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HomeMy WebLinkAboutPB-05/30/1973 Y" � FFOC��O Southold. 'Town Planning Board. 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 May 30, 1973 A regular meeting of the Southold Town Planning Board was held at 7.:30 p.m. , Wednesday, May 30, 1973 , at the Town Office, Main Road'r 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; Shirley Bachrach, Leaque of Women Voters. Mr. Philippe Maitrejean came before the Board in regard to a proposed minor subdivision of his property on Ruth Road, Mattituck. The sketch shows two lots with approximately 98 .5 feet frontage on Ruth Road and 1100 feet depth to Long Island Sound. The Chairman informed Mr. Maitrejean that as of May 29th the Town Board had approved Zoning Ordinance amendments, one of which calls for 150 front feet for all lots in the "A" Zone. The amendments will become effective 10 days after publication. Mr. Wickham told Mr. Maitrejean Southold Town Planning Board page 2 May 30, 1973 he could go to the Board of Appeals for a variance or he could set aside some open space and take advantage of the cluster provision, in which case the Board can reduce the requirements by 50% . Mr. Maitrejean said he had been trying to sell the property, but the surrounding property was half acre zoning and his property was approximately 5 acres. He said he had originally done a plan for four lots, but would rather have just two with .about 2 1/2 acres each. The Board asked Mr. Maitrejean about the bank along the Sound. He said the property was protected by the Mattituck jetty. Mr: Raynor said there had been problems with property 'to the east where someone disturbed the bluff. The Board told Mr. Maitrejean that with very large lots there is a tendency of people to come in later to break them. up. Mr. Wickham suggested he present this to the Board of Appeals. The Planning Board has no authority to approve anything contrary to the Zoning Ordinance; the Board of Appeals does. They may approve the two lots , but I dont think they would approve any more than that. The Appeals Board can impose conditions and this Board would recommend that this appeal be granted with the condition that neither lot can be resubdivided. Mr. Maitrejean said he would have no objection to that condition and would apply for a variance. Mr. and Mrs. Harold Koner had an informal discussion with the Board in regard to change of lot lines for Lots #11 and #12 of Vista Bluff Subdivision. Mr. Koner said he would decide how he wants to take title to lot #12 and then come back to the Board if he still wants to change the lot line. Gary F. Olsen, Esq. , came before the Board with a revised preliminary map for Oregon View Estates Subdivision atutcfiogue ',, The Board told Mr. Olsen that the Superintendent of Highways-` will probably want the roads marked "future road" paved with a 100 foot turnaround dotted in on the map. Also the road ends of Gold Spur Street and Old Saddle Lane will have to have 100 foot turnarounds . Mr. Raynor asked the meaning of the "Valley gutter" on the map and Mr. Olsen said he did not know and would find out from the surveyor. The proposed east-west road is north of this property. The Board also told Mr. Olsen the drainage must be computed for a six inch rainfall and 5% of the area must be for park and playground. Mr. Olsen said the water was tested and the nitrates are allright. Mr. Wickham told him to get the Health Department approval, have, the map changed and get a determination from the Superintendent of Highways on the road layout. An application must be submitted and the Southold Town Planning Board - 3 - May 30, 1973 base fee paid, an affidavit of ownership submitted and a legal description of the property. Mr. Olsen said he would get those things and submit them to the Board. Mr. Olsen also reported that he had spoken with Mr. Weglicki in regard to Laurelwood Subdivision and that he is attempting to get Mr. Corrazzini to start on the drainage. Mr. Hochman came before the Board .and requested the location for the proposed east west: The, Board marked a copy of the map with the location for the road and told Mr. Hochman the lot lines would have to be altered slightly. Rudolph Bruer, Esq. , appeared before the Board in regard to Pebble Beach Realty Subdivision at East Marion. Mr. Wickham said he had been advised by counsel for the Town that each subdivision must meet all of the requirements of the Ordinance in force at the time of final approval. The Planning Board has no authority to waive or change any provisions of the Zoning Ordinance. , It appears that in view of the fact that the Town Board approved the amendments to the Ordinance May 29th ,and that it will take 17 days for publication and the required ten days after publication there is no chance of Pebble Beach being given final approval before the effective date of the amended ordinance. Mr. Wickham said it was his personal belief that this Board will say' that the proposed map and application being based on half acre zoning does not and cannot conform. Mr. Bruer stated that, regardless of what the Town attorney has said, they want to proceed in the normal course and get officially a consensus of the whole board outlining whatever it may be based on and whatever reasons it might have when a decision is made. They wish to proceed normally along the course as submitted. Mr. Bruer said he and his clients appreciate the long hours the Board has spent on this subdivision. Mr'. Bruer said .he did not know what action his clients will take. They do not wish to withdraw. He said they were told a hearing would be scheduled and would like a determination. Mr. Wickham said the Board has 45 days from May 18th within which to hold a hearing. In fairness to you we will notify you by letter that this is what we believe. Then, without Southold Town Planning Board - 4 - May 30 , 1973 prejudicing anybody, after the effective date of the new amendments we will take action. The Planning Board is simply advising at this time . Mr. Bruer said his clients appreciate the Board doing this , but he must express the wishes of Mr. Donovan and request that the Board proceed now in the normal course. Mr. Wickham said the Board will take no action tonight except to notify you. Mr. Bruer said he knows of no future action his clients intend to take except that they do desire a determination, and that whatever recommendation is made that it be in writing. Mr. Raynor told Mr. Bruer that the Board is going to have the Town Engineer, Mr. Bage, look at the maps and ask his opinion. Mr. Bruer said there is no objection to that. Mr. Bruer said he thought as a matter of law the old Ordinance would be in effect but he did not know. The Chairman said a letter would be sent, but that the Planning Board has no authority to approve anything other that what is in force at the time of the final hearing. Mr. Bruer,;also submitted to the Board maps for the minor subdivision of Kimon Retzos , approved by the Health Department. On motion of Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED that the minor subdivision map for Kimon Retzos at East Makion be approved and the Chairman is authorized to sign the map. Vote of the Board: Ayes : Messrs. Moisa, Coyle, Grebe, Raynor, Wickham. The secretary to Mr. Harold Reese appeared before the Board on his behalf in regard to Harbor Lights Subdivision. Mr. Wickham read the two letters received from Mr. Reese dated May 21, 1973 , in regard to Harbor Lights Sections 1, 2 , 3 , 4 and 5 . Mr. Wickham asked Mr. Reese ' s secretary to inform him that as late as today the Town Attorney has said that irregardless of preliminary approval a developer must meet the Zoning Ordinance as amended at the time of the final hearing. Sections 4 and 5 will have to come to one acre zoning. The Planning Board has no authority to do otherwise. The Board would like Mr. Reese to come before the Board and discuss this . The Board would suggest that he Southold Town Planning Board - 5 - May 30, 1973 talk to the County Health Department and County Planning Commission. There was some discussion on the change of zone application for Edward Gilles . The Board will send Mr. Gilles a letter and ask him to come to the next regular meeting of the Board on June 13th to discuss the change of zone. On motion of Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED ,that the minutes of the Planning Board meetings of May 1, 1973, May 9, 1973 and May 16 , 1973, be approved subject to correction. Vote of the Board: Ayes : Messrs . Raynor, Coyle, Wickham; Moisa, Grebe. Revised maps for the subdivision for John Groeneveld at Orient were discussed. The Board will require the following changes : (1) lots 410 and #11 do not have sufficient frontage at the building line; must be 150 feet. (2) lot #6 is undersized. (3) the park and playground area must be redesigned. The Board read a letter from Robert R. Caputi, Esq. , addressed to the Building Inspector in regard to Lot #95 , Orient By The Sea, Section Two, requesting a letter that it is ,a buildable lot. The Board will send Mr. Caputi a letter advising him that part of the Map of Orient By the Sea Section II is being abandoned and when this is done the Town Board would "put the remaining part of Section II on the approved list of subdivisions. Y Southold Town Planning Board - 6 - May 30, 1973 Preliminary maps for Orient By The Sea, Section Three were reviewed by the Board. The map is in compliance with the Planning Board' s requirements. On motion of Mr. Grebe, seconded by Mr. Moisa, it was RESOLVED that the map of Orient By The Sea, Section Three be given- tentative approval and that the Southold Town Board be notified that the Planning Board approves of this new Section Three and has in their files a copy of the Certificate of Abadonment for part of Section Two. Vote of the Boare: Ayes: Messrs. Grebe, Moisa, Coyle, Wickham, Raynor. The Board will write to Mr. Uhl, the developer and owner, and tell him of the Board' s action, and that he . has to get approvals from the Town Superintendent of Highways and County Health Department on Section III . The Board is. prepared to hold a preliminary hearing on Section III in the near future. Mr. George Ahlers appeared before the , Board in regard to Southold Commons Apartments. He said he has spoken to the Town Attorney, Mr. Tasker, and it is his opinion. that the Zoning Ordinance requirements for square footage per dwelling unit does not apply to multiple dwellings. . There _ is no delineation in the Bulk Schedule of the Ordinance as to room size for multiple dwellings. There are only limits on the number of units and building size. Mr. Ahlers, said he has to go to the Board of Appeals to get approval to increase the length, of the buildings. Mr. Wickham said he had discussed with the Town Attorney these problems and he concurs with your findings. The Planning Board can't approve the plot plan until the variances are granted on the length of the buildings. The Board could write a letter to the Board of Appeals and say we generally approve this except for the required variances. The Planning Board will want to see the front elevations and a detailed planting plan. The Board asked Mr. Ahlers if. he planned on putting in blacktop or stonebase and he . said he did not know yet. Mr. Ahlers said he plans to have all of the buildings different on the outside and requests approval of the general layout. The Board requested that the buffer strip on the north, be increased to ten feet. The Board granted approval for structural orientation. Southold Town Planning Board - 7 - May 30, 1973 A letter was received from the Southold Town Conservation Advisory Council in regard to their report on a proposed change of zone for property at Budd' s Pond. It was their determination that the property was wetlands . On motion of Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board denial of the application for change of zone for Albert W. Albertson on premises south side of Main Road, Southold, N.Y. The Planning Board bases this recommendation on a report from the Southold Town Conservation Advisory Council stating that the area is wetlands and their recommendation that the change of zone application be denied. Vote of the Board: Ayes : Messrs . Coyle, Raynor, Wickham; Moisa, Grebe. The Board received from Alden Young, P.E . , plans for additional drainage facilities to be installed at Laurelwood Subdivision. The Board reviewed these plans and will require a total of four additional pools installed, instead of the two Mr. Young proposes, unless Mr. Young can give assurance that his plan will take care of a six inch rainfall. A request was received from Robert Tooker, Esq. , in regard to an extension of time on the preliminary approval given for Little Neck Properties Subdivision. On motion of Mr. Moisa, Seconded by Mr. Raynor, it was RESOLVED that the Planning Board grant an extension of time for four months , until October 1, 197.g , for the preliminary approval granted for Little Neck Properties Subdivision. Vote of the Board: Ayes : Messrs. Moisa, Raynor , Coyle, Wickham, Grebe . Southold Town Planning Board -. 8 - May 30, 1973 The Board received a letter from G. Lott Nostrand, Esq. , in regard to changing a right of way on Lot #11 in minor subdivision map for Christie, granted July 19, 1971. The Board reviewed the survey and is not willing to approve this change of right of way. The Board has received replys from the County Planning Commission in regard to change of zone applications for Leisure Greens and Marvin. These will be forwarded to the Town Board, with the Planning Board' s reports, to be set up for hearings . The application for minor subdivision for Louis Ramunni off Horton Lane, Southold was received. On ,motion of Mr. Moisa, seconded by Mr. Wickham, it was RESOLVED that the Planning Board grant approval to the minor subdivision map of Louis Ramunni, Horton Lane, Southold and the Chairman is authorized to sign the map. Vote of the Board: Ayes : Messrs . Moisa, Wickham, Raynor, Coyle, Grebe. The meeting was adjourned at 11 : 30 p.m. Respectfully submitted, Terri Lee Elak, Secretary Southold Town,.Planning Board hn Wickham, Chairman