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HomeMy WebLinkAboutPB-04/17/1978 �FFOC,� P D T D S Y Southold, N.Y. 11971 JOHN WICKHAM, Chairman TELEPHONE FRANK S. COYLE 765-1938 HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL A regular meeting. of the Southold Town Planning Board was held on Monday, April . 17, 1978 at 7:30 p.m. at the Town Hall, Main Road, Southold, New York. Present were: John Wickham, Chairman Henry E. Raynor, Jr. , Vice-Chairman Frank S. Coyle Frederick E. Gordon James Wall Fr=klin Bear, North Fork Environmental Council Arthur and Millicent Gossner, League of Women "Voters Peter Campbell, Suffolk Times Doug Love, Long Island Traveler-Watchman Corwin Grathwohl, Businessmen' s Association Jean Tiedke, League of Women Voters Mr. Raynor chaired the meeting. 7:30 p.m. Public Hearing on the question of the approval of the preliminary map of, "Cutchogue Joint Venture" located at Cutchogue, New York. Richard Cron, Esq. , Howard Young. Mr. Raynor read the legal notice of hearing and presented proofs of publication in the Long Island Traveler-Watchman and The Suffolk Times. Mr. Raynor went over the checklist and reviewed the file. He read the updated recommendations of L. Tuthill, Town Engineer. Mr. Raynor: I would like to open the meeting to anyone present that would like to speak in opposition to the proposed subdivision called "Cutchogue . Joint Venture" Mr. James Cross: Is the southwest corner of Lot 7#5 on the revised plan approximately- the same distance from the southwest corner of the property as it was in the original plan, 350 feet roughly? Mr. Raynor: I would say approximately. Planning Board -2- April 17, 1978 Mr. Cross: Then it remains the same as before. Lot #5 -.averages 200 feet underwater currently. Lot #6, the southern border would run maybe 75 feet underwater currently and then it tapers off. So, Lot #5 on the original plan, .if it is in the same location, ` the stake "that" was put' in­at the board''s request- dividing 'lots- 5 and 6 just came out from underwater about a week ago. The water level at the present time is about average for this time of year. It has dropped appreciably the last few weeks. There is no way lots 5 and 6 can be corrected without diverting the water to the adjacent property to the west because that is the course of the water that comes from farms well above the North Road all the way from Oregon Road. Mr. Raynor: Would you like to see a copy of the map? Mr. Cross: I looked at the new one but I didn't have the old one to compare. Mr. Raynor: Is .there anyone else that has any objection. Hearing none, I will ask if there is anyone present this evening to speak in favor. Richard Cron, Esq. : I am appearing on behalf of the developers of the subdivision.- I will take recognition of Mr. Cross ' remarks on lot 5 and 6 and will have to refer them to my engineer. We have been here on numerous occasions, a long period of time and all of these matters were considered and as a result of which we were compelled to make provisions. We made these in satisfaction of Mr. Cross ' objections. I would submit that where we have complied with all the rules of this board that the board adopt a resolution granting approval to the preliminary map. Mr. Raynor: Is there anyone else that would like to speak in favor of this subdivision. Is there anyone present this evening that has any information concerning this property that would not be in favor or in objection to the subdivision. Mr. Cross : I would like to restate that there has been no adjust- ment at all to what was said before. The only thing that was taken out was the spur road. I would suggest that you come over and take. a look at the property rather than rely on these professional maps. All you have to do is go over and see it. It is under water. It is every year. Mr. Cron: The board apparently was aware of Mr. Cross ' objections at the time they requested we make the revisions by moving the spur road. There was no objection raised by the board about there may be water on lots 5 and 6. It is not particularly pertinent to the approval of the preliminary map. Mr. Raynor: I 'would like to take issue with you concerning that. At one of our prior meetings and an investigation in the field Parts of lot 5 "when I reviewed it were under water. Mr. Cron: I am saying that nobody objected to the layout as a result of hearing that information. The map was revised with that knowledge in hand. Planning Board - -.3- April 17, 1978 Mr. Wickham asked some question regarding 'a possible mistake on the map. Mr. Cron: We don't understand what you said, Mr. Wickham. Mr. Wickham: Have your engineer come forward. What are these lines? Mr. Young: The proposed grade. Mr.: Coyle: What you are saying is these are the lines to use. Mr. Young: I 'am proposing that elevation by a dotted line and we propose to fill it in. These are proposed lines. Mr. Raynor: I have a complaint regarding the park and playground area that is separated from the drainage area. It looks, like it is manmade.. Mr. Young: If the board is going to approve this design of drainage pond in lieu of a recharge basin with the fencing and so forth, I would include filling in. Mr. Coyle: Road D should hit the line rather than leaving a small area on each end of them. Mr. Cross : That is a ridge and that drops off very rapidly. Mr. Wickham: It 'still should go to the property line. Mr. Coyle: On this Road A there should be some area for the turnaround. Mr. Raynor: . Also, reference should be made to this entranceway here. We have -a jib piece again that I thought was taken care of. Mr. Coyle : Who is going to maintain that? Mr. Raynor: There should ba some determination made on the property between the entrance and Route 25. I personally do not feel that we should include your sloping area for this drainage pond. in the park and playground area. Mr. Young: I didn't include down slopes. I included to. the top. There was more discussion regarding this between Mr. Wickham and Mr. Young- that Vas inaudible. Mr. Cross : That was continuous water throughout all the way down to the pond. This access road was closed for almost three months and that is the fourth time in ten years this has happened. There is no property here for park and recreation. Mr. Raynor: The way I understand it the park and recreation. is computed one the upland. Mr. Coyle: At the present time, lots 5 and 6 don't have buildable land. Planning Board ' -4- April 17, 1978 Mr. Cross: About one-half of lot 5 is under water right' now` and another 50 feet, for at least 2.00 feet is sharply declining or under water.. The entire piece drains into this spot here. Mr. Raynor: The area indicated is sufficient enough to comply and it still leaves a large buildable parcel. Mr. Young: The roads will interrupt it. Mr. Cron: I °would 'like to make one 'reque'st of 'the board .and that, is to furnish me with a copy of Mr. Tuthill' s comments and' recommendations 'and-� in -.writing of the board adoption and-any additional recommendations the board wishes to make. Mr. Raynor:' . Is there anyone else that would like to be heard on the subdivision Cutchogue Joint Venture. Hearing none, we- will declare this hearing closed. Centennial Manor bond. Richard Cron, Esq. The bond estimate is being evaluated because he substantially disputes the-figures. He requested. it be deferred until a future meeting so he' can have an opportunity to meet with his engineer and. the developers of the property'.' 8:00 p.m. Public Hearing on the question of the approval of the final map of -the subdivision known as "Paradise-by-the-Sound" owned by John E`.` Rath and located at Gree.nport. Roger Rath . represented ,his '�'father. Mr. Raynor rread­the notice of hearing and presented-proofs' of publication: in the' Long Island Traveler-Watchman and the ` Suffolk Times. He directed that the secretary make a note that the ` courses and distances as contained in the legal notice are reflected on 'the` 'preliminary map and not the final map. Mr. Raynor went over the checklist and reviewed the file. Mr;' Raynor. read the recommendations from the town engineer, Larry Tuthill. Mr. Raynor: Do we have any further.- correspondence from th.e ' Supt. of Highways? Secretary: No. Mr. Raynor: Is there anyone here this evening that would 'hike to speak. in opposition to this subdivision "Paradise-by-the- Sound"? Hearing' none, I would like to open the hearing to anyone that would like'. to speak in favor of this subdivision at 'this time. Roger Rath: I: 'represent my father who is the owner of the property and 'I: just want to say that we hope this evening that you gentlemen.`look favorably upon this map and we hope that we have conformed favorably to your dictates and we look forward to giving .the Town'of Southold a very nice subdivision with one acre Planning Board -5- April 17, 1978. lots along Long Island Sound in the-Nillage' - f Greenport''and Town of Southold. If you have any further recommendations at th:i"s point, we would be more than willing to listen to your,_:recommenda- tions but at 'th' s' point I feel we have conformed ,with all " recommendations" "and again I hope it is upon our mutual convenience that we can expedite this approval. Mr. Raynor: Is there anyone else here this evening that would like to speak in"favor of this subdivision? Howard Young:""' I am in favor of it. Mr. Raynor: Is' there anyone else that. 'is in favor of it? " 1 would like to open..the' hearing to anyone present that has any information or questions concerning this subdivision that the board 'anduld hear. Jean Tiedke :' . One .thing I am interested in is you have this rear setback.lirie from'the bluff. To what does that refer? , I,s that 100 feet from the top of the bluff? Do you ever have to have a variance- for the setback here or does that situation not arise here? ,,, ... .. Mr. Raynor: No: Mrs. Tiedke: - Why wasn't it clustered? Mr. Rath:, I-.think' the developer has a choice. I am not' the - developer but here to represent the developer. ' 'We are in conformity with one acre. Mr. Raynor: The ''option is the developer' s. We suggested` i' on several parcels. It is not something that this board is' able to enforce. Mrs. Tiedke: "`'2'"am asking why they didn't consider clustering. Mr. Rath::.;,. We' did back in 176. . . Mrs. Tiedke: 'The yield would be the same. Mr. Raynor: Are there any other questions anyone has of the board at.'this time? Mrs. Gossner .asked: a question regarding the sufficiency of the park and recreation area. Mr. Rath: On the final map we have two park and recreation areas and one abuts the' Town of Southold which has approximately one acre of: park and recreation area which abuts lot #26 which gives , you over"two"acres. of park and recreat'ien'. Mrs. Tiedke: I8'''that permissable to count Town? Mr. Raynor.:,' This is, something the board considered, ,the 'fact: that .we required this developer to give up Sound frontage for park and playground. . As a result we may consider and we have up to this point, the fact ,that it may not come up to 100% of the requirement. Planning Board "' ' -6- April 17," 1978 Mr. Wickham: Arid we wanted it up to the Town of Southold ' recreation area. It is really an advantage to the Town." ' Mrs. Tiedke: Visual only. If anyone crossed that fence; what would happen? Mr. Wickham: In the long run we thought it would 'be of advantage to the Town. Mr. Raynor: Is there anyone else? Hearing none, I will declare the hearing closed. Simicich cluster" subdivision. Charles Cuddy, Esq. Mr. Cuddy presented 6 copies of a map to the board. There was discussion on the park and playground area presented on the map and Mr. . ' Wickham said the. board could waive the requirement for park and playground' if it` thought it was breaking up viable 'agriculture. .On motion made by Mr. Coyle, seconded by Mr. Wall, it..was RESOLVED 'to°'grant final approval to the map of the' minor . , subdivision of property of Edgar and Arlene Marvin and authorize the chairman to'"`sign the map. Vote of the Board: Ayes: Wickham, Raynor., Coyle, Gordon, Wall Mr. Wickham signed the map and one copy was -presented to 'Mr. Cron who was . still i:n '"the audience. 8:30 p-.-m. Public Hearing on the question of .the approval ' of the final map of .tho ' subdivision "Country Club Estates" owned"by' 'Philip Babcock and others and located at Cutchogue. Gary Flannerolsen, Esq. and Philip Babcock.. Mr. Raynor read' the legal notice of hearing and presented .proofs of publication •in the Long Island Traveler-Watchman and- the Suffolk Times. -He went' over the checklist and reviewed the file. Mr. Wickham: `'''We ;said we wanted some sort of covenant tYiat'L'ot #32 would not be presented at a future time for a' 'variance for 'change of use. Mr. Olsen: _ You said. you wanted permitted uses .in Agricultural- Residential. Mr. Raynor: The" file seems to be in order. As is the custom, „ we will open the hearing with anyone present this evening- that would like to- speak in opposition to the subdivision ""Country Club Estates"., Hearing none, is there anyone -present this ,, .. evening that .would' like to speak in favor of the proposed sub- division "Country Club Estates"? Planning Board ' '' -7- April 17, 1978 Mr. Olsen: As:'you .are well aware, this subdivision has been pending.before",the board for some time and we have been before the board on many occasions and I think what you have before- you now which has 'Health. Department approval and all the necessary approvals is the net result of all of' our. meetings- and conversations and exceeds the' standards of the Town of Southold as far as`area and compliance with all the requests that the board has made. You also have"1'e"t_ t'ers in the file from the Supt. of Highways 'and Lawrence Tuth"ill `w th approval. I would request that the Board give its approval, tonight to this subdivision. Mr. Raynor: Is .there anyone else that would like to speak `in favor of this ' 'subdivision? Mr. Babcock: I`-hope it will be a credit to the Town. Mr. Raynor: Is 'there anyone present that has some information concerning. th'is subdivision that should be brought before this' board at this 'time. 'Mr. Coyle : In'' that list of particulars is there a. disclosuure? Mr. Raynor: Yes. The following letter under date of February 25, 1978 to,_.the Southold Town Planning Board from the Conservation Advisory Council was read."' Gentlemen: We have aompleted- an inspection of the proposed site 'of Country Club Estates. The following are our findings. 1. Th.ere :is ' a definite possibility that . th.e drainage area will affect thd'surrounding marsh. While vertical percolation could -take place during most of the year, this would not be possible when' the ground is frozen. Since a limited. amount of tidal exchange takes place in this area of the marsh it would be possible for contaminants to become concentrated in 'this "area. 2. The marsh- area as indicated on the map 'appears to be accurate. The actual area of wetland-. will be impassible 'to accurately measure until the weather and season change. 3. -- -It would seem to be very difficult to obtain a spur road or access from''this property to the Baxter property without, serious damagb".'to the marsh. 4-: It is our .belief that a recharge basin in conjunction. with or in place' of the sand drain would better serve the needs of this . community and insure the health of the marsh area. - It would also facilitate drainage from Linden Avenue, 5. The location of a park and recreation area adjacent to a functioning' marsh would be of detrimental value. If we may.. be of further assistance, please contact us. /s/ Frank A. Kujawski, ;Jr. Chairman Planning Board -8- April 17, 1978 Mr. Bear: Are those conditions and recommendations .taken into consideration?' ' ' ' '. Mr. Raynor: Theespur road has been eliminated and, as you heard, the recommendations from the town engineer, we have done away with the proposed-overflow pipe going into the wetlands and- •_ doubled the capacity of the drainage area. Have you seen the' letter dated April 5 from'Mr. Tuthill with regard to removing the overflow pipe ih 'the drainage area and enlarging the capacity of the recharge area. You will get a copy of it. (Directed to the developer) . Mr. Young: What does it mean if I get a copy? Mrs. Tiedke: -What is the comment from the Conservation Advisory. Council about the park and recreation area? Mr. Raynor: They felt it was possible it would be detrimental to the adjacent marsh. Mrs. Tiedke : "WYat' kind of recreation is usual at .these places? Mr. Raynor: I would say the majority are fallow. ' Is there any-,:- one else present .that has any questions? You do want .to take up this elimination of the overflow pipe. We .want the capacity doubled: Unless there is something else, I will declare this hearing closed. •.`:';.., Mr. Olsen requested a final hearing on the map of "Col... Ted` 'Dowd." . Mr. Olsen requested that an inspection be 'Made of -the. Macari subdivision as' the stakes are in. 9:00 p.m. - Pibli;c' Hearing on the question of the approval of the final map of the 'subdivision "Brionngloid-by-the-Sea" located at East Marion. Charles Rand and William B. Smith present. Mr. Raynor read the legal notice of hearing. and presented proofs of publication`-in" the Long Island Traveler-Watchman and -6he' Suffolk Times. Mr. Wickham: 'I` would like to comment that the last set of courses and distances are for the south side of the highway and also subject `to correction because they do not tie in. Mr. Raynor went' over the check list and 'the file. Mr. Raynor: We have the following letter from the Town Highway Committee. Planning Board -9- April 17, 1978 Gentlemen: The Southold::..Town Highway .C.ommittee has your letter of 4/4/78- in regard' to the above major subdivision. In view of.-,your recommendation that the 50 foot require- ments of our zoning ordinance, S-A 106-33 and S-A106-32,. be waived for this subdivision because the right-of-way is`6nly 600 feet and only` serv'es one lot the Highway Committee also agrees to waive the 50 foot width requirement. We urge your board to see that specifications are required for these right=df-ways so that the property owners will have' suitable access to their homes when constructed and that proper drainage... is provided for. /s/Martin Suter, Highway Committee /s/James Homan, Highway Committee Mr. Raynor: I"would like to open this hearing to anyone present this evening that.would like to speak in opposition. to this subdivision I'Brionn.gloid-by-the-Sea" . Hearing none, is there anyone..present that. would like to speak in favor -of :this sub- division? Mr. Rand: I think I have complied with the Planning Board and Highway Committee. Mr. Raynor: Is 'there anyone else here this evening that would like to speak 'ir . favor of this subdivision? Is there anyiae present that has` anyinformation that should be brought before the board at this time in regard to this subdivision. The only thing I .see i.s we 'will .have to get some kind of specifications from the town '`erig ne' er regarding the right-of-way. Mr. Wickham: We will ask him to specify. Mr. Raynor: Does .anyone else have anything in regard to' this sub- division? Hear rig` none, I will declare the hearing closed." Kontokosta Associates - Sea Breeze Village. Richard Lark, --,,,,.Esq. and Mr. Kontokosta:'_ Mr. Lark explained this property •is 'immediately adjacent -to the Sound Shore. Motel complex on the North Road.' It is zoned multiple: It. needs site plan approval by the Planning Board and- then must go to the Attorney General' s office to -be used for condominiums. It has been presented to the Suffolk County Dept. of...Health. '' -it is fed by the Greenport water supply bu.t approval must be gotten for the cesspools system. The Greenport _ s d.sewer system i further east an a "laver elevation and it was h)� ruled out as 'a' pbs'sible hookup: The Health Dept. now has the application under advisement for the"approval of the sanitary G 1r/gib facilities as laid out. Because of the curvature of the road, it was ,decided to have one egress and ingress.. :_The plan. "conforms to all the rules- and regulations with one exception which is' the separation:'between the buildings. It' snot twice the height. Planning. Board"" -10- April 17, . 1978 There is another"problem that it is not 100 feet back from 'the bluff line because there is virtually no bluff line. - He'has 100 foot setback from high water. In answer to what i's the bluff line, Mr. Wickham.'said the top of the bank.. It was decided that this matter would be discussed again after the board had time to study it. Richmond Shores at Peconic (Cummins) : Richard Lark, Esq. Mr. Lark presented a slightly revised sketch map of this property and requested approval of it. Mr. Wickham exc'u'sed himself from the meeting at this point. On motion' made by Mr. Coyl'e', ' seconded by Mr. Gordon,' it was RESOLVED 't6 approve the preliminary map; said map amended May 17, 1977; -6f ' subdivision known as "Peconic Bay Cove!' owned by Louis Zaino And Armando Sardelli located at Peconic, New York, subject to "patYPl ' being relabelled "footpath" , letter regarding drainage being obtained from the Supt. of Highways and Suffolk County Plannii:ig 'Department recommendations. Vote of 'the' Board: Ayes: Raynor, Coyle, Gordon, Wall' On motion made- by Mr- . Coyle, seconded by'Mr. Gordon, -it was RESOLVED to"'give final approval to the map of 'the subdivision known as_ '"Kouro-s Acres". and authorize the chairman to sign' 'the map. Vote of `the" Board: Ayes: Raynor, Coyle, Gordon, Wall ' Bay-view Woods at ' Southold. A field trip will be arranged to investigate ths 'subdivision. Mr. Coyle made. a motion, seconded by Mr. Wall and..carried to approve the':minut.es of 'the regular meetings .of March 6, 1978 and March 27, ".1978'. The next meeting o,'' ,the Planning Board will be held May 15, 1978. Planning Board -11- April. 17, 1978 On motion made. by Mr., Gordon, seconded by Mr. Wall, it' was RESOLVED to grant approval to the map of minor subdivision of Joanne ' Schwartz' .subject to covenants and restrictions as to, no further subdivision being filed in the Suffolk County Clerk' s Office. Vote of the"Board: Ayes: Raynor, Coyle, Gordon, Wall '. ; On motion- made by -Mr. Coyle, seconded by Mr. Wall, it .was RESOLVED 'to set 7:30 p.m. , Monday, May 15, 1978 at the Town Hall, Main. 'Road',`"Southold., New York, as the time "and place for a public hearing on `th.e question of the approval of the final map of subdivision known as "Col. Ted Dowd" . Vote of .the Board: Ayes: Raynor, Coyle, Gordon, Wall Matthiessen. property at Fishers Island. - The lawyer. for Mr. Matth:iessen visited with Mr. Wall. The main concerns of the* Planning Board. are that Mr. Matthiessen not landlo_ck himself and that any remaining lot be 40,000 square feet. He is going: to give himself a 3Q foot right-of-way across the lot' to 'be' ' conveyed and -.the option on the remaining piece is no longer in effect. This should be treated as a casual sale. Mr. Franklin Bear who has been doing' a study of the ...draft , of Plan for Develo.pmerit' `prepared -by' Mr. ' Wickham and commented on by several organizations and individuals. He will present his"' findings in the near future and requested a meeting with the- ` . Board to discuss them. Mr. Wickham ret�;hed at this point. On motion""made .by Mr.. Coyle, seconded by Mr. Wall, it wa`s RESOLVED`to approve the preliminary map dated July 20,.`1977 subject to recommendations of the Suffolk County Planning Depart- ment and the to-Wft' engineer, Lawrence_ Tuthill, of Orient Hills."` Vote of the Board: Ayes: .Raynor, Wickham, Coyle, Gordon, Wall Planning Board "- -12- April 17'," 1978 Grace R. Lewis Draft Environmental Impact Statement. John. Nickles, Mrs. "Lewis ' son appeared. Mr. Nickles stated that there are 200 some odd "square feet rather than 600, -some odd square feet as listed in :the"covering letter. of spartina alterniflora.* On motion made by Mr. Wickham, seconded by Mr. Coyle, , it was RESOLVED that upon careful .inspection of property of Grace R. Lewis locate d' at .Petty' s Pond, Southold, the Southold. Town Planning Board "supports the application of Mrs. Lewis to bulkhead the property.: .This is a cut bank and almost overhangs the " spartina alterniflora ,vh'ich has' almost grown in and stabilized the bank. It is entirely rreasonable to bulkhead the property to replace the deteriorating '"boat slip. Vote of the"Board: Ayes; Wickham, Raynor., Coyle, Gordon, Wall James Gray- 7 Pddge Corporation. The following are the determinations of the Southcld''To n Planning Board as regards the site plan of property to h'e°developed into shops on the Main Road, Southold. The percolation through the bricks as planned, according to "-the Soil and .Water Conservation District, will :be so minimal that 'the Board would "su"ggest drainage structures to take care of 100% rainfall on the premises. The Cochran.-hou:s'e should be utilized as a residence up until'- such time 'as. .additi6ria1 " parking will be available and then presented to this board for site plan approval. Because of the reduction in size of one 'of the buildings as originally :showh and because of the overage on the buffering and because .the 'post office will not be used at the same hours as the restaurant.,-_ it is believed by this board that 179 parking slots will be adequate. The entire board concurred on the above. Soundivaod Farr'.-" A" letter was read from .Mr. Roderick Van Tuyl regarding "th 's subdivision. Mr. Wickham feels. the only practical solution is a minor subdivision at the Sound. He directed that the town engineer review the system that Mr. Van Tuyl proposes. A copy of the letter will be sent to the Board and to Mr. Lawrence M. Tuthill, Eiig rieer, for his perusal and study. R-ichmond Shores .at._Peconic. The revised sketch of this cluster subdivision wa's '=reviewed. The Board likes the concept. The developer ;sh.ould .present the preliminary maps and sketch approval will be 'forthcoming. Planning Board'' -13- April 17, 1978 Mr. "Raynor''congratulated Mr. Wickham on, having been named to the Nassau-Suffolk Planning Commission. Mr. Tuthill''presented a report of a meeting he had with Mr. Price regarding the Peter Blank subdivisioz .� On motion made by Mr. Coyle, seconded by Mr. Gordon, and carried the meeting was adjourned at 10:45 P.M. Respectfully submitted, Muriel Brush, Secretary