HomeMy WebLinkAboutPB-02/17/1960Southold Town Planning Board
-~OUTHOLD, L. I., N. Y.
PLANNING BOARD
MEMBERS
.John '~(/ickham~ Chairman
Henry Moisa
Alfred Grebe
Archibald Young
William Unkelbach
~NUTES
~outhold To~ Planning Board
FebroRry 17, 1960
A regular meeting of the-8out~old To~a Planning Board
warn held 7:30 P.M., Wednesday~ February 17~ 1960 at the To~.
Clerk Office ~ M~in .Road ~ 8outhold ~ N~ew York.
~nere were present: ~Messrs. John ~ickham, Chairman~
Henry Moisa~ Alfred Grebe~ Archibald ~o~ng~ and William
Unkelbach.
present. Messrs. Howard M. Terry~ Build~ug Inspector~
Otto W. Van TuYl~ Consult~ut~ and Harold Price~ Highway
S~aperintendent.
Also the following interested individuals were present
at this meeting: 'W'illiam Beebe~ Joseph Deerkoski~ Corwin
Grathwoh!~ Fred ~eli~ James Grath'~ohl~'Walter Luce~ Harry
~son~ George McCarthy~ Chester Orlows~ George Pernay Iii~
8ta~ey-SledJeski~ Anthony- ~tagnitta~ Joseph 8tagnitta~ Huil
Tuth~ Wilson Tuthill~ Willism Wickham~ and~ George Williamson.
· MR. JOBi~WIC~ Chairman~ ~outhold~oWnp!arna~g Board:
Before anyone else speaks I would like to make thefollo~tlng
statement for the record. Yesterday Mr~ Van Tuyl and I met
with the ~uffolkCounty Board of Health~ Dr. Overton~ }zm.
~outhold Town Planning Board ~2~ February 17~ 1960
Villa ~ud Ma. Davids and we spent from 10:30 A.M, to 12:30
P.Mo discussing the problems w~ich arise ~en the minimum
requirements for subdivisions in the~County of Suffolk are
20~000 sq. ft. and the minimum requirements for zoning in
$outhold Town are 12,~00 sq. ft, W~ tried to outline t~
them that -~e had a particular problem here where the require-
ments seem more stringent than on any other to~ in the
Couutyo 0~ minim~ of 12~00 sq. ft. is higher than mar~y
of the towns we know of further west and o~ population is
relatively stable with an increase of only l~ per year for
the past ten years indirect contract to wester 8~folk~ In
the main our problem was further simplified by the fact ~
have a general single line of dwelling around the salt ~ater
inlets and bay fronts and tb~ movement of soil and ground water
from underground reserve to salt water was through a single
layer of water supply and sewage disposal and this again was
in direct contrast to the ~eestern end of the County. They
said when they approved a subdivision it was good for ~0 years
and they had to!ook to the future~ that they were of no mind
to change or reduce the minimum size, in fact they would be
inclined to increase it and expect in two years it would be
increased. ~fnen ~ completed the two hours there both ~.
Van Tuyl and I felt that we had not accomplished a thing but
to clear in our own minds that we won't be able to move them.
lv~. VAN TUYL~ Consultant: I asked all three if we couid
state that they were decided unam~mously in the positiOn that
they would not reduce the requirements of 20~000 sq. ft. per
lot and I recall that all said yes, and they-would be in back
of it and. we would not be responsible for it~ it was a Board
of Health matter.
~.. WICF~LM: I~e explained to them the pro"a!am w~ich
arises ~hen ald~velopmen% ils backed up to a si~ie lot or a
groUp~0f.le~s than five lots which can be sold ~m~ building
~ermi~s~issmed wit~ ~ min~_._u~of 12~00 sq. ft. an~ they
~reedthat it was! ~iffic~lo position and. s~gg~s'~ed that we
o~ht~to do One of~'t~o things: We ought to go ~o aminim~.~m
of 20~000 sq..~fC, in,the To~n of $outhold or have municipal
Water and se~e disposal, one or the other. We told the~ .
what 'we thOUght of mtmicipal water for most of our communitzes.
I~ wo~d be a relatively simple matter ~.n Mm~ttitmck~ but to
develop the water front with any~type of water suPPiy~iS out
of the question, They said if it is out of the question as
you say~ there should be no question but that you ough~t to
Protect the To~m by having even larger minimumzoaing xequire-
merits. They have had in the recent past, quite a £ew complaints
off water supply contamination in Southold To~m and quoted cases
where there ~s found sodium arsenite used for killing potato
vines in Southold To~m. They stated that they had talked with
the ~upervisor and wanted to get with the~ Town Board at the
$outhold Eo~n Planning Board -3- February 17, 1960
next meeting and discuss this problem themselves. They have
a lot of cases behind them adjudged in their favor.
MR. GEORGE PENNY III~ i4attituck~ Raw York: That makes
the low priced lot a thing of the past. People will go to
other areas where the lot sizes are smaller. Don't you thirdm
that the Board of Health is overlooking the fact that detergents
is our main problem here?
I~R. ~C~[~mA~: They say that is not necessarily so. They
cite semi,mm arsenite.
PLR. VD.N TU~q~: They point out that they made this regu-
lation on the 20~000 sq. ft. per lot before this came up about
detergents.
~R. ST~2~L~WYST~WDJESi<!: MattituCk~ New York: Mr. Sledjeski
asked about Riverhes~d and. Southampton and he was advised that
they are all ~3nder the same regulation of the Health Department.
~. JOSEPH ~TAGNITTA~ Mattituck~ New York: How do they
feel the 20~000 sq. ft. will reduce the sodium areenite
condition?
14R. WICKYJ~M: They have made tests to determJ~ue this sodium
arsenit~ condition and the area of soil it affecta.
l~q. STAGNITTA: It looks like they are going to establish
the zoning from now on.
~q. WIC~fAM:' The V.A. and F.H.A. started out with a higher
m~nimum than the Co~_uty of Suffolk.
FL~. Fg~VJD ~IN~ Cutchogue~ New York: How dorestrictions
apply with relation to business lots?
I~. H~APO M. TERRY~ Bumlazng ~s~ctor: They apply
prim~ily to residenti~ lots.
~. ~C~M: ~ery ~dustrial building and every m~tiple
residence building must have approval of the Labor Deponent
and He~th Depar~ent ~d on a ~ty Road it has to go t~o~h
the Co~u~ High%~ Department.
~. p~Z: In other words~ if you w~ut to divide the best
thug to do is not file for it~ just go alaead ~d do it on ou~
O%~ ·
~. WICk: ~.e Plying Bo~d prim~ily comes ~to this
on a hi,way question. We had to take steps to protect
selves ~u the T~ of 8outhold~ protect aga~st developers who
Eouthold To~ Plannf_ug Board -4- February 17~ 1960
were .coming into the Town and had no respect for our regulations.
~.~e felt that our regu&ations were reasonable and Were going to
be s-ere they live by them. Now we come into this thing a_ud it
is still as far as the Plar,3a~ag Board is concerned 'on a highway
basis. This when we do not come int,_t: If the highway is
dedicated to the Town~ accepted by the To~n~ taken over by the
To~ end there are only a certain limited number of lots sold
we say that is not our business~ we have no jurisdiction~ it
never comes before us. However~ we are still a Plan_uing Board
and concerned %~th the Town of Southold and feel that if it is
for the best interests of the To~ to have 20~000 sq. ft. then
it will be necessary as far as we are concerned.
I~q. H0'~L~qD ~d~Y: I have talked with some building
inspectors from other to-~ns~ Brookhaven~ Istip: etc. ~ and they
have assured me they will not consider an application unless --
subdivision application unless it is accompanied by a signed
contract from the water authority and forces them to lay water
mains regardless of the distance they have to bring it i~, They
will not accept an application for a building permit and will
not give a~-permit on an unimproved or improved street unless
there is a Health Department approval of a private water and
sewage disposal system, i ~ant YOU people to know we are not
as tough as do~ 'the western end of the County-as you may thLO_ko
Also the roads mus~ be stone base ~nd blacktop~ there must be
sidewalks: curbs and gutters.
MB. STAN~Y SLEDJW~KI: I think the Planning Board is
setting their standards up to high and the Board of Health
is goLug -=long and putting words in your mouth.
MR. VAN TULM~: The Board of Health set the 20~000 sq. ft.
requirement in 19~6.
MB. B/VEELBACH stated cases where property in Suffolk
County was condemned and it was necessary to put in water
s~stems.
~Aq. %fILLL~,1%fIC-KHAM~ Mattituck~ New ~ork: For pumposes
here we have to agree that the Board of Health is right. I
do not believe the Planning Board will make the decision to
go to 20~000 sq. f~. it will probably be the Town Board after
yo~ir advice and the Board of Health's advice. The Town is
goLug to come up with 20i~000 sqo ft. ~hichmJght be a year or
two but sometime in the not to diet,ut future. The ~uestion
is filing a mao. There have been nfUnerous developments here
mud nearby'who-have not filed. Is there going to be ~uy
damage if these fellows put in lots with 12~00 sq. ft.?
~. WIC~2~M~ Chairm~u: Persona!ly~ if~you or someone
else could come up with some reasonable plan by which we
8outhold Town PlannJ_ug Board -~- February 17~ 1960
could waive filing a map I would 1~ to hear of it. The
basic premise upon which zoning wasset up in the Town of
8outhold was a uniform zone for agricultural and residential.
~. TE~RY: I ~o not th~C¢ the To,~n fathers, the Board
of Appeals~ Pl~_~_u~ug Board and Town Board has authority to
waive State Law. Under State Law $2g0.00 per lot is the fine
for selling lots which do not conform.
MR. GEORGE McCART}~Z brought up the matter of depth of
well points and lots on the four corners in a subdivision.
P~, VAN TL~: The Health Department has required test
wells for the past five or siK yeses. I have no doubt in my
mind that the ones that are enforcing the law are perfectly
honest and believe what they are doing is ir_ the best interest
of the Co~%ty. It is Co~mty-wide~ there is no doubt about it.
1~. JO~ WICi~qAt~: I think they are leaning over backboards.
In?~outhold Totem they have allowed some developments to be
approved if they found salt ~0 ft. down~ they allowed them to
pull the point back to where the water was good, i believe
they are entirely reasonable, I feel sorry for not only you
people but also the people ~o work for you and need the work.
~. McC3URTHY~: Under subdivisions they require an arrange-
ment of wells so that none will be within 100 ft. of any cesspool.
If you do not do that it could make trouble in the fut~sme, I
third~ it is a good ~rule.
PLa. P~I~Uf: About a year ago I ~nt do~_ with 1@. Grathwo~%l
to the To~n Board and stated that a building code was necessary.
The To~a said they Would consider it if we got all of the builders
and lumber people ~ the To~n to sign. ~e have heard nothing
further on it.
t~q. JOHN WICIfE~M: I am not in accord with a building
code at the present time° I agrae in time itwill be necessary,
~e are a sma1] To-wn with relativeiy uniform groups of people
mhd houses and I like to think we can operate our To~ the
Town of8outhold Lu a reasonable manner without excessive
regulations. Ia m looking at'it from the basis of a person
in agriculture and a t~w'payer.
li~. A~qCHI~TDYODi~G: Personally I would not l~ke to see
a set building code Du~ into effect at the presenttime, I
am of the opinion'the minute we try to enforce a buiid~g code
we have to have more t~es to operate it, I wo~zld like to See
us go along as we are at the present ti~e ~aad avoid that
necessary expense.
iriS.. %E~,BACH: The banks and F.H.A, require that the
Bouthold To%,~ Pia~naing Board -6~ February 17~ 1960
the codes and Board of Health regulations be complied with
before grantLng a mortgage.
Pk. %~T,T,~_M WICEI~3~M~ Is the protection we are insisting
on for the Town of Southold in zo~ ing ~orth the cost in hard-
ship to the builders~ farmers~ developers~ time lost~ business
you might have gotten~ tying up men. Today we would say not,
it is not worth it until we get this straightened out. %Fnen
you start to control somethi~ you must figure very carefully
the cause.
~R. JOHt~ WIC~U~.~: ~ could take the steps of you developers
developing the land~ you construct the highways~ turn them over
to the To~n Highway Department~ get it accepted~ and come to the
building inspector with a request for a building permit for not
more than two lots a year. You by~ass the Planning Board
completely.
~. ¥~ILLi~/~ WICKHAi{: Ho%~ver~ that is not a oermanent
solution. Sooner or later the Planning Board and ~oard of
Appeals of the Town of $outhold and the Board of Health is
g~ing to get together and the To~n of Southold ~ going to
come up With some definite policy. In the interim we are
faced with the problem of g~ng ahead with some of these develop-
ments and. we do not know what to do until we get the decision
of the Town of $outhold. That c~u be three months and maybe a
year. According to the real estate law when you divide one or
more pieces of property for building sale it becomes a sub-
division.
~Kq. JOlmW WICA~L~M: The State Law says one or more. It
is my opinion this Board will go by the Bosmd of Health law
which says less than five~ meaning fou~ or less.
~. ARCHIBTALD YOUNG: In youm opinion~ what is going to
be the areas of the To%aa that is going to be built up first?
The main.road~ so~ud bl~aff or bay front?
~. PEN~: I wo~d say the~bay front has been built up
~re~y.
MR. JO~W!Ct~}~: I thi~< that once we get into this
that the thought that the costs is going to be prohibitive
is not going to be true. In the typical layout from 12g to
200 is not disastrous. That would make the typical lot 100
by200.
!~. WAI~LUCE: Cutchogue~ New Tork: ~14v is it necessary
to j~mp to 20~000 Sqo ft.~ wb3y not l~O00 zq. ft.?
~. JO~W2~ WICiCHAM: The County Board of Health will not
give an inch.
~outhold Town Planuing Board -7~ February 17~ 1960
MR. ~J~ G~E: ~Yny not have an open meeting with the
Board of Health so that these people may speak-to them
directly?
~Ro W~LTAM WI~i: Can we assume that your recommendation
to the To~n Board w'~mli be 20~000 sq. ft.?
~Aq. J0~ W!Ci~2~_i~2~i: The Coumty Board o~ Health is going to
talk ~ith the Totem Board ~ud explain the p~oblem ao_d recommend
20 ~ 000.
~.. ANTH0h~/ STAGNITTA: %fnen you spoke with the Board of
Health did you suggest t~000 s~ud try to reach a compromise?
~q. JO~- WIC~M: The smswer-of the Board of Health was
that they tb_ir~ it ~ll be over 20~000 sqo ft. in the near
future.
t~:~. HULL TUTHILL~_~(attituck~ New York: Prom 19~5 to i9~
we handled V.A. a~d Fon. A. aud in every instance the purchaser
must meet the existing regulations at the time in order to
occupy the house.
~. JOI~ WICEPTAM: Hull~ ir. s_ny one area about how mauy
new accor~uts do you get in a year?
~F~q. TU~H~T,T,: We are disappoim_ted if %~e do not have a
IQ%increase a year. I would like to say that Zoning'is the
best th~ug that has happened to Southold To%mo At least 60%
of the b~se starts are su~er construction in the Town of
$outhold. At least 60% of the people were those coming into
the area out here. In a survey made by a concern for a
County-wide sewage system lg or 20 years ago~ engineers estimated
the population of:Suffolk Gounty in 1960 would be 300~00:
now it has more than doubled that.
iMR. CHEm~TF~R ORLOWSKI~ Cutchogue~ New York: 807~ of my
business is for s~m~er people.
~q. CORWIN GRAT~OHL, Cutchogue~ New York: i would say
closer to 90~ are su~er people.
P~. JOUle WICk: We in Southold To~are extremely
fortunate. This iS the~case because generally speak~ug the
school problem is the acute problem amd these people do not
send children to schools but still pay school t~w~s.
MR. JO~PH STAGNITTA: I think you people on the ~!~naing
Board have done a very distastful job very commendably. I
do not believe anyone here has any grief against you.
~outhold To~n Pls~_uing Board ~8~ February 17 ~ 1960
t~. JOPR~ WIC~_gk~I: The next thing is for the Board of
Health to send a representative to the Town Board, !~r. Van
Tuyl~ wo~3id it-De a reasonable solution to suggest to some
of these peopl~ that they might construct the highways, turn
them over to the To%m~ start work on the filing of the map
a~ud at %he same time apply for building permits on not more
than four buildings with the thought that if the highway has
been turned over to the To%a~ the buildir~ inspector could issue
the building permits and if there were not more th~u fou~ lots
involved we would not' have to consider it a subdivision at
that time. Would this be reasonable?
MR. VAN Tb~XL: That sounds reasonable and sensible: but
sometimes the law is not sensible. If that were the case
the lots shown on the subdivision co~d not be numbed_ed.~ ~
At this point the Planning Board resumed their regular
meeting~ the interested individuals having left the meeting.
On motion of ~{r._ Moisa, seconded by M~. Grebe, and
carried it ~s
~RESOLI~D that the Planduing Board hold their next regular
meeting on Saturday, March ~, 1960~ 1:30 P.M.~ at the Town
Clerk 0f£ice~ 2~n Road, Soutlmold: New York. It was further
RESOLI~r~O that the Plant, lng Board request a jo~-ut~meeting
with the Board of Appeals and Town Board at 2:00 P.M.~ on the
same date.
Vote of the Board: Ayes:- ~. %~ickham: ~. Moisa~
Grebe~ M~. Young~ ar_d M~. Unkelbach.
On motion of P~. Grebe, seconded by Mr. Moisa ~_ud carried~
it was
~0L~ that a letter be forwarded to the Southold To%.m
Board calling their attention to the fact that the Su~folk
CoumtyBoard'of Health minim~n requirements for lots in a
filed subdivision are 20,000 sq. ft. This is also the mio~mu~
reqnirement~ of both the V.A. andF. H.A. Since %~ are
experiencing considerable h~.rdship ~nd friction'between
devetopersm~ some of whom are forced to the 20~000 sq. ft.
minimum and some of whom~ hy virtue of building on a single
lot or an established highway, will comply with the 12~00 sq.
ft. minimum required by the Southold Town Buildir~ Zone
Ordinance~ we request they consider this problem. ~t the
s~me ti~e their presence was requested at the joint meeting
to be h~ld March ~ 1960.
Vote of the Board: Ayes~- ~;~. Wickham~ ~. Molsa~ Mr.
Grebe, Mr. Yo~ng~ ~and I¢~. Unk~lbach.
Southold To%aa P!am_uLug Board -9- February 17~ 1960
The Planning Board received a letter from the New York
State Federation Of Official Plann~m~ Organizations requesting
them to consider membership im this Federation. On motion of
Me. Yo~mg~ seconded by I~. l~oisa and carried it was RESOLVED
that the Pl~UnLug Board does not wish to ~oLug the New York
State Federation of Official Plamning Organizations.
Vote of the Board: Ayes:- ~M. %~ickham~ PM. Moisa~ ~r.
Grebe~ M~o Youmg~ and l~,Ir. Unkelbach.
~. HowardTerry~ Building T~m_spector~ informed the Plsn~_uing
Board that M~. Charles Witherspoon and M~. Robert %~itherspoon
had appeared at the $outhold Town Board meeting on February 16
and present a list of proposed amendments to the sign portion
of .the BuildLug Zone Ordi~s~_ce. Mr. Terry advised that the
Witherspoons would like to-attend a meeting of the Planning
Board some t~mme in the near ~uture,
The Planning Board again discussed the matter of the
petition of ~galter C. Grabie for ~u 0~en Development Area.
On motion of ~. Young~ seconded by Mr. Moisa and carried
it~as
~0L~ that the planning Board reco~end to the Town
Board that the Open Development Area be granted on property
of Walter C. Grabie located on Deep Hole Creek~ Mattituck~ New
York~ bo-auded north by Elmer Ruland~ east by Weese and Corso,
south by Jensen~ Audioun~ and %~st by Rula~ud and 0~Brien.
Map of property surveyed for Edm~md R. Lupton situated at
Mattituck by Otto W. Van Tuyl & Son sumveyed March 2%~ 1952~
suggested sufodivision ~pril l~ 1952.
Members of'.t~e Placating Board have visited this property
several times and feet that 1,~. Grabie has made every effort
to ~prove the access. This property was purchased at the
time the original OrdLuance was in effect ~ere 100 ft. frontage
on each lot was not req-oired. In the f~_le is a petition signed
by property owners served by this road~ all indicatLug they
%~sh it left as it presently is.
Vote of the Board: Ayes:- Mr, Wickham~ PM. Moisa~ Mr.
Grebe~ M~. You_ug~ and ~@. U_~kelbaah.
The Planning Board received notification from the $outhold
To]~n Board that the oetition of Frederick R. ~etcham for a
ch~ge of zone from 'iA'~ Residential and Agric~tu~al District
to ~B" Bus,ness District was grznted effective February t8, 1960.
Notification. was also received that the petition of Lillian
Brush for a change of Zone from "A" Residential and Agric'oltural
9istrict to "M" Multiple Residence District was granted effective
~-~bruary 18~ 1960.
8outhold Town Pl~an~ug Board -lO- February 17~ 1960
The minutes of the Meeting of February~l~ !960~ on motion
of Y~. Grebe~ seconded by ~. Moisa and carried were approved
as read.
Vote of the Board: Ayes:- ~M. Wicimham,
Grebe, Mm~. Young, and I~M. Umkelbach.
Mr~ Grebe again brought up the matter of the zoning of
Fort H. G. ~Wright at Fishers Island. The Fishers ISland Ferry
District would like to have approval of the aviationfield
portion of the property so that they may fix the hanger building
and make other improvements. The Planning Bos~d decided that
before they do anything further on th±s they would refer it
to ~. Otto W. Van Tuyl to have an accurate legal ~escription
prepared and it wouI'd then be taken up again at the next meeting
of the Planning Board on March ~th.
l~ieeting adjoumned at ll:20
Job~u Wickham, ~aairman
Respectfully submitted~
Judith T. Boken
8ecretary