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HomeMy WebLinkAboutPB-08/10/1965 Southold Town Planning Board Ln 0 SOUTHOLD, L. I., N. Y. PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe Archibald Young William Unkelbach I MINUTE S SOUTHOLD TOWN PLANNING BOARD August 100 1963 A regular meeting of the Southold Town' Planning Board was �. held 7:30 P.M.;, Tuesday:$; August 10,z, 1955�` at the Town Office] Main Roadj' Southoldi New York. There were present: Messrs: John Wickham ! Chairmant,. Henry Moisaj.i William Unkelbach Alfred Grebe$; Archibald Young. Also present: Mr. Otto Van Tuyli. Consultant:-' Mr. Howard Terry:J Building Inspector '.j. THE CHAIRMAN: In regard to the fact that discussion at the r . last meeting about putting a new culvert under New Suffolk Avenue is not acceptable to the Town Superintendent of'Highwaysi,' there t _. had to be other plans made, a r' Mr. Alden Young! Consultant for the sTown of Riverhead appeared before the Board and presented a map of the area to the Board,. .He explained about a proposed dam to be constructed on ... the property of Melot and Tuthill that would eliminate flooding ., of`.the lots :under .quest_ion at times of high tide, The Board was Y : assured that .the builders would fill in part of the low lots. i.` Southold ;Towh Planning Board._'; -2-:= August 10�;. 1965 :THE. CHAIRMAN:- I Y e Supgrinteri&nt- :of 'Highways: came..down`.and' spent. 'l 2 ,hours with; me. :and said to- make At -very .clear that he didns_t want- any �bstructi�n=connected with'. the h. gh ayei so. any possibility,, of :the highway, ac ting. asp.a dam and having.:a,,hurricane:- .tide washing_ the whole -thing, out, ' I` suggested this, poss ,lty and .he said `ghat they-'do. •on th:eir,;awn ldnd. is°;perfectly:-all: ra.ght. Let'-mq,.::suggest something.' else ,th ugh 'whi.ch' might make::it.`simplerk, Alden -» supposing you. are �raising-:this:sill` tow this ;level -."tinstead' . 'of,.putting a•`pipe here you could°use -a,,spillway, MR. ;_.YOUNG: : You only elevate 10. and:you are. above the 'level for salt water. - THE CHAIRMAN:. which ..once in 10 ,years,' or,;s• happens. MR YOUNG: Z have puut..this' pipe at 'e e. -. :� Z vata.on. - equalizer pipe.- THE -CHAIRMAN is w1,111 keep the ,wat'er :freshx, of= couxse� but -there are tames when"a:spillway: would ,be particularly advaritagebus and eliminat`a any. ,.chance,.''of a.;hurricane- 'going- over,this whole .thing,.' MR' ALDEN YOUNG't.." l; if it goes overt I donyt think there with be enough grass- t• hold, '' 1 have planned- for..a''gam °d solid.' dam ,with eigY t feet at-the top, THE. CHAIRMAN: How far.'ficwm the highway are you gaming to liave,:this? MR.. -ALDEN YOUNG: .Twenty' feet"'from .the.=highway. :The `highway -and .gutter. are not disturbed, _ Those present' d1scussed'getti,ng' dart .for, fill, and" much this 'would cost.: MR ` E.., ABITZc Hf6w,`does:`the,:Board fe , about this? We - do .need permission' from. Mx, Nle ,ot and"Mr •. Tuthill. >We .do have verbal' permission troii:both .-6k"them. THE, CHAIRMAN; We_'.are all:. in accord• that, this wilT., be suitable r , .. --and will 'meet.: the:Park: and Playground provis ions. MR'."..E., ABZT�: If -this'is: `satisfactory to the Board -we 'can=,get the -legal,, work- cleared ..up and- get .started, as soon as `posible 'and ' get fa.nishe,d, y ' } t, Southold Town . Planning Board -3- August 10&, 1965 THE CHAIRMAN: If you have the legal work started and have !it on, the map -- have it in the works - we can conclude the hearing and file the map, It was suggested that this be put in a separate legal instru- ment rather than on a map, THE CHAIRMAN: You present this legal instrument that assures us- that this will be done for our records and we can issue our instructions for our' Building Inspector. MRo ALEX CHASE: I understand this proposal.! as it is .set forth now. ; is • acceptable to, the, Board? THE CHAIRMAN: Yes ; that is correct. MRp' CHASE: Is it my' further understanding that this will meet the so-called Park and Playground Provisions? MR CHAIRMAN: We have not exactly discussed iti' but it would be my -expectation that it would, The Chairman pointed out that there were certain rules and regulations for sub-divisions expressly prohibiting shrubbery or solid fences within. certain distances from a corner. It was stated by MR:' ABITZ that there was a stipulation in each deed that-no obstruction could be placed beyond the front of the house, Mr. Unkelbach. raised the question whether or not the County Clerk would accept the map before the lots are filled in.i, and Mr. Alden Young stated that they are filled in. Mr. Chase asked the Board to signify approval of the sub- division before the legal work is completed in order that the builder could go ahead. THE CHAIRMAN: Generally speaking$! I don'';t like to do this because there are a few too many things hanging fire. As far as the bond is concerned _! there is no problems There has got to be worked out- some legal instrument which is generally acceptable to the Planning Board and to the Town Attorney, MR® CHASE: 2*m willing to leave it in your Town•Attorney=s hands.... I Southold Town- Planning Board -4-I August 10,r, 1965 THE CHA=RMAN: ,.The .Town'Attorney, is, counsel for the Planning my mind as° to.whether.: or' not : it's a Board but;•the decision in practical solution to the problem rests finally with the' Planning Board.'.,,whether this is• a workable way of solving= this'problem�' Legally .it: can be, fine'. but . if it 'doesn"t='meet-the needs as we' see MR . CHASE: - I d.on!=�:t want to be argumentative'. 1-understand its. the practicality of the proposal .- the mechanics '- meets with your, approval? THE CHAIRMAN: We are meeting on the- lst of' September' and L question whether or not you could get this . taken •care• of much before that. Is: that-correct? W. CHASE: All rightt. we will sit-on this until the lst of September, MR: CHAIRMAN: I would like to present this to 'Harold Pric6,Q Superintendent of H-ighways' . but I don'tt anticipate -any problems' W." CHASE: I would like to .place the legal' work� in' the attorneys hands. - He ••would contact you peoples tell you it°�s legally enforceable! at .which time• - at your convenence -= your' next .meeting - you could pass on it,. THE CHAIRMAN: Rather than keep it in suspense any longer? I prefer to do it the other -way, MR.-. ARCHIBALD YOUNG: This .is, the opinion I have• - we are sitting as a Board and the moment we deviate from the policies which we' have adopted.ol we are- discri.mi:nating to a certain- degree,"1 I don't .think -we should do it, I think they .could go . through the natural channels. I -don`=,it think-we should set ourselves up for some other sub-division who comes in and wants the same privilege,- Tam very much opposed to deviating one bit from the policies we have adopted.' MR: ABITZ: I was wondering about electric service coming in, 3 The lighting. company will not do anything .until .they have approval from .the 'County and it'ls created a harshi in the they will not even P past month... give me a lay-out until the 'County is aware of the fact-.that this sub-division has been approved, On the basis ' that this is not approved tonight"{ I find it necessary to shut down completely'. THE' CHAIRMAN: We can approve its; but not sign it Southold Town Planning Board -5- August;20.=; 1965 i MR ABITZ: If 'the Board -approved it on this basis': I am sure the lighting company will go- along with it, MR: ARCHIBALD YOUNG: : Am I correct in stating that if ; had a- letter from the Planning Board that this will be, approved?G then the lighting company will go ahead? MR ' AB ITZ• Yes. On motion. by Mr, Grebe. seconded by Mr. Unkelbach�'11 it was RESOLVED that the' Planning Board approve this sub-division including a plan fora park area as presented tonight from the map of Alden,W. Young "" dated.August 10,�,J 1965.. THE CHA3P1 AN: Any discussion? . (No response) Vote ,of the- Board:- Ayes: Mr." Wickham > Mr, Moisaa Mr. , GrebeJ i Mr. - .Unkelbach: and"Mr. Young, Mr.- Alden Young-!, Consultant for the Riverhead Planning- Boards+ spent considerable time discussisng the proposed desalinization;- " plant.with regard to the water needs of the- Town of Riverhead,-" and "Problems- related to--the proposed feeder routes for the -Long Island Expressway. The Chairman read a letter from Bernard -Kaplan of Dawn Estates`. dated. July 30r44l 1965Qi re proposals for a canal in the sub-division. THE CHAIRMAN: I--have .looked this over and feels that it8s adequate and .f more than thati,i it gives us a very good .guide for future use .and reference' as far as I am personally concerned. The xest- of the Board members have not been in -the office; MR; THEODORE KAPLAN: Our purpose was to make . it- flexible'.to see. if: you people- want that property or. not. THE CHAIRMAN: We ar.e always concerned about the fresh water resources of the Town: but in this case,where it is low _ there was originally a salt pond - and very close to Preston�-s.ai I find no real objection to it on that -basis. Southold Town Planning Board -6- Auguste10. . 1965 MR: .KAPLAN: If you have any further questions or' suggestions of any kinds. I would like to. hear them', . , THE CHAIRMAN: We have a Fuggestion - take it a little 'easy on the signs you have down there, WO re telling you that they are in violation 'and we would appreciate it if you would back off on it a little. You can talk with Howard about it later.- MR UNKELBACH: Maintenance of the canal is stated in every deed? MRo KAPLAN: T'es. MR. UNKELBACH: It could conceivably happen ,people could not get in and out - something should be worked out about maintenance, MRe' KAPLAN: They will have to work as - a group, MRe` UNKELBACH: I raised the question as to dredging the canal when property is not. yours.o,written title to 'the land under the- water at the center line of the canal . - then the property owners can bargain. MC. KAPLAN: Is it your suggestion that we give title to only the marked lines/ THE CHAIRMAN: This constitutes dedication to the Town and the Tbwh does not .want this at this,.time.'' If.'they accept dedication at this timeil.i it is their responsibility. it is my understanding that the Town,f' with dedication'li acquires complete responsibility and at the present time they don's"t _want it -nat least they have indicated that they did not want it ' . At the same timed I ' think- this is good. Whether` or not this is complete, or right down to the final through on each one$l is more ,or less a question. We have asked you to bring . in a suitable- proposal- that we would have no objection to the loca- tion of' the proposed canal nor to its interference with the ground water probleml and as I see ,it' ' you have brought in a proposal which is reasonable nand may not fill- 'the bill completelys� but which is work® able and gives us something more to goon.' Therefore..,, I would entertain a resolution that-we give you preliminary approval of, this sub-division and give you the opportunity to move along on it - reservingi of course.! the privilege of suggesting some changes in this as time goes on I would think it would be minor,,i to fulfill the intent which you have expressed here,' Southold Town Planning' Board -7- August 10, 1965 MR." KAPLAN: You will not make major changes in, the layout? THE CHAIRMAN:- We are proposing preliminary approval only actually this is the first step. . . There will' be adequate time- to make changes- and I see no .problem. MR KAPALN: What -do you suggest. as '.:the next step? i THE CHAIRMAN: Normally?' you get preliminary approval before you cut in the streets,l the' "canals.,vi etc; and then you start in with your engineer to make the final map. On motion by Mr --Moisa';r!. seconded 'by Mr. Grebe.,, it was RESOLVED that the Board grant preliminary approval to the sub-division. entitled Dawn- Estatesi• Section- #411 at Greenport,' based on the letter of proposal dated: July 30®' 1965, J from Dawn Estates and signed by Bernard Kaplan, THE CHAIRMAN:, Are there any. questions? BU41 YOUNG: The question in my mind. is. - we are granting a preliminary approval for Mr. Kaplan to go ahead on, the receipt of this letteri' and I -am wondering whether .or not- we are going too, fast and whether or not the Town Council .shouldn"'t read this - over and- tell us. hether this is all right- or not. THE CHAIRMAN: We have a letter -right- here from .the- Town Council which we: will present, Vote , of' the '''Board: Ayes: Mr. Wickham,*j� Mr.: Moisa'$' Mr.. Grebe ! and Mr. Unkelbach,' and Mr. Young. There were no further discussions or proposals on• Eastern Shores',i- Sectionsk III and IV We have received .the' County Highway Access Permit for Eastern Shores:!- Sections II and III. ' There was nothing new on Town Harbor Terrace pending new estimates on water mains and roads from Mr. Hoey. Southold. Town. Planning Board -8- August 10.a. 1965 'gterling Homes - the work is going ahead on the roads and -drain- age. No bond or money put up as yet. THE CHAIRMAN: On the matter of the proposed road known as 'Charlie's Lane - after eight years Mr. Grathwohl and Mr. Krukowski have gotten together with an attorney and worked out a deal whereby they do the whole job and I -have a letter of approvalby the Chief Engineer of the County, Under the circumstances and in view xof the fact- that-we have., been working so long on it-�,i we ought to encourage them to build the highway and dedicate it to -the town.' This is the most reasonable way under the -circumstances,,. rather than try to waive our rules and regulations in .this case. It would be•much simpler to recommend that -they build the highway and dedicate, There is enough building on it already to .qualify 1I think if this is the case - we,will notify. them that we suggest that the Town- Planning Board would approve it as laid out and would approve the dedication. The Board took up the matter of the petition of Irvisng L. Price, representing Rarus,! Inc, relative to change of' zone of certain property situated 'in Arshamomaque.a New .York,ifrom "A" Residential and Agricultural' District .to "B=2" Business ,District more particularly bounded and described as follows: Beginning at a monument in the southerly line of Middle (North) .R,oad 365.09 feet -.easterly-from its intersection with the easterly line of Chapel Lane; - thence N. 36° 3318, 20" E. 390.0 feet; thence' S. tS," 263; 40" E. 400;�0 feet; " thence S. 36` 333, 20" W. 390,0 feet;... thence N. 330 26'3, 40" Vn. 400.0 feet to the point or place of beginning. Containing 3.581 acres, The "Chairman read a letter from the Town' Clerk dated August :220! 1965. .i instructing the Board to prepare an official report defining-the conditions described in the petition with the recom- mendation of the Board. W.. UNKELBACH: one question - "should you have him clear first with the Board of Health? If you rezone it and the Board of' Health turns himx down;; he can do .whatever he wants .with it. CHAIRMAN: I would like to suggest that we hold this over to the next meeting and send our team around to look it over and see what you can find out about it. Is it acceptable to hold this over? We would like to consider the possibility of rezoning a more extensive ateas: perhaps,,) under the Town Board Zoning Laws. Southold Town Planning Board -9- August 10, 1965 The Board took up the matter of the amended petition of A. John Gada of Fishers Island, New York, relative to change of zone from "A" Residential and Agricultural- District to "M-1" Multiple Residence District more particularly bounded and de- scribed as follows: All those certain lots, pieces or parcels of land situate, lying and being on Fishers Island, Town of Souttold, County of 'Suffolk and State of New York, known and designated as Lots "C" , "D" , "E" and "F" on a certain map entitled "Plan of: Property on Fishers Island, New York, formerly owned by Mrs. Martha E. Hoffort, Now Belonging to Southold Savings Bank, July, 1914" and filed in the Office of the Clerk of the County of Suffolk on January 2, 1915, as Map No. 242. WHE CHAIRMAN: In view of the volume of protest and in view ' of the residential character of all of Fishers Island, it would be my suggestion that we refuse to recommend changes of zone on all of these plots. There are several non-conforming uses on these premises now. Vote of the Board: Ayes: Mr. Wickham, Mr. Moisa; Mr. Young, and Mr. Unkelbach. Mr. Grebe abstained from voting. On the matter of Harold R. Reeve' s application for a change of zone from "A" Residential and Agricultural District to "B-2" Business District, it. was decided that this be held over. On the matter of Clayton Clark' s application for a change of zone from "A" to "B=2" , the motion was made by Mr. Moisa and seconded by Mr. Grebe and it was RESOLVED that the -Board not' recommend the change of zone for Mr. Clarke. It is the plan and hope of the Board--that we keep County Road 27 from becoming completely commercialized such as the Sunrise Highway. Further ':fattention was called to the report of the County Planning Commission which has, the same hopes for maintainirig 'County Road 27 as a high-speed. artery., Vote of the Board: Ayes: Mr. Wickham, Mr. Grebe, Mr. Young, Mr. Moisa, and Mr. Unkelbach. Southold Town Planning Board -10- August 10-1 1965, On the application ofMartin Nelson for a change of zone from "A" to-_"B": ! there ,was nothing .,further from his attorney,' This matter is held over for the next meeting, On the application of William 0,. Pollert:,! residing at- S"outhold,� New York;, relative -to change of zone .from "A"' Residential dnd Agricultural District to "B-2" Business District on certain property situated "at "Greenport:,! New York, the Board decided to hold thisi over until the next meeting, On the application of Caroleo for re-z8n,in of g property on Middle' Road from "A" to "B-2": ' the Board .received a" letter from Lefferts P - Edson ,'- attorney;! withdrawing the: application, of"Mr, Caroleo An offer of dedication of roads for the Board's approval ;(Race Point=Corporation.,: Fishers Island)% was examined and it was decided to notify them that the Board `is holding it up pending notice•. from. them that the building has been removed as per state- ments of Mr,. Wickham, to the effect -that-this would be necessary- The- Board discussed a letter from Robert Tasker: ? Town'Attorney',! suggesting changes in the wording of some of the amendments 'to the Rules 'and Regulations for Sib-division of Lands'', On motion by Mr,. Young" seconded by Mr,. Moisa'=' .it was RESOLVED to approve the amendments to the Rules and'Regulations for Sub-divis'ion of Lands incorporating changes in wording as sug- gested in the letter from the Town Attorney.' Vote of the .Board: Ayes: Mr, Wickhamr� Mr. -Grebe'! Mr, Youngv`l Mr.. Moisa and Mr. Unkelbach On,motion,by'Mr, Unkelbach', seconded by Mr,' Moisa', it was Southold Town Planning Board -ll- August 101' 1965 RESOM VED that a hearing be, held on' September 1ij 1965@ on the proposed amendments and changes in the Rules and Regulations for' Sub-division of Lands in the Town of Southold':' to be-held at- 7:30 P. ;(E,'D.S.T. ) in the Town- Clerk"-s Officd' Main Road, Southold' New York'. . Vote of the Board: : Ayes: Mr, Wickhamjj Mr. Grebe`...! Mr. .Young!jj Mr.' Moisa ! and Mr. Unkelbach, On motion of Mr. Young.,j seconded by Mr.' Moisa. j it- was RESOLVED that minutes of the July 20' 1 1965a' meeting be approved as presented,' Vote of. the Board:- Ayes: Mr., Wickham ) Mr.' Grebexi Young' Mr. Moisa, ! and Mr. Unkelbach, On motion of Mr. Unkelbachi seconded by Mr. Moisa's' it was RESOLVEDN that the minutes of the joint meeting of .various Village Boards be approved as presented. Vote of the Board: Ayes: Mr. Wickham;' Mr. Grebe ) Mr. Young.'- Mrs Moisa;i and Mr.. Unkelbach., The. meeting was adjourned at 10:30 P.M. Respectfully submittedQ! U Janet G. McLean ' Secretary Southold Town Planning Board JOHN"W2CKHAM7,r] CHAIRMAN