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HomeMy WebLinkAboutPB-07/16/1973 z Southold Town Planning Board SOUTHOLO, 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 July 16 , 1973 A regular meeting of the Southold Town Planning Board was held at 7 :30 p.m. , Monday, July 16 , 1973 , at the Town Office, Main Road, Southold, New York. There were present: Messrs: John Wickham, . Chairman; Henry Moisa, Vice Chairman; Henry Raynor; Alfred Grebe. Absent: Frank S . Coyle. Also present: Mrs. Lorraine Terry et ano; Mrs. Shirley Bachrach; Andrew Goodall, Esq. ; Mr. Richard Nagy; Mr. Edward Bage, P.E. Mr. Joseph Donovan, Rudolph Bruer, Esq. and Lefferts P. Edson, Esq. appeared before the Board and presented a revised sketch plan for Pebble Beach Subdivision. The plan shows a cluster development with 143 lots on the 163.26 acres . 90 acres, approximately, will be open space. They propose to leave the open land near the Main Road in agriculture; it is presently being farmed. Mr. Donovan said the lots near the bluff are � f Southold Town Planning Board - 2 - July 16 , 1973 approximately 30 , 000 square feet and the rest about 20 , 000 square feet each. Each lot would conform at the building line with 75 feet width. The map shows proposed turnarounds for the proposed east-west road and four cul de sac type roads . They are going to keep the roads private. Beach parking areas are provided for 42 cars and is surrounded by trees. The parking area is divided into seven sections with 6 parking spaces in each section. Mr. Donovan said they will have public water and private septic tanks and cesspools . Mr. Wickham told Mr. Donovan the Planning Board is meeting with the County Sewer Agency and Department of Environmental Control this week and would like to present a copy of the plan. to them. Mr. Donovan said , but they would not be putting in a public sewer system. Mr. Wickham said at the present time each cluster concept has to be taken to the Sewer Agency. The Board wants to get some guide lines from them. Mr. Wickham said he has talked to the County Executive about it and he is favorably inclined. You will have to get approval of the Town Superintendent of Highways for the roads . The roads are technically not cul de sacs . Our regulations do say that roads have to dead end at the property line. You could give an easement on each one. Mr. Donovan said he would have no objection to that. They propose not to dedicate the roads to the Town but don't know what can happen in 10 or 15 years . Mr. Wickham said the turnarounds can be dotted in on the map; it would not reduce the square footage of the lots. The area would be marked for possible future dedication to the Town. Mr. Donovan said they have studied their financial and legal position on this and have tried to come up with what they understand to be the spirit of cluster zoning. This plan is the end result. We would ask the Board to .'give us a public hearing as rapidly as possible. Mr. Raynor asked what he was going to have for the average setback and Mr. Donovan said 35 feet. Mr. Raynor asked if he would consider 50 feet, due to the depth of the lots. Mr. Donovan said he would have no particular objection to 50 feet, but on some roads there would be problems. Along the bluff there is a special problem. The lots along the bluff have a 100 foot setback from the bluff line. Mr. Wickham told Mr. Donovan to present his map to the Town Superintendent of Highways and get a report from him for the next meeting of the Board. The Planning Board will talk to the County Sewer Agency. After those things have been cleared there is no reason why you can 't have a Preliminary Hearing. Have your engineer mark the courses and distances on the map for the Preliminary Hearing and submit a legal description. Mr. Raynor asked Mr. Donovan if he still plans to retain as many trees as possible and Mr. Donovan said yes , except for those to be removed in the building process . Mr. Donovan said approximately 40 acres would be left for farm land. Mr. Donovan said he would be at the next meeting of the Board. Southold Town Planning Board - 3 - July 16 , 1973 Lefferts P . Edson, Esq. , came before the Board in regard to a proposed minor subdivision for Clement W. Booth off North Lane, Southold. The map shows four lots on the approximately four acres . The map shows another lot owned by Mr. Booth, but it is not contigious to the minor subdivision. Mr. Wickham told Mr. Edson the boundary of the subdivision must be marked in heavy lines and the map must show the names of the property owners acress the streets . Mr. Peter Warren came before the Board and said that the owner and real estate agent for Laurel Country Estates has been telling people buying lots there that they have the right to use the beach (between the Sealy and Arthur homes) . Mr. Warren submitted a copy of a letter sent to neighbors from the Boulevard Residents Association dated July 15 , 1973 , and a copy of the Planning Board minutes of March 24 , 1970, of the public hearing for Laurel Country Estates . In the minutes the attorney for Laurel Country Estates stated they would not deed out any beach rights with the lots. Mr. Warren said he would like the Board to write a letter to the developer. Mr. Wickham received the following telegram over the telephone in regard to this matter from Dr. and Mrs . Philip Ziring: "At the March 24 1970 meeting of the Southold Town Planning Board the map of the Laurel Country Estates Subdivision was approved without beach rights. In the last few weeks many of these Laurel Country Estates residents have chosen to defy this decision thus creating a health hazard and potentially dangerous confrontation with members of the Boulevard Residents Association who have deeded beach rights. As members of the Boulevard Residents Association we request the Town of Southold use whatever means it thinks necessary to enforce the March 24 1970 decision. " Mr. Wickham told Mr. Warren the Board will look into the matter and take the . necessary action. Mr. Gus Schad and Dick Lark, Esq. , appeared before the Board in regard to the site plan for condominiums for Brecknok Hall. Mr . Schad presented a new site plan for the buildings . Mr. Schad said he had found out that the Zoning Ordinance only allows four units per building and his plan is for eight units. The new site plan shows the buildings clustered and the parking area would be dropped down. Mr. Moisa told him there may be a problem with drainage. Mr. Lark said under this plan he can't build. He can 't have more than four Southold Town Planning Board - 4 - July 16 , 1973 units under any given roof . The concept will have to be re-thought. With the 145 acres he could have multiple . residences on 30 acres and file for a subdivision on 70 acres with a cluster. . The advantage is to have the scenic easement and open space on the residential. Mr. Wickham said if the Ordinance says no more than four units we have no right to vary that at all. There are some ways of, doing it;, you could in some way divide the units. Mr. Wickham said the multiple residence plan and cluster plan will have to be handled separately. Mr. Wickham said in, this particular case he would have no objection to him going to the Board of Appeals. The Planning Board is meeting with the Board of Appeals and would be glad to talk to them about it. We would give a letter of recommendation. Mr. Schad said this new plan is much different. There is no trouble with spacing and the density is the same. Mr. Lark said they plan to tie in the roads, sewage, water and drainage with the "A" cluster concept. Mr. Schad said they would be individual homes but under condominium ownership. Mr. Lark said by clustering they would save money on building and preserve open space. With condominium ownership then can share in the open space. Mr. Schad said there are 57 acres with the condominium area and about 30 buildable acres; the residential area is about 74 acres - with clustering about 36 acres would be left open in the "A" zone. Mr. Schad left the .new site plan map and Mr. Wickham said he would discuss it with the Board of Appeals and Town Board. Robert Tooker, Esq. and Jim Reeve came before the Board in regard to Little Neck Properties Subdivision. Mr. Tooker said the nitrate level had dropped and they have approval of the County Health Department. Because of the new amendment to the Zoning Ordinance changing the frontage to 150 feet their map does not now comply. All the lots are over 40 , 000 square feet and three lots do not have the required 150 feet frontage. Mr. Wickham told them the Town Attorney has said the Planning Board has no authority to approve anything that does not comply with the ' Ordinance. Mr. Tooker asked if the Board could recommend to the Board of Appeals to grant relief . He said they have another alternative and that is too' revise the map. He presented a sketch plan of a cluster development with 11 lots, each having 40 , 000 square feet and approximately 140 feet frontage. The open space would be about 25% . This would satisfy the Health Department' s requirements. They would Southold Town Planning Board - 5 - July 16 , 1973 lose two lots but would not have to construct roads. Mr. Tooker said they have been assured by the Health Department that the nitrate problem is taken care of. Mr. Tooker said the park and playground area would be landscaped and put under a Home Owners Association. Mr. Tooker also said the Health Department did require a provision on the map that before any house can be constructed the well must test satisfactorily. Mr. Wickham said in many of the cluster -concepts you have to get approval of the County Sewer Agency and to date they have not established a criteria. We are meeting with them on Wednesday night and will discuss this with them. Mr. Tooker said the map would comply with both the County and Town requirememts. Mr. Donald Cohen came- before- the Board with a proposed minor subdiwis'on .for Manuel Almeida. Mr._ Cohen said Mr,. Almeida has a contract to purchase the property. There is an existing right of way going to the Sterling property. The owner is Klam Properties. Mr. Richard Sterling holds the first mortgage. Mr. Wickham said this property was susposed to have been given to Mr. Sterling' s son and daughter. This is no reflection on you. Mr. Sterling said he was going to give the parcel to his son and daughter. Mr. Wickham said the Board will require an affidavit of ownership; we want tb know the names of everyone having an interest. Mr. Cohen said he will submit the affidavit. Mr. Wickham said the Board will also require a legal instrument' in recordable form that no lots can be resubdivided. Mr. Cohen said he would -submit the documents for• the next meeting of the Board. Mr. Leo .Kwasneski appeared before the Board in regard to Sleepy Hollow Subdivision. Mr. Kwasneski said he talked to the Town Board and the Superintendent of Highways. They told him to come back to the Planning Board on the park and play- ground. Mr. Kwasneski asked if money could be paid in lieu of park and playground. Mr. Wickham said we have never accepted funds in lieu of land and would have to have the approval of the Town Board to do it. The Planning Board is meeting with the Town Board on Wednesday and will discuss it with them. Mr. Kwasneski said the test holes and test wells have been marked on the map. Mr. Kwasneski said he thought part of lot #14 would be a good place for the park and playground. The tota•1 area is approximately 17 1/2 acres and there are 14 lots. Mr. Wickham said he did not think the park and playground would Southold Town Planning Board - 6 - July 16 , 1973 interfere with the lot area for lot #14 . Mr. Wickham said the property marked Howell ' s Meadow belongs to the Nature Conservancy. He asked Mr. Kwasneski about giving a fairly narrow strip of lot #1 which would tie in with the Nature Conservancy area so that the public could use it. The Howell people offered the property to the Town of Southold before anyone else. We tried to work out something but could not. Mr. Kwasneski said he would go back to Van Tuyl and asked about the requirements for filing an application for a preliminary hearing . Mr. Wickham told him he has to file an application, a filing fee of $50 plus $5 per acre, twelve copies of the map and profiles with the Town Clerk and get a letter of approval from the Superintendent of Highways. The park and playground could be settled out later. Charles Cuddy, Esq. , and William Schriever came before the Board in regard to the proposed cluster development at Orient. Mr. Cuddy said they are going to go to the Town Board for the change of zone. Mr. Raynor asked Mr. Schriever if he had made any positive progress in transferring the land to the adjacent property owners and Mr. Schriever said he has permission from a few. Mr. Wickham suggested if he were to give the Town a negative easement on the open space then he could sell it subject to the negative easement. The negative easement is on the land, not on the owner. Then he could do some of these things after the fact. The land could not be built on, nor could any structures be placed on it. They still have to go to the Town Board and the open space must be in the ownership of the property owners association or some other approved agreement. The: Board suggested he put a negative easement on the open space. Mr. Cuddy asked about the proposed widening of the road. The Board told him they didn 't think the Town Board would approve 70 feet. That jurisdiction would be under the Town Board and the Highway Committee. Mr. Wickham said if the Main Road is 66 feet he would be on stronger ground to try for 66 feet. Mr. Schriever said his reason for suggesting 70 feet was because of the amount of traffic on the street created by the fire department, cemetery and the excavating business . Mr. Schriever also said he talked to the Supervisor about the sump and he told him there would be objection to the zone change. Mr. Schriever said there is a nitrate problem and they may want to put in a public water system. Mr. Wickham said the Board would talk to the Town Board about the development. The open space would not be deeded to the Town, but would remain in the owners hands to let him make what arrangements he wanted. At a future time it would become the property of the home owners association. Southold Town Planning Board - 7 - July 16 , 1973 Mr. Steve Tsontkas presented a revised sketch plan for Peconic Knolls Subdivision. Mr. Tsontkas said the two lots owned by Messrs . Driscoll and Waimey are now included in the subdivision and they extended the roadway and allowed for a turnaround. Mr. Tsontkas said he had spoken to the Superintendent of Highways and he will allow a waiver on the curbing. Mr: Wickham said the Board will send the, map to the Superintendent of Highways for his official comments. The Roads will be private and conform to the Highway Specifications . The existing right of way over the property will be ,changed to the road by agreement. Mr. Wickham said that must be taken care of and a copy of the agreement given to the Board. Mr. Axien, who has a. right of way over the property inquired about the road and how to go about changing the right of way. The Board told Mr. Tsontkas he must file an application, a base fee and twelve copies of his preliminary map and profiles with ,the Town Clerk. He must also submit a letter of disclosure, a legal description of the property and the Board must have - approval of the Superintendent of Highways before this can be set up for a Preliminary Hearing. The Board discussed Inlet East Subdivision with Bill Esseks, Esq. Mr. Esseks said the lots had been changed to conform with the 150 foot frontage requirement. Mr: Wickham said the Board will need the detail on the drainage and the courses and distances must be marked on the map. The Board will submit the map to the Superintendent of Highways. Mr. Ed Bage, P.E. , Town Engineer spoke to the Board in regard to roads in subdivisions that go to the shore. He said the . Highway Specifications call for barriers at the road ends . They would keep the public from using the roads as public thoroughfares . Corey Creek Subdivision put in a road that has become a public thoroughfare; it is a private road. The homeowners want to include ,.a gate in the barrier-. Mr. Bage said the barriers should be,. put up at road ends in all subdivisions. that have roads ending at the shore. Mr. Bage also said that preliminary maps for subdivisions should include station and station cuts in the profiles . The Board asked Mr. Bage to submit criteria for this . Southold Town Planning Board - 8 July 16 , 1973 Mr. Richard Nagy asked to speak to the Board in regard to work being done at Major ' s Pond, Orient. Mr. Nagy said fill has been dumped -in and around the pond. Mr. Nagy presented a copy of a letter sent to him by the Building Inspector dated July 5th, stating that the Town Engineer was going to inspect the work being done. Mr. Bage said some of the work being done was in connection with the park for Willow Terrace Subdivision. Mr. Nagy said eight loads of fill has been dumped' since 'last week. Lorraine Terry presented pictures of the work being done and the fill placed around Major ' s Pond taken on July 4 , 1973 . Mrs. Terry asked if Section II of Willow Terrace borders on Major' s Pond. Mr. Moisa said Section I has park and playground on his own property, Section II is not approved. Mr. Nagy said a parcel of property in Willow Terrace Section was sold in December 1972 which was 6/10ths of an acre. Mr. Wickham said he cannot bring in a subdivision map and subsequently sell one ,of the lots off of it. He is entitled to no consideration. The Health Department Review Board told him to reduce the subdivision, Willow Terrace , Section II, from 22 to 15 lots . Lorraine Terry asked if a sand and gravel permit had ' been issued to Mr. Douglass. Mr: Wickham said that record .would be with the Town Clerk. I have been told that he had a permit. This is a Town Ordinance. Mr. Wickham thanked' them for coming in and Mr. Nagy for his letters. Mr. Axien again came before the Board in regard to Peconic Knolls. He wanted to know about the change in the right of way. Mr. Wickham said every property owner must agree to the change. The road has to be built to Town' s specifications; 36 feet paved. The road must meet the standards even though it is not dedicated. The Subdivision cannot be approved unless the right of way is shown on the map or eliminated. Lorraine Terry reported that she- had more information on the _cemetery at Major' s Terrace. The cemetery was a private burial ground. It was primarily a King cemetery. She said she called Title Guarantee and a man there told her there were State regulations covering these things. Mr. Wickham said the Board would be glad to know of any State regulations or anything filed with the County Clerk on the-�c.emetery. Southold Town Planning Board - 9 July 16 , 1973 On motion of Mr. Moisa, seconded by Mr. Grebe, it was RESOLVED that the preliminary plat of Fairway Farms Subdivision .located at Cutchogue, New York, be approved subject to the approvals and endorsements of all necessary Town, County and State Agencies and subject to the following modifications of the subdivision map dated July 13 , 1973 : (1) map must show construction of the road to the )southerly boundary of lot #17 ; (2) map must show lot to be' reserved for .possible future drainage; ".(3') -lots #33 and #34 must have 150 feet frontage on road; (4) property in name of Estate of F. H. Case immediately adjacent to Cedars Golf Club must be included in subdivision. Vote of the Board: Ayes : Messrs. Moisa, Grebe, Wickham, Raynor. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the preliminary plat of Crown Land Lane Subdivision located at Cutchogue, New York, be approved subject to receipt of a copy of the preliminary map showing courses and distances and subject to the approvals and endorsements of all necessary Town, County and State Agencies. Vote of the Board: Ayes : Messrs. Raynor, Moisa, Grebe, Wickham. , On Motion of Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the Planning Board waive the requirements for submission of the application and fee for Orient-By-The-Sea Section 3 , two weeks prior to the meeting of the Board and set July 30, 1973 at 7 :30 p.m. for a preliminary public hearing. Vote of the. Board: Ayes : Messrs. Raynor, Grebe ; Wickham, Moisa. Mr. Raynor reported that Mike .Tsontkas has talked to him and wants to present plans for an adult home off Factory Avenue, Mattituck to the Board at its next meeting. He also reported that some people have talked him about fixing the roads in Southold Town Planning Board - 10 - July 16, 1973 Deep Hole Creek Estates . They want assurance from the Town Board that they will take the reads over after they are fixed. The Board will recommend that they get in touch with the Town Board, as they are anxious to institute a road improvement district. In regard to Little Neck Properties subdivision the Board will require a schedule of plantings for the open area. In regard to Peconic Knolls subdivision the Board will require a letter from the Superintendent of Highways in regard to the waiver of the curbs. On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the June 13th and June 29th minutes of the Planning Board be approved. Vote of the Board: Ayes : Messrs. Moisa, Raynor, Grebe, Wickham. On motion of Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the next regular meeting of the Southold Town Planning Board will be July 30, 1973 , at 7 :30 p.m. , at the Town Office, Main Road, Southold, N.Y. Vote of the Board: Ayes : Messrs . Raynor, Grebe, Wickham, Moisa. The meeting was adjourned at 12 : 00 midnight. Respectfully submitted, hn Wickham, Chairman Terri Lee Elak Secxeta Southold Town planning yyard