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HomeMy WebLinkAboutPB-06/13/1973Southold Town Planning Board -~OUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molea Alfred Grebe Henry Raynor Frank Coyle MINUTES SOUTHOLD TOWN PLANNING~ BOARD June 13, 1973 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Wednesday, June 13, 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. Absent: Alfred Grebe. Also present: Mr. Andrew Goodale, North Fork Taxpayers Association. Mr. A. M. Stollmeyer came before the Board with a map of a proposed minor subdivision of his property off Soundview AvEnue, Southold. The property is 5.79 acres and the map shows three lots - 3.35 acres, 1.5 acres and .099 acres. Mr. Stollmeyer said he is building a house on the larger parcel and intends to live there. Mr~ Stollmeyer said the lot that is .~9 acres is over 40,0~0 square feet. Mr. Wickham told Mr. Stollmeyer that the Board will not accept a minor Southold Town Planning Board June 13, 1973 subdivision which can be divided at a later date without an instrument saying that no lot in the minor subdivision can be resubdivided and we will file this instrument with the County Clerk. We will allow four lots in a minor subdivision. Mr. Stollmeyer asked if that meant he could not divide the larger lot at a later date if it meets with the zoning at that time. Mr. Wickham told him he could not and suggested that he make four lots at this time or he could file for a major subdivision of five or more lots. It has been the practice of the Board to require a commitment that no lot will be resubdivided. If you file for a four lot minor subdivision and then resubdivide some of the lots that is an evasion of the major subdivision regulations. The Board will accept a m&~or subdivision of no more than four lots. They can be as much as two or more acres but in order that there be no evasion of the major subdivision regulations we have insisted on these commitments. Mr. Stollmeyer said he would make four lots but wants to have the 135 foot frontage. Mr. Wickham told him the Town Attorney has told the Planning Board they have no authority to approve any subdivision that does not conform to the ~xisting Zoning. Ordinance. The requirement is now for 150 feet frontage. If the lotsline on Soundv~%? Avenue was moved you could meet the 150 feet. Mr. Stollmeyer said he could not change the lot line on Soundview Avenue because he would be encroaching on hedges and natural boundaries. Mrr Wickham told Mr. Stollmeyer the Planning Board must conform to the Zoning Ordinance. The lots must have 150 feet frontage. Mr. Stollmeyer said he will go for a variance. If he moves the lot line it will be encroaching on an accessory house. Mr. Wickham told Mr. Stollmeyer that the line is on paper; he can leave the hedges. Mr. Stollmeyer said he did not want to do that. Mr. Wickham said he has the option of going to the Board of Appeals. If you go to the Board of Appeals they will insist on one lot. If you want a subdivision they will refer you back to the Planning Board. Mr. Stollmeyer said he did not think the 15 feet would make that much difference. Mr. Wickham said the Town of Southold is the only town that has a minor subdivision provision. We make it easy if you want to have four lots. They have to comply. We won't allow any resubdivision. Mr. Stollmeyer said he would be breaking another Zoning law because of~the accessory building. Mr. Raynor said the accessory building does not show on the map. The map does not comply. Mr. Wickham told Mr. Stollmeyer he can sell off one lot as long as it meets the zoning requirements; it must be 40,000 square feet and have 150 feet frontage. You can do that once in a great while as long as you lea~e more than one acre. When you sell a second lot it becomes a s~bdivision, and you are in violation of the State law. Mr~ Moisa suggested Mr. Stollmeyer c~ntact his attorney. Mr. Stollm~yer said he would get a variance. All Soundview Avenue has 135 and 100 foot frontage. Mr. Wickham told Mr. Stollmeyer the Town Board has amended the Zoning Ordinance and it will become effective in a few days and~regardless of what has been submitted or has preliminary approval, if it does not meet the requirements at Southold Town Planning Board June 13, 1973 the time of final approval it is no good. Mr. Stollmeyer said he will appeal to the Board of Appeals for a variance. Gary Olsen, Esq., appeared before the Board representing Mr. Edward Gilles in regard to his application for a change of zone. Mr. Wickham told Mr. Olsen the Board wants tokknow what Mr. Gilles wants to do. The Board feels he would do as well to ask for a heavy Business rather than an Induskrial zone. The smaller piece of p~operty is too small for any Ind~strual zone. Nothing could be constructed to meet the requirements. Mr. Raynor said Mr. Gilles has talked to him a number of times. Mr. Wickham said the Board would like to see it Bml Zone. Mr. Olsen said Mr. Gilles thought it would be in keeping with the Master Plan. The property has been in his family for many years. Mr. Wickham said the Board has purposely left this application open. We would recommend B-1 Zone. Mr. Raynor said the Long Island ExpressWay Terminal runs through part of the~property. Mr. Wickham said the Town has quikeaa bit of C zone property in the Town and it is not being used. Mr. Olsen said he would discuss this with Mr. Gilles. Mr. Hochman appeared before the Board and presented the map of the subdivision for Lorraine Hochm~an at Cutchogue showing the connection for the proposed east-west road. The Board told Mr. Hochman he will have to mark the area Reserved for dedication to the Town of Southold. He will have to talk to the Superintendent of Highways. Mr. Wickham said the Planning Board will send the map to the Superintendent of Highways and will let him know at the next meeting. Mr. Hochman said he expects the reqults from the Health Department next week. Bob~Dou9la~presented the preliminary plan for Willow Terrace, Section Two. He said he has a couple who want to build a house on one of the lots. Mr. Douglass also said the roads are cut in this Section Two. He has left out a piece for his own house. Mr. Wickham~told him the Town Board has fold the Planning Board they have no authority to approve a~y subdivision unless it has 40,000 square foot lots and 150 feet frontage. The Board cannot approve anything not in accordance with the Zoning Ordinance. Mr. Moisa asked Mr. Douglass if he has gone to the Health Department on this section. Southold Town Planning Board - 4 - June 13, 1973 Mr. Douglass said he did ~o to theBoard of Health and a piece was taken out so that the subdivision would be less than 15 lots. Mr. Wickham said the Board will move only on advise of counsel. Mr. Wickham asked Mr. Douglass if he can produce a record of his hearing with the Health Department. Mr. Douglass said he would ask his attorney. Mr. Douglass also stated that all of Willow Terrace is on the approved list of accepted subdivisions~. Mr. Wickham said the Board will discuss this with the Town Board. Mr. Armand Bartos came before the Board in regard to his proposed minor subdivision at East Marion. Mr. Moisa asked if there was any other accessto his property. Mr. Bartos said there was not. He has gotten a variance on the right of way from the Main Road because it was only 8 1/2 feet wide. Mr. Raynor told Mr. Bartos there will be problems obtaining a mortgage with anything less than a 30 foot right of way. Mr~ Bartos said he laid out the lots so they would have frontage on the right of way. The Board asked Mr. Bartos to see if he could get access from an adjoining property owner, Mr. DiNicola. Mr. Bartos said he would talk to him. The Board also suggested he talk to the Appeals Board and ask for approval of access for one lot. Charles Cuddy, Esq., and William Schriever presented a proposed plan for a cluster development of Mr. Schmiever's property off Tabor Road and Orchard Street, Orient. Mr. Cuddy said the property totals approximately 15 acres. They propose cluster development on 11 acres and leave 4 acres open space. They want a change of zone to "B" on the property surrounding the Town sump. Mr. Molsa asked if he owns the property now. Mr. Cuddy said it was under contract. Mr. Schriever said he did not have an option on the two lots on the Main Road. Mr. Schriever said the pieces marked with arrows he proposes to sell to adjoining property owners. Rather than have them open space-he would like to sell to adjoining property owners to add to existing tax paying property and increase the assessment. Mr. Schriever said some of the property owners have indicated they want the property. Mr. Wickham told him it will have to be cleared with the Town Board. Mr~ Schriever also said he intends to widen Tabor Road to 70 feet. Mr. Wickham said the Board will have to talk to the Town Board and the map will have to go to the Health Department and Planning Commission. Mr. Schriever said at the same time they would be asking for a rezontng to C. He would like the rezoning so he would not have a non-conforming use. Mr. Raynor asked Mr. Sch~eiver to present Southold Town Planning Board - 5 - June 13, 1973 maps showing how the map would l~ok ~f the property was transferred to the adjoining property owners and one if it was not. Mr. Schriever said he would. Mr. Wickham s&id the concept was within the requirements for cluster zoning. Mr. Raynor asked about the right of way behind the Business property and Mr. Schriever said it was access for the lot owners to the open space and access for the Business property to utilities. Mr. Schriever said he had water tests done today and Mr. Heil's office in the Health Department has a copy of the map. The Board will talk to the Town Board about this map. distances between buildings meets .ts. They. intend to get water from the hotel property will remain private. There will be a connecting road to Subdivision. Mr. Cron said he would like a par 30 ourse on the eastern portion of the property.. Mr. Cron also said they plan o~ seasonaI occupancy and intend to l~it families with children of 15 years of age or older. Mr. Wickham said the Board will talk to the County Planning Commission and said the Board is sensitive to what the local people think. Mr. Joseph Donovan, Rudolph Bruer, Esq., and Lef~erts P. Edson came before the Board in regard to Pebble Beach Subdivision at East Marion. Mr. Bruer said two meetings ago the Board promised they would attempt to set a hearing for preliminary Southold Town Planning Board June 1~, 1973 approval. Mr. Wickham said the Board has shelved all hearings until the new amendments to the Zoning Ordinance become effective. The Planning Board has no power to hold a preliminary hearing on any subdivision which would not meet the amended ordinance at the time of final approval, regardless of whether or not it was approved at a preliminary hearing. Mr. Raynor said the Board has forwarded the plans to the Town Engineer, but to date has not received a report from him. Mr. Bruer asked when the Board felt the new Ordinance would be in effect. Mr. Wickham said June 17th is the effective date. Mr. Bruer also asked when, in the Board's opinion, did their submission become a formal submission. Mr. Wickham said the date the fee was paid. Mr. Bruer said it was his understanding ~hat with respect to the application earlier submission of maps and papers were made. At that earlier time on the submission of papers and maps and the formal application in proper form a question was asked as to submission of the fee and it was s&id it was not needed because you have not computed the bonds. Mr. Wickham said he had no recollection of that but it would have no bearing from the Board's point of view ~because this is only entails preliminary approval. Mr. Bruer said a decision is to be made within a particular period of time. Your rules don't call for anything as putting forth a moratorium on action of the Town Board. It is our Qpinion that we are entitled to a hearing. I am not aware of any action of the Town Board callfn~ for a moratorium on preliminary hearings. Until the ordinance is effective the prior ordinance is in effect and we are no~ in a dead period. You are trying to pu~ the new ordinance in 10 days before it is actually in effect. We respectfully request a determination of the submission as or&~i~ally presented. Mr. Bruer said they were promised that a hearing would be set up. There were also two other subdivisions that were to be set up for preliminary hearings. There is an ordinance and the Board should act accord~ing to the ordinance. Mr. Wickham said on the day the Board said they would set up a hearing for several different subdivisions there was no subterfuge, but in ths next few days the Town Board approved the amendments. You were told this. Your client had told us that he wanted 1us to proceed as if nothing had happened.~ We did procee~ in good ~th toward holding a hearing~ When the Town Board approved the amendment changes it changed the picture completely~. Everything S~id before ~his date wa~s knoW~nglthe Town ~0ard had these amendments b~fore them. When they took action it changed the picture completely. Technically we could hold a hearing on this. subdivision. We would say when we call the hearing, the maps do'not comply with the Ordinance and the hearing is dismissed. Mr. Bruer said if the hearing was held during the first 20 days of June any determination made would have been before hhe new ordinance. Mr. Wickham said the Planning Board has never held a hearing when the maps did not comply. From the date the Town Board amended the Ordinance it would hot have been possible to advertise and hold a hearing. Mr. Bruer said until such date Southold T~wn Planning Board - 7 - June 13, 1973 the new ordinance takes effect we would be under the old ordinance. The legislative body must function under the ordinance in effect and not anticipate the new ordinance. Mr. Wickham said the new ordinance did db one thin~ and th&~ is the fact that the amended ordinance provides for clustering in the "A" zone. That might be to your advantage. Mr. Edson asked Mr. Wickham to.explain the concept of cluster zoning. Mr. Wickham gave Mr. Edson a copy of the new amendment covering clustering. Mr. Wickham said the beach area could not be included in the c~ustering and the minimum square footage for a lot would be 20,000. Mr. Edson asked if the land above the high water mark was ~included and Mr. Wickham said he did not know; ther~ are no elevation standards. Mr. Donovan said he felt the change in zoning would not have taken place had the Francisco property lay fallow. The. Town of Southold and in particular the residents of that school district were happy to reesive taxes from Francisco, but when we attempted to and have filled every requirement of the existing Zoning ordinance, asking for not one variance, there is a sudden change in zoning. Mr~ Donovan said they might have made a mistake in not buildinq condiminiums and asking for a commercial zone. Mr.. Donovan said he thinks they have been treated unfairly in this matter. They presented the case exactly within what the ordinance called for. The night we brought in our maps and application and asked Mr. Terry about the check, he said it was not necessary at this time, meaning the check. We teok him at his word as a town officer. The date we put the maps and application in is the date the p~eliminary plan was submitted. We were able to put a check in the following day. I am sure Mr. Terry made the statement in good faith. Mr. Wickham said after the next meeting of the Planning Board a letter will be sent to every developer that their subdivision does not meet the Zoning ordinance. Mr. Donovan, Mr. Bruer and Mr.' Edson thanked the Board for meeting with them. disapproving the layout on the prior plan from the Superintendent of Highways. 60,000 square feet is reserved for park and playground. Mr. Bruer said they are still waiting for water test results. The Board requested that the names of all adjoining property owners be put on the map. Southold Town Planning Board 8 - June 13, 1973 Mr. ,Frank Knispel came before the Board in regard to his site plan for storage buildings at Naugles Dock. He said he had again talked to Mr. Charlss Barnett of the Soil and Water Conservation District about his suggestions for grading the property. Mr. Knispel said Mr. Barnett mentioned 2 x 8 risers, but did not care as long as.it would hold the soil. Mr. Knispel also said he has done measurements and the soil will hold a 1 on 2 slope. On motion of Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED that the Planning Board grant approval to the site plan for storage buildings at Naugles Dock for Frank Knispel and the recommendation of Charles Barnett, Soil Conservation Service dated May 7, 1973. The Chairman is authorized to sign the map. Vote of the Board: Ayes: Messrs. Moisa, Coyle, Raynor, Wickham. Robert Schro~der appeared before the Board in regard to his subdivision, Soundcrest Woods, Section II. He said Van Tuyl has redrawn the map in conformance to the one acre zoning. The Board told Mr. S~hroeder the frontage on all lots must now be 150 feet. Mr. Schroeder said he would check with Mr. Van Tuyl on the map he has prepared. On motion of Mr. Coyle, seconded by Mr. Moisa, it was RES©LVED that the Southold Town Planning Board will hold preliminary hearings for Fairway Farms Subdivision and Crown Land Lane Subdivision on June 29, 1973, at 7~30 p.m., at the Town Office, Main Road, Southold, New York~ Vote of the Board: Ayes: Messrs. Coyle, Moisa, Raynor, Wickham. Southold Town Planning Board - 9 - June 13, 1973 The following coorespondence was received and reviewed by the Board: Notice from County Department of Health of hearing before the Board of Review for Henry J. Smith re: Nunnakoma Waters, Southold, to be held June 19, 1973. Letter from Rudolph Bruer, Esq., dated May 31, 1973, regarding Pebble Beach Realty Subdivision requesting the Planning Board to hold a preliminary hearing. Copy of letter from Board of Appeals re: Application for Special Exception for St. John,s Lutheran Church in regard to property on north side Sound View Avenue on Great Pond. Letter dated June 4, 1973, from Robert R. Caputi, Esq., in regard to Lot ~95, Orient By The Sea Section Two asking that he be advised when Town Board acts on putting this Section on approved list of subdivisions. Letter from G. Lott Nostrand, Esq., in regard to a previous request for a chango in right of way on minor subdivison map for Christie. The Secretary will write to Mr. Nostrand and tell him the minor subdivision map must be amended in order to change the right of way. Copy of letter from Robert Villa, P.E., Suffolk County Health Department to Lefferts P. Edson, Esq., re: Crown Land Lane Subdivision, informing Mr. Edson he can expect results of hearing before Board of Review in approximately two weeks. Southold Town Planning Board 10 June 13, 1973 Received a request for a change of lot lines from Jean Widmayer on Lots 9203 and 204, Map of Nassau Point. A letter will be sent advising that lots must be 40,000 square feet and have 150 feet frontage. Received reply from Robert Villa, P.E., Suffolk County Health Department in regard to request from Mr. Guarriello about a grading problem. Received letter from Superintendent of Highways disapproving subdivision plan for John Pontlno. Received letter from Superintendent of Highways approving subdivision plan for Crown Land Lane. Received letter from Superintendent of Highways d~Dapu~ing subdivision plan for Ben Mendozza. Notice from Town of Southampton of public hearing on amendments to Zoning Ordinance Jane 19, 1973. Received additional copies of subdivision maps and road profiles for Fairway Farms Subdivision. Southold Town Planning Board June 13, 1973 Request for a proposed minor subdivision for Read, Klein and Werner off Aldrich Lane, Laurel. The Board will send a letter asking for a survey map of the property showing present owner and all adjoining owners and submission in conformance to Subdivision Regulations. Letter from Joseph Sal~nd re: Elijahs Associat&s Subdivision, Mattituck, stating that all lots in the subdivision have at least 40,000 square feet and 150 feet frontage. Letter from Mr. Thomas V. Milana of State Education Department in regard to architect Messimo Francis Yezzi stating that Committee for Professional Conduct has dismissed the case and no hearing was warranted. Received from Alden Young a revised plan for drainage facilities at Laurelwood Subdivision, dated June 7, 1973. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Planning Board grant approval to the plan for additional drainage facilities for Laurel'wood Estates at Laurel~prepared by Alden Young, P.E., and dated June 7, 1973. Vote of the Board: Ayes: Messrs. Raynor, Moisa, Wickham% Coyle. Letter from Suffolk County Department of Environmental Control re: Communal Type Wastewater Treatment Facilities - Distance Requirements. Southold T~n Planning Board - 12 - June 13, 1973 ReCeived additional prints of minor subdivision map for Milton Mehlman, stamped with approval of Health Department and two copies of the covenants and restrictions. The Board will review the covenants and restrictions and take action at the next meeting. Received letter from Suffolk County Planning Commission in regard to Application of Albert W. Albertson for a change of zone from "A" to "C". The Planning Commission reviewed the action and deemed the change of zone to be a matter for local determination with the understanding that subjec~ premises~ is to be restricted to marine related use and that appropriate environmental controls are considered to adequately protect the marine environs. The Board will forward the file on this matter, together with the recommendation of the Planning Board, County Planning Commission and Southold T~n Conservation Advisory Council to the Town Board. Final subdivision maps for minor subdivision for Pearson at Southold, approved by the Health Department and a copy of the covenants and restrictions filed with the County Clerkl were received. On-motion of Mr. Coy~e, seconded by Mr. Raynor; it was RESOLVED that the Planning Board grant approval for minor subdivision map for John B. Pearson at Southold and the Chairman is authorized to sign the map. Vote of the Board: Ayes: Messrs. Coyle, Raynor, Moisa, Wickham. The members of the Plan~ing Board have received an invitation~to attend a conference of the Agricultural Advisory Committee of Suffolk County to be held Ju~y 17, 1973 at the Legislative'Meeting Room, Suffolk County Center, Riverhead. The Secretary wii1 reply that three or four memb~s~of the Board will attend the conference. Southold Town Planning Board 13 June 13, 1973 On motion of Mr. Raynor, seconded by M~ Moisa, it was RESOLVED that the next regular meeting of the Planning Board will be. June 29, 1973, at 7:30 p.m., at the Town Office, Main Road, Southold, New York. Vote of the Boar~: Ayes: Messrs. Raynor, Moisa, Coyle, Wickham. On motion of Mr. Wickham, seconded by Mr. Raynor, it was RESOLVED that the minutes of the Planning Board meeting of May 30, 1973, be approved subject to minor correction. Vote of the Board: Ayes: Messrs. Wickham, Raynor, Coyle, Moisa. On motion of Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that the Planning Board recommend to the Southold Town Board that the minimum square footage for a dwelling unit in the "M" District be 850 square feet. Vote of the Board: Ayes: Messrs. Raynor, Wickham, Coyle, Moisa. The meeting was adjourned at 12:00 midnight. Respectfully submitted, Terri Lee Elak, Secretary So~hold Town Planning Board