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HomeMy WebLinkAboutPB-06/29/1973 Southold Town Planning Board An SOLJTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Malsa Alfred Grebe Henry Raynor Frank Coyle M I N U T E S SOUTHOLD TOWN PLANNING BOARD June 29, 1973 A regular meeting of the Southold Town Planning Board was held at 7 :30 p.m. , Friday, June 29, 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. Absent: Alfred Grebe (due to unfavorable weather conditions) . Also present: Jean Tiedke, League of Women Voters; Ronnie Wacker, The Suffolk Times; Andrew Goodale, Esq. ; Lorraine Terry et ano. THE CHAIRMAN: I will -call the meeting to order on the hearing for preliminary approval for subdivision plat known as "Fairway Farms" located at Cutchogue, New York. , Vice Chairman Henry Moisa read the Legal Notice of hearing as follows :- Southold Town Planning Board - 2 - June 29, 1973 NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the, Southold Town Planning Board at the Town Office, Main Road, Southold, New York, in said Town on the 29th day of June, 1973 , at 7 : 30 o'clock in the evening of said day, on the question of the preliminary approval of the following plats : 1. Plat of property owned by Fairway Farms ; Inc. , entitled "Fairway Farms" , consisting of a parcel of land situated at Cutchogue, in the Town of Southold, Suffolk County, New York, and bounded and described as follows : (It was found that the subdivision map did not have courses and distances marked on it and could not be compared with the legal description.) THE CHAIRMAN: I will entertain a motion to dispense with reading of the description in the Legal Notice in view of the fact the map does not have courses and distances marked on it and request that the map be corrected. Mr. Coyle made the motion and Mr. Moisa seconded. The vote was unanimous . Mr-. Moisa continued reading the Legal Notice as follows,'.-- Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated: June 15 , 1973 . BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM,' CHAIRMAN Mr. Moisa read the affidavits of publication €J�.oinsting the newspapers . " µ THE CHAIRMAN: I will read the letter from the Superintendent of Highways, dated April 24 , 1973 ; Gentlemen: I have inspected the map of Subdivision Sketch No. 3 of the Estate of Frank H. Case and approve of the layouts of the roads . This inspection supersedes the Southold Town Planning Board - 3 - June 29 , 1973 April 16th inspection of Subdivision Sketch No. 2 . I recommend that these should be private roads and must have adequate drainage for this new concept of roads . Very truly yours, Raymond C. Dean Sup' t of Highways THE CHAIRMAN: I have a letter dated May 21, 1973 , from Mr. Russell B. Case giving the names of the owners of Fairway Farms Subdivision. I would like to say that this subdivision, Fairway Farms, is the first subdivision to come before this Board under the new regulations outlined by the State whereby we have preliminary hearings. Up until this time hearings were not held until the end. At the time of the preliminary hearing it is not necessary to have the approvals of the County Departments of Health, Environmental Control or Planning. One other item of importance in connection with this particular subdivision is the drainage for the highway is following a new concept which has been designed and promoted by the Suffolk County Soil and Water Conservation District. I have a letter from Mr. Charles Barnett of the Soil and Water Conservation District outlining this concept. This drainage conception has been approved by this Board as a pilot project for this subdivision. We have sent a letter to the engineer for this subdivision stating our approval in advance. We have the verbal approval of the Town. Board Highway Committee and the Town Superintendent of Highways . I think it would be in order to say that the procedures under this new type of preliminary hearing have not been completely ironed out and it is rather fitting that this first subdivision plot should in itself be a pilot project. Does anyone wish to speak in opposition to this subdivision plot entitled "Fairway Farms"? JEAN TIEDKE: I would just like to ask a question about lots #18 , 19 and 20 as they are particularly low, down to the 7 foot contour line. THE CHAIRMAN: The gteatest part of these lots is high enough for buildable land. This land has been farmed. JEAN TIEDKE : East Hampton and Shelter Island Towns have elevation contour levels. Southold Town Planning Board - 4 - June 29 , 1973 THE CHAIRMAN: The lot area can include land that is below the contour and the location of the house is on the buildable land. Hearing no one speaking against this , does anyone wish to be . heard in favor of this subdivision? RUSSELL B. CASE: We are in favor of it. We think that, we have, and I had hoped to- make this, the finest subdivision around here. This has been a farm in the family for many years . This is a case where we are forced by the present school taxing system to do this . Rather than have it turn. into just another development, we have tried to make it into the very finest development we could. . The Planning Board has worked along with us on this . THE CHAIRMAN: I think it would be appropriate, to make a comment about the experiments Charles Barnett,' .of the Soil and Water Conservation District did there. . RUSSELL B. CASE.. Mr. Barnett and another 'Soil Conservation man were working on a new idea to conserve water and eliminate the pollution that has been caused by the present drainage system in some places. They needed a controlled experiment to carry out some of their ideas . On Mr. Babcock' s property next to Fairway Farms Subdivision they dug trenches, and filled them with sand. They built scale models of the swail system. They used 2000 gallons of water in the first hour and then immediately followed with 2000 more. gallons to check the amount of water that could be absorbed. With this system you don't have to have curbs and gutters. It provides means for the water to be absorbed into the ground where it falls rather than run down to a drainage system. This is a pilot project and I think the Planning Board deserves more credit; it is a great step forward. I did not like the idea of having something that even looks like a suburb and this does not. I have talked with Mr. Villa in the Health Department and he agrees with the idea. This is a water conservation idea. I think we have done as good a. job as anyone could have done with the suggestions and guidance of quite a few experts in the field. THE CHAIRMAN: We have told the developers that this new concept in all probability will cost more than the installation of curbs and gutters and conventional drainage structures and they are still anxious to proceed. Southold Town Planning Board - 5 June 29 , 1973 The pollution from the typical storm water drainage system can be very detrimental to agriculture. If no one else wishes to be heard, I will declare the hearing closed. We •will have a determination at a later date and I thank you for coming in. Speaking for the Planning Board, let me compliment you on this whole concept. THE CHAIRMAN: I will call to order the hearing for ,preliminary approval for subdivision plot known , as "Crown Land Lane" located at Cutchogue, New York. Vice Chairman Henry Moisa read the Legal Notice of hearing as follows :- Plat of property owned by Crown Land' Lane, Inc. , entitled " Crown Land Lane" , consisting of' a parcel of land situated at Cutchogue., in .Ithe Town of Southold, Suffolk County, New York, and bounded and described as follows : (It was found that the subdivision map did not have courses and distances marked on it and could not be compared with the legal discription. ) THE CHAIRMAN: I will entertain a motion to dispense with reading of the description in the Legal Notice in view of the fact the map does not have courses and, distances marked on it and request that the map be corrected. Mr. Moisa made the motion and Mr. Raynor seconded. The vote was unanimous. Mr. Moisa read the affidavits of .publication from the newspapers . THE CHAIRMAN: The file contains ,a copy of a letter to Mr. Lefferts P . Edson dated June 1 , 1973, from the County Department of Health and reads as follows : Dear Mr. Edson: This is to inform you that the Review Board has been furnished all the pertinent data as to test hole and test well results for the proposed subdivision of Crown Land Lane in Cutchogue, Town of Southold. Southold Town Planning Board - 6 June 29, 1973 The Review Board has scheduled its next meeting date for June 19 . At that time the Board will make a determination on your request based on the information as supplied by this office. ` You should receive a written notification of the decision approximately two weeks later. It is not necessary for you to appear on the 19th, as the Review Board has a full transcript of the hearing and was just awaiting the other data. If you have any questions, please contact this office. Very truly yours, Robert A. Villa, P.E. Chief General Engineering Services THE CHAIRMAN: This office has been in touch by telephone with the Review Board and we understand this is being acted on favorably. We have a letter from the Superintendent of Highways dated June 6 , 1973 , as follows : Gentlemen: I have inspected the Preliminary Map and Profile of Crown Land Lane at Cutchogue, New York, and approve of the layout. Very truly yours, Raymond C. Dean Sup't of Highways THE CHAIRMAN: We have submitted to the Town Board Highway Committee a letter of approval for the highway layout but it has not yet been forwarded to this office. We do have verbal approval from the Highway Committee. Again, I would like to comment on.,this. This being the second preliminary hearing on a subdivision to come . before the Planning Board .it is also interesting to note that this is the first cluster concept that we have had in the Town of Southold. I would like to state that I attended the hearing before the County Executive at which were present the County Department of Health and Department of Environmental Control and spoke for this cluster concept with the developer, Mr. Edson. I am so gratified to learn that the Health Department is looking favorably on it. At this time I will open the hearing to Southold Town Planning Board - 7 - June 29 , 1973 those who wish to speak in opposition to the subdivision entitled Crown Land Lane. RONNIE WACKER: It seems like a good layout in regard to space with the playground. Why is not the open land up near the road and the houses away from the Main Road. HENRY RAYNOR: In most places the land on the road is, built up - and in this particular case the best agricultural land is at the north end. The property is immediately adjacent to a farm operation and if we want to maintain the land in agriculture we have to plan for it. One way is to keep the center core in agriculture and develop the land on the highways . LORRAINE TERRY: What does deeded control mean? HENRY RAYNOR: The new amendments are specific as to what has to be done with the open space. JEAN TIEDKE : How many options would the home owners association have? i THENCHAIRMAN: One is by mutual agreement between the Town Board, the developer and the Planning Board. Does anyone else wish to be heard in favor of the development? JEAN TIEDKE : I think it is a great idea. LEFFERTS P . EDSON: I ask that consideration be given to approval for this subdivision. THE CHAIRMAN: I would like to say that Mr. Edson has been most cooperative , in carrying out this new concept and worked with the Planning Board on what we consider a pilot project. HENRY RAYNOR: This particular concept was discussed with East End planners and no one had had a developer come up with a concept as close to the cluster idea. THE CHAIRMAN: The Planning Board has had authority to cluster before but the Town Board had not put in controls before this. In the interest of time I am going to declare the hearing closed and we will make a decision at a later date. Southold Town Planning Board - 8 - June 29, 1973 Mr. Harold Reese appeared before the Board in regard to his subdivision Harbor Lights, Sections IV and V. He asked the Board ' s permission to take the matter up with the County Attorney. Mr. Wickham told him he could take it up with anyone he wished. The Board feels this is another case where there are a combination of other circumstances . There is also the possibility of getting the subdivision placed on the approved list of the Town. You are free to move in any way you wish. Mr. Reese said he did not want the Board to think he was undermining their authority. Mr. Wickham sa1dE.the Board recognizes he has some problems with highway approval and dedication and this Board feels that you have had a difficult time and some of the problems are not of your own making in some cases . The roads in some of your subdivision are not very satisfactory. Mr. Reese said he recognizes this . We have given out a contract under the supervision of the Superintendent of Highways. Mr. Reese thanked the Board and left. Joseph Saland and Howard Young came before the Board in regard to Elijah' s Associates Subdivision. Mr. Saland said he had submitted his preliminary application and maps to the Town Clerk on June 25th. Mr. Wickham told him the Board is breaking new ground on this and we simply don 't know how we are going to move. The new amendments say we have 45 days to act after we accept an application. For this reason there are going to be some circumstances. when we will not accept a preliminary. Mr. Saland said he realizes the Board is not accepting the preliminary submission at this time. He would just like the Board to look at the plans. Mr. Wickham told him the amended regulations say 45 days after official submission. We are also going to have approval of the sketch plan. We are not going to accept an application until we have an approved sketch plan. The Planning Board has not yet ,approved the sketch plan. We don 't want to be forced into a position where we have to hold a hearing in 45 days when things such as submission to the Planning Commission has not been made. We will look at your plans now. Mr. Saland said he has submitted the map to the Superintendent of Highways . The Board discussed the drainage facilities for the subdivision and in particular lots #5 , 6 and 7 . Mr. Wickham said the Board would like to submit the map to the Soil and Water Conservation District for their comments . Mr. Young said they are willing to do whatever the Planning Board and Highway Department wants . Mr. Wickham said Mr. Barnett of the Soil and Water Conservation District is quite experienced in this sort of thing. Southold Town Planning Board - 9 - June 29, 1973 Mr. Young asked the Board about the developer ' s responsibility for drainage on Elijah' s Lane. Mr. Raynor told him he has to .retain the water on his property. The Subdivision Regulations say you must retain water for 200 feet along the highway. There was some discussion about putting the sump on lot #6 . Mr. Raynor asked Mr. Young about filling the recharge basins with sand and covering them over. Mr. Young said it was his opinion it would not work. The recharge basin would not hold as much water if it were filled with rocks. Mr. Wickham asked about diffusion wells. They are a fairly deep well that has to be in 40 feet of water down to sand and gravel and when water comes off the highway it goes down the shaft. Mr. Young said the recharge basin would be cheaper. Mr. . Wickham referred to the Section in the , Subdivision Regulations regarding building on lots considered to be unacceptable. Mr. Young asked about piping the water over to the recharge basin. Mr: Wickham said it is not within the Board's jurisdiction to tell you how to do it. We can tell you a lot is unbu.ildable. Mr. Raynor asked if there was any problem getting depth in the recharge area and Mr. Young said he did not think SO. There was some discussion about clustering and Mr. Saland said this was started before clustering was allowed. The Board thanked Mr. Saland and Mr. Young for coming in and said they will submit the map to the Soil and Water Conservation District. Mr. Steve:K_Tsontkas came before the Board" and presented a subdivision sketch for Peconic Knolls , Inc. , at Peconic. The map shows 7 lots all of approximately 40, 000 square feet and a park and drainage area of approximately 20, 000 square feet. Mr. Tsontkas said he is under contract for the property from Four Sails Realty. Mr. Wickham said the property was sold to Mr. Tsontkas after the owners took out two parcels. In 'many cases the Planning Board won�.t accept a subdivision like this. They are evading the major subdivision law. This is subdividing property. I am prepared to suggest that we may not accept this subdivision from you or anybody else. I suggest you talk to the owners. They disposed of it in a manner that prejudices this Board. Mr. Raynor said this is the fourth layout of this property to come before the Board. Mr. Tsontkas asked about purchasing the two pieces of property and how he should proceed. Mr. Wickham said he did not need to buy the lots as long as they were in the subdivision. If they are included then you have subdivision Southold Town Planning Board - 10 - June 29 , 1973 of the property in accordance with the regulations of the Town. Mr: Tsontkas asked about the road width that would be necessary. Mr. Wickham said the right of way must be 50 feet and 30 feet has to be paved. He suggested • Mr. Tsontkas talk to the Superintendent of Highways. Mr. Tskontkas said he would talk to the owners about the two parcels . A letter was received from the Superintendent of Highways disapproving the Preliminary Subdivision plan for Lorraine Hochman, Cutchogue. The Board will discuss the layout with him at a special meeting Monday, July 2nd. The Board discussed Willow Terrace, Section II . Mr. Moisa said a hearing had not been held on Section II . This matter will be discussed with the Town Board Monday, July 2nd. There was some discussion with Lorraine Terry and others present about fill being put in Majors Pond, Orient. Mr: Wickham said it was not an approved subdivision and the owner has no authority to move land. . The Board will look into this and Mrs . Terry said she would submit a letter to the Board. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the bill from The North Fork Press for 100 copies of the Amendments to Subdivision Regulations in the amount of $180 . 00 be paid. Vote of the Board: Ayes : Messrs. Raynor, Moisa, Coyle, Wickham. Southold Town Planning Board - 11 - June 29, 1973 The Declaration of Covenants and Restrictions for minor subdivision for Milton Mehlman, Platt Road, Orient were submitted by Michael Weinstein, Esq. On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Planning Board approve the minor subdivision map of Milton Mehlman, Platt Road, Orient, and will record the Declaration of Covenants and Restrictions with the Suffolk County Clerk`i. The Chairman is authorized to sign the map. Vote of the Board: Ayes : Messrs. Moisa, Raynor, Wickham, Coyle. A letter was received from Joseph P. Hoey, Esq. , in regard to an extension of time to complete the roads in Town Harbor Terrace Subdivision, Southold. The last extension was granted until June 15 , 1973 . , On -motion of Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the Planning Board grant, a final extension of time to complete the roads in Town Harbor Terrace Subdivision to September 1 , 1973 . Vote of the Board: Ayes: Messrs : Coyle, Moisa, Wickham. Nay: Mr. Raynor. On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Planning Board will send the following letter to Rudolph Bruer, Esq. , attorney for Pebble Beach Realty: Dear Mr. Bruer: The Planning Board has determined that the map of Pebble Beach Realty Subdivision does not comply with the presently existing Zoning Ordinance of the Town of Southold. The map will have to be revised to. meet the require- ments of the amended Ordinance. Southold Town Planning Board - 12 - June 29 , 1973 Vote of the Board: Ayes : Messrs . Moisa, Raynor, Coyle, Wickham. The Planning Board will require Sketch Plan Approval to their requirements before a preliminary application can be made. Other coorespondence received and reviewed by the Board: Letter from Richard C. Wilton in regard to water consumption for KOA Kampgrounds. Letter from Republic Financial Services , Inc. , bonding company for Laurelwood Estates stating they have been contacted by Mr. Weglicki and are satisfied that the development is proceeding to completion as planned. Received notification from the Suffolk County Planning Commission that they received no adverse response to the Amendments to the Zoning Ordinance. Received a letter from Charles Cuddy, Esq. , that he would be pleased to discuss. =the proposed cluster development proposed by William Schriever at Orient with the Town Board and Planning Board.. Southold Town Planning Board - 13 - June 29, 1973 Letter received from the Superintendent of Highways approving of the layout for Oregon View Estates Subdivision at Cutchogue . The meeting was adjourned at 11:15 p.m. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board J hn Wickham, Chairman