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HomeMy WebLinkAboutPB-07/30/1973Southold Town Planning Board SDUTHOLD, L. I., N. Y. 119'71 PLANNING BOARD MEMBERS John Wlokham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle MINUTES SOUTHOLD TOWN PLANNING BOARD July 30, 1973 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Monday, July 30, 1973, at the Town Office, Main Road, Southold, New York. There were present: Messrs. John Wickham, Chairman; Henry Moisa, Vice Chairman; Henry Raynor; Frank Coyle; Alfred Grebe. The Chairman read the following letter from the Southold Town Board of Appeals dated July 24, 1973: "Dear John: Evelyn Swisky, Bayview Road, Southold, New York, appeared before the Board of Appeals at 9:00 p.m., July 19, 1973, requesting a variance for permission to divide property with less than required area and f~ontage, and for approval of access on property Southold Town Planning Board - 2 - July 30, 1973 located on the north side of Bayview Road, Southold. Mrs. Swisky owns approximately 2 1/2 acres w~ich includes the portion of property on which her residence is located. The. remainder of the property runs back to a creek which has been dredged. Mrs. Swisky's application requested that she be permitted to make three lots of the frontage on this creek with an access road from Bayview Road along her west property line. We~adinised Mrs. Swisky that she would not be permitted to create or.sell lots consisting of less than 40,000 sq. ft. However, if the Planning Board is willing to create two lots to the rear of Mrs. Swisky's residence property, the Board of Appeals would grant a variance on the remaznder of the property, consisting of approximately 28,000 sq. ftc, on which her residence is located. The Board of Appeals feels it would be reasonable to grant a variance on Mrs. Swisky's residence lot, permitting this lot to be approximately 28,000 sq. ft., as it is larger than the adjoining lot to the east. We suggested to Mrs. Swisky that she refer this matter to the Planning Board, and have postponed our decision until we have your recommendations. Sincerely, Robert W. Gillispie, Chairman Southold Town Board of Appeals" Mrs. Swisky appeared before the Board and presented a survey of her property showing how the lots wer~ to be divided. The map shows a right of way along the west property line to give access=~%o the two lots in back of her residence. The Board told M~s. Swisky they would look at the property and make their recommendation to the Board of Appeals~ THE CEAIRMAN: I will call the meeting to order on the hearing for preliminary approval for map of property known as Orient-By-The-Sea, Section 3, consisting of approximately 30.69 acres at Orient, New York. Southold Town Planning Board - 3 - July 30, 1973 The Chairman read affidavits of publication from the Long Island Traveler-Mattituck Watchman and The Suffolk Times. THE CHAIRMAN: The Notice of Hearing reads as follows: NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearing will be held by the Southold Town Planning Board at the Town Office, Main Road, Southold, New York, in said Town on the 30th day of July, 1973, at 7:30 o'clock in the evening of said day, on the question of the preliminary approval of the following plat: 1. Plat of property owned by Woodhollow Properties, Inc., entitled "Orient-By-The-Sea, Section 3", consisting of a parcel of land situated at Orient, in the Town of Southold, Suffolk County, New York, and bounded and described as follows: BEGINNING at the intersection of the northerly line of the Main Road with the easterly line of Ryder Farm L~ne; from Said point of beginning running along said easterly line of Ryder Farm Lane, two courses: (1) N. 27° 08' 00" W. 465.12 feet; thence (2) N. 1° 34' 00" W. 902.35 feet; thence on a curve to the right having a radius of 20.10 feet, a distance of 31.42 feet; thence along the southerly line of Plum Island Lane, two courses: (1) N. 88° 26' 00" E. 68~24 feet; thence (2) N. 74° 29' 30" E. 619.72 feet thence along Orient-By-The-Sea, Section II, two courses: (i) S. 1° 02' 20" W. 153.44 feet; thence (2) S. 88° 57' 40" E. 581.70 feet; thence along the westerly line of said Plum Island Lane, four courses: (1) S. 10 02' 20" W. 396.79 feet; thence (2) S~ 28° 30' 00" W. 113.09 feet; thence (3) S. 16° 22' 00" W. 1'32.77 feet; thence (4) S. i° 02' 20" W. 6.73 feet; thence along Orient-By-The-Sea, Sec~ien I, ttwo courses: (1) N. 88° 57' 40" W. 200.0 feet; thence (2) S. 1° 02' 20" W. 125.0 feet; thence across Parkview Lane, S. 0° 54' 00" E. 50.03 feet; thence along the southerly line of said Parkview Lane~ $. 88° 57' 40" E. 185.80 feet; thence along said~westerly line of Plum Brissel and Proferes, three courses: (1) N. 1° 43' 00" W. 189.48 feet; thence (2) S. 87° 09' 40" W. 545.75 feet; thence (3) S. 07 46~ 20" E. 229.08 feet; thence along said northerly line of the Main Road, S. 66° 31' 10" W. 199.38 feet to the point of beginning. Containing 30.69~acres, more or less. Southold Town Planning Board - 4 - July 30, 1973 Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: July 19, 1973 BY ORDER OF THE SOUTHOLD TOWh- PLANNING BOARD JOHN WICKHAM, CHAIRMAN PLEASE PUBLISH ONCE, JULY 26~ 1973, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on July 19, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Woodhollow Properties, Inc. Supervisor Albert Martocchia THE CHAIRMAN: We have a letter from the Superintendent of Highways dated February 9, 1973 as follows: "Gentlemen: I have inspected the map of Section 3, Orient-By-The- Sea, and approve the lay~out of the roads of the above. Very truly yours, Raymond C. Dean Superintendent of Highways" THE CHAIRMAN: The file also contains a letter from the Southold Town Clerk dated July 23, 1973, as follows: "Gentlemen: Transmitted herewith is Application for Approval of Plat - "Orient By The Sea, Section Three", along with copies Of the maps and check covering filing fee in the amount of $206.00. Very truly yours, Albert W. Riced Town Clerk" Southold Town Planning Board 5 - July 30, 1973 THE CHAIRMAN: The following, letter from the Planmtng Board dated July 18, 1973, was sent to Mr. deB~uin, attorney for Woodhollow Properties: "Dear Mr. deBruin: The Southold Town Planning Board has set July 30, 1973, at 7:30 p.m. for a Preliminary Hearing on Orient By The Sea, Section 3. The hearing will be held at the Town Clerk's Office, Main Road, Southold, N.Y. The Board has waived the time limitation for submission of the application for approval and base fee. The application is enclosed herewith and should be completed and submitted to the Planning Board, together with the base fee of $50 plus $5 per acre, as soon as possible. An affidavit of disclosure stating the names and addresses of all persons having an interest in Orient- By-The-SM, Section 3 must also be submitted for the Preliminary Hearing. A Legal.Notice is being prepared and a copy will be sent to you July 20th. Very sincerely, John Wickham, Chairman Southold Town Planning Board cc: Mr. Walter Uhl" THE CHAIRMAN: The reason the Board waived the time limitation, meaning that our regulations state submission shall be two weeks prior to a meeting, is because this is reapplication or actually amendment to an approved subdivision. This Board felt it was within its authority to waive the time limitation. In going over the file I find it substantially complete. We will need an affidavit o~ statement as to the ownership of this subdivision. I will now ask if there is anyone wishing to speak in opposition to this subdivision. (There was no response). Hearing none, is there an~sne wishing to speak in favor of this subdivision? WILLIAM deBEUIN}'attorney: Mr. Uhl has filed his papers but I don't think he understood about the disclosure statement for Woohollow Properties. I had not.had a chance to see what he submitted. We don't have an affidavit tonight. There is no one connecued with the Town or this Board that has any interest in this corporation. Mr. Uhl will submit a stock- holders list of Woodhollow Properties, Inc., if you wish. Southold Town Planning Board - 6 - July 30,~ 1973 THE CHAIRMAN: I think the Board is generally more interested in the officers of the corporation and major stockholders, if any. If someone owns one third or more and particularly if they have any political affiliations of any kind we wo~ld want to know. WILLIAM deBRUIN: Mr. Uhl is the President; his son Thomas is Vice President and Secretary. There are three Directors, Mr. ~6Tn~Karjam, Mr. Wesley Denniston and Mr. Henry Katz. Each of the directors own approximately 15%, Mr. Uhl owns 20%, his son Thomas 10% an~ the rest is divided amont 20 to 25 s~ockholders, none of wh6m are in public office and own less than 5%. THE CHAIRMAN: Prepare an affidavit with the names of the directors or any elective officers and submit for the file. Is there anyone else wishing to speak in favor of this application? (There was no response.) Hearing none I will declare the hearing closed, with a couple of additional requests: (1) we do not have the profiles for Park View Road, which will be required for the final hearing; and (2) there is some problem about drainage which should be worked out. The hearing as closed and a determination will probably be/made at the next meeting. The Board sees no problems wi~h this subdivision. WALTER UHL: Can I tell Mr. Va~ Tuyl to proceed with the final maps? THE CHAIRMAN: Our regulations ca~l for approval not only from the Town Superintendent of Highways but also the Committee of two membel~s~of the Town Board and this will be necessary so this drainage problem will have to be settled to the satisfaction of these two members. We will request our engineer to submit an estimate for the purpose of the bond, untess~3you feel you can complete all the highways, drainage, etc., prior to the final hearing. WALTE~'.UHL: No we couldn't finish by the~. Mr. Joseph Donovan and Lefferts P. Edson, Esq., came before ~he Board in regard to Pebble Beach'Subdivision at East Marion. Mr. Wickham said the Board has written a letter to the County Hea~th Department and sent a copy of the map. Copies of this letter also went to the County Executive, County Department ~f Environmental Control, County Planning Department, the Supervisor, Board of Appeals and Pebble .Beach. Mr. Wickham also said he has subsequently talked to Mr. Klein and hopefully we will be hearing at Southold Town Planning Board - 7 - July 30, 1973 an early date. The usual procedure is for Mr. Villa or his assistant to say this does not meet the 40,000 sq. ft. requirement and will have to be referred to the Review Board, at which time representatives of this Board and Mr. Klein can be expected to take an active part in this. This Board s~es no real problem at this time. Mr. Klein has spoken in Southold and clustering was mentioned and he has assured us and me separately, so I fo~see no real problem and hopefully it can be done fairly speedily. There is ~o real point in holding a hearing until we have some favorable hearing from the Health Department. The map has been submitted and this Board has talked to Mr. Villa's assistant, the County Planning Commission and Mr. Klein. M~. Donovan asked if the Board had received a report from the Superintendent of Highways. Mr Wickham read Mr. Dean's letter of J~Y 18, 1973, approving the p~ot plan and road ends. Mr!. D~novan submitted another copy of the map with the open areas and buffers colored. He said they changed the beach pa~king area which will now be surrounded by existing ipl~tings. The area is 110 feet wide and will be pianted~ all.~round. Mr. Donovan Said it would be better protectedl in ~this location. There would be no parking reguta~iohs to protect the adjacent property owners. The parkin~ would be for the use of the residents; there would be no ~ccess ~to the lots surrounding it. Mr. Raynor said they would n~ed a 20 foot buffer around the area. Mr. Donovan said h~ woul~ihave no strong objections to that. The area could be .mad~ wider. The area Would accommodate 46 cars. The roads will remain private and private posting of the roads will restric%~ parking along the roads. Mr. Wickham told Mr. DOnovan.~i~h~ west turnaround of the road along the bluff will have to be extended to the property line. Mr. Donovan said it Would. ~ Mr~ DonOvan said they would like to start on the subdivision as soon as .~o'ssible. If they Were to take reiief'i~ the courtsl %U%de~ the~ originai s~bmi'~ssion they had~ 130~ days~ which expi~e~ aUg~st is%. He said they were wor~ing in good faith on %his and have tried to comply. They wan~ to be able to keep pa~t of the. land in agricultural use. Mr~ Raynor asked about the buffering around the drainage and recharge area. Mr. Donovan said they are going to study the sand swail system. They hope not to have any recharge basins, but don't know now. Mr. Wickham said as soon as the Health Department has made a decision a preliminary hearing can be set up. Southold Town Planning Board - 8 - July 30, 1973 Mr. Edson asked if the Board had decided on the road for the Pontino subdivision and Mr. Raynor said they would want the road at the west end for access. Mr. George Ahlers and Mr. Raul Jara, architect, presented a plan for proposed condominiums off Laurel Avenue, Southold~. The property is approximatelY 61 acres and the proposed density is 3.6 units per acre. Mr~ Wickham said the Board.iis on record as not favoring more than one multiple residence area in Southold and are proceeding on the Southold Commons Apartments project. T~e Board would have to ha~e some very compelling reasons ~o recommend another one. Mr. Ahlers said they had done several layouts for the property and this was one idea. Mr. Wiekham told. Mr. Ahlers he Can always petition the Town Board for a change of zone and the Town BOard has frequently not accepted recommendations of this Board. The Planning Board has never felt that they kn~ all the answers. Mr. A~lers ~aid he felt that it would.~e better open space a~d ~ving the density the same as for one acre lots. Ther~ was some discussion about a clay belt in the northeas~ corner of the property. Mr, Wickham told them of zone, an~ they woul~d be r ground to as~ for th~: same dens~ity zone. Mr. Wiekhami Sai~ he has talked with~ the and discussed possible wa~s of accomplishing ~_ thing in another way anld.was told the ~ .pt variances whiCh in. effect the Town ~oa~d. The5 a ld not get a variance f¢ of t~h~ ~ich would be better serve~ i to have the .ged. leave as much land as they can. Board interested. of hawing zone with residence zone asked what wo~ld be the plans on said a sewage treatment plant for 60 units would be very expensive. If they had to go to a treatment plant they would have to ha~e a higher density. Mr. Wickham also said they may have to have a~M-1 zone to accommodate the number of units per building. Mr. Ahle~s and Mr. ~ara said they would discuss the matter and thanked the Board for their help. lance for )ortion a petition ling to the concept Moisa 31. Mr. Ahlers Southold Town Planning Board July 30, 1973 Robert Tooker, Esq. and Mr. Jim Reeve came before the Board in regard to proposed cluster subdivision for Little Neck Properties.. Mr. Tooker said the new maps have been to the Health Department and have been approved and to the Department of Environmental Control for their approval. Mr. Tooker also presented copies of the covenants and restrictions to be placed on the property; one of the restrictions is a Health Department required restriction that will be stamped on the map that before any house is constructed the well has to be tested. Mr. Tooker said they have provided for a Home Owners Association and for conveyance of title to the common land to the Association. Mr. Wickham said he has talked with Mr. Tasker about putting the open space under a negative easement in addition to the covenants. There would be a substantial tax relief~ The Board may insist on having it. It helps the pattern the Town and Board is trying to establish. The Home Owners Association would hold the fee title, but it could not be built upon. The easement runs with the land. Mr. Tooker said they would do that. Mr. Tooker said they want to have a Preliminary Hearing. Mr. Wickham said he would entertain a motion to have the preliminary hearing at the next meeting of the Board. On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Planning Board will hold a hearing for preliminary approval of Little Neck Properties Subdivision on August 28, 1973, at 7:30 p.m., at the Town Office, Main Road, Southold. The hearing is conditioned on receipt of approvals of all agencies and departments required under the Subdivision Regulations. Vote of the Board: Ayes: Mr. Moisa, Mr. Raynor, Mr. Coyle, Mr. Grebe, Mr. Wickham. Mr. Wickham said the Board will need a disclosure statement, a ~es~ripti0n of the Property and payment~of th~ base fee. AlSo the. Superinbenden% of Highways may ha~e something to say about water runoff for the front lots. The. Subdivision Regulations say you are responsible for drainage for 200 feet of the road. Mr. Raynor asked about restricting access on the 19 foot right of way so people would not use it for access to their lots. Mr. Tooker said they would not allowt~¢f~ight of way to be used for access to the lots, only to the open space. Southold Town Planning Board - 10 - July 30, 1973 Ric~ard Cron, Esq., came before the Board in regard to applici~t~On for change of zone for Harold Wilsberg on property i~t Drient Point. Mr~ Cron said it was his understa_~in~ that the matter was to be submitted to the County P~anning Commission. It has not ~een submitted at this ~te. Mr. Wickham said the Board has said they would not approve any more multiple residence housina Mr. Cron iSaid he thinks .the Board should submit it to the ~COun~ Planning commission. Mr. cron said the owners of the prDperty are Ernest and Harold Wi~Sberg and himself Mr. ~lck~am said it had been discussed w~th the County Planning Commission. The Board hesitated to submit it with a negative vote. This Board feels that more can be accomplished by a cooperative discussion of the needs of the Town and~he rights of the developers and Property owners then by a~prpaching this in an arbitrary fashion. For this r~as~n ~his Board has hesitated to ~o~ward it to the County wi~h a negative reaction from this Board. We are hoping t~t some of these problems could !b~ worked out on a fri~ndl~ basis. Mr. Cron said he was before the Board with resDDct to the application that had been made for a zone change which wa~ discussed with the Planning Board on June 113, 1973. It was manifest to the Board at that time tha~ the.plan that was proposed for the zone change and Subsequent development of condominiums at Orient Point was a pl~ tb&t was to be reviewed by %h~iCounty Planning Point. p~ivate said he t~at t~e re( · Wickham said one of the~maps the County suggested has a setback line. The plan propose~ 38 lots on ~18 acres, with 2 1/4 acres for park ~hd playground. Mr. Raynor asked Mr. Cron t6 sUbmit a topographY'cai ~ap of the property. Mr~ Wickham said the r~ad at,the end of the Latham property would probably have to have a turnaround. Perhaps the easement could be relocated. Mr. Raynor said Southold Town Planning Board - 11 - July 30, 1973 the Board would need more copies of the map and the Superintendent of Highways would have to l~ok at it. 11 more copies would be needed. Mr~ William Manning came before the Board in. regard to a minor subdi~isi~of four lots approximately 200 feet east of Peconic Dunes on the south Side of Sound View Avenue. Mr. Wickham told Mr. Manning the Board would have to have the names of all surrounding property owners. Mr. Manning said he has owned the property for 16 years and there is no bUilding on any of it. The Board informed him he ma~ have to file a legal document that the lots will not be resubdivided. The map will have to have a site location, and show adjacent property owners. The four lots are allright as long as he has no interest in any surrounding p~operty. Mr. Manning said one of the adjacent property owners, Mr. DeAugustia wants to buy 50 feet from him. Mr. Wickham said he could sell him some of the property, as long as he did not jeopardize his own property. Mr. Raynor told him the road must be passable, but does not have to be built to Town specs. Mr. Wickham suggested he have his water tests made and submit them with his map to the Board. Leo ~wasneski came before the Board in regard to Sleepy~H~iow Subdivision. Mr. Wickham said he.died not have an~m6re information th~n when he t. alk~d to him earlier have to go through the review procedure with the Health Department. Mr. Wickham said the Board~will require a park and playground area. Mr. Raynor said~ he thought he will ha~e problem with lot ~14 because of the elevation. The Health Department now requires 40 feet to water. It might not be a buildable lot. Mr. Wickham suggested cutting down on the lot frontage for lots 10, 11 and 12 to increase the area for lot 14. 5% of the subdivision will have to be set, aside for park and playground. $outhold Town Planning Board - 12 - July 30, 1973 The Southold Town Planning Board received from the Southold Town Board the original petition of Harold W. Wilsberg, relative to a change of zone from "A" Residential and Agricultural District to ~M-i" Multiple Residence District on certain real property situated at Orient Point, New York, together with the instructions to prepare an official report defining the conditions contained therein. This property is situated at Orient, in the Town of Southold, County of Suffolk, New York, and more particularly bounded and described as follows: BEGINNING at the southwest corner of the premises herein described which corner is also the northwest corner of lands of Long Island Lighting Company; thence from said point of beginning running North 8° 04' 40" West 75.31 feet along other lands of E. E. Wilsberg and others; thence still along said last mentioned lands North 89° 25' 30" West 210.73 feet to lands of Lands End Realty; thence along said last mentioned lands the following three (3) courses and distances: (1) North 0° 57' 30"'~'E. 142.12 feet; (2) North 82° 48' 10" E. 171.08 feet; and C3) North 1° 21' 30" E. 675.0 feet to other lands of E. E. Wilsberg and others; thence along said last mentioned lands the following four (4) courses and distances: (1) South 72° 30' 00" E. 1§52.0 feet; (2) South 1° 21' 30" W. 146.~1 feet; (3) South 53° 53' 10" W. 645.01 feet; and (4) South 81° 14' 10" W. 308.21 feet to lands of G. E. & B. D. Latham; thence along said last mentioned lands the following four (4) courses and distances: (1) North 2° 03' 40" E. 305.25 feet; (2) South 76° 11' 20" W. 343.25 feet; (3) South 74° 45' 40" W. 203.85 feet; and (4) South 78° 11' 40" W. 100.0 feet to the point or place of BEGINNING. The Planning Board discussed this proposed change of zone. The Board does not feel it can recommend this change of zone because 135 units is too heavy density for the property and they have a very precarious position as regards water supply. Also the Master Plan does not call for any condominiums in Orient, and in fact expressly speaks against it. The developers are not willing to give a perpetual easement on the open land. They want to have a lease back arrangement for the beach rights. On motion of Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board denial of the change of zone from "A" Residential and Agricultural District to "M-i" Multiple Residence District on the above described property. Southold Town Planning Board - 13 - July 30, 1973 It is the opinion of the Planning Board that this proposed change of zone be denied because (1) the proposed density of 135 units is too high for this location; (2) the fresh water supply is precarious; (3) the Master Plan does not call for any condominiums in Orient. Vote of the Board: Ayes: Messrs. Moisa, Coyle, Raynor~ Wickham, Grebe. On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Southold T~wn Planning Board refer the above change of zone to the Suffolk County Planning Comm&~on stating the Board does not recommend the change for the reasons above stated. Vote of the Board: Ayes: Messrs. Moisa, Raynor, Grebe, Wickham, Coyle. In regard to proposed minor subdivision for Manuel Almeida off Harbor Lane, Mattituck, the Board has received the requested covenants and restrictions to be recorded in the County Clerk's office and a statement of ownership. On motion of Mr. Grebe, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board approve a minor subdivision for Manuel Almeida off Harbor Lane, Mattituck, subject to recording the map and covenants and restrictions that no lot will be further subdivided in the Suffolk County Clerk's office. The Chairman is authorized to sign the map. Vote of the Board: Ayes: Messrs. Grebe, Raynor, Wickham, Coyle, Moisa. The Planning Board reviewed proposed plans for the new Town Hall for $outhold Town, and the proposed sites for the location. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that, based on the information avai'~bd~le at Sou%hold Town Planning Board - 14 - July 30, 1973 the present time, the Southold Town Planning Board recommends the proposed Southold site for the location of the new Town Hall. Vote of the Board: Ayes: Messrs. Raynor, Moisa, Wickham, Grebe. Nay: Mr. Coyte. The Board discussed the highway plan for Oregon ~iew Estates. The Board will require the highway, Ho~shoe Street be terminated with a turnaround and not open on County Road 27, as recommended by the S~folk County Planning Commission. ohem~e~ngf Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that the minutes of the July 16, 1973, meeting of the Planning Board be approvedl Vote of the Board: Ayes: Messrs. Raynor, Wickham, Coyle, Moisa, Grebe. On motion of Mr. G~ebe, seconded by Mr. Coyle, it was RESOLVED that the next regular meeting of the Planning Board be August 28, 1973, at 7:30 p.m., at the Town Office, Main Road, Southold. Vote of the Board: Ayes: Messrs. Grebe, Coyle, Raynor, Moisa, Wickham. Southold Town Planning Board - 15 - July 30, 1973 The meeting was adjourned at 11:15 p.m. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board k~ohn Wickham, Chairman