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HomeMy WebLinkAboutPB-01/11/1966Southold Town Planning Board SnUTHOLD, L. I., N. Y. PLANNING BOARD MEMBERS John Wiclchem, Chairman Henry Moisn r Alfred Grebe Archibald .Young William Un1~elbach SOUTHOLD TOWN PLANNING BOARD January 11, 1966 A regular meeting of the $outhold Town Planning 'Board was held on Tuesday, January 11, 1966, at 7:30 P.M., at the Town Office, Main Road, Southold, New York. There were present: Messrs: John Wickham, Chairman, ~enry Moisa, Alfred Grebe, Archibald Young, William Unkel~ach Also present: Messrs: Otto Van Tuyl, Consultant; Howard Terry, Building Inspector The first matter toccome before the Planning Board was the application of the subdivision to be known as "Cleaves Point, Section III". Mr. Van Tuyl presented the final maps to the Board. THE CHAIRMAN: The record shall show that as noted on the map the health department requires all lots~will be filled to at least 10 feet elevation. Now in regard to the question we raised about the interest of the future lot holders in the beach property, I have a letter from the Town Attorney. Southold Town Planning Board -2- January 11, 1966 (The Chairman read the letter from the Town Attorney, and said letter was placed On file.) THE CHAIRMAN: I wish to say for the record, the Planning Board does not wish to require any developerto make dedication. We never have, we never'will, and I am sure that Mr. Tasker knows this very well. We have no right to ask for dedication. We have never said .that we do. We will say for their own interest that the developer take steps to provide for the future because the Town highway department does require dedication and if you fail to do this now, you may never be able to dedicate. We do not require it now, and may never require it. We do say for your own interest, set this aside. When the attorneys get together, they sometimes get things a little twisted. Butwe do say for the developer's own interest, take pai~s to make sure he can dedicate the highways to the Town. CThe Chairman then read another letter from the Town Attorney. This letter was also placed on file. A declaration was enclosed with the letter and Mr. Kaplan stated that this declaration would be filed simultaneouslywith the map of the subdivision.) THE CHAIRMAN: You are stating that this declaration will be filed with the map of the subdivision? MR. KAPLAN: Yes. THECHAIKMAN: And that this office will receive an executed copy? MR. KAPLAN:~If you want, before the filing of the final map, I can present an executed copy to the Town Attorney, and he could record the map. THE CHAIRMAN: I will take your 'word for it, if you will say it for the record. MR. KAPLAN: Yes. T-HE CHAIRMAN: This will meet all the requirements. I will reconveine the hearing at this time. PUBLIC HEARING: Upon question of approval of the following plat: Plat'of property owned by Dawn Estates Builders Corp., entitled Cleaves Poi~t~ Section III, at Greenport, consisting of a parcel of land 12.32 acres, situated near Greenport, in the Town of Southold, Suffolk County,N.Y. and bounded as follows: Southold Town .Planning Board -3- January 11, 1966 BEGINNING at a point on the westerly line of a 50 foot pri~ate road known as Maple Lane, 390.88 feet southerly along said westerly line from the southerly line of the Main Road, from said point of beginning running along said westerly line of-Maple Lane, three courses: (1) S. 31degrees 30 minutes 00 seconds E.- 239.80 feet; thence (2) S. 36 degrees 30 minutes 00 seconds E.- 300.0 feet; thence ~3) S. 30 degrees 23 minutes 40 seconds E.- 180.24 feet to the northerly li~ of a proposed 50 foot highway to be known as "Snug Harbor Road", as shown on "Map of Cleaves Point, Section II", filed in the Suffolk County Clerk's Office as Map $3521; thence along said northerly line of "Snug Harbor Road~; S. 56 degrees 37 minutes 10 seconds W.- 103.40 feet; thence along the northwesterly~line of said Snug Harbor Road", S. 19 degrees 30 minutes 00 seconds W.-437.95 feet; thence along the westerly line of said "Snug Harbor Road", S. 33 degrees 22 minutes 50 seoonds E.-10.69 feet; thence along Lot 36 as shown on said map, S. 56 degrees 37 feet 10 seconds W,- 162.0 feet to ordinary high water mark of Gull Pond; thence along said high water mark, northerly and then westerly 280 feet more or less to land oflRuth Preston and others; thence along said land of Ru~h Preston and others two courses: ~(1) N. 21 degrees 24 minutes 20 seconds, W.- 50 feet,;~ thence (2) N. 20 degrees 50 minutes 10 seconds, W.~-389.05 feet; thence along land of Yuma Corp., N. 21 degrees 04 minuteS 00 seconds W. - 496.27 feet; thence along land of Bawn Estates Shopping Center on a line parallel to said southerly line of the Mai~ Road, and 375.0 feet southerly therefrom, N. 66 degrees, 39 minutes, 50 seconds E.- 505.35 feet to the point of beginning. THE CHAIRMAN: As far as I can see we are in agreement with the Town Attorney's letter of January 10,.1966, that the declaration referred to is in order, that if you'will assure us'that an executed copyof this declarationwill be provided'to us for our records and the original fil~ed with the subdivision mapt the Board will be willing to dispose of this matter at this time. MR. KAPLAN: You have my assurance. (The Chairman presented~Mr. Kaplan a copy of the estimate for the performance bond.) THE CPL~IRMAN: I am sure that you will recognize that the bond is set ab~ what you can expect it to cost. MR. KAPLAN: Yes it is. When ~can we~xpectyour signature so that we can file the map? January 11, 1966 Southold Town Planning Board -4-- THE CHAIRMAN: If this matter is approved tonight, as soon as arrangements for the bond are made with the Town Board. Actually, the Chairman is authorized to sign this when~word is~received that the bond has been posted and accepted. At this time, is there anyone else present who wishes to be heard on the matter of this.subdivision to be known as "Cleaves Point, Section III". (There was no response.) THE CHAIRMAN: Hearing none, I will declare the Nearing closed at this time. Is the Board willing to accept this declaration and the beach which should cover as fullfilling the park and playground area? M~o YOUNG: I dislike it a little, but there is nothing else we-can do. The Town Board sits in the dr.ivers seat. It's our job to look out for Southold. We put things to the Town Board and then they m~ke their own decisions. We can only rely on our records. I think-we are in the process now of changing the easterlyend of Long Island. We should take into consideration the people who have lived here their entire life and the people coming here who sneak into their lives. We shouldadopt some sort of policy for the pro~ection of the Town of Sou:tho~td~ I have lived in this section for many'years. Z don't think anyone could have any more love for it than .I do. Some may have justas much. I~don't like to see the progress, but I have reached the pointwhere I know it can't be stopped~ I am sitting on the Planning Board to try to use my judgement.to preserve these things our forefathers have foughtfor. MR. UASfEL~: I have no comment to make. On motion ~y Mr. G~be, seconded by Mr. Moisa, it was RESOLVED~ WHEREAS DawnEstates BuildersCorp has petitioned the Southold Town Planning Board:for final approval of their plat'knOwnas "Cleaves.Point, Section III", at Greenport, New York, and; Southold Town Planning Board -5- January 11, 1966 WHEREAS the Superintendent of Highways of the Town of Southold has inspected the map and approves the highway layout of the roads to be constructed, and his report is herebY accepted by the Planning Board, and; WHEREAS the "Declaration", and beach area will be considered adequatefor park and playground area provisions, and; WHEREAS the signing of the final maps by the Chairman of the SoutholdTown Planning BOard is waived until such time as a performance bond is posted for the roads and the watermains, and all other improvements in the subdivision, and said bend is accepted by the Southold Town Board, NOW THEREFORE BE IT RESOLVED that the subdivision to be known as Cleaves Point, Section III, at GreenpOrt, New York, consisting of 12.32 acres, owned and developed by DawnEstates Builders Corp. be approved. Vote of the Board: Ayes ~Mr. Wiekham, Mr. M~isa, Mr. Grebe, Mr. Young and Mr. Unkelbach. The Southold Town Planning Board received from the Town Board the original petition-of Vail Bros, Inc., relative to a change of zone from "A" Residential and Agricultural Dist~ict to "B" Business District~o~ property located at Peconic~ with instructions to prepare an official report defining_the conditions described therein. This change of zone is requested for the expansion of a growing automobile business. This property is described as follows: Ail that certain tra~hor parcel of land situated at Pecohic, in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: BEGINNING at a point on the easterly line of Peconic Lane which point is 233.0 feet northerly along said easterly line from the intersection thereof with the northerly line of Main Road. From said point of beginning running thence along land now or formerly of Carl E. Vail and Richard T. Vail two cQurses as follows: (1) North 58 degrees 51 minutes 20 seconds East 160.97 feet to a monument; thence (2) South 40 degrees 01 minutes 30 seconds East 20.0 feet to a monument; thence along land now or formerly of Stanley Cirach two courses as follows: Southold Town Planning Board --6- ~anuary !1~ 1966 (1) North 48 degrees 39 minutes 30 seconds East 170.0 feet to a monument; thence ~2) South 40 degrees 01 minutes 30 seconds ~ast 180.0 feet to a monument set on the northerly line of Main Road; running thence along land now or formerly of Gozelski North 30 degrees 00 minutes West 310 feet; thence south 58 degrees 51 minutes 20 seconds west 361 feet, more or less, to said easterly line of Peconic Lane; thence along siad easterly line of Peconic Lane South 30 degrees 00 minutes East 150.0 feet to a monument and the point or place of beginning. Mr. Carl Vail appeared before the Board to briefly discuss the change of zoneapp!ication of Vail Bros., Inc. On motion by Mr. Moisa, seconded by Mr. Young, it was RESOLVED that the SoutholdTown.Planning Board favorably recommend to the Southold Town Board the change of zone from '~A" ReSidential and Agricultural District to "B" Business District on the property of Vail Bros., Inc. as described above. The Planning Board points out at ~ time that there may be some traffic problems with the police department across the street and some problemwith access onto this highway. Vote of the Board; Ayes: - Mr. Wickham, Mr. Moisa, Mr. 8rebe, Mr. Young, and Mr. Unkelbach. Mr. Morgan and Mr. Sturm appeared before the Board~ in reqard to Eastern Shores at.Greenpor~ Section .IV. The Chairman suggested a~change in the~road, Sound Drive. There was some question of having a very reat problem t~.get around · nlet Pond to the next section of this subdivision~ with the present-location of Sound Drive. The Chairman advised that once the subdivision map is filed there may he.some problem to change it. Mr. Strum stated that they had plans for access into th~next section, however, he did notwish to reveal these plans at this time. There wa~considerable discussion held on the matter of the possibility ~f changing the map and grade~sat a latter dare,and what process would have to be followed to change it. The Chairman advised that the Town Attorney would have to be consulted to see just what is involved in changing a map after is is filed. SoUthold Town Planning Board --7-- January 11~.1966 OTTO VAN TUYL: Could you set a date for m hearing on this? Iam sure~ could have the necessamy'signatures before the time of the hearing. MR. STURM: We would like to have a final hearing. THE CHAIRMAN: You don~lt anticipate any problems with the County Board of Health~ OTTO VAN TUYL: There is city,ret there. ~R. YOUNG: I think it wo~ld be in our favor befome we proceed to have the Chairman take'this matter up with the Town'Attorney and get his okay on it to see whether or not we are proceeding right or wrong. MR. STURM: There are other plans in the fire that will take care of this oso there will be no problems, I have a letter here from the Mayor~of Greenport in regard to the water. (The Chairman read the fOllowing letter): "Mr. Frank Sturm~ Vice President~ Ho'J.S.' Land &' Development Corp~ Greenport~ New York, January 5~ 1966~ "Re$ Eastern~, Section IV~ Dear'Mr. Sturm: "I understand you are in need of a letter of intention the part of the Village to furnish public water supply for SeCtion "Please be assured~the Village~ill supplywaterfor 'this section in accordance~ith the terms and conditions with'which you are fully ,~amiliar~ being the Same as affect-the previous Sections serviced~ "Very trulyyours~ /s/Arthur Levine~ Mayor" MR, STURM: in regard ~to the issued a contract to SaxtonConstruction on of the water mains in two phases. One phasehas been completed. This pha~e'was January 1!~ 1966 Sou~hold Town Planning Board -8- completed about two w. eeks ago. The second phasewill be started in March. I have herewith me the. contract. I wonder if it's possible to waive the, bonding on the water since this~ill be installed in March? THE CHAIRMAN: We will be meeting with the Town Board on tomorrow night. We will discuss it with them at this time~ On motion by Mr. Unkelbach~ seconded by Mr. C~ebe~ it was RESOLVED that the Southold Town Planning Board set the next regular' meeting as the time fora public hearing upon the question of approval of the following plat: Plat of property owned by H*J~'S. Land &Development Corp.~ entitled"Easter Shores at Greenport~-Section IV"~ located at Greenport~ c~nsisting of a parcel of land 12 acres'more Orlless~ situated at Greenport~ in the Tomn of Southold~- Suffolk County~ New York~ and,~ounded and described as follows: BEGINNING at a point at the ordinary high water mark of Long 'Island~ound.marking division of lands of F.H~S. Land & Development'Corp. and H.'J~S. Land &Development Corp; running thence hnortherly-and then easterly along said ordinary high water ~rk o~Long Island Sound 2045 feet~, more or less~ to land now or ~ormerly,of Butt; running thence southerly along said land-of Butt a distance of 320 feet,~ more or less; running thence through land of H~J.S~ Land &-Developement Corp.~a distance of 450 feet to Sound Drive as shown on Map, of'Eastern Shores at Gre~nport~ Section II.; running thence~norther~y50 feet~ southwesterly460 feet~msre or less thence southerlyS0 feet~ more ox less~, to the sout~m~S%erly-corner of Sound Drive as shownon saidmap; running thence southerly a distance of 206 feet ~l~ng the v~sterly line,of'MaP of Eastern~Shores at ~ to land now orformerly~ of speeches; ~unning along said land now~ or formerly~of Speeches and land 'now or formerly of Morrison in a westerly direction a distance of 500 feet~ more or less~ to a concrete monument; running thencealong said land now or formerly of Morrison in a southerly direction a distance of 275 feet~ more or less to land of F,E,~S~ Land & Development~Corp;,running~thence along said iand~ofF,~H~S, Land and Develop~,ent Corp, in a westerly direction a distance of 500 feet. more or less~ to the point or place of beginning. $outhold To~n P1 arming Board --9- January'll~ 1966 THECHAIRMAN: IS there any discussion? ~R.' YOUNG: Before we give final approval on this the Chair- man should discuss this with the Town Board .so that'we will have something for out'files 'to show that this came before us. This is the first-case we have had like this. We shouldset~-some sort Of precedent for us or the next' Planning Board. THE CHAIRMAN: Would you t~e to s~ggest that particular attentionbe given to this problem at the hearing? MR.' YOUNG: Yes. THE CHAIRMAN: The hearing on Easter~Shores~ Section~ IV~ will be set subject to a determination from the Town'Attorney on the possible, change Of grade on-'Sound Drive at its westerly extremity, Vote of the Board: Ayes: - Fir. Wickham~ Mm. Moisa~. Mr. Grebe~ Mr. Young~ Mr. Unkelbach. William'Wickham~ Esq, appeared~before ~he'Board ~ith a preliminary planof a subdivisionfor'CasbOm~ Inc~ property located atMattituck, The property in qUesltion is Part~0f'~he Mc/~ulty farm, The total area ofthe property is 26~2~3acres® and will contain 46 lots. ~4r. Wiekhamstated that no turn- arounds were shown On the map~ h°Wever~ this couidbe'worked out if a turnaround islrequired~ a turnarounda~ld be, required at also pointed out that there were with less than 100 feetfrontage. The does not grant'aPproval of'a tries to get lots out,of a pa~,cel of land. The Chairman might bewise to provide a road and~turnaround on the easterly side of the property. Mr~ Wickham advised that there was a 40 foot-right~of- way w~ichlead to the water front. Thertght~of-way"hadbeen granted by the Board of Appeals, The Chairman advised that the Board would like to go out and inspect this p~operty before theymake any decision, $outhold Town PlanningBoard -10- January 11, 1966 Mr. Bleeker appeared before the Board with a preliminary plan of a subdivision to be known as "Willow Point", located at Arshamomque, in the Town of SouthOld. This parcel of land is approximately 21 acres and ~ill contain 31.lots, Mr, Bleeker stated that they had to revise the plan for the-subdivision inview of the fact that when the Health Department made their inspection they found clay conditions. A prQposed man made canal is shown onthe preliminary map of the subdivision, The Chairman advised that approval is required for any man m~de canal. The Chairman stated that the fact that the canal is shown on the preliminary map should be sufficient for a request~for approval of'the canal. The' Chairman then inquired about the 30 footright-of-way shown on the map, Mr, Bleeker stated that his company owned the right-of-way~ however~ the people that lived on it had the right to use it, Mr, Unkelbach stated that if this right-of- way was to be widened to 50 feet that the p0ple!iving~on the~ right-of-waY would have to relinquish their claim. The Chairman advisedMr, Bleeker than the Town Board would require the dedication of at least 100 feet ofwaterfront before taking o~er the roads. The Chairman pointed out to Mr, Bleeker themany disadvantag,e$~s o~ maintainSng private roads. TheChairman also strongly ~dvised Mr, Bleeker thathe shouId make provisions nowfor'poss/~le 4~dication at some ~uture date, ~. Againthere ~as discussion on the 30 foot. right~of-way and the~possible wideningof this right-of-way to make it a public road, It was stated that'Mr, Perkinson~'a property owner on this right-of-way was opposed tohaving the ~right-- of way made a-public-road, THE CHAIRMAN: We usually work'ou We cannot require that~you set aside 100 We won't.say that youl.have to do it. We can't'specify what the Town Board wants. In view of our experiences~l dedication makes s~nce, and will save you money, Just how welare going %o work this out~. I don;t know. You are going to have 'to.meet our requirements forpark~and playground, This entails alot of discuss~on~ but we believe in being cautious, Southold Town Planning Board -11- January 11~ 1966 MR. UNEELBACH:Who takes care of 'the right-of-way? MR. BLEEKER: Mm.~ Perkinson put the right-of-way.inand maintains it. THE'CHAIRMAN: ~pointing to the map) There is no great hardship here. You couldr~n the road on this side of~hat house and make another tier of lots. MR. BLEEKER: What if we were to keep the roads under private ,control? THE'CHAIRMAN: Then we would say that~you will have to meet our park and playground requirements. We will require atleast a certain r~ationshipbetween the number of lots and the amount'of area. It was pointed out that the-park and playground area would be for public use, An unidentified speaker'stated that he thought that having to dedicate beach front tends, to depreciate the value of the property. The Chairman stated that this procedure has been :fO/~wed for50 or'60 years and has not hurt the Town of $outhold. The'Chairman pointed out that in some other towns it~'s impossible to evenget to the waterfrontbecause everything is privately owned. The possibility'of'changing theroadin the subdivision so that the 30 foot right-of~way would be avoided was ~iscussed. The Chairman stated that:the Planning Boardwould inspect this proper.ty and took thewhole situation over. P~TERRY,,ESQ. ~J(Attorn'ey for'Mr. Bleeker): I wa, snOt here at first. What ~boutthe rest-of this layouts, is i'tokay? THE C/TA~: Werequire that man made~can~ls~be appr~oved The fact that the~canal is shown on the map isadequate fora request for approval. The Chairmanstatedonce again thatthe~ Pl~n~ing,'Board'~ill look.further into this matter. He advisedMr. Bleeker tha. t'he should look~into the l~egal aspects concerning the 30 foot'right- or-way, and see ifitwoutd be possible to widened'ithe righ.t- of-way to 50 feet. Southotd Town Planning Board -12- January 1!~ 1966 The Planning Board held a discussion with Raymond Dean, Superintendent of Highways, in regard to certain highway specifications for new roads. On motion byM_r. Unkelbach, seconded by Mr. Moisa~it was RESOLVR.~ that the minutes of the Southold Town'Planning Board datedDecember 15, 1965z beapproved as submitted. Vote of the Board: Ayes: ~Mr. Wickham~ M_r, Moisa, Mr. Grebe~ Mr. Young, and Mr. Unkelbach. The next meeting of the SoUthold Town Planning Board will be held-on Tuesday, February 15~J~96'6, at the Town OffiCe~. Main Road, Southold, New York,~ at 7:30 P.M., On motion by'Mr. Moisa, seconded.by Mr.. Wickham,~ it was RESOLVED that:Lawrence Tuthill~ professional engineer, be authorized to make an estimate for a performance bond for the completion of the roads:andwater mains in the subdivision to be known as "Eastern Shores at Greenport~ Section IV". There shall be-a total forthe completion of the roads~ and a total for the watermains~ and the grand total. Vote of the Board: Ayes:- Mr. Wickham, Mr. MOisa,.Mr~ Grebe, Mr. Young, Mr. Unkelbacho The meeting was adjourned at'10:00 Respectfully' submitted, JOHN WICKHAM', C~A/RMAN