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HomeMy WebLinkAboutPB-02/21/1973Southold Town Planning Board -c:;nUTHE]LD, L. I., N, Y. 11971 PLANNING BOARD MEMBERS John Wlokham, Chairman Henry Molsa Alfred Grebe Henry Raynor Prank Coyle MINUTES SOUTHOLD TOWN PLANNING BOARD February 21, 1973 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Wednesday, February 21, 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. Also present: Howard Terry, Building Inspector; Mrs. Bachrach, League of Women Voters. THE CHAIRMAN: I will call the meeting to order on the hearing for the property knows as "Ismar Acres Subdivision", consisting of 202359 acres at Cutchogue, New York. The Chairman rea'd the legal notice of hearing as follows~- Southold Town Planning Board - 2 - February 21, 1973 NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board at the Town Office, Main Road, Southold, New York, in said To~rn on the 21st day of February, 1973, at 7:30 o'clock in the evening of said day, on the question of the ~pproval of the following plat: 1. Plat of property owned by Isidore and Hedwig Krupski entitled "Ismar Acres", consisting of a parcel of land of 20.359 acres, situated at Cutchogue, in the Town of Southold, Suffolk County, New York, and bounded and described as follows: Parcel I BEGINNING at a monument on the northeasterly line of Bridge Lane, 1525.73 feet northwesterly along said northeasterly line from the Main Road, said point of beginning being the westerly corner of land of Oman; from said point of beginning running along said north- easterly line of Bridge Lane, two courses: (1) N. 55° 09' 20" W. - 912.39 feet; thence (2) N. 55° 18' 40" W. 289.69 feet to a mon~zment and land of Carroll; thence along said land of Carroll, .N. 37° 45' 00" E. - 320.0 feet to a monument and land of Davids; thence along said land of Davids, S. 55° 17' 10" E. - 1196.95 feet to a monument and said land of Oman; thence along said land of Oman, S. 36° 49' 10" W. - 322.05 feet to the point of beginning. Parcel II BEGINNING at a monument at the intersection of the southeasterly line of land of Long Island Railroad with the northeasterly line of Bridge Lane; from said point of beginning running along said land of Long Island Railroad, N. 46° 58' 00" E. - 344.22 feet to a monnment and land of Carroll; thence along said land of Carroll, two courses: (1) S. 54° 14' 00" E. 602.60 feet to a monument; thence (2) S. 34° 41' 20" W. - 325.0 feet to a monument on said northeasterly line of Bridge Lane; thence along said northeasterly line, N. 55° 18' 40" W. 675.69 feet to the point of beginning. Southold Town Planning Board - 3 - February 21, 1973 Parcel III BEGINNING at a monument at the intersection of the northwesterly line of Long Island Railroad with the northeasterly line of Bridge Lane; from said point of beginning running along said northeasterly line of Bridge Lane, two courses: (1) N. 55° 12' 10" W. - 733.57 feet; thence (2) N. 56° 43~ 00" W~ - 116.96 feet to a monument and land of Depres; thence along said land of Depres, N. 48° 11' 30" E. - 362.47 feet to a monument and land of Richter; thence along said land of Richter, S. 54° 20' 40" E. - 491.94 feet to a monument; thence along land of Zanowski, S. 54° 31' 00" E. - 347.55 feet to said land of Long Island Railroad; thence along said land, S. 46° 51' 00" W. 345.76 feet to the point of beginning. Containing 20.359 acres total. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: February 9, 1973 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN THE CHAIRMAN: Let it be noted for the record there is a discrepancy between the Legal Notice and the map. The map states the property is situate at Peconic i~stead of CUtc~ogue. Also there are affidavits oD publication in The Suffolk Times and The Long Island Traveler-Ma~tituck Watchman~. There are no highways so it does not require a letter from the Superintendent of Highways. The map has been approved by the Suffolk County Departments of Health and Environmental Control. MR~ RAYNOR: The surveyor did not stamp~the map that lot lines will not be altered. MR. KRUPSKI: The property is in Cutchogue and the lot line alteration stamp should be on the map. I will have this done. THE CHAIRMAN: Is there anyone who wishes to be heard in opposition to this subdivision. (There was no response.) Southold Town Planning Board - 4 - February 21, 1973 THE CHAIRM_A_N: We have not evolved a method of evaluating the payment in lieu of providing park and playground. We were discusszng it ~he last time you were here. It will be in effect. We are not going to waive it. We are authorized now to accept funds in lieu of oar requirements. It has not been done until now. MR. RAYNOR: I think the Town §hould obtain a private appraiser to give a figure. THE CHAIRMAN: I don't think we are going to evolve a program in the next five minutes. We have two alternatives. We can waive it or we can require it. My own feeling is, although we have waived them for smaller subdivisions, what we are talking about is one half a lot and in our discussions up until now we have said we really did not know what we are going to do. MR. RAYNOR: I think we should resolve some method of giving him an answer. THE CHAIRMAN: The map must be stamped and you have to decide what to do about Peconic being on the m~p. MR. COYLE: We could approve it with the application of the correct fee. MR. RAYNOR: We will talk about it later tonight. THE CHAIRMAN: If there is nothing else, I will declare the hearing closed. Mr Joseph Saland appeared before the board and pr~ proposed subdivision map for E!i~h'S ks: The total area is 60 acres and ~7 lots · Mr. Saland said they propose to ~develop the property in ~hree Stages' Mr.'W~Ckham told Mr. Sal~nd that the State law for clustering says you can take the acreage and take 20% of it ~or roa~s, drainage~and recreation and the remaining 80%, divided by 40,000 square feet would be the yeild of lots for the property. We are adopting this policy as a general house rule. 80% of this property would be 48 lots. Also the Planning Board has recommended to the Town Southold Town Planning Board - 5 - February 21, 1973 Board that in the "A" Resident District there be nothing less than 150~feet frontage. This will not be within the next two or three weeks, but if this takes three or four months and in the meantime the Town Board has aCtually set 150£feet frontage you will have to redo the engineering~ We can't tell you you have to do this. It may be six months. Mr. Wickham said there was a deep "kettle hole" in the middle of this property and the owner should not se&l any lots there because there will be three feet of wa~er. Mr. Raynor said there will have to be a road cut somewhere on Elijah's Lane. Every 1200 feet, approximatel~ there has to be a tie in on Elijah's Lane. Mr. Saland said they had-not done a topo yet. Mr. Sal~nd asked if the property was ~developed in three stages would thsy have to put in all the roads. Mr. Wickham said they only have to put in roads for the section that is completed. Mr. Moisa told Mr. Saland said if he only files one section and d'oes~t file the second sec%ion f~r a few yea~s there may be some changes. Mr. Wickham said the ~lanning Board has ~ecommended raising the requ!irement for park and playground from 2 1/2% to 5% of the area, and some of that can be d~ainage. MK. ~aynor said when they submit a preliminary map they must also submit a statement of disclosure of all officers, directors and stockholders of. Eli~ah's Associates. Mr. Saland asked about recharge basins and Mr. Wickham told him to figure it on a 6 inch rain fall in 24 hours. Mr. Wickham also said the Town Board Highway Committee requires that there must be turnarounds at road ~nds. They are just held in reserve, they don't have to be pave~. Mr. Wickham said the County Health Department has come up with a figure for nitrate dilution, in particular ~n th~ eastern {owns, of 1.2 or 1.5 acres, bult we have not yet recommended it. Mr. Raynor told M~. Saland if they endorse it before he Comes in with a preliminary map and the Planning Bo~d approves w .i1 have'to comply. Mr. Wi~kham ~aid ~ed no ~trol over this. This is in the hands of the Town Board so in one, two or ten years from now the.developermmight submit it to the Town and we have no idea what they will say. This is entirely within their jurisdiction. When you submit your preliminary you will ha~e to show what you have ~n mind for all sections. Mr. Coyle told Mr. Saland the roads must be cut i~=and shown on the map. Southold Town Planning Board - 6 - February 21, 1973 Joseph and Edwina Hatier presented a revised map of their property off Platt Road, Orient with four lots of approximately two acres each. The Board checked the property on the tax maps. Mr. Wickham said he did not think a road would have to be put through the property. Mr. Raynor said the Planning Board likes the lots in a proportion of three to one - in regard to lot d~ths and frontage. Mr. Wickham said the Planning Board ~ill also have to have an agreement and it will have to be a deed restriction that the lots will not be further subdivided. Mr. Russell Case and Mr. Philip Babcoc~ presented a m~p for the subdivision of property at Cutchogue, for the ~state of Frank H. Case. The total upl&nd area is 44.51 acres and total diked meadowla~d area is 4 acres wit~ 35 lots proposed. Mr. Wickham said the Planning Boar~ has recommended to the Town Boiard that (1) we base~ lot y~lds on 80% of the acreagle :and b~sed on that you~o~ld figure 42 lots and (2) not~i~ le~s than 150 and you are over on tha~. Tke 150 foot frontage must be on the highway, not waterfront. ~r~ Wi6kham also told Mr. Case ~he pr°pe~tylmarked Possible FUture DeVelopment will also have%olb~ inc~a~a~' It could be a Section 2 or 3. If you have a p~ ~f property in the sam~ ~eed title, you can't leave it e~clusive o~ tke ar~a. We are not allowing a person to subdiVide p~rt of t~eir prDperty and keep another parc~el out. ~ CaseSaid ne did not want %0 Commit that Piece of and Mr. Babcock said he was also the developer, providing the Planning Board approves. Mr. Wickham said the Planning Board will insist on a recordable instrument that the open area will remain open. Mr. Case said they would do that. Mr. Wickham also said the Board will require a disclosure statement who the officers, directors and stockholders of the corporation are. Mr. Case said he would leave a copy of the map for the Board to study. Southold Town Planning Board - 7 - February 21, 1973 The Planning Board received a letter from Charles G. Lind of the Suffolk County Department of Planning in regard to Land's End Subdivision at Orient. The proposed map was approved subject to meeting the following conditions: Ingress and egress to Lots 13 and 14 shall be restricted to the interior street, Land's End Road, and this restriction shall be noted on the map. Due to the possibility that er6sion along the Sound may affect residential buildings on Lots No. 1 to 6 inclusive, the required rear year of 50 feet is felt to be inadequate and shall be increased to a minimum of 100 feet. On motion of Mr. Raynor, seconded by Mr. Coyle, itwas RESOLVED that the Southold Town Planning Board adopt the conditions set forth in February 6, 1973 letter of Suffolk County Plannin~ Department for Land's End Subdivision. Vote of the Board: Ayes: Messrs. Raynor, Coyle, Moisa, Wickham, Grebe. Mr. Raynor read copy of letter from Robert Villa, P.E., Suffolk C~unty Department of ~ealth in reply to letter from Robert DeMaria of January 31st in regard to Land's End and letter from Mr. DeMaria to Mr. Wickham, dated January 17th-in regard to an organizational meeting of The Emergency Committee For Zoning Re~or~. Mr~ Wickham said the Planning Board must have the revisions made on map as required by the County Planning Department, a stamp that no lot lines will be altered and a disclosure statement as to officers, directors and stockholders of Land's End Realty. Mr. John Rose, Mr. Rose,s son, Mrs. Dean and Mr. Lockman appeared before the Board in reference to Laurelwood Estates Subdivision. Thisbe people have homes Under construction or intend to build in the near fUture. They said the developer, Martin Weglicki, has not fixed the road and that it is subject to flooding which has caused additional damage. The underg~Qn~d utilities Southold Town Planning Board February 21, 1973 were not installed until January. Mr. Wickham said the Board will not recommend release of the bond, but is not sure the Town would want to raise the grade, clean the catch basins and leaching basins and build the road. They would prefer to have the developer do it. The problem is to make sure he does it. Mr. Wickham said one thing the Board can do is extend the bond for six months or a year. Mr. Rose said Mr. Weglicki has not lived up to his promises. The lights and roads were to be finished last fall. Mr. Wickham said the Planning Board will bring all the pressure it can as his bond is coming up shortly. The Town does not want to call him on default of the bond because everybody loses. Mr. Rose said he did not think mere paving of the road Would take care of the water problem. Mr. Wib~ham said the Board would send a letter to ~r. Weglicki to come to the next meeting of the Board on March 6th to discuss the problems. Also a letter will be sent to the Bonding Company that the roads are in very serious disrepair and that construction has been helddunne~essarily. Mr. Rose~'s son asked about raising the road and putting in a sump. Mr. ~ickham said it is relatively easy and inexpensive to have the catch basins and leaching basins completely cleaned out. Mr. Rose said he has heard that Mr. Weglicki has a suit against Riverhead Cement Block. Mr. Wickham said he would like.to follow up on that and find out if he f~els Riverhead Cement cut the road too low. Mr. Rose said that it was just hearsay and he did not know if th~s was so or not. Mr. Wickham said in some cases we will have an independaRt engineer ~o in and check the whole thlnq=~o see how close to grade it ~s. This may be the first ~hing to do before the bond runs out. Mr. Wickham also said the most critical point in any subdivision for drainage is the period when the houses are being built and the lawns are being graded. Once lawns are established there is not too much problem. In some subdivisions we have them put in a trench to retain the water. On motion of Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Planning BOard authorize Alden Young, P.E., to check the roads in Laurelwsod Estates, and submit a report before March 17, 1973. Vote of the Board: Ayes: Messrs. Coyle, Raynor, Moisa, Wickham, Grebe. Southold Town Planning Board - 9 - February 21, 1973 The Secretary read a letter from Joseph ~. Snellenburg, II, Esq., dated February 9th, in regard to proposed minor subdivision of Pearson property, east side of South Harbor Road, Southold. Mr. Wickham said he looked at the property. It is woods bounded on the north by meadow and a gutter. Mr. Wickham told Mr. Snellenburq the Planning Board will insist on having the property tied up with a recordable instrument sayin~ it will not be resubdivided. This is an interior lot with very poor access. They will have to improve the access on the property. A letter will be sent to Mr. Snellenburg to make the following changes on the map: (1) improve 25 feet of the right of way, 12 1/2 feet on each side of property, with bank run; (2) the right of way on the northwest corner will have to be improved 25 feet; (3) the Board will require covenants and deed restrictions that the lots will not be re-subdivided. On motion of Mr. Wickham, seo~ded by Mr. Moisa, it was RESOLVED that hhe next regular meeting of the Planning Board will be held March 21, 1973, at 7:30 P.M. at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs, Wickham, Moisa, Raynor, Coyle, Grebe. The Southold Town Planning Board received from ~he Southold Town Board~ the petition of William B. Conway on.behalf of William B. Conway and Wilfred Jerome Conway relative to a change of zone from "A" Residential and Agricultural District to "B-l" General Business District &n certain premises situated at S/S Middle Road (County Road 27), bounded east by Horton's Lane, Southold, New York, together with the instructions to prepare an official report defining the conditions contained therein. This property is situated at Southold, Town of Southotd, County of Suffolk and State of New York, bounded and described as follows: Southold Town Planning Board 10 - February 21, 1973 North by Middle Road (CR 27) about 900 feet; East by Hort6n's Lane, 300 feet; South by other land of Conway, about 900 feet; and West by land of Donohue, 300 feet. The Plan~ing Board discussed this propesed change of zone application. 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 "B-l, General Business District on the above described property." It is the opinion of the Planning Board that this proposed change of zone be denied because (1) it is not in the Town Master Plan; and (2) it is not approved by the County. Vote of the Board: Ayes: Messrs. Moisa, Coyle, Wickham, Grebe, Raynor. The Southold Town Planning Board also received the original petition of Edward Gilles relative to a change of zone from "A" Residential and Agricultrual District to "C" Light Industrial District on certai~ property situated at Mattituck, New York° The Board reviewed the map of the property and will held the matter up for discussion until the ne~t regular meeting March 6th~ On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED to set March 21, 1973, at the date to hold a public hearing in regard to proposed amendments to the Subdivision Regulations. Proper legal notices will be published in the newspapers one week prior to that date. Vote of the Board: Ayes: Messrs. Moisa, Raynor, Wickham~ Grebe, Coyle. Southold Town Planning Board - 11 - February 21, 1973 The Planning Board received a letter from Mr. Otto Uhl, Jr., dated December 30, 1972 in regard to proposed development of property at St. Thomas, Orient. A letter will be sent to Mr. Uhl that the Planning Board cannot be expected to approve it because it would requ~reaa change of zone and the Southold Town Master Plan does not comtemplate a change of zone to Multiple Residence in this area. The meeting was adjourned at 11:30 p.m. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board Wickham, Chairma~