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HomeMy WebLinkAboutPB-08/16/1971Southold Town Planning Board Eir-IUTHrlLD, L, I,, N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle MINUTES SOUTHOLD TOWN PLANNING BOARD August 16, 1971 A regular meeting of the Southold Town Planning Board was held at 7:30 P.M., Monday, August 16, 1971, at the To~n Office, Main Street, Southold, New York. There were present: Messrs: John Wickham, Chairman; H~nry Moisa, Vice-Chairman; Henry RaYnor; Alfred Grebe. Absent: Mr. Frank Coyle. Donald Alfano, resident and owner of lot no. i1 of Corey Creek Estates, and Daniel Sims, resident and owner of lot no. 18 of Corey Creek Estates, appeared before the Planning Board in reference to the condition of the road in the subdivision "Corey Creek Estates", located at south side of Bayview Road, Southold, N.Y. Mr, ~fano questioned why the road is not completed and why the Town extended th~ bond without notifying the residents. The Chairman informed him that this is a Southold Town Planning Board -2- August 16, 1971 matter between the Planning Board and the developer of the sub- division, his attorney, and the bonding company. The bond was renewed to give them an adequate opportunity to complete the road and other improvements. Mr. Alfano stated that the road, Corey Creek Lane, is in very bad condition and almost impassable in bad weather. He stated that he purchased the lot and built his home with the understanding that the road would be completed by May ~of 1970, and if it was not, the Town would take the bond money and complete the road. The Chairman informed him that shortly before this date the developer requested an extension of the bond, and after making an inspection on the progress of the work, the Planning Board felt that they were acting in good faith and granted them an extension. Also, it was discovered that an error had been made in the dredging of the canal, so it was necessary to give them additional time to correct it. Another extension was granted in June 1971 until June: 1972 in o~der to complete the road. They were granted this second extension because of the time it took to correct the error of the dredging of the canal. Mr. Alfano questioned what sort of legal action he could take against the developer. The Chairman advised him to send his lawyer to the Town Attorney and find out exactly what rights he has as a lot owner and resident, and then send his lawyer to Eugene Francolini, the attorney for South Fork Development Corp. Mr. & Mrs. Ellenberger presented the Planning Board with a preliminary map for the proposed minor subdivision of the property of S. Santini, located at N/E corner of Westphalia Road and Howard A~enue, Mattituck, N.Y. The map showed six (6) lots containing from ll,500sq, ft. of area to 18,000 sq. ft. of area. The Board informed them that this map is un- acceptable because of the under size area of the lots. Mr. & Mrs. Ellenberger asked the BOard for suggestions for the division of this property. The Chairman advised them to go back to the surveyor and have him prepare another map which he thinks will meet the Planning Board requirements. Mr. Ellenberqer inquired if it could be divided into ~three (3) lots, one for each of his children. The Chairman advised him that this would possibly be acceptable to the Planning Board as a minor subdivision. Mr. & Mrs. Ellenberger to have maps revised and present them at the next meeting of the Planning Board. $outhold Town Planning Board August 16, 1971 Rudolph Bruer, Attorney presented the Planning Board with a preliminary map for the proposed minor subdivision of Jack Stukas, property located at the N/S of Soundview Avenue, Matti- tuck, N.Y. The map showed a minor subdivision of five (5) lots: lot no. 1 contained 32,261 sq. ft. of area; lot no. 2 contained 34, 877 sq. ft. of area; lot no. 3 contained 34,602 sq. ft. of area; lot no. 4 contained 36. 197 sq. ft. of area; lot no. 5 contained 35, 498 sq. ft. of area. All lots have from 100 ft. to 120 ft. of road frontage on the N/S of Soundview Avenue. Upon inspecting th~s map, the Board found that the property owners on the S/S of Soundview Avenue were not shown on this map. The Board advised Mr. Bruer that the property owners on the S/S of Soundview Avenue must be printed on the map. Mr. Bruer presented the Planning Board with two (2) copies of formal applications for this proposed minor subdivision. Mr. Bruer to have maps revised and present them at the next meeting of the Planning Board. Mr. Justin E. Clemens presented the Planning Board with a preliminary sketch ~or a proposed minor subdivision of his property located at the west side of Platt Road, Orient, N.Y. The sketch showed a minor subdivision of five (5) lots each containing approximately 1.6 acres of area ahd having 100+ ft. road frontage on the west side of Platt Road. The Board advised Mr. Clemens to have a survey of the property made showing all adjacent property owners and property owners across the street on the east side of Platt Road. Mr. Clemens to have preliminary maps made up and present them at the next meeting of the Planning Board. Dominic Au~ichio, Attorney gppeared he,fore the ~lanning Board in reference to the proposed minor subdivision of Tendler & Others, property located at E/S of Ninth Street and S/S of Brown Street, Greenport, N.Y. The Board was presented with three (3) copies of revised maps, two (2) copies of formal application, fee of $50., and letter of intent. The Chairman informed Mr. Aurichio that several members of the Planning Board have inspected this property and it was discovered that a road has been cut through. The Chairman informed him that a road cannot be cut through in a subdivision unless it is approved by the Planning Board, and no approval was applied Southold Town Planning Board -4- August 16, 1971 for. The Chairman also stated that the Planning Board found that two foundations have been placed on an unapproved sub- division map. Mr. Aurichio stated that his clients cut the road through and commenced the foundations without notifying him. Mr. Aurichio said that he had no knowledge of what was going on. Mr. Aurichio apologized for his clients actions and stated that he would make sure that no further roads were cut through and no further construction was commenced without the Planning Board's approval before hand. Mr. Aurichio re- quested final approval of this minor subdivision. A lengthly discussion was held by the Planning Board and Mr.~ Aurichio. It was agreed by the Planning Board that final approval be granted to this minor subdivision subject to receipt of notice of acceptance or approval, from the County Clerk's Office, of the abandonment of the filed map of Greenport Driving Pa~. On motion by Mr. Grebe, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board grant final approval to the proposed minor subdivision of Tendler & Others, property located at E/S of Ninth Street and S/S of Brown Street, Greenport, New York, subject to the following condition: (1) Presentation of notice of acceptance or approval, from the County Clerk's Office, of the abandonment of lot numbers 1, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, & 31 on the map of Greenport Driving Park, County Map No. 369. This motion shall include authorization for the Chairman to sign the final maps upon fulfillment of the above condition. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. In reference to the proposed subdivision "Petty's Bight", located at the north side of Main Road, Orient, owned and developed by George & Irving Newman, Mr. Aurichio requested that a public hearing for final approval be set up for the next meeting of the Planning Board. Approval of the road lay-out has been received from the Supt. of Highways, Mr. Dean. A highway work permit has been secured, by the dew veloper, from the New York State Dept. of Transportation, for connection to the Main (State) Road. The maps have been approved and signed by the Health Dept. The Planning Board informed Mr. Aurichio that upon receipt of bond estimate from Lawrence Tuthill, for the cost of construction of roads and Southold Town Planning Board -5- August 16, 1971 other improvements, a hearing for final approval will be set up for the next meeting of the Planning Board. Dan Smith presented the Planning Board with revised pre- liminary maps for the proposed subdivision of W. H. D. Realty Corp., to be known as "Northwoods", property located at north and south side of Soundview Avenue, Southold, N.Y. This revised map showed lot no.'s 1 - 11 on the south side of Soundview Avenue and lot no.'s 12 & 13 on the north side of Soundview Avenue. Lot no.'s 1 - 9 contained 40,000 sq. ft. of area, lot no.'s 10 & 11 contained only 35,000 sq. ft. of area. However, lot no. 12 contained 54,000 sq. ft. of area and lot no. 13 contained 68,000 sq. ft. of area, both of these lo~s are on the north side of Soundview Avenue. The Planning Board advised Mt. Smith that if the Health Dept. will approve of the size of lot no.'s 10 & 1t, the Planning Board will also approve them. No road construction will be necessary in this subdivision as all of the lots front on existing public highways. On motion by Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board grant preliminary approval to the lay-out of the lots in the proposed subdivision to be known as "Northwoods", owned and developed by W. H. D. Realty Corp.,located at north and south side of Sound- view Avenue, Southold, N.Y. This approval is granted subject to the approval of the size of lot no2sl0 & 11 by the Health Department. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. Mr. & Mrs. Ralph Asselta presented the Planning Board with a revised preliminary sketch for a proposed minor subdivision of their property located at north side of Main Road, Cutchogue, N.Y. The sketch showed a division of the property into four I4) lots, three lots fronting on the Main Road and one lot running across the back of the property with a 25 ft. right-of-way from the Main Road to lot no. 4, running the entire length of lot no. 4. The Southold Town Planning Board -6- August 16, 1971 Board informed them that it would not be necessary to run the right-of-way the entire length of lot no. 4. Mr. & Mrs. Asselta asked the Board for further possibilities for the division of this property. The Board offered several other suggestions for dividing this property. Mr. & Mrs. Asselta to present a further revised sketch at the next meeting of the Planning Board for their approval. Mr. Henry Romanowski appeared before the Planning Board in reference to the test wells in the subdivision "Laurel Country Estates", located at the north side of Peconic Bay Blvd., Laurel, This subdivision is immediately adjacent to the easterly boundary line of Mr. Romanowski's farm. Mr. Romanowski stated that he went to Kreiger and inquired how many test wells were placed in this subdivision. Kreiger told him that they cannot find a record of any test wells for this subdivision. Mr. Romanowski then went to the County, they told him that according to their records there was only one test well. Upon inspectin~ the map of "Laurel Country Estates", the Board found that there were three (3) test holes shown, but there were no test wells. The Planning Board informed Mr. Romanowski that they will send a letter of request to Alden Young inquiring the number of test wells and their locations in th~s subdivision. Lawrence Tuthill, Construction Engineer presented the Planning Board~ with recommendation suggesting the re-location of "Bight Road~" in the proposed subdivision to be known as "Petty's Bight~, located off north side of Main Road, Orient, N.Y. He suggested that the entrance on the state road be eliminated and the road enter the subdivision from the Old Road. This would reduce the two 90 degree turns to one. Mr. Tuthill stated that the present alignment of Bight Road is very poor and will cause many traffic problems. A copy of this recommendation to be sent to the Supt. of Highways for him comments on the matter. Lawrence Tuthill, Construction Engineer, presented the Southold Town Planning Board -7- August 16, 1971 Planning Board with estimate for performance bond in the amount of $75,000. for the completion of the roads and other improve- ments in the subdivision to be known as "Petty's Bight", located off north side of Main Road, Orient, N.Y. On motion by Mr. Wickham, seconded by Mr. Grebe, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board, a performance bond in the amount of $75,000., as prepared by Lawrence Tuthill, Construction Engineer, for the completion of roads and other im~ements in the sub- division to be known as "Petty's Bight", located off north side of Main Road, Orient, N.Y., owned and developed by George & Irving Newman. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. On motion by Mr. Moisa, seconded by Mr. Wickham, it was RESOLVED that the Southold Town Planning Board set the next regular meeting of the Board, to be held at 7:30 P.M., Tueaday , September 7, 1971, at the Town Office, Main Street, Southold, New York, as the time and place of hearing upon application for approval of the following plat: Plat of propdrty owned by George & Irving Newman, entitled "Petty's Bight", consisting of a parcel of Land of 19.72 acres, situated at Orient, in the Town of Southold, Suffolk County, New York, and bounded and described as follows: See page 13 for legal description. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. The Chairman dictated a letter to be sent to Alden Young requesting information on the number and location of test wells in the subdivision "Laurel Country Estates", located at north Southold Town Planning Board -8- August 16, 1971 side of Peconic Bay Blvd., Laurel, N.Y. Copy of this letter to be sent to H.W. Davids, Director of the Division of Environmental Sanitation. The Planning Board was presented with three (3) copies of final maps for the~proposed minor subdivision of property of Ann Rudin, located at S/E corner of Carrington Road and Vanston Road, Cutchogue, N.Y. The maps showed four (4) lots. Lot no. 1 contained 25,000 sq. ft. of area; lot no. 2 contained 20,000 sq. ft. of area; lot no. 3 contained 20,000 sq. ft. of area, all fronting on Carrington Road. The remainder of the property, on Vanston Ro~d, was labeled as lot no. 4 and contained ll8,000sq. ft. of area. Formal applications and fee of $40. have been received. On motion by Mr. Wickham, seconded by Mr. Grebe, it was RESOLVED that the Southold Town Planning Board grant final approval to the proposed minor subdivision of Ann Rudin, property located at S/E corner of Carrington Road and Vanston Road, Nassau Point, Cutchogue, New York, as shown on map by Van Tuyl & Son, dated August 6, 1971. The Chairman signed the final maps. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. The Planning Board was presented with letter and sketch received from Alan Guimaraes for the proposed minor subdivision of the property of Margaret Guimaraes, located off north side of Main Road, East Marion, New York. After inspecting the sketch for the division of this property, the Planning Board set the following requirements for the approval of this minor subdivision: -(I) The final maps must be drawn up by a licensed land surveyor and submitted in triplicate. (2) Subject maps must show dimensions and areas of all lots (1, 2, 3, & 4) and mames of all adjacent property owners. (3) The lot lines on lot no.'s 1, 2, & 3 must run northerly to the highwater mark of E.I. Sound. (4) A state- ment must be submitted by Mrs. Guimaraessstating that she agrees not to further subdivide this property without filing a major subdivision map. (4) Two copies of formal application and $40. Southold Town Planning Board -9- August 16, 1971 fee. Letter to be sent to M_rs. Guimaraes advising her that upon fulfillment of all of the foregoing requirements, final approval will be granted to this minor subdivision. The Planning Board reviewed again the original petition of Frank & Martin Sidor, Wickham Avenue and Peconic Bay Blvd., ~a~tituck, New York, received from the Town Board, relative to change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property ~ituated at Mattituck, New York, tQgether with the instructions to prepare an official report defining the conditions contained therein. This property is situated at Mattituck, in the To~n of SoUthold, County of Suffolk, New York, and more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Legion Avenue where Legion Avenue intersects property of New Bethany Cemetery; running thence North 34033' 00" West - 353.30 feet to a point at which is located a railroad monument; running thence North 32° 32' West - 44.23 feet to a monument and the property of L.I. Railroad; running thence along property of the L.I. Railroad, North 46° 43' 50" East - 433.82' to a monument and the property now or formerly of J. Fleming; running thence along property now or formerly of J. Fleming and property now or formerly of G. P. Bergmann, South 17° 58' 00" East - 159.07 feet to a monument and the property of Irving Wells; running thence along the property of Irving Wells, two courses~ (1) South 62° 33' 00" West - 187.46 feet to a monument, thence (2) South 35° 22' East - 45.80 feet to a monument and land now or formerly of William Newalis; running thence South 62° 20' 40" West - 60.18 feet to a monument and property of the applicant; running thence along property now or formerly of Newalis, South 35° 21' 20" East - 145.66 feet tp a point; thence South 35° 16' 50" East- 10.0 feet to a monument and land now or formerly of Stephen Hamilton; thence along land now or formerly of Stephen Hamilton; two courses: (1) So~th 59° 31' 30" West - 70 feet to a monument~ thence South 35° 14' 40" East - 150.03 feet to a monument at the northerly side of Legion Avenue; running thence along the northerly side of Legion Avenue, South 59° 28' 00" West - 74.17 feet to a monument which is the point or place of beginning. Containing approximately two (2) acres of land. Southold Town Planning Board -10- August 16, 1971 Acknowledgement was received from the Bethany Cemetery Association, the adjacent property on the westerly boundary. They requested that a 20 ft. buffer zone be placed on the west end of the property i~ this change of zone is to be granted. The Planning Board discussed this proposed change of zone at some length. On motion by Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that the Southold Town Planning Board recommend unfavorably to the Southold Town Board the change of zone from "A" Residential and Agricultural District to "B" Business District on the above described property. It is the opinion of the Planning Board that this property is located too close to the cemetery, it is not well shaped for a business property, and it does not conform with the Town Master Plan. It is the feeling of the Planning Board that the present non-conforming use should be continued as is. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. The Planning Board was presented with a sketch for the proposed minor subdivision of the property of Andrew Wenchel located at S/S Soundview Avenue, Mattituck, N.Y. The sketch showed a parcel of land containing approximately 40,000 Sq. ft. of area - 400 ft. of road frontage on Soundview Avenue and 1Q~ ft. deep. Mr. We~chet wishes to apply for a minor subdivision ~ two (2) lots. The Planning Board will make a physical inspection of the property and will need a survey of the property sh~wing the exact dimensions. The Chairman read the determinations of the Suffolk County Planning Commission on the following proposed change of zone applications: (i) (2) Casbor, Inc., "A" to"B-2", N/W corner of Westphalia Road and County Road 27, Mattituck, N.Y. disapproved Martin Filla, "2~" to "B-2", S/S Main Road, Cutchogue, N.Y. - disapproved. Southold Town Planning Board -11- August 16, 1971 (3) (4) Edward Rolquin, "A" to "C", S/W corner of Middle Road County Road 27, and Cox Lane, Cutchogue, N.Y.- disapproved Philip Abatelli,"A" to "B", S/S Main Road, Cutchogue, N.Y. - approved The Chairman read the determination of the Suffolk County Planning Commission on the proposed "Amendments to the Zoning Ordinance and Zoning Map." They deemed it to be a matter for local determination and offered the following comments: The town, however, should give possible consideration to the discontinuance of the limited number of previously existing vacant nonresidential districts inconsistent with the Town Master Plan. Furthermore, legalizing the presently existing nonconforming nonresidential uses may establish an unwarranted precedent for further downzonings of adjacent parcels. Notice of proposal to amend Building Zone Ordinance ~ 26 of the Town of Southampton was received from Southampton Town Clerk, Claude Jones. A public hearing will be held at the Southampton Town Hall, Southampton, N.Y. on September 7, 1971 at 8:00 P.M. Notice was received from Malcolm Pirnie, Inc., White Plains, New York, announcing that Albert H. Stevenson, formerly Assistant Surgeon General and Chief Engineer., U. S. Health Service, has 3oined the firm as of July 1, 1971. Discussion was held by the Planning Board on the need for Town water districts. On motion by Mr. Grebe, seconded by Mr. Raynor, it was Southold Town Planning Board -12- August 16, 1971 RESOLVED that the Southold Town Planning Board send the following letter to the Southold To~ Board: Southold Town Board 16 South Street Greenport, New York G~tlemen: It has come to the attention of this Board that in several sections of the Town there seems to be considerable fragmented interests in establishing water districts. It would seem advisable at this time that the Town as a whole study this problem rather than leaving it to isolated areas to work out as suits their whims. .We feel that a unified approach to this problem has a great deal to commend it. With~this thought in mind, the Planning Board would be willing to undertake an immediate preliminary study of the problem, the needs~ and benefits of such a system. We would appreciate hearing from you on this matter. Very sincerely, John Wickham, Chairman Southold Town Planning Board Each member of the Town Board to receive a carbon copy of this letter. Vote of the Board: Ayes Grebe. Messrs: Wickham, Moisa, Raynor, On motion by Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that the minutes of the Southold Town Planning Board, dated March 4, 1971, be approved as submitted. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. Southold Town Planning Board -13- August 16, 1971 On motion by Mr. Wickham, seconded by Mr. Moisa, it was RESOLVED that the minutes of the Southold Town Planning Board, dated April 20, 1971, be approved as submitted. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. On motion by Mr. Grebe, seconded by Mr. Wickham, it was RESOLVED that the minutes of the Southold Town Planning Board, dated July 19, 1971, be approved as submitted. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. On motion by Mr. Wickham, seconded by Mr. Raynor, it was RESOLVED that the next regular meeting of the Southold Town Planning Board be held at 7:30 P.M., Tuesday, September 7, 1971, at the Town Office, Main Street, Southold, New York. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Grebe. LEGAL DESCRIPTION OF "PETTY'S BIGHT" Beginning at a point on the northeasterly line of the Old Road 146.78 feet northwesterly along said northeasterly line from the Main Road, said point of beginning being the westerly corner of land of Przepiora; from said point of beginning running along said northeasterly line of the Old Road, N. 40° 24' 30" W. - 250.0 feet; thence along ~and of Sledjeski, four courses: (1) N. 49° 35' 30" E. - 185.38 feet; thence (2) N. 7° 49' 20" W. - 925.25 feet; thence (3) N. 45° 20' 00" W. - 238.777feet; thence (4) N. 24° 40' 00" E. - 410.0 feet to ordinary high water Southold Town Planning Board -14- August 16, 1971 mark of Long Island Sound; thence along said high water mark as measured by the following tie lines: (1) S. 38° 54' 30" E. - 419.78 feet; thence (2) S. 48© 41' 50" E. - 419.09 feet; thence along land of B±nzley, three courses: (1) S. 7© 49' 20" E. - 954.63 feet; thence (2) S. 0© 23' 50" E. - 250.14 feet; thence (3) S. 6© 10' 00" W. - 192.35 feet to the northerly line of the Main Road; thence along said northerly line, N. 76? 06' 30" W.- 55.50 feet; thence along land of O'Kula, three courses: (1) N. 6© 10' 00" E. - 181.74 feet; thence (2) N. 0© 23' 50" W. - 125.95 feet; thence (3) S. 89° 36' 10" W. - 238.87 feet; thenceaalpng said land of Przepiora, two courses: (1) N. 14© 14' 00" W. - 78.53 feet; thence (2) S, 55© 35' 00" W. 303.69 feet to the point of beginning. Containing 19.72 acres. The meeting was adjourned at 10:45 P.M. Respectfully submitted, y vi[le, secretary Southold Town Planning Board