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HomeMy WebLinkAboutPB-04/16/1973 Southold. Town Planning Board rO T ts� . -pl � y�o S❑UTH O LD, L. I., N. Y. 119 71 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 April 16 , 1973 A regular meeting of the Southold Town Planning Board was held at 7 :30 p.m. , Monday, April 16 , 1973 , at the Town. Office, Main Road, Southold, New York'.- There were present: Messrs. John Wickham, Chairman; Henry Moisa, Vice Chairman; Alfred Grebe; Henry Raynor; Frank Coyle. Also present: Howard Terry, Building Inspector THE CHAIRMAN: I will call the hearing to order on the amendments to the Subdivision Regulations of the Town of Southold. Before I read the legal notice it might be appropriate to make a short statement about this hearing. The State law regarding presentation of plots for preliminary and final approval has been changed and as of January 1, 1973 , the new State law took effect, but had to be clarified and implemented by Towns . The w ; Southold Town Planning Board - 2 - April 16 , 1973 first four pages of these amendments are an effort to comply to the State law and implements the new rules and regulations . The Legal Notice reads as follows : NOTICE IS HEREBY GIVEN that a public hearing will be held by the Southold Town Planning Board at the Southold Town Clerk' s Office,:-:Man Road,, Southold, New York, on. the 16th day of April, 1973 , at 7 :30 o 'clock P .M. of said day in the matter of the proposed amendments of the Subdivision Regulations of the Town of Southold. Said proposed amendments amend the definitions; procedures in filing subdivision applications and approval process; general requirements and design standards; and documents to be submitted. The proposed amendments are filed in the Southold Town Clerk ' s Office and may be seen by any interested person. Dated: March 29 , 1973 SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN The Chairman also read the affidavit of publication from the Suffolk Weekly Times and Resolution of the Planning Board setting the date of the Public Hearing. THE CHAIRMAN: I have checked with our Attorney today and he informs me that is not necessary to read any or all of these proposed amendments in view of the fact that they have been duly placed on file, but if anyone wishes any part of them read, we will oblige. I state again the first four pages are an effort to comply with the new fules set forth by the Legislature of the State of New York, under which Planning Boards must hold hearings and grant approval. -As of January 1 , 1973 , the General Municipal Law in regard to actions of Planning Boards in towns in the State of New York was changed and it had to be implemented by towns . Perhaps the most important change is that at the time of preliminary approval it is required that the Planning Board hold a hearing. The State law also provides that the Planning Board may also hold a second hearing at the time of final approval. These rules and regulations provide for a hearing at both times except that if the subdivision is in substantial agreement of all the requirements they may waive the final hearing. Southold Town Planning Board - 3 - April 16 , 1973 JEAN TIEDKE, League of Women Voters : Under Section X I would like to know about having building lots at or below the grade of the streets. THE CHAIRMAN: The highways should have drainage. This is an effort to get around problem of having the roads flooded, particularly when the roads are first built. JEAN TIEDKE: You have mentioned another system other than curbs . THE CHAIRMAN: That is on a trial basis . We are going to try it on one subdivision and see how it works . If the Superintendent of Highways and the Town Board agree we will try this new method. MR. COYLE : It is more expensive than curbs . THE CHAIRMAN: I would like to point out that there are a couple of other cases where we have suggested changes . Section XII - we would like to have underground utilities in the side walk area. Some companies want to put them in the street. Now all utilities must be underground. JACK DRISCOLL: Is this major or minor subdivisions? THE CHAIRMAN: We have nothing to say about what they consider a subdivision. LILCO told us all new construction would be underground. Section XIII is again aimed at the problem of handling storm water and will trap some of the water. Sections XIV and XV are simply clarification. Section XVI - we are now designing for a six inch rain fall in 24 hours . We have had to update our design criteria, particularly in areas like supermarkets . Section XIX changes to 5% instead of 2% as we previously, had, the requirement for recreation area. It is for either 100 families or dwelling units . In either case we will require 5% of the total area for recreation. Section XX - this is to be specific and say shade trees will be required. Section XXI is simply a clarification of the 100 foot turnaround. Section XXII - we want to know in advance the names and addresses of all persons having any interest in a subdivision. Section XXIII - increases the number of prints to be submitted. If there is nothing else of general interest, I will ask if there is anyone who wishes to speak in opposition to the amendments. (There was no response. ) Southold Town Planning Board - 4 - April 16 , 1973 Does anyone wish to be heard in favor of the amendments . JEAN TIEDKE : I think it is a giant step forward to have preliminary hearings. ORVILLE TERRY: I am in favor of the changes . JOSEPH SALAND: I have a question about Section XI . THE CHAIRMAN: The reason for rewriting this section is to bring in the Town Board Highway Committee. They insist on having a say on every,�one of these things . JOSEPH SALAND: We don 't have all of these things , such as sewers and water mains . THE CHAIRMAN: We have to have enabling legislation. Sometimes the County requires it. JEAN TIEDKE : Are bonds required for trees? THE CHAIRMAN: Any improvements will require bonding. We require bonds currently on plot plan approval for business buildings to cover the plantings and landscaping. JEAN TIEDKE: Does it cover preservation of natural features? THE CHAIRMAN: Yes , in a subdivision the amount of leveling is prescribed under the sand and gravel ordinance. ORVILLE TERRY: Does this section cover existing trees. I don 't like to see them taken down. JEAN TIEDKE: Couldn't bonding cover that? THE CHAIRMAN: I think they are not allowed to remove some trees and in addition they are required in some cases to seed raw land to keep it from eroding. Article IV, Section 8 , H of our present subdivision regulations reads: "The Planning Board shall , whenever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, water courses, beaches , historic spots , vistas and similar irreplaceable assets . In general, all trees on the site, except those situated within proposed areas for building sites, driveways and utility lines , and for a distance of ten (10) feet therefrom, shall be preserved. " You may bond, for improvements, but you can't bond to make someone do what he says he will do . The Town Attorney has told us this . Does anyone else Southold Town Planning Board - 5 - April 16, 1973 wish to be heard on the amendments to the Subdivision Regulations? (There was no response. ) I will declare the hearing closed and would like .to thank those who came tonight. Speaking for the Board we are very gratified by the support we have from so many people., in the Town. The Board discussed the site plan for Driftwood Coves (Greenport Homes) . On motion of Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the site plan for Driftwood Cove at Greenport, be approved and the chairman is authorized to sign the plans upon .receipt of a letter designating approval from the County Planning Commission and subject to the amendments required by this Board. Vote of the Board: Ayes : Messrs . Coyle, Moisa, Wickham, Grebe, Raynor. Mr. Joseph Saland appeared before the Board in regard to a proposed subdivision for Elijah Associates at Mattituck. The property is 60 .438 acres and 54 lots are proposed. The Board had an informal discussion in regard to this subdivision with the Map Department of the County and they suggested some changes. A copy of the map marked with these proposed changes. was presented. Ingress and egress,:; will be restricted to Elijah' s Lane. All lots facing Elijah',s Lane must be graded to the west and contain rainfall from the road. The .road layout is to be changed also. The Board told Mr. S'aland to have the Health Department locate the test holes as soon as possible and have them sampled. The Board also suggested to Mr. Saland to look at the recharge area in Jackson' s Landing Subdivision. Mr. Saland asked the Board about developing the subdivision in sections. The Board informed him that when a 'subdivision is developed in sections you have to meet the requirements that are in existence at the time of the hearing for the second or third section. If you file for all three sections then you must post bond for all the improvements. You could only develop and file one section at a time. You will be responsible for the highway specifications in effect at the time you file for each section. Southold Town Planning Board - 6 - April 16 , 1973 Mr. Saland asked what was the proportion of the bond to the cost of the road. Mr. Wickham told him about 150% . We require an increase in cost for three years at 10% a year. The County report made by Holzmacher, McLendon & Murrell states that 1 . 4 acres are needed to dilute nitrates and it is reasonable to believe that sometime the Health Department will require 1. 4 or 1 . 5 acres zoning. The Planning Board and the Town of Southold will probably recommend it in some areas. Mr. Saland said they intend to go along with everything the Town Board recommends . Mr. Saland said he would get the test hones done and the topo maps made . Mr. Michael Tsontos appeared before the Board with a sketch of proposed multiple residences off Factory Avenue, Mattituck. The total acreage is about 7 1/. 2 acres. 44 units are proposed. The plan showed a proposed shopping area. The Board told Mr. Tsontos that could not be used. The Board asked what type of community he proposes and how many bedrooms are proposed for the units . Mr. Tsontos said they would like older people and did not know how many bedrooms . The Board told Mr. Tsontos they would discuss the proposal and let him know of their decision. Lefferts P. Edson, Esq. , Rudolph Bruer, Esq. , and Mr . Joseph Donovan came before the Board in regard to Pebble Beach Realty Subdivision at East Marion. Mr. Edson asked if the Board had received a report from the County Planning Commission yet. Mr. Wickham reported that Charles Lind had telephoned and the report would be sent the end of this week and they have recommended changes . Mr. Wickham also said that he had talked with the Town Attorney and he said the Planning Board may not approve anything except what is contained in the Zoning Ordinance in force at that time. The Planning Board has no authority to suggest or recommend. It can only approve on the basis of the Ordinance in force at the time of the final hearing. In this case we -operate directly under the Town Board. This becomes important because the Town Board has made plans for a public hearing on May 8th on the Zoning Ordinance amendments . Mr. Donovan asked if the Board is treating their application as any other application at the present time, and Mr. Wickham said yes . The Southold Town Planning Board - 7 - April 16 , 1973 Planning Board cannot approve a subdivision without approval of the Highway Superintendent and the .Town Board must accept the bond and give us written notice of such acceptance. Mr. Donovan stated that before the property was purchased several feasibility studies were made from many angles and they have some indication as to how things would turn out. Mr. Donovan said they would wait to hear from the Board about the County' s recommendations. Rudolph Bruer, Esq. , asked the Board if they had reached a decision in regard to the proposed minor subdivision for Andrew Hahn at Peconic. The last proposal was for three lots, two of approximately one acre each and one of approximately three acres . The Board told Mr. Bruer the lot with three acres would have to have deed restrictions that it would not be resubdivided. The Board said they would make a decision later in the evening. Mr. Jack Driscoll and Mr. Stanley Waimey appeared before the Board in regard to a proposed minor subdivision for Four Sails Realty at Peconic. The original map showed three lots of approximately 2 .5 acres each, but they presented a revised sketch showing four lots - two of approximately 1 acres and two of approximately 2 . 5 acres. Mr. Waimey and Mr. Driscoll both own a lot adjoining this subdivision which were purchased from the same owner and on the same date as the proposed subdivision. There is an existing right of way over the property which they propose to change to the proposed right of way on the subdivision map. The Board of Appeals granted an approval of access to both Mr. Driscoll and Waimey for their two lots so they can get building permits . The Board stated they felt this was an evasion of the major subdivision regulations and have actually subdivided twice. The Board may only grant two more lots . Mr. Driscoll said they have enough property for eight lots , but don 't want a major subdivision. The Board of Appeals granted the approvals of access with the condition that they not be used for development of property by Four Sails Realty. Mr. Aksin, an adjacent property owner said other property owners have a right of way over the property. The Board will hold this matter for further discussion. n Southold Town Planning Board - 8 April 16 , 1973 . Mr. Karl Lanzer appeared before the Board with a sketch of a proposed subdivision off Mill Road, Mattituck, consisting of 13 .4 acres. Mr. Lanzer said they had intended to sell part of the property to an adjoining owner but he decided not to buy it. The Board informed Mr. Lanzer that very soon the frontage for lots will be increased to 150 feet and his maps will have to comply. The Board also told Mr. Lanzer the layout will have to be changed and a road cut in. He must also meet the requirements for park and playground. The Board told Mr. Lanzer to take his map to the Health Department and have the test holes located and samples taken. The Board received a letter from the Superintenderi;t of Highways approving the layouts of the roads on Sketch No. 2 of subdivision of the Estate of Frank H. Case at Cutchogue. He recommended private roads and adequate drainage for new concept of roads, as recommended by the Suffolk County Soil and Water Conservation District. , Mr. Wickham said he had a telephone call from the Soil. and Water Conservation District -and Young & Young, engineers are reluctant to proceed without an unqualified approval of the Town Planning Board on this new concept of linear drainage. This will also require the approval of the Town Board Highway Committee. There was some discussion about the turnaround for lot #17 and the frontage on lots #4 and 17. On motion of Mr. Grebe, seconded by Mr. Moisa, it was RESOLVED that the Planning Board approves of the proposed concept of linear drainage and highway plan as recommended by the Suffolk County Soil & Water Conservation District for the Subdivision of the Estate of Frank H. Case at Cutchogue as an experiment with the following conditions : 1. The plan (sketch No. .3) must be approved by the Town Board Highway Committee and the Superintendent of Highways. 2 . A 100 foot turnaround must be shown on Lot #17 . 3. Either lot #10 or #21 must be held out and be Southold TPwn Planning Board - 9 - April 16 , 1973 neither sold nor built on for a period of two years. This lot will be held as a possible drainage area if deemed necessary by the Planning Board. Vote of the Board: Ayes : Messrs . Grebe, Moisa, Coyle, Wickham, Raynor. Gary Olsen Esq. , appeared before the Board in regard to a proposed subdivision, Oregon View Estates , at Cutchogue, showing 41 lots . The Board discussed, with Mr. Olsen the changes in the road layout as recommended by the County Planning Commission. The intersections must be at right angles and a dead end road cut in between lots 038 and #39 . Mr. Olsen said they did not have the test holes dug yet. Gary Olsen also inquired as to what the. Board is requiring for the drainage in Laurelwood Estates Subdivision. He said Mr. Weglicki wants to eliminate the circle intersection and make it right angles . The Board reviewed the map and said he would have to get approval from the Superintendent of Highways for the change, but the Board would agree to it. On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Planning Board recommends that the circle intersection of Laurelwood Estates Subdivision be changed so that the quadrands of the circel are brought out to right angles and two catch basins are installed in each one as recommended by Young & Young, engineers, and the developer present the Board with a detailed drawing for approval. This change must be approved by the Superintendent of Highways. Vote of the Board: Ayes : Messrs . Moisa, Raynor, Coyle, Wickham, Grebe. Southold Town Planning Board - 10 - April 16 , 1973 On motion of Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board adopt the amendments to the Southold Town Subdivison Regulations. Vote of the Board: Ayes : Messrs . Moisa, Coyle, Raynor, Grebe, Wickham. On motion of Mr. Coyle, seconded by Mr. Raynor, it was . RESOLVED that the Planning Board approve of the layout for proposed minor subdivision for Andrew Hahn at Peconic with three lots and requires that a legal instrument in recordable form be submitted that lot #3 consisting of approximately three acres will not be resubdivided. Vote of the Board: Ayes : Messrs. Coyle, Raynor, Wickham, Moisa, Grebe. There was some discussion about not allowing minor subdivisions with lots of more than 70,000 square feet. The Board discussed the site plan for Sound Shore Motel'. The Planning Board feels that the dirt should be removed from the pond in view of the bad impression it- . gives and this is to be done before the site plan is given final approval. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that before the Planning Board grants final approval to the site plan ,for Sound Shore Motel and before n Southold Town Planning Board - 11 - April 16 , 1973 a Certificate of Occupancy is issued, all dirt must be removed from the pond, the original water level must be restored and the landscaping completed. Vote of the Board: Ayes : Messrs . Raynor, Moisa, Wickham, Grebe, Coyle. The Board discussed the proposed multiple residences off Factory Avenue. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the proposed site plan for multiple residences off Factory Avenue , Mattituck, presented for M.S .T. Construction Corp. , be denied because the Board does not feel it is an appropriate location for multiple residences in view of the fact that the property is zoned for commercial use and backs up to the railroad. A previous application for multiple residences at this location was denied by the Planning Board. The Board also finds that the plan proposed is approximately 30% higher than the maximum density allowed under the Zoning Ordinance. Vote of the Board: Ayes : Messrs. Raynor, Moisa, Wickham, Grebe, Coyle. On motion of Mr. Grebe, Seconded by Mr . Moisa, it was RESOLVED that the minutes of the March 28th meeting of the Planning Board be approved subject to minor correction. Vote of the Board: Ayes : Messrs . Grebe, Moisa, Raynor, Coyle, Wickham. Southold Town Planning Board - 12 - April 16 , 1973 The meeting was adjourned at 11 : 30 p.m. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board L o n Wickham, Chairman