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HomeMy WebLinkAboutPB-09/06/1967 oS�FF��o Southold Town Planning Board O T SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman., Henry Moisa Alfred Grebe William Unkelbach Frank Coyle MINUTES SOUTHOLD TOWN PLANNING' BOARD September 6, 1967 A regular meeting of the Southold Town Planning Board was held at the Southold .Town Office, Main Road,, Southold, New York, at 7:30• P.M. , Wednesday, September 6, 1967. There were present: Messrs: John Wickham, Chairman,. Henry Moisa, William Unkelbach, Alfred Grebe. Frank Coyle-was present - later in the meeting. Also present: Messrs: Otto Van .Tuyl, Consultant; Howard Terry, Building Inspector; Lawrence _Tuthill, Inspection' Engineer. THE CHAIRMAN: I will open the meeting at this time and Y will read the legal notice of Hearing. "LEGAL NOTICE, NOTICE OF HEARING NOTICE .IS HEREBY GIVEN that pursuant to Article 16 of Town-Law a public hearing will be held.by the Planning Board of the Town of' Southold,. Suffolk- County, New .York, at the Southold Town..Office, Main Read, Southold, New York on the 6th day of September, 1967, at .7:30 P.M. (E.D.S."T. ) on said date in the matter of adoption of amendments to the Rules and Regulations for the Subdivision of Lard in Town of Sout1r1d. - Said proposed amendments may be examined at the Southold Town Clerk's Office. All interested persons .sho-uld appear at the time and place above specified. ' } J 1 Southold .Town Planning Board -2- September 6, 19.67 "Dated: August 9, 1967, By Order Of The Southold Twon Planning Boar�P, John Wickham,- Chairman. " THE CHAIRMAN: I have the Proofs of publication from the' Suffolk Weekly Times and the Long Island Traveler-Mattituck Watchman. (Affidavits of publication were read. ) THE CHAIRMAN: I will call the hearing to older, and I would like .to read from my copy the declaration of: policy. j i "Declaration- of Policy: By the authority of the resolution of the Town Board of the Town of Southold, adopted on" r (Chairman explained that the Planning Board has been operating since 1956. ) pursuant to the provisions of Article 16 of the Town Law of the State of New York, Chapter 63 of the' Consolidated Laws of New York, the Planning. Board of The Town of Southold was authorized and empowered to approve Plats with or without streets, for subdivisions within the limits of said Town. "It is .declared to be the policy -of the Planning Board to consider land subdivision- Plats as part of a' plan for the orderly efficient, and'. economical development of the Town. This means, among other things: that land to be subdivided shall be of .such character that it can be used safely for building purposes without danger to health, , or peril from fire, flood, or other menace., that proper provision shall be made for drainage, water supply, sewerage, and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in' harmony with the development pattern of. the neighboring properties' , that. the proposed-streets shall compose a convenient system conforming- to the Official Map, if such exists, and sl l be properly.-related to the proposals shown .on the' Comprehensive an as may be in existence from time to time, and shall be of .such width, grade and location as to accommodate the prospective traffic., to afford light and air, to facilitate fire .protection and.to provide access of -fire-fighting equipment to buildings; that the .proper provision shall be made for open spaces including parks- and playgrounds; that adequate provision shall be made to con- serve the natural beauty of the Town; and unusually detailed review, be affored to .development plans fot waterfront property. "in order that land subdivisions maybe made in accordance •with this policy, these regulations which shall be known as, and which. may be cited as, the ".Town of SoutholdLand Subdivision Reg- ulations"have been approved.by the .Town Board on , and adopted by the Planning Board on " r Southold Town..Board of Appeals -3- September 6,. 196'7 :THE CHAIRMAN: This hearing is to consider these Rules and Regulations for. the Subdivision .of land, properly an amendment to the existing Rules and Regulations for the-Subdivision of Land that have .been in existanceo!Eor '10 years. If 'this hearing b rings forth no great amount of protest these probably will be approved=by this" Planning.Board and then if approved by the Town Board will become the new Rules and Regulations foVthe subdivision of land. We, The Planning Board,. with . the Board of Appeals have been working on this for about six- months', , They may not- be perfect. They may not fit any other Town. We believe this amendment and . these proposals will make better planning for- subdivisions in the Town of Southold than we have .had. I would'.like to call your attention to three places in which they part company from the existing. rules and regulations. - First is the sketch plan and it . is first mentioned on page 3. uSketch. Plan, - A rough sketch of 'the Preliminary layout (or Subdivision Plat in the case of Minor' Subdivisions) to enable the subdivider to save time and expense in- reaching general agreement with the' Board as. to the...form of the layout and pursuant- to the objectives: of these regulations. " Up until this , time we have not required a sketch. plan but in . general the developer has come in with a survey. At- this point we are willing to- accept a sketch plan. It doesn't have to be a surveyor's job We think in,_;general it still will be. The purpose of _that. is to save expense for.: the developer, particularly in.`smaller. developments. The second.point is one we have been following for several years and which our Town attorney has advised' us not. to take any" action There. are pending cases in: the cou8t-:_: and these caste.have be settled, -and' are on, record. 04age' 21, Section; -V you will find some statement to park and playground or payment in lieu of land. The Planning Board has. required area set asp for park' and playground. We.--have waived 'it in some case-:bn the waterfront we have required.a 100 foot- turnaround. The requirements have not been- made easy. " Alternate Procedure: Money in' Lieu cfLand - Where -the Planning Board deems that a reservation of: land would be in adequate in size for park or playground' use, either alone or in conjunction with abutting reservations on adjoining sub- divisions,. .the Planning Board may waive the requirements for such reservation with condition that the applicant deposit. with the- Town Board 'a cash .:payment- in lieu of. land reservation. , Such deposit shall be placed in a special fund as required by amended Section 2.77, of' the' .Town Law, 1967, and xj= separately identified. s \ Southold Town Planning Board -4- September 6, 1967 to show the name and location of' the' subdivision for which the deposit was made. - Such deposit sahll be used by the• Town for a 'neighborhood, recreation' area including the acquisition- of property. Such deposit must be used within a. reasonable period -of time and any such expenditure must be for facilities that will be acutally available to and benefit the persons in said subdivision and be located in the vicinity- of the subdivision. .The Town Board shall determine-the amount- to be deposited on the following formula: Not less than` #3,000. 00 per gross acre of eland that. would otherwise be required for recreation pruposes or 5 per cent- of the -fair market value of the total acreage proposed for subdivision as determined by an independent appraiser- retained by the Town. " THE CHAIRMAN: Presently our requirements are. z acre for every) 50 lots two and one half lots for every 100 lots in a subdivision. You can say this is cash in. lieu- of land and is a little more restkictive than land will be. MR. , TRUBENBACH: Land works out to 2/ on. that- basis. This is 5/ cash. THE CHAIRMAN: Don't forget we require waterfront property. One other thing I would like to point out right now. This requires, if it is passed, will state as I have read it here, such deposit will be used .within a reasonable amount of' time. We take reasonable to mean five.- years. , And that .s.uch expenditure must- be for facilities that will be used by the subdivision. We are thinking_ in terms of the possibility of'buying additional beaches which the Town is currently buying and want- to buy more. We feel a reasonable distance is probably five miles. We feel -in- the interest of ,the Town of Southold no place should' be without access to the salt-..water. MR. TRUBENBACH: Is there any, objection to putting that -in the regulations? THE CHAIRMAN: The attorney stated' it this way' and to take it as it is. It will show on the record that this was discussed. There is one other thing and that is the minor .subdiVsion. You will find that referredto on pages 2,6, and 23. Southold Town Planning' Board . -5- September 6, 1967 "Minor* Subdivision- - Any subdivision containing not more than four lots fronting on an existing street, or- 'the extension.- of municipal- facilities. and not adversely affecting the- development of the remainder of the parcel or. adjoining property and not- in, conflict with any provision or portion of the ;Master' Plan, Official Map, or' Zoning Ordinance, if such exists, or these regu-lations.. " THE CHAIRMAN: A minor subdivision can't' have anymore than . four lots fronting on an existing road. At 'the present time we have no say. We have had a rule or agreement with the Board of Appeals that we would not require a filed map for less than five lots and we referred four lots, to 'them. Under the proposed regulation it. is .anticipated that ,there,will be cases where we will waive the requirement of: filing' a minox. subdivision and refer it to the Board of Appeals. There will be cases where the Board of Appeals will refer­ to _us, on an application, or minor ' subdivision. This has been worked out with the Board of Appeals. It .has. their consent and complete endorsement. On page six it refers to approval of minor subdivision. It ..gives a schedule of fee for the application- and what is required. A public hearing is also required. On page 23. it makes final referal to minor subdivisions. . 1- have- outlined the places where in my opinion the new proposed subdivision regulations. are different from what- we have operated with for' a number- of years. I willxknm now open the .hearing up to general discussion, . ,- At this time is there anyone who wishes to speak in objection to any part or all of these regulations? MR. TRUBENBACH: Does this make provisions for the size of new lots in our' Town? THE CHAIRMAN: No, this has to .be handled by zoning. This minor subdivision, will do this to some extent. At the present time one may build on a lot 12,500 square feet in area that is on an existing highway. They may not build on. 12,500 square feet in a subdivision unless it has the approval of the Board of Health. (There was a general discussion on the availabilty of water in certain areas of the Town of SoutYD ld. The Master Plan was also briefly discussed. ) JAMES OLSEN: I would like to study these Rules and' Regulations and see. what it is going to be. Southold Town, Planning Board -6- September 6, '1967 THE 'CHAIRMAN: Is there anyone present who wishesin speak in favor: of these rules and regulations? (There was no response. ) THE CHAR MAN: Then I will open the hearing to general discussion. Does anyone wish to be heard on any relative topic: MR. TRUBENBACH: How many people here represent- the Town or the public? (The' Chairman introduced the members of the Planning Board and stated that Mr. Coyle was not yet present. ) JAMES OLSEN: My biggest beef has always been. the -lack of a building code and housing code. When I see what some of' these boys are putting together. I don't believe the Town of Southold has any jurisdiction, w ithin the Village� of Greenport and that- is where you have the fire traps. A building. code I would like to see .with very strict enforcement. - Any code is no good without enforcement. MR. TRUBENBACH: That. comes up tomorrow night. THE CHAIRMAN: Is there anything 'else .to be said on the rules and regulations for the subdivision of land.? (There was no response. ) THE CHAIRMAN: We will close the hearing at. this time and the Board will act on these amendments later. Mr. James Olsen appeaed before the Planning. Board with a preliminary plan- for a subdivision to be known' as Vista Bluff, located on the Vincent Property, Cutchogue, New York. This . property adjoins Birch Hills at' Cutchogue. The preliminary plan showed 14 lots. Not all of the lots have 20,000 square feet of area. It: is Proposed the road will. connect. with Glen Court in "Birch Hills at' Cutchogue". The highest point of the property is 70 feet above Long Island Sound. There were no provisions for park and playground area shown on the map. It was .suggested part of lot number five be used .for park' and playground area. The Chairman advised some provisions must be .made for park and playground area 'and possibly it could' be Handled under the new subdivision regulations. The Board noted Southold Town Planning Board -7- September 6,. 1967 that six of the 14 lots were small and .advised the applicant that the Board of Health would also have to approve the .map. On motion by Mr. Moisa, seconded by Mr. Wickham, it was RESOLVED that the Southold Town Planning Board approve the layout of the highway on the Vincent= property,. Cutchogue, New York, to be known as Vista Bluff, as shown on the map by" Otto W. Van Tuyl & Son, map dated August 248 1967. Vote of the Board: Ayes;_ Mr. Wickham, Mr. Moisa, Mr. Grebe, Mr. Unkelbach. Mr. Richard Lark., Esq. , and Mr. Stanley" Sledzieski appeared before the Board in ward to "Sunset Knolls" located at Mattituck, New York. Richard Lark, Esq. displayed the final maps of' the sub= division. The' Chairman. read the letter of' approval of the highway layout from the Superintendent of Highways; also the estimate for the performance bond from Mr. Lawrence Tuthill, P.E. There was some question on the cost- of' the catch. basins. The question of park and playground requirements. was raised. Mr. Sledzieski stated that he would give a letter of intent on property located on the Sound for fulfillment of' the park and playground requirement. On Motion by Mr. Moisa, seconded by Mr. Unkelbach, it was RESOLVED that the Southold Town Planning Board set the regular monthly meeting of November as the date for a hearing on the question of approval of the following plat: Plat of property owned-by Stanley Sledzieski, entitled Sunset Knolls, consi,sting' of a parcel of land. 9.45 acres, situated at Mattt1tuck, Town of Southold, Suffolk Countiz, New York, and bounded and described as follows: , BEGINNING at a monument on the northwesterly line of Luther' s Road which is South 190 48 ' West 1.76. 07' feet as measured along the northwesterly line of' Luther ' s Road from- a point marking the inter- section of said line with the southerly end of a curve leading into Ruth Road, having a radius of 18.50 feet and a lenght- of 34.54 feet; from said monument or point of beginning runnbg thence .south 190 48 'West 453. 95 feet along the northwesterly line of Luther' s Road to a monument and land of Charles B. Kleinschmidt; .running thence along ,said. landtwo courses: and distances. as follows: (1). north 85 Southold .Town' Blanning Board . -8- September 6, ;1967 39' West 442.4' feet; thence .(2) North 880 47 " West 406.4 feet to a monument" andiand of Stanley, Sledzieski; "running "thence along said land two courses and distances as follows: (1) North _60 05 " East 150. 00, feet;` thence (2) north 730 31140" West 50. 00 feet to a mon- ument and. land of John Moisa; running thence a-long said land and Subdivision Map of` "Captain Kidd Estates" North 109 551" 30" West 2,79. 90 feet to a monument and land of Stanley Sledzieski; .running.,thence along said land' and land of others south 87' 11'' "East 1088.45 feet- to the monument- or .point of beginning. Vote of the Board: Ayes:- Mr. Wickham,. Mr. .Moisa, Mr. Grebe, Mr. Unkelbach. C A preliminary" plan for- a subdivision or/property of George Ahlers and Barbara Rubin-was presented to the Board. The property': is located on" the "east""" side:.We1Is.Avenue, Southold, New York. There were nine lots .shag n on ,the, Preliminary' Plan, all of which have at least" 20,000 square feet. 'The lots face on Hill Road, (a: private road) , and on a, proposed' highway. On motion -by Mr. Grebe;` seconded by Mr. . Unkelbach, it was RESOLVED that- the' Southold Town Planning Board grant preliminary approval to the subdivision- plan of George Ahlers- and Barbara Rubin, located in Southold,. .Suffolk,County, New York,, as shown on the map by Otto-W. Van T-uyl and- Son, Map dated August 23, 1967. Vote of -the Board: Ayes: - Mr. Wickham, Mr. Moisa, Mr. Grebe, Mr. Unkelbach. On motion by Mr. Moisa,, seconded by Mr. Coyle, it. was RESOLVED that" the Southold .Town` Planning Board recommend to the . Southold -Town Board that- they accept a performance bond in the amount i of $7,000. 00 for the completion of roads and other impm7ements in, the subdivision to .be known as' Peconic Homes, Section II, located at. Peconic, Town of Southold, Suffolk County, New York, owned and developed by Henry J.- Smith and Stella M. Smith. Vote of the Board: AyesE - Mr. Wickl}am, Mr. Moisa, Mr. Grebe, Mr. Unkelbach, and Mr.- Coyle. Southold-,'Town Planning Board -9- Se1tBmber: 6; 1967 L on motion by Mr. Unkelbach, .seconded by Mr. Coyle, it was RESOLVED: WHEREAS Henry J. and Stella M.-" Smith, has petitioned the' Southold TownPlanning' Board for final approval of. their plat known as Peconic• Homes, Section• II, at Peconic, New York, and WHEREAS, The Superintendent of Highways� of the Town of Southold . has inspected the map and approves the highway layout of' the roads to be constructed, and his report is hereby accepted by the• Planning Board, and • WHEREAS, the signing of the final maps by the' Chairman of the Southold TowniPlanning Board is waived until such time as the perfommance bond is. posted for the -roads, and other improvements in the Subdivision,, and said bond is accepted by the Southold Town Board, NOW THEREFORE BE IT RESOLVED, that the subdivision. to be known as Peconic•"Homes, Section II, at Peconic, New- York, consisting. of 9.48 acres,, owned and developed-. by Henry J. ' and Stella M:" Smith be approved; and BE IT FURTHER RESOLVED that Henry Moisa, Acting Chairman of the Southold Town Planning Board, ' be authorized to sign the final subdivision" maps, when"said bondras been posted and accdpted.by the Southold Town Board." Vote of the Board: Ayes:- Mr. Wickham, Mr. Moira, Mr. Grebe, Mr. Unkelbach, Mr. Coyle. The "following annual estimate was submitted to "the- Southdd Town Board by the Southold Town Planning Board, for- the fiscal year- beginning January 1, 1968. EXPENDITURES: Stationery, postage,, printing advertising, legal notices, etc. . . . . ... . . . . ... . . . . .-.-. ... ... ._. . . . $ 450. 00 Telephone Chairman &" office. .". . . . . . :. . . . . ._. ...... ...... . . .". . . . . 200.:00. Association of Towns Mtg -. .New York and Planning Association' Mtgs . . . . . ... . . . . . . . . . ..0 . .". ... . . . . . .... ._. . 400.00 Office" Equipment. . • . .-. ..... .le.0.0 . . . ... . . . . . ... . ".�. . ..... . .-• • . ... . 150.00 Transportation (Fishers Island Member) ... . .-. . . . . . .... . .-... . . . . . . 800. 00 : Car expense'@ $.10 a mile. . . . . . . . .. . ... . . . . . .-. . . . . . . . . • • . • • 100. 00 Southold. Town Planning Board -10- September 6, 1967 Members' Remuneration: Chairman_: $1500. 00. . . . . . . . . . :. . . ... . . . . . . . ... . . . ..... . . . . . .... . .$1500. 00 Others: (4) '1300. 00. . . . . . . . . . . . . . . . . 5200.00 $8800. 00' TOTAL REVENUES: Estimated income from subdivision applications..... ... ... ... ... . . ..$ 450. 00 .The Board .requests again an increase in. salary in view of the increase in the amount of work. -to be doneby this Board. DATED: September 6, 1967. On Motion by Mr. Moisa, seconded by Mr. Unkelbach, it was RESOLVED that the Southold Town' Planning Board approve. the . amendments to the' Rules and Regulations for- the-' Subdivision of . land, Town of' Southold, and that the Southold Town Planning Board submit- these- Rules and Regulations to the Southold Town Board for their approval. It was' FURTHER .RESOLVED that- the Planning, Board advise, the Town Board that- they held a public hearing on these amendments. Thecae was no.objection at-that time. There was considerable explanation and discussion and some valuable comments. Vote of the Board: Ayes:- Mr. W dkham, Mr. Moisa, Mr. Grebe, Mr.. Unkelbach, Mr. Coyle. It- was agreed that a letter be weitten to the' Southold Town Board regeesting provisions be -made for one member of th&-.,Southold � Town Planning Board to attend the New York State Federation:.Of Official- Planning Organiszations Annual Federation InstituftZ:I, to be held October 15,16 and 17, 1967, at- Kutsher' s' Country°Club. Southold Town. Planning Board -11- September 6, 1967 The next regular meeting of the Southold'Town' Planning Board will be held at 7:30 P.M. , Tuesday, OctobEE�_►_•3, 1967, at the Town Office, Main .Road, Southold, New 'York. .The meeting was adjourned at 10: 00 P.M. Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Planning Board C - q(OHN-WICKHAMr*,: CHAIRMAN