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HomeMy WebLinkAboutPB-08/02/1966$ou hold Town Planning Board E~OUTHO-LD, L. I., N. Y. PLANNING 8OARD MEMBERS John ~(~'ickherrt, C:heirmon Henry Mo~sa Alfred Grebe Archibald Young Williem Un]celbnch M I N U T E $ ~OUTHOT~ ~T(NN-N PLANNINGBO~ August 2, 1966 A regular meeting of the Southold Town Planning B~d was held at 7:30 P.M.~ Tuesday, August 2, 1966, at the Town Office, Main Road, Southold, New York. T~e were present: Messrs: John Wickham, Chairman; Henry Moisa, Alfred Grebe. Absent: Messrs:' William Unkel~ach, Archibald Young, due to illness. Also present: Messrs: Otto Van Tuyl, Consultant; Howard Terry, Building Inspector. The $outhold Town Planning Board received from~theTown Board the original petition of Harold Reese~ 855 Sunrise Highway, Lynbrook, New York , relative to a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at $outhold, in the Town of Southold, Sufffolk-Coutny, New York, and more particularly bounded and described as follows: BEGINNING at a point on the southerly line of the Main Road, 145.82 feet westerly almng said southerly line from "Dolphin Drive", said point of~beginning being the northwesterly corner of lot 14, as shown on "Map of Southol d Shores", filed in Suffdk County Clerk's Office as map $3853; from saidpoint of beginning running along said lot 14, S. 13~ 15' 00" E.-55.11 feet; thence along a proposed canal~ shown on said map, two courses; (1) S. 76* 45' 00" W.-40.0 feet; thence !(2) S. 13~ 15' 00" E.- 700 feet, Southold Town Planning Board -2- August 2, 1966 more or less, to ordinary high w~r mark of Peconic Bay, thence, westerly along said high water marks 250 feet more or less, to land ofSl~edjeski, thence along said land of ~Sledje'ski, N. 13° 15~ 00~:W.-630 feet more or less, to said southerly line of the Main Road; thence along said southerly line, ~) N. 69° 07' 20" E.-151.91 feet; thence (2) N. 51° 37' 20" F~--154.01 feet to-the point of'beginning. The Board viewed the subdivision map ofSoutholdShores. Fir. G. Nickles was present to speak for the change of zone. He advised the Board that Mr. Reese had once talked about putting a marina and restaurant at t~s location. The Chairman advised that-the fresh water situation in this area is very critical. The Chairman further advised that he would like to look at this property and he would also like to know exactly what the applicant intends to do with the property. Far. and Mrs..Charles J. Kanka appeared before the Board in regard to dredging in Eugene's Creek. They had submitted an application to dredge to the Board of Trustees. They proposed to dredge a canal 25 .feet wide and 75 feetlong. The Chairman advised of the fresh water situation in the Town~ofSouthold, and advised the applicants that-the Board would like to look-over this situation and they.would be able to give them a decision in a couple ofweeks. Mr. Alvah Goldsmith., Chairman of the Board of Trustees was also present-for the discussion of the Kanka application. The Planning Board, Mr.. Lundberg~ Robert-W. Tasker, Esq., and~Alvah Goldsmith again took up disc~ussion~ on ~the dredging and filling in dOne by Mr. William Victoria atBayview' in $outhold. The Chairman briefly out~ined-w~at, the Situation was. The Chairman also ~dvised~ir. Lundberg that-~the Board of TEUstees had warned Mr. Victoria in the early stages of his work that he was breaking the law and that he needed ~to obtain a permit for the work-he was doing ~rom the Town Trustees. The chairman further ~.~a~ a~visedMr.~ Lundberg that according to the Town Trustees, Mr. Victoria refused to obtain a permit~and refused to cease the work he was doing. $outhold Town Planning Board -3- August 2, 1966 ARTHUR LUNDBERG, ESQ,': I don't know anything about my client getting a warning from the Trustees. That-stream was filled up by the county. THE CHAIRMAN: You can not make a man made .canal and bring salt water in. ARTHUR LUNDBERG~ ESQ.: They reopened this canal. THE~qAIRMAN: That makes no difference. You may not widen or deepen a stream. We are here to lay our cards on the table and we have Mr. Tasker here for advise. ARTHUR LUNDBERG~ ESQ.': So much money has been spentand no~hingwas done to stop him from doing all this dredging. HOWARD TERRY: The point is he took this fill out of this canal and built it up on Town pxperty. The trustees tried to stop himwhen they first-knew about it. ARTHUR LUNDBERG,ESQ~: I didn't know about that. ALVAH GOLDSMITH: We had had a complaint. So ~about five mmu~ o'clock in the afternoon I went down there. I was astonished" in the amount of fill put in the creek. I got~ahotd of'Mr. Latham and told him to stop it. I told him you don~t' lilt Town propertywithout a permit. I told B$11 Victoria the Same thing. He said he was trying to get ~ rid of the mud, told Bill he was building up land that~did not belong to him~ I told him he was making-a mistake. He said he would get his lawyer, he has a right 'to do it. The Trustees went down as a group and told him not to do this. ARTHUR LUNDBERGtES~.': Bill told me that they put this d~edge .ia on top of the land and they didn't-level itoff. He claims it was on his land. THE CHA/RMAN: We can not let~Mr. Victoria get ~x~' away with t his. ARTHUR LUNDBERG,E~.': What_will you do? THE CHAIRMAN: If we have to have a law suit we will. Southold Town Planning Board -4- August 2, 1966 THE-C~: ~s far as we are concemned we have a stronger case in some ways. ~ We can say to him~ take it- out of 'th e creek and put it back in thecanal. This would be extreme, ~but. we could do it. ARTHUR LUNDBERG, ESQ.: I don~tsay that my client is right. He has done something thathas cost him alot of money. If we could make some kind of compromise, I could approach Bill with that. ALVAH GO?~SMITH: The onlyway the Board of Trustees.will be satisfied is to dredge that right back to the point of beginning. Solutions tO the problem of'the dredging do~e by Mr. Victoria was discussed at some ienght. Subsequentlythe Planning Board discussed the situation with Town'Counsel, Robert Tasker. The Chairman advisedMr. Tasker that he should advise Mr. Lundberg of the following: That the Board will require that Mr. Victoria restore the creek and the land to where it-was when the County finished dredging. Mr. Victoria also shall be required to remove whathas accummulated in front of Koke's property. The final approval of~this Will be either up to the Town Trustees or an enginmer appointed by the Town of'Southold. On motion by Mr~ Moisa, seconded by Mr. Grebe,. it was RESOLVED that the minutes'of the Southold Town Planning Board dated July 12, 1966, be approved as submitted. Vote of the Board: Ayes:- Mr. Wick~am, Mr. Moisa, Mr. Grebe. The next regular'mee~ing of the~Southold TownPlanning Board will be held at Fishers Island on August 23, 1966. The meeting was adjourned at~:30 P.M. RespectfUlly submitted, Barbara C. Dittmann, Secretary 6.%_.%_~_.~_~z%_~_ ~ _ Southold Town Planning Board ~JOHN- WICKHAM. CMAIRMAN