HomeMy WebLinkAboutPB-02/21/1973 n Planning Southold Toter hoard
p SOUTHOLD, L. I., N. Y. 11971
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Henry Molsa
Alfred Grebe
Henry Raynor
Frank Coyle
M I N U T E S
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 20 .359 acres at Cutchogue,
New York.
The Chairman read 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 Town on- the 21st day
of February, 1973 , at 7 : 30 o 'clock in the evening of said
day, on the question of the approval 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 r
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 monument
and land of Carroll; thence along said land of Carroll ,
N. 370 45 ' 00" E. - 320. 0 feet to a monument and land
of Davids; thence along said land of Davids, S . 550 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. 460 58 ' 00" E. - 344 . 22 feet to a monument and land of
Carroll; thence along said land of Carroll , two courses:
(1) .S . 541? 14 ' 00" E. - 602 . 60 feet to a monument;
thence
(2) S. 340 41' 20" W. - 325 . 0 feet to a monument on
said northeasterly line of Bridge Lane; thence along said
northeasterly line, N. 551 18 ' 40" W. - 675 . 69 feet to
the point of beginning.
-r
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. 560 43 ! 00" W. .- 116 . 96 feet to a monument,
and land of Depres; thence along said land of Depres ,
N. 480 11 ' 30" E. - 362 .47 feet to a monument and land
of Richter; thence along said land, of Richter, S . 541 20 !
40" E. - 491. 94 feet to a monument; thence along, land of
Zanowski, S . 540 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 instead
of Cutchogue. Also there are affidavits of publication
in The Suffolk Times and The Long Island Traveler-Mattituck
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. )
1
Southold Town Planning Board - 4 - February 21 , 1973
THE CHAIRMAN: We have not evolved a method of
evaluating the payment in lieu of providing park and
playground. We were discussing it the 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 our requirements . It has not been done
until now.
MR. RAYNOR: I think the Town should 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 map.
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
presented a proposed subdivision map for Elijah' s
Associates . The total area is 60 acres and 57 lots
are proposed. Mr. Saland said they propose to develop
the property in three stages . Mr. Wickham told
Mr. Saland that the State law for clustering says you
can take the acreage and take 20% of it for roads ,
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 1501=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 sell any lots there because there will be three
feet of water. Mr. Raynor said there will have to
be a road cut somewhere on Elijah' s Lane. Every
1200 feet, approximately1there has to be a tie in
on Elijah' s Lane. Mr. Saland said they had not
done a topo yet. Mr: Saland asked if the property
was developed in three stages would they 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 doe sntfile the second section for a few
years there may be some changes. Mr. Wickham said
the Planning Board has recommended raising the
requirement for park and playground from 2 1/2% to 5%
of the area, and some of that can be drainage.
Mr. Raynor said when they submit a preliminary map
they must also submit a statement of disclosure of
all officers , directors and stockholders of Elij.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 ends . They are just held in
reserve, they don 't have to be paved. Mr. Wickham
said the County Health Department has come up with a
figure for nitrate dilution, in particular in the
eastern towns , of 1.2 or 1 . 5 acres , but we have not
yet recommended it. Mr. Raynor told Mr. Saland if
they endorse it before he comes in with a preliminary
map and the Planning Board approves it the map will
have to comply. Mr. Wickham said the roads have to
meet existing highway specifications and the assessed
valuation per mile is being raised from $40 , 000 to
$100 , 000 per mile. The Planning Board has no control
over this . This is in the rands of the Town Board so
in one, two or ten years from now the developer=,might
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 have to show
what you have in mind for all sections . Mr. Coyle
told Mr. Saland the roads must be cut ih=and shown
on the map.
Southold Town Planning Board - 6 - February 21, 1973
Joseph and Edwi,na. 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 depths and
frontage. Mr. Wickham said the Planning Board will
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 .Babcock presented
a map for the subdivision of property at Cutchogue, for
the Estate of Frank H. Case. The total upland area is
44 . 5 acres and total diked meadowland area is 4 acres
with 35 lots proposed. Mr. Wickham said the Planning
Board has recommended to the Town Board that (1) we
base lot yeelds on 80% of the acreage and based on that
you could figure 42 lots and (2) nothing less than 150
foot frontage, and you are over on that. The 150 foot
frontage must be on the highway, not waterfront.
Mr: Wickham also told Mr. Case the , property. marked Possible
Future Development will also have to be included. It
could be a Section 2 or 3 . If you have a piece of property
in the same deed title, you can't leave it exclusive of
the area. We are not allowing a person to subdivide
part of their property and keep another parcel out..
Mr.- Case said he did not want to commit that piece of
property if possible. Mr. Case said they also propose
putting in some golf holes in the recreation area and
that was one of the reasons for the layout' of the lots .
Mr. Raynor asked Mr. Case If he was the sole developer
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 :
1 . 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.
2 . Due to the possibility that erosion 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 ,
it was
RESOLVED that the Southold Town Planning Board
adopt the conditions set forth in February 6 , 1973
letter of Suffolk County Planning 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 County Department of Health 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 Reform.
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. These 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 underground utilities
Southold Town Planning Board - 8 - 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. Wickham said the Board would send
a letter to Mr. 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 held unnecessarily. Mr. Rose ' s
son asked about raising the road and putting in a sump.
Mr . Wickham 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 feels Riverhead Cement cut the road too low. Mr. Rose,
said that it was just hearsay and he did not know if this
was so or not. Mr. Wickham said in some cases we will
have an independent engineer go in and check the whole
thing-to see how close to grade it is . This may be the
first thing 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 Laurelweod 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 J.
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. Snellenburg the Planning Board
will insist on having the property tied up with
a recordable instrument saying 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, seconded by Mr. Moisa,
it was
RESOLVED that the 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
the 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 on 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
Southold, 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 Horton' s Lane, 300 feet;
South by other land of Conway, about 900 feet; and
West by land of Donohue, 300 feet.
The Planning Board discussed this proposed 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-1" 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 certain
property situated at Mattituck, New York.
The Board reviewed the map of the property and
will hold the matter up for discussion until the
next 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 require�:.a 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
n Wickham, Chairman