be res~bdivided. ~a~ruer said that he thought the Board of Appeals were pleased with the proposal. Mr. Wickham said that the Planning Board would discuss it a little later in the evening and if we agree I will dictate a letter to the Board of Appeals. You may call in the morning to find out what our decision is. R~dolph Bruer spoke informally to the Board regarding the Pebble Beach subdivision. He said that he had talked to Mr. Wolf of the State Conservation Department and he indicated that there would not be any ~probtem. Mr, Wickham said that this Board, will be extremely careful how we work with the State Department of Environmental Control because of any possible infringement. In.some cases there will be conflict. Mr. Bruer said that he expects to get a letter back saying that this doesn't apply to Pebble Beach. Mr. Wickham stated that he had spent most of the afternoon with the County Health Department discussing Pebble Beach with Mr. Donovan. Mr. Bruer also spoke to the Board with regard to the John Pontino subdivision. He said the Pontino map has been before the Health Department. They want a stipulation on the map that before any Building Permit is issued they would get a water test. It will go on the final map. William Esseks, Esq. came before the Board in regard to Inlet East Estates. Mr. Esseks said that ~he, would like to ask for a preliminary hearing. Mr. Raynor asked if Mr. Southold Town Planning Board -6- October 24, 1973 Esseks or anyone in his office had received a definition of the law. Mr. Esseks said that he found it hard to believe that everyone is abrogating his authority to someone sitting in Stony Brook. Mr.. Wickham read copy of letter dated October 24~ 1973 addressed to Mr. Raymond C. Dean, Superintendent of Highways, re. Inlet East Estates, as follows: "In response to your request for me to review the preliminary map of Inlet East Estates subdivision, I submit the following comments. Using data available from the Soil Conservation Service, the recharge basin is adequate in size to hold the volume of run-off water that can be expected. The plan calls for construction of the recharge basin to be in accordance with the Town Highway Specifications. In reviewing this specification I find that no mention of the composition of the bottom of the recharge basin is made. The bottom of the basin should be sand or sand and gravel with no intervening layer of other m~terial until ground water is reached. -Yours truly, Edward J. Bage, P.E.3' The,.'Bos Area. from t~e maps showing Detail of Drainage said that we are wa~ting for a letter .ent of Highways so that we can hold a ~. If we get a letter before, it's time afternoon, and this is a very capable man, but he has four times as much work as last year, and no staff~ Mr. Esseks commentsd that everyone is subject to review. Mr. Wickham said tha~ the Board would discuss Inlet East Estates later in the evening and would decide whether to schedule a preliminary hearing subject to receiving the recommendations of the Superintendent of Highways. Southold Town Planning Board -7- October 24, 1973 Richard C~on, Esq. came before the Board with maps of minor subdivision surveyed for Joseph Wiederman and John Gilowski. Mr. Cron said that he would hope that somebody has gone down to see this minor subdivision. This is the same layout as I showed you before but I had the proper names of the interested parties put on the prints. Mr. Raynor asked if Mr. Con's clients would be willing to sign covenants that they won't subdivide in the future. Mr. Cron said it was already laid out this way when I got into the picture with my clients. I would like to get approval. (The Board studied the map). Mr. Moisa said that the Board will need six prints. Mr. Cron said he would call Van Tuyl and have him supply the additional prints needed. Mr. Wickham said the Board would discuss the matter later in the.evening and that Mr. Cron could call in the morning for the Board's decision. Richard Cron, Esq. came before the Board with preliminary map of Albert E. Cinelli and Carl G. Hornwood at Orient. Mr. Cron said that he had presented this the last time I appeared before the Board. You asked that I leave a copy of the map. Mr. Wickham said there is no reason why we can't take some action and give you some information in the near future. We will make a decision on approval of the sketch plan tonight. Richard !Cron, Esq. came before the Board to discuss map of Orient Point subdivision. Mr. Wickham said this matter iS very much on my mind. I thought I had a three way meeting Set up. I talked to the man in Stony Brook today. Mr. Cron stated that he has to get this thing resolved. M~. Wickham said that we have to have Environ- mental Conservation with us on this. Mr. Cron asked if all this is necessary for a preliminary. Every time we bring in another part~ they have some different ideas. Mr. Wickham said that he ihad done the best he could. Mr. Cron asked what he could tell his people. You are supposed to approve within 46 days after it's ~ubmitted. Mr. R~Yn°r sta~d~that the Board had had a double submission. We had to get clearance from you. Mr. Wickham said that the Board is operating in ~good faith. Mr. Cron said that one way or the other we hav8 to bring it to a conclusion. Mr. Wickham said that he could only say that we were promised by the Supervisor that such a meeting would be forthcoming. I can assure you that I will push for it as soon as elections are over. Mr. Cron said you may want to bring the Environmental people in but basically they have nothing to do with this subdivision. I don't mind you delving into all areas but it's not me, alone, who is involved. Mr. Wickham stated Southold Town Planning Board -8- October 24, 1973 that he would like to take this up to the County Planning people and go over it with them and get their suggestions. Sooner or later we will have to go to them. It's one step which might save some time later on. Mr. Cron commented that everything is subject to review and that he can't in all good conscience let this go on and on. I am jeopardizing the people who have entrusted this to me. I am trying not to push you but I can't keep saying that I have nothing to report. I am putting myself in a position of jeopardy. Mr. Raynor said that until you decided which course of action you wanted to take we could not do anything. Mr, Cron said there are two Boards; one involves a legislative act and one is advisory but you will not find any law that says these are exclusive remedies. Mr. Raynor said that our Counsel had some questions on this. Mr. Cron asked cif he could get an answer by the next meeting. Mr. Raynor said the Board would discuss it and Mr. Cron could call in the ~,~morning. Mr. Walter Luce called to say that he would not be able to appear at 8:25 P.M. as scheduled and asked that the Board review the preliminary map. Mr. Raynor said that when Mr. George Penny submitted the map at the last meetinq he said he had worked it out with Mr. Wickham. Mr. Wickham stated that the map did not have five lots on it when he saw it. Mr. Raynor said that he told Mr. Penny to make four lots. What they have not sold off should strictly adhere to minor subdivision regulations. Mr. Wickham said that the original map had seven lot~ on it, and the Board suggested that they put a line down and make it eight lots, and we talked about a road. Mr. Moisa noted that they have a 50 foot road on the new map. Mr~ Raynor said that he thinks it's a right of way. Mr. Wickham said that the way it shows on the map it is a major subdivision. The only alternative is to make it four lots. The Board discussed the minor subdivision of Clifford Manning at Southold to be known as Soundview Estates. The Board felt that there were some questions to be answered regarding the right of way, there are no waivers e~ rights. A~uggestion was made that it would not be unreasonable to ask for an abstract assuring that these are the people who own the property. Mr. Wickham said that it. is not our responsibility to establish the fact that this is the remainder that is called for in this Deed. We have no clear indication of where this boundary line should be. We will ask Van Tuyl to provide the necessary information. We have no~information on rights of way to McCarvill and Preston. It should show the rights of way. The line has to be established. We need'a legal instrument for Lots 3 & 4. Southold Town Planning Board -9- October 24, 1973 Application for Approval of Plak was received from Glenn F. Heidtmann ~or minor subdivision at Cutchogue comprising three lots. A check in the amount of $30 was received on July 23, 1973. On motion by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold To~n Planning Board approve minor Subdivision of Glenn F. Heidtmann, Cutchogue, New York, as submitted. Vote of the Board: Ayes:- Messrs: Wickham, Raynor, Moisa, Grebe. Rgber~ Tooker, Esq. came befo to nitric Neck Properties, East Cu said that ~he last time the Board liminary map they seemed to be sat t ~ ~ ;i o tal~ ~o,.Mr. Tasker, the Town at done, 9nd ~ou said you would refer C~mmit~e..'Since we are now passed we haV~ te'~comply with the Departm ce the Board in regard tchogue. M~. Tooker ~ad looked at the pre- 3O0 U. S. spoke have is th~ interes two houses. until they do that c Surveys, the N~ ~ Young after g~ charts. They s ~ts you get in any maps. This pie~ is separated from There is a little fi of touching~one little piece on ( said they would write a letter to did not Wish to have an ~pplicatio say some I I do mean ~land )perry we are by a road and withi~ 20 feet lot. Mr.~c0ivi~ mu saying that they filed, and it would be no problem. We are not doing anything to the wetlands. They intend to measure f~om 300 fe~t fro~ construction. If you like,~I will leave you a copY. I just want to exclude mySelf from their juriSdiction. The edge Of the creek to the edge of us is about 320 feet. Southold Town Planning Board -10- October 24, 1973 Mr. Henry Raynor stated that his only q~estion with regard to Little Neck Properties is on drainage. He read letter received from the Superintendent of Highways, as follows: "I have inspected the map lay-out of LITTLE NECK PROPERTIES and recommend that ample drainage will be made on building lots abutting town roads." Mr. John Wickham said that we will ask for a copy of Deed Restrictions. The Soil and Water Conservation people say that during the construction pariod there shall be a burn between the lot and the highway until lawns are seeded. There is practically no run,off from a lawn. Silt runs into a highway and also silts up drainage construction. Mr. Raynor said that he believes it all runs north. Mr. Wickham said this could be handled with Deed restrictions. I will entertain a motion that this subdivision be posted for a public hearing. On motion by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Planning Board will hold a hearing for finat approval of Little Neck Properties Subdivision on November 15, 1973, at 7:30 P.M., at the Town Office, Main Road, Southold. Vote of'the Board: Ayes:- Messrs: Moisa, Raynor, Grebe, Wickham. Mr. Robert A. Kart, surveyor, Riverhead, New York, came before the Board with a pre-preliminary proRoSal in behalf of. Horton Bros., t He the Board to it chat to be made. He said that he had discussed this with the Superin- tendant of Highways. All of these l~ts are 40,000 sq.. ft. woods back there. This is all farm land. This is a pre-preliminary. If you have any changes you want made now, let me know. Mr-. Ray,or asked why he located the p~r~kand playground on the road. Mr. Kart said that it'was because of the area he had to work with, ~e.~ould not make this (referring to sketch) into two lots and still provide for drainage here. I had no other place to put it. It possibly could be done but I would have to shift lines. If Southold Town Planning Board -11- October 24, 1973 you remember on the Pontino subdivision I met with Mr. Dean and he asked for part of it to be for drainage, and this is what I have done. I am attempting to get a sort of pre-preliminary okay. Mr. Raynor said that he thought the location for a park and playground was a dangerous one. Mr~ Kart said that you have to have a right angle entrance. I have 236' plus another 70 or 80' and I can not possibly make two lots in here (referring to sketch) unless I extend this all the way back to here and then I wind up short. Would you rather see it down here? Mr, ~aynor said that he really would be fearful about the other location. Mr. Kart said he is trying to make square lots. Would it be permissible to do something like we have done at Indian Neck Lane? They are not going to be playing on the street. Mr. Raynor said that since the Grand Avenue Bridge has opened up it is a real danger. Mr~ Kart said that they are almost square lots, 200 x 200, no one is being crowded. (There was a further discussion of the map). Mr. Wickham s~ggested that Mr. Kart move the road up 20 feet. Mr. Kart said that he is trying to keep the road in the middle so he has proper depth. The public likes them. Mr. Wickham said there would be no trouble having one lot 220' and the other 200'. It's just a suggestion. (Mrs. Lorraine Tuthill looked atkthe map and commented on the recharge area). Mr. Raynor said that there is a drainage spot there and park and playground. Mr. Kart said that he had so many square feet to play with; all I can do is swap. He asked if this would be sort of okay? Mr. Raynor commented that he is in good shape. Mr. Vincent Curto appeared before the Board with reference to C.P.F. Land Corporation "Blue Horizons" Mr. Curto referred to the letter from the County Board of Health dated September 19th addressed to the Planning Board, a copy of which was sent to C.P.F. Land Corporation. He said that they had had the test wells all dug and approved last year. Mr. Wickham noted that the Suffolk County Department of Health said that "we have only inspected one test hole in what was formerly section one of the map. We will require additional test holes and the locati/O~s plotted on the preliminary map submitted are satisfactory." Mr. Curto said that Mr. Van Tuyl has them on the map. North Fork Oil Heat dug the test wells. The map I have shows every one. Mr. Wickham said the map shows the location but the County has to have the tests. Mr. Raynor said you need a report from North Fork Oil Heat. The ones that were dug a year ago are not any good. You have to have approval of test wells matching this map made in May, 1973. A preliminary map will have to be sent to the Health Department showing where the test wells are. Mr. Wickham said that North Fork may have to go back and make new locations. Southold Town Planning Board -12- October 24, 1973 This office has got to have the test well locations and the map correspond. You will have to see Van Tuyl and North Fork. The Board discussed the petition~ of Isadore P. Krupski requesting a change of zone from "A" Residential-Agricultural to "B-l" Heavy Business. Mr. Wickham said that this parcel is on the north side of Middle Road. Neither this Board nor the County Planning Commission will approve business development on County ROad 27 in this area. The Southold Town Planning Board received from the Southold Town Board the original petition of Isadore Krupski requesting a change of zone on certain property situated at Cutchogue, ~New York, from "A" Residential and Agricultural District to"B-l" General Business District on certain real property situated at Cutchogue, New York. This property is situated at Cutchogue, in the Town of Southold, County of Suffolk, New York, and more particularly bounded and described as follows: BEGINNING at a point on the northwesterly side of Cox Lane running thence from. said point or place of beginning alon~ land~ now or formerly of Mattituck Gun Club~ Inc., north 51° 53 minutes 00 seconds E. 756.88 feet. THENCEi north 47° 30 minutes 20 seconds W. 39.62 feet along land Mow or formerly of Mattit~ck Gun Club, Inc., thehce nlor~h 67~ 37 minutes east 108.68-feet along lan~ now or formerly of! Skire!; thence south 48° 26 minutes 00 seconds E. 630.98 ~fieet-i along land now or formerly of Cominskey Estate County Road 27 south 7t°.32 minutes 20 seconds W. 255~ running thence along County Road 27 on a radius of 19 to a radius of 73~47 feet beginning on oad 27 and ending on Cox Lane, thence along Cox Lane north 4~8° ~ minutes 20 seconds west 358.06 feet to said point and ce of BEGINNING, making up a total area of 9.467 acres. On motion by Mr. Moisa, seconded by Mr. Raynor, it'was RESOLVED that the Southold Town Planning~ Board recommend to the Southold Town' Board DENIAL of the change of zone on petition of Isadore Krupski from Southold Town Planning Board -13- October 24, 1973 "A" Residential-Agricultural District to "B-l" Heavy Business for the reason that this change would not conform to the Development Plan. The Planning Board will not approve business development on County Road 27 in this area. Vote of the Board: Ayes:- Mr. Wickham, Mr. Moisa, Mr. Raynor, Mr. Grebe. Mr. Wickham read the following letter received from Mr. Howard Terry, Building Inspector: "Last winter we had many complaints of "Runoff Water" crossing private properties in Laurel. Water drains South West from Laurel Country Estates, Wilcenski Farm and other open land'South of the Long Island Railroad to Great Peconic Bay Boulevard through "Rolling Wood" Subdivision and the adjoining Westerly property of Diachun. Prior to development of Rolling Wood the "Runoff water" was pretty well absorbed in the woodland. Last winter, someone had regarded the Southwest end of the open land and diked along the edge of the woodland of both Diachun, Rolling Wood, and dug a ditch along the Westerly lot lines of Rolling Wood. This brought a flood to the Boulevard. Ray Dean and I ordered the ditch filled to stop this run off water. Now some people have built a dime along their lot lines to throw water on Diachun. This area should have a drainage study done before this winter so that we can try to stop this runoff and resultant damage to cellars and roads. I cannot~do thi~ study or order corrections. It should be part of the~Planning B6ard's overall Plan for the area development as it covers many acres. I doubt if we can be held personally liable in this matter but certainly no plan has been done to this date. It is getting more serious each heavy rain. Please advise what you propose to do.in this matter." Southold Town Planning Board -14- October 24, 1973 Mr. Raynor said that he would inspect this property and also the Bay Avenue property in Mattituck~ and asked the Secretary to contact Mr. Ed Bage, P.E., to accompany him on an inspection trip~ The Chairman read letter received from Mr. Raymond C. Dean, Superintendent of Highways, with regard to Woodhollow Properties, Inc., Orient-by-the-Sea, Section II, as follows: "The Highway Committee and myself have agreed that we will accept the leaching area set aside for a recharge basin, located south of Lot ~65, instead of our suggestion of Lot ~64 as recommended in our letter of August 8, 1973." Mr. Lawrence Tuthill, P.E., was present at the meeting. The Board discussed having a bond estimate prepared for Woodhollow Properties, Inc. (Orient-b y-the-Sea, Sec. 2), and Mr. Tuthill said that he would prefer that Mr. Bage prepare it as he, Mr. Tuthill, is the owner of 5% of Woodhollow Properties. On motion by Mr. Wickham, seconded by Mr. Raynor, it was RESOLVED that the S~uthold Town Planning Board request that Edward Bage, P.E., prepare a bond estimate for Woodhollow Properties, Inc., Orient-by-the-Sea, Section II. Vote of the Board: Ayes:- Mr. Wickham,~Mr. Moisa, Mr. Raynor, Mr. Grebe. Mr. Wickham d~rected the Secretary to write a letter Orient, Performance Bond, minimum requirements fer tots fronting on the road, and recreation areas. Mr. Wickham read letter from the Superintendent of Highways, dated October~ll, 1973, with regard to East Hill, Section I, Peconic, New York: "I have spoken 'wi~h the Highway Committee and we suggest that approximately one-half an acre be dedicated to the Town of Southold from the Park and Playground area for future use as a recharge basin." Southold Town'Planning Board -15- October 24, 1973 Mr. Wickham read the Resolution adopted by the Suffolk County Planning Commission on October 3, 1973. RESOLUTION: PROCEDURAL AMENDMENTS TO SUFFOLK COUNTY PLANNING COMMISSION REVIEW OF PROPOSED ZONING ACTIONS AND FINAL SUBDIVISION PLATS IN AREAS AFFECTED BY "TIDAL WETLANDS ACT" WHEREAS, the State of New York has passed an Act knowRn as the "Tidal Wetlands Act" to protect and preserve tidal wetlands, and WHEREAS, the said act went into effect on September 1, 1973, and WHEREAS, all lands lying between the one fathom line and 100 yards or more, in from thee edge of the wetlands will be directly affected by the act and subject to administrative procedures of the New York State Department of Environmental Conservation, and WHEREAS, The Suffolk County Planning Commission is required by the provisions of the Suffolk County Charter to review all zoning actions and land subdivisions within 500 feet of the shoreline, and WHEREAS , it is in the best interests of both the State and County to coordinate efforts pertaining to the review of proposed changes of land use and develop- ment of the tidal wetla~ds~, Therefore, Be It RESOLVED, Tha~ the .Commission hereby amends its pr.ocedures ~ional BUlletin No. 8 as follows: The~'Su~ ~y P~anning Com/~ission will not fl consl ~tiOn nor review any proposed Zoning Action S~ ~ermit, or Subdivision Plat in any area af ~ the "Tidal Wetlands Act" that is referred pursuant to Sections 1323 to 1333 in- clusive, of the Suffolk County Charter unless the referral contains a copy of a letter from the New York State Department of EnVironmental Conservation stating that it has no objection to the proposed application. Mr. Wickham read letter from Suffolk County Planning Commission with regard to Edward Gilles for a proposed change of zone from "A" residence to "B-l" Business District. The Suffolk County Planning Commission on October 3, 1973,reviewed the above captioned zoning action and after due study and deliberation disapproved this change of zone because of the following : Southold Town Planning Board -16- October 24, 1973 1. It would result in the unwarranted further perpetuation of commercial development along the county roadway detrimental to the safety and traffic carrying ~ap&~ity of said facility; 2. There appears to be ample vacant business zoned land and retail shopping facilities in the locale; 3. It~would tend to establish a precedent for further downzonings in the locale; 4. It constitutes the unwarranted extensive encroach- ment of commercial development into a single family residence district. Mr. Wickham asked the Secretary to send a copy of New York State Department of Environmental Conservation letter dated October 1, 1973, with regard to posting laws to each member of the Planning Board and to Chief Carl Cataldo. In discussing the Robert Casola subdivision at Orient, Mr. Wickham requested that it be referred to the Department of Health and the Soil and Water Conservation District. On motion of Mr..Wickham, seconded by Mr. Moisa, it was RESOLVED that the minutes of the Planning Board m~eting of October 4, 1973 be approved as corrected. Vote of the Board: Raynor, Grebe. Ayes:- Messrs: Wickham, Moisa, On-motiOn by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED %hat the Minor Subdivision proposal of Wiede~man & Gilowski as submitted by Richard Cron, Esq., be approved for hearing on No~e~bsr 15, 1973. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. Southold Town Planning Board -17- October 24, 1973 On motion by Mr. Moisa, seconded by Mr. Wickham, it was RESOLVED that the preliminary map of Major Subdivision for Cinelli and Hornwood as submitted by Richard Cron, Esq. shall be sent to the Suffolk County Planning Commission for preliminary suggestions. Vote of the Board: Ayes:- Messrs: Moisa, Wickham, Raynor, Grebe. Mr. Wickham stated that with regard to Orient Point subdivision as submitted by Richard Cron, Esq., he would take it to the County for preliminary discussion; and would make every effort to set up a meeting with the Supervisor of the Town, State Environmental Commission, Appeals Board as soon as Possible after Eloction Day. On motion by Mr. Wickham, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board set 7:30 P.M., Thursday, November 15, 1973, 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 P. J. Ventures, entitled "Little Neck Properties", consisting of a parcel of land situated at East Cutchogue, New York. Vote of the Board: Ayes:- Messrs: Wickham, Molsa, Raynor, Grebe. On motion by Mr. Moisa, seconded bY Mr. Grebe, it was RESO~ED that the Southold Town Planning Board set 7:~5 P.M. ~E.S.T.), ThursdaY, November ~5, 1973, at the of a parcel of land situate~ at Matt~tuck, Town of Southold, New York. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Grebe. Voting No: Mr. Henry Raynor Southold Town Planning Board -18- October 24, 1973 Mr. Henry Raynor said he did not approve of Lot 10 of th~Inlet East Estates subdivision. I am not at all enthusiastic about it. Mr. Wickham said that we are posting this for a public hearing but there are some things that we don't like about it. On motion by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the next meeting of the Southold Town Planning Board shall be held at 7:30 P.M., Thursday, November 15, 1973, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Wickham, Raynor, Moisa, Grebe. Mr. Wickham stated that with regard to the statement by the Trustees of the Town of Southold in regard to reported infringement, I would like to entertain a motion that this Board support the Southold Town Trustees in their concern over the infringement of the Town rights under the Andros patent by the New York State Wetlands Act. On ~motion by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board support the Southold Town Trustees in their concern with regard to infringement of Town rights~under the Andros patent by the New York State Wetlands Act. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. Mr. Wickham informed the Board that he is writing to the Speaker of the New York State Assembly and to Mr. Anthony S. Taormina, New York State D.E.C., that this Board finds itself in a difficult position with regard to the State Wetlands Act, which became effective on September 1, 1973, and can not accept the authority of the State over some of ©~.wetlands. Southoid Town Planning Board -19- Octbber 24, 1973 On motion by Mr. Crebe, seconded by Mr. MOisa, it was RESOLVED that the Southold Town Planning Board regrets that it can not accept the New York State Wetlands Act which became effective on September 1, 1973, because of the fact that it fails to recognize those privileges granted to the Town under the Andros Patent. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. On motion by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board approve the estimate for a bond for the roads and drainage at Elijah's Lane Estates, Mattituck, as prepared and submitted by Lawrence M. Tuthi!l, P.E. Vote of the Board: Ayes:- Messrs: Moisa, Raynor, Crebe, Wickham. Receipt was noted of Proposed Regulations, October 10, 1973, PART 660, TIDAL WETLANDS - MOP~TORIUM PERMITS. On motion by Mr. Rayn0r, seconded by Mr. Mo-isa, it was RESOLVED that, upon advice of our engineer, the entire gradeof~the highways at Elijah's Lane Estates be raised in conformity wi'th our regulations which call for the center of the highway to be even or above the lot grade. In this case, we will allow the highway finished~crown to be not less than six inches (6") below the average lot grade. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. Southold Town Planning Board -20- October 24, 1973 The meeting was adjourned at 10:45 P.M. Respectfully submitted ~ Marj~ie McDermott, Secretary John ~ickham, Chairm~n