HomeMy WebLinkAboutPB-04/16/1973Southold Town Planning Board
SOUTHDLD, L. I., N. Y. 11971
PLANNING BOARD
MEMBERS
John Wickharn, Chairman
Henry Molea
Alfred Grebe
Henry Raynor
Prank
MINUTES
SOUTHOLD TOWN PLANNING BOARD
April 16, 1973
A regular meeting of the Southold Town Planning
Board was held at 7:30 p.m., Monday, April 16, 1973,
at the Town Office, Main Road, Southold, New Yorkl
There were present: Messrs. John Wickham, Chairman;
Henry Moisa, Vice Chairman; Alfred Grebe; Henry Raynor;
Frank Coyle.
Also present: Howard Terry, Building Inspector
THE CHAIRMAN: I will call the hearing to order
on the ame ~ts to the Subdivision ~Regulations of the
.~- Before I read the legal notice it
might be appropriate to make a short statement about
this hearing. The State law regarding presentation of
plots for preliminary an~ final approval has been changed
and as of January 1, 1972, the new State law took effect,
but had to be clarified and implemented by Towns. The
Southold Town Planning Board
- 2
April 16, 1973
first four pages of these amendments are an effort to
comply to the State law and implements the new rules
and regulations. The Legal Notice reads as follows:
NOTICE IS HERE~Y GIVEN that a public'hearing will
be held by the Southold Town Planning Board at the
Southold Town Clerk's Office,~i~L~n Road, Southold,
New York, on the 16th day of April, 1973, at 7:30
o'clock P.M. of said day in the matter of the proposed
amendments of the Subdivision Requlations of the Town
of Southold. Said proposed amendments amend the definitions;
procedures in filing subdivision applications and
approval process; general requirements and design
standards; and documents to be submitted.
The proposed amendments are filed in the Southold
Town Clerk's Office and may be seen by any interested
person.
Dated: March 29, 1973
SOUTHOLD TOWN PLANNING BOARD
JOHN WI~KHAM, CHAIRMAN
The Chairman also read the affidavit of publication
from the SUffolk Weekly Times and Resolution of the
Planning Board setting the date of the Public Hearing.
THE CHAIRM~N: I have checked with our Attorney
today and he informs me that is no~ necessary to read
any or all of these proposed amendments in view of the
fact that they have been duly placed on file, but if
anyone wishes any part of them read., we will oblige.
I state again the first four pages ame an effort to comply
with the new rules set forth by the Le~i~slature of the
States. of New York, under which Planning Boards must hsld
hearings and g~ant approval. -As of J~uarY 1, 197'3, the
General Municipal Law in regard to actionS~of Planning
Boards in towns in the Sta~e of New YOrk was ~changed and
i% had to be implemented by towns. Perhaps the most
important change is that at the time of preliminary
approval it is required that the Planning Board hold a
hearing. The State law also provides that the Planning
Board may also hold a second hearing at the time of
final approval. These rules an~ regulations provide
fo~ a hearing at both times except that if the subdivision
is in substantial agreement of all the requirements they
may waive the final hearing.
Southold Town Planning Board
- 3 - April 16, 1973
JEAN TIEDKE, League of Women Voters: Under Section X
I would like to know about having building lots at or
below the grade of the streets.
THE CHAIRMAN: The highways should have drainage.
This is an effort to get around problem of having the
roads flooded, particularly when the roads are first
built.
JEAN TIEDKE: You have mentioned another system
other than curbs.
THE CHAIRMAN: That is on a trial basis. We are
going to try it on one subdivision and see how it works.
If the Superintendent of H~ghways and the Town Board
agree~we will try this new method.
MR. COYLE: It is more expensive than curbs.
THE CHAIRMAN: I would like to point ou~ that there
are a!co~ple of other cases where we have suggested
changes. Section XII - we. would like to have underground
utilities in the side walk area. Some companies want
to put them in the street. Now all utilities must be
underground.
JACK DRISCOLL: Is this major or minor subdivisions?
THE CHAIRMAN: We have nothing to say about what
they qonsi~er a subdivision. LILCO told us ~11 new
c0nst~tio~ would be underground. Section ~III is
gainl.aimed at the problem of handling storm water
nd w~il tr~p some of the water. Sec~ion~'XIV and xv
are s~mPly clarification, section XVI - We are now
designing for a six inch rain fall in 24 hours. We
have had to.update our design criteria, particularly o
in-a~aR like Supermarkets. Section XIX c'hanges to 5~
ins%~&d of 2~ · ~
as we prev~ously~had~the requirement for
area. It is for either 1001 families or
In either case we will require 5% of the
area for recreation. Section XX - this is to be
specific and say shade trees will be required. Seetion XXI
is simply a clarification of the 100 ~0~t turnaround.
Section XXII - we wan~ to know in advance ~he names and
addresses of all persons having any interest in a subdivision.
Section XXIII.- increases the number of prints to be
submitted. If there is nothing else of general interest,
I will ask if there ~s anyone Who wishes to speak in
opposition to the amendments. (There was no response.)
Southold Town Planning Board
- 4 - April 16, 1973
Does anyone wish to be heard in favor of the amendments.
JEAN TIEDKE: I think it is a giant step forward
to have preliminary hearings.
ORVILLE TERRY: I am in favor of the changes.
JOSEPH SALAND: I have a question about Section XI.
THE CHAIRMAN: The reason for rewriting this section
is to bring in the Town Board Highway Committee. They
insist on having a say on every..QRe of these things.
HOSEPH SALAND: We don't have all of these things,
such as sewers and water mains.
THE CHAIRMAN: We have to have enabling legislation.
Sometimes the County requires it.
JEAN TIEDKE: Are bonds required for trees?
THE CHAIRMAN: Any improvements will require bonding.
We require bonds currently on plot plan approval for
business buildings to cover the plantings and landscaping.
JEAN TIEDKE: Does it cover preservation of natural
features?
THE CHAIRMAN: Yes, in a subdivision the amount of
leveling is prescribed under the sand and gravel ordinance.
ORVILLE TERRY: Does this section cover existing trees.
I don't like to see them taken down.
JEaN TIEDKE: Coutdn't bonding cover tha~?
THE CHAIRMAN: I think they are not all~wed to
remo~e some .trees and in addition they are required in some
cases to seed raw land to keep it from eroding. Article IV,
Section 8, H of our present subdivi llationsreads:
"T e
h Planning Board shall, whenever ish
the preservation of all natural featureS value
to residential develoPments and to the community, such as
large trees or groves, water courses, beaches, historic
spots, vistas and similar irreplaceable assets. In
general, all trees on the site, except those situated
within proposed areas for building sites, driveways and
utility lines, and for a distance of ten (10) fee% therefrom,
shall be preserved." You may bond for improvements,
but you can't bond to make someone do what he says he will
do. The Town Attorney has told us this. Does anyone else
Southold Town Planning Board
April 16, 1973
wish to be heard on the amendments to the Subdivision
Regulations? (There was no response.) I will declare
the hearing closed and would like to thank those who
came tonight. Speaking for the Board we are very
gratified by the support we have from so many people
in the Town.
The Board discussed the site plan for Driftwood
Coves (Greenport Homes).
On motion of Mr. Coyle, seconded by Mr. Moisa,
it was
RESOLVED that the site plan for Driftwood Cove
at Greenport, be approved and the chairman is authorized
to sign the plans upon receipt of a letter designating
approval from the County Planning Commission and subject
to the amendments required by this Board.
Vote of the Board: Ayes: Messrs. Coyle, Moisa,
Wickham, Grebe, Raynor.
Mr. Joseph Saland appeared before the Board in
regard to a proposed subdivision for Elijah Associates
at Mattituck. The property is 60.438 acres and 54 lots
are proposed. The Board had an informal~dis~ssion
in regard to this subdivision with the Map Department
of the County and they suggested some changes. A copy
of the map marked with these prgposed changes was
presented. Ingress and egressa will be restricted to
Elijah's Lane. All lots facing Elijah's Lane must
be graded tO the west and contain rainfall from the
road. The road layout is to be changed also. The
Board~told Mr. Sal~nd to have the Health Department
locate the ~st holes as soon as possible and have them
sampled. The Board also suggested to Mr. Saland to
look at the recharge area in Jackson's Landing Subdivision.
Mr. Sal~nd asked the Board about developing the subdivision
in s~ctions. The Board informed him that when a subdivision
is developed in sections you have to meet the requirements
that are in existence at the time of the hearing for
the second or third section. If you file for all three
sections then you must post bond for all the improvements.
You ~ould only develop and file one section at a time.
You will be responsible for the highway specifications
in effect at the time you file for each section.
Southold Town Planning Board
- 6 - April 16, 1973
Mr. Sal~nd asked what was the proportion of the bond
to the cost of the road. Mr. Wickham told him about
150%. We require an increase in cost for three years
at 10% a year. The County report made by Holzmacher,
McLendon & Murrell states tha~ 1.4 acres are needed
to dilute nitrates and it is reasonable to believe
that sometime the Health Department will require 1.4
or 1.5 acres zoning. The Planning Board and the Town
of Southold will probably recommend it in some areas.
Mr. Saland said they intend to go along with everything
the Town'Board recommends. Mr. Saland said he would
get the test ho~es done and the topo maps made.
Mr. Michael Tsontos appeared before the Board With
a sketch of proposed multiple residences off Factory
Avenue, Mattituck. The total acreage is about 7 1/2
acres. 44 units are proposed. The plan showed a
proposed shopping area. The Board told Mr. Tsontos
that could not be used. The Board asked what type
of community he proposes and how many bedrooms are
proposed for the units. Mr. Tsontos said they would
like older people and did not know how many bedrooms.
The Board told Mr. Tsontos they would discuss the
proposal and let him know of their decision.
Lefferts p. Edson, Esq., Rudolph Bruer, Esq., and
Mr. Joseph Donovan came before the Board in regard to
Pebble Beach Realty Subdivision at East Marion. Mr~ Edson
a~ked if the Board had received a report from the County
Planning Commission yet. Mr. Wickham reported that Charles
Lind had telephoned and the report would be sent the end
of this week and they have recommended changes.
Mr. said that he had talked with the Town
Att. a~d he said the Planning Board may not approve
anything e~cept ~hat is contained in the Zoning Ordinance
· n force at that time. The Planning Board has no
authority to suggest or recommend. It can only approve
on the basis of the Ordinance in f~rce at t~e time of
the final hearing. In-this case we~operate directly under
the Town Board. This becomes important because the Town
Board.has made plans for a public hea~ing on May 8th on the
Zoning Ordinance amendments. Mr. Donovan asked if the
Board is treating their application as any other application
at the present time, and Mr. Wickham said yes. The
Southold Town Planning Board
- 7 - April 16, 1973
Planning Board cannon approve a subdivision without
approval of the Highway Superintendent and the Town
Board must accept the bond and give us written notice
of such acceptance. Mr. Donovan stated that before
the property was purchased several feasibility studies
were made from many angles and they have some
indication as to how things would turn out. Mr. Donovan
said they would wa~t to hear from the Board about the
County's recommendations.
Rudolph Bruer, Esq., asked the Board if they
had reached a decision in regard to the proposed minor
subdivision for Andrew Hahn at Peconic. The last
proposal was for three lots, two of approximately one
acre each and one of approximately three acres. The
Board told Mr. Bruer the lot with three acres would
have to have deed restrictions that it would not be
resubdivided. The Board said they would ma~e a
decision later in the evening.
Mr. Jack Driscoll and Mr. Stanley Waimey appeared
before the Board in regard to a proposed minor subdivision
for Four Sails Realty at Peconlc. The original map
showed three lots of approximately 2.5 acres each, but
bhey presented a revised sketch showing f~our lots two
Of ~pproximately 1 acres and two of approximately 2.5 acres.
Mr.~ Waimey and Mr. Driscoll both own a log adjoining
thins subdivision which were purchased from the same owner
ahd on the s~/ae date as the proposed subdivision. There
is an~existing right of way over the property which they
propose to change to the proposed right ~of way on the
subdivision map. The Board of Appeals granted an approval
of access to both Mr. Driscoll and Waimey for their
two lots so they can get building permibs. The Board
stated they felt this Was an!evasion ~f the major subdivision
regulations and have actually subdivided twice. The
Board may only grant two more lots. Mr. Driscoll said
they have enough property for eight lots, but don't want
a major subdivision. The Board of Appeals granted the
approvals of access with the condition that they not be
used for development of property by Four Sails Realty.
Mr. Aksin, an adjacent property owner said other property
owners have a right of way over the property. The Board
will hold this matter for further discussion.
Southold Town Planning Board
- 8 - April 16, 1973
Mr. Karl Lanzer appeared before the Board with
a sketch of a proposed subdivision off Mill Road,
Mattituck, consisting of 13.4 acres. Mr. Lanzer
said they had intended to sell part of the property
to an adjoining owner but he decided not to buy it.
The Board informed Mr. Lanzer that very soon the
frontage for lots will be increased to 150 feet and
his maps will have to comply. The Board also told
Mr. Lanzer the layout will have to be changed and a
road cut in. He must also meet the requirements for
park and playground. The Board told Mr. Lanzer to
take his map to the Health Department and have the
test holes located and samples taken.
The Board received a letter from the Superintendent
of Highways approving the layouts of the roads on Sketch
No. 2 of subdivision of the Estate of Frank H. Case at
Cutchbgue. He recommended private roads and adequate
drainage for new concept of roads, as recommended by
the Suffolk County Soil and Water Conservation District.
Mr. Wickham said he had a telephone call from the Soil
and Water Conservation District and Young & Young, engineers
are reluctant to proceed without an unqualified approval
of th~ Town Planning Board on this new concept of linear
drainage. This will also require the approval of the
Town Board Highway Committee. There was some dis~ssion
abouti the turnaround for lot $17 and the frontage on
lots $4 and 17.
On motion of Mr. Grebe, seconded by Mr. Moisa,
it was
RESOLVED that the Planning Board approves of the
proposed c~ncept of linear drainage and highway plan as
recommended by the Suffolk County Soil & Water Conservation
District for the Subdivision of thel Estate of Frank H. Case
at Cutchogue as an experiment with the following conditions:
The plan (sketch No. 3) must be approved by the
T~wn Board Highway Committee and the Superintendent
of Highways.
2. A 10.0 foot turnaround must be shown on Lot #17.
3. Either lot #10 or #21 must be held out and be
Southold T~n Planning Board - 9 - April 16, 1973
neither sold ~rbuilt on for a period of
two years. This lot will be held as a
possible drainage area if deemed necessary
by the Planning Board.
Vote of the Board: Ayes: Messrs. Grebe, Moisa,
Coyle, Wickham, Raynor.
Gary Olsen Esq., appeared before the Board in
regard to a proposed subdivision, Oregon View Estates,
at Cutchogue, showing 41 lots. The Board dis~sedd
with Mr. Olsen the changes in the road layout as
recommended by the County Planning Commission. The
intersections must be at right angles and a dead end
road cut in between lots 938 and 939. Mr. Olsen said
they did not have the test homes dug yet.
Gary Olsen also inquired as to what the Board
is requiring for the drainage in Laurelwood Estates
Subdivision. He said Mr. Weqlicki wants to eliminate
the circ~ intersection and ~ake it right angles.
The Board reviewed the map and said he-would have to
get approval from the Superintendent of Highways for
the change., but the Board would agree to it.
On motion of Mr. Moisa, seconded by.Mr. Raynor,
it was
brought oat to right angles and two catch basins are
installed in each one as recommended by Young & Young,
engineers, and the deVeloper present the~Board with a
de~aiied drawing for approval. This change must be
approved by the Superintendent of Highways.
Vote of the Board: Ayes: Messrs. Moisa, Raynor,
Coyle, Wickham, Grebe.
Southold Town Plan~ing Board
- 10 - April 16, 1973
On motion of Mr. Moisa, seconded by Mr. Coyle,
it was
RESOLVED that the Southold Town Planning Board
adopt the amendments to the Southold Town Subdivison
Regulations.
Vote of the Board: Ayes: Messrs. Moisa, Coyle,
Raynor, Grebe, Wickham.
On motion of Mr. Coyle, seconded by Mr. Raynor,
it was
RESOLVED that the Planning Board approve of the
layout for proposed minor subdivision for Andrew Hahn
at Peconic with three lots and requires that a legal
instrument in recordable form be submitted that lot $3
consisting of approximately three acres will not be
resubdivided.
Vote of the Board: Ayes: Messrs. Coyle, Raynor,
Wickham, Moisa, Grebe.
There was some discussion about not allowing minor
subdivisions with lots of more than 70,000 square feet.
The Board discussed the site plan for SOund Shore
Motel. The Planning Board feels that. the dirt Should be
removed from the pond in view of the bad impression it
gives and this is to be done before the site plan is
given final approval.
On motion of Mr. Raynor, seconded by Mr. Moisa,
it was
RESOLVED that before the Planning Board grants final
approval to the site plan for Sound S~ore Motel and before
Southold T~n Planning Board
11 - April 16, 1973
a Certificate of Occupancy is issued, all dirt must
be removed from the pond, the original water l~vel
must be restored and the landscaping completed.
Vote of the Board: Ayes: Messrs. Raynor, Moisa,
Wickham, Grebe, Coyle.
The Board discussed the proposed multiple residences
off Factory Avenue.
On motion of Mr. Raynor, seconded by Mr. Moisa,
it was
RESOLVED that the proposed site plan for multiple
residences off Factory Avenue, Mattituck, presented
for M.S.T. Construction Corp., be denied because the
Board does not feel it is an appropr~a~ lo~ation for
multiple residences in view of the fact that the property
is zoned for commercial use and backs up to the railroad.
A preuious application for multiple residences at this
location was denied by the Planning Board. The Board
also finds that the plan proposed is approximately 30~
highe~ than the maximum density allowed under the
Zoning Ordinance.
Vote of the Board: Ayes: Messrs. Raynor, Moisa,
Wickham, Grebe, Coyle.
On motion of Mr. Grebe, Seconded by Mr. Moisa, it
was
RESOLVED that the minutes of the.March 28th moeting
of the Planning Board be approved subject to minor
correction.
Vote of the Board: Ayes: Messrs. Grebe, Moisa, Raynor,
Coyle, Wickham.
Southold Town Planning Board
- 12 - April 16, 1973
The meeting was adjourned at 11:30 p.m.
Respectfully submitted,
Terri Lee Elak, Secretary
Southold T~n Planning Board