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HomeMy WebLinkAboutPB-07/20/1965 Southold Town Planning Board O S O UTH O LD, L. I., N. Y. PLANNING BOARD MEMBERS John Wickham, Chairman Henry M oisa Alfred Grebe Archibald Young William Unkelbach MINUTE S SOUTHOLD TOWN. PLANNING BBOARD July 20, 1965 A regular meeting of the' Southold Town ]Planning Board was held 7:30 P.M. , Tuesday, July 20, 1965, at- the Town Office, Main Road, Southold,, New York. There were present: Messrs: John Wickham, Chairman, Henry Moisa, William Unkelbach, Alfred Grebe. Absent: Mr.. Archibald Young- illness Also present: Mr. Otto Van, Tuyl, Consultant, Mr. Lawrence Tuthill, professional enigineer. Mr. William Pollert appeared before the Board to discuss his amended application .for a change of zone from "A" Residential and Agricultural District to "B-2" Business District on the following described property: All that certain tract or parcel of' land situated at Greenport in the Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: Southold Town Board of-. .,.peals -2- July 20, -965 BEGINNING at a point on the westerly line of Manhanset - Avenue where the same is intersected by the northerly line of Champlin-Place,, an'd:...thence running along said northerly line of Champlin Places south 580 35' 20" west, 449. 90 feet to a point; thence north 700 04' 20" west, 64.03 feet- to a point; running thence north 310 248 40" wests 782.03 feet to a point .on the southerly line of the North Road; thence along the southerly line of the North Road, two courses as follows: (l) north 660 363 40Y east,, 291.24 feet,: and :(2) north 650 23' 50" east, 228.44 feet; thence along land now or formerly of Benzes two courses as follows: (1) south 22° 30' 10" east, 191.59 feet, and ,(2) north 660 361 40" east, 116.14 feet . to the westerly line of Manhanset'Avenue; thence running along said line, south 200 128 30" east, 569.68 feet to the point or place of beginning. THE- CHAIRMAN: The Board, I think,. feels that there is a very real -question of 'how much business development there may be in the futume east- of 'Greenport. The Planning Board has been unwilling to recommend this change of ' zones and we might be doing you a big favor by not recommending it. Let me says that it was the feeling -of the Board that- there is a very real question about the wisdom of zoning any property for business in this particular vicinity. - MR. POLLERT: I don't actually see what you mean, because there is business zone on this property now. THE' CHAIRMAN: This is a non-conforming business. If ' it wasn=t used for business pupposes it would revert back to residential use. Let me say this. In mapy cases where there is an application for a change of zones the owner has a prospective buyer and often a contract. This might change the picture. . Do you have any definite use in mind? MR. POLLERT: I had discussed my plans with you .previously. I had an idea of 'an office building and a bank maybe. The purpose of this application id that- I am looking ahead maybe, 10 years. .(The Chairman again advised Mr.- Pollert that the Planning Board was unwilling to favorably recommend this change of zone to the Town Board. However, he pointed' out to Mr.- Pol]ert that the Town Board is not-bound by any recommendations that the Planning Board makes. ) i Southold Town Planning &,ard -3- ' July 20, ly65 Bernard and Theodore Kaplan appeared before the Board to: discuss the, proposed subdivision "Dawn' Estates",. at Greenport. This subdivision is to contain a man made canal. The Chairman advised them that the Town Board was presently working on a new amendment in regard to man made canalsz, and that the Planning Board could not give a definite answer about this subdivision yet. Mr. Kaplan advised-the Board that probably the property'iowners could be given easement over the bottom of -the canal and thenan association could be formed to maintain the canal. The Chairman advised Mr. Kaplan that they should present to the Planning Board at their -next meeting a concrete plan for the use and maintenance of the canal. The following hearing was recessed f9om the meeting of the Southold Town Planning Board held on June 294, 1965: - PUBLIC HEARING: Upon question of approval of the following plat: Plat of property owned by Mattituck-.Estates, Inc.", entitled Mattituck--Estates,,:, at-Mattituck consisiting of a parcel of land 42..8 acres, situated at Mattituck, -.in the Town of'Southold, Suffolk- County, New York, and more particularly bounded and described as follows: - BEGINNING at a granite monument set- on the- southerly line of the Main Road at the northwest corner of the premises herein described and adjoining land of 'Joseph .Miska on the west; running, thence along the southerly line of ' the Main Road N9. 880 08= 20" E.448.67 feet- to a granite monument; thence continuing N. 890 038 00" E.-86 feet -to land of'-Elizabeth M. -Tuthill; running 'thence along said land of' Tuthill - two courses and distances as follows: (.l) S. 10 34' 30" W.-200.0 feet, thence ;(2) N. 890 03"' E.-125.0 feet to land of Filla; running thence along said land of Filla S. 1° 34:. 30" W.- 904..70 feet to a gutter; running- thence again along land of Filla- through said gutter' N. 50° 408 10" E.-452.34 feet to land of'C.B Tuthill; running thence along land of Tuthill S. 87' 262 30" E.-288.74 feet- to a pipe and land formerly of--Leicht, now of Sidor; runnaiizg thence along said land of Sidor- S. 7' 432 50" W.-1125.34 feet=to thgfhortTrce.rly line of New' Suffolk-Avenue; running thence along the northerly line of.'New- Suffolk� Avenue N. 820 532 50" W.-550.0- feet-to other land of Melot; running thence along said land of Melot! three courses and distances as follows: (l) N. 70 439 50" E.-500.0 feet, thence ;(2) N. 82° 532 50"' W.-350.0 feet; thence southwesterly about "250 feet to a monument- on the northwest cprner' of land of'Russel D. Tuthill; running thence along said land of 'Tuthill- S. 100 499 E.-262.1. feet to the northerly line of New Suffolk' Avenue; running thence N. 820 53z 50" W.- along the northerly line of 'New Suffolk' Avenue 285 feet to land of Miska; running thence along said land of Miska eight-courses Planning Southold Town/Board -4- July 20, 1965 and distances as follows: (1) N. 110 001 E.-160.0 feet, thence .(2) N. 30 543 W.-104.35 feet, thence .(3) N. 790 298 50" 'W. 240. 0 feet, thence (4) N. 60 378 5011 � E.-545.49 feet, thence (5) N. 50 243 40" E.-410.42 feet, thence ;(6) S. 89° 3-13 2011 W.- 244.89 feet, thence (7) N. 60 37' 10" E.-394.51 feet, thence (8) N. 30 30' 40" E.-134.0 feet to thenonument and place of beginning on the southerly side of ' the Main Road. The Chairman advised that-at-the time the hearing was scheduled no one appeared to speak in favor of it and that was the first time such a thing has happened. Alexander Chase, Esq. , extended his apologies to the Board and advised that he had had no notice of the date of the hearing. Mr. Chase further advised that-Mr. Aldin Young, professional engineer,, would be present to answer any questions concerning the drainage from the subdivision. THE' CHAIRMAN: I will reconvene the hearing on.Mattituck Estates at this time, and ask to hear from anyone present who wishes to be heard in opposition to this, subdivision. . C. EDWARD NELSON: I would like to ask the question that I asked last time. Is it not the duty of the' Planning Board to see that no subdivision or i.ndividu&I can be embarassed in any manner ' or means by another individual? THE CHAIRMAN: I would say that this is not a major duty of the Planning Board. The major duty of the Planning Board is to serve in the best interest of the Town of Southold. The Planning Board does not consider the immediate good, but the long time good of the people .in the Town of' Southold. This should be our sole consideration. The embarassment of 'an individual or a group of individuals is not a major criteria. Matter of fact,,; there has been many times when the Planning Board has been: in opposition to property ENE30 owner associations. I hope I have answered your question. C. EDWARD NELSON:' I know that you are aware of the answer I was looking for. The question I asked the other day----for the benefit of you people here, my name is- C. Edward Nelson and I own property on-Deep Hole'Drive and Suffolk' Avenue. My question was, what is the developers plan for the drainage and the land which is filing- in"Deep Hob' Creek. What is your means for stopping this, so that you do not embarass me? You have changed the grades .to have Southold Town 'Planning July 20. 1,v certain culvets and drain pipes,, and if I might point out to .the Planning Board the bottom of this . culvet is flush with the bottom level of the drain pipe. This does not catch any reservoir that can be removed. - 'After the rain on' Sunday, this drain. ppipe was full. I' do not oppose to any of this business being done there. I think developing =is very worthwhile, but I am being abused. This rain ran off 'and ..left residue. I have a permit to bulkhead,. h have - to; bwer the level of 'this by four feet. I will have /4 four feet filled up with this residue off 'this development'.. Z do not know of any other way to get an answer' other than here. The Planning' Board has certain controls. I am not going to have myself abused. . 1 do.}now what _answer ' I would get from Mr.- Wickham. I know that. all you gentlemen here are involved in this financially and developing forihe town. However, look at it from the other side. If :I was developing this land;' you would be sitting in this chair with me wondering what is going to stop this run off. I know that fur engineer will admit that- there was a rut in the road after the rain on- Sunday. THE CHAIRMAN: The Planning 'Board has discussed this and has some proposed changes in mind, which . I think will answer your problem and protect the Town. However, this isn't the time to discuss it. C. EDWARD NELSON: I hope Mr. Wickham that you realize that- I .am not trying to be indicative,, I just don't want to be abused. THE CHAIRMAN: Is there anyone else present who wishes to be heard in opposition to this subdivision, Mattituck -Estates? ;(There was no responses) THE' CHAIRMAN: Is there anyone, prd"­sent who wishes to be heard in favor 'of this subdivision to be known as : "Mattituck Estates" ALEXANDER CHASE .' ESQ.: I am here in favor of 'this. Mr. Chairman,, may I ask that we be granted sifficient time, I know , that our engineer is on his way here. I know that the engineer has fd lowed the nat=, al grade. There has not.-been any actual deverting of water, he' has .taken advantage of the natural topgrade. However, ' I am not . an engineer and don't want- to be held to any contradict. I look to developing this',. Southold Town: Planning B(, - .d -6- July 20r, 19— land with the least amount of change. There will be in any event- some changes. You put, in roads and take out trees. -. We are progressing more rapidly thakl is- probably normal. . I believe that the engineer knows what'he is: doing, and I am sure your ,objection .is legimate. . ,(MR. Nelson pointed out his property on a map and he also pointed out-where the water drains. ) THE' .CHAIRMAN: Does -anyoneee.lse wish to speak in favor of this' = subdivision? ' EDWARD ABITZ: In. respect to the layout-.of' the propertys we spoke ,to the- Planning Board and presented ,a preliminary map. The Board approved this layout., - Mr. Young has ,not changed the contour o.f the land. - (Mr. Abitz went- on to further discuss the drainage. ) THE CHAIRMAN.., Does anyone else with to be heard in favor o.f this subdivision? ALExANDER CHASE® ESQ.: I think that-we will stand on our engineer's advise and comments. The' Chairman advised that the- Planning Board requested their engineer, Mr.- Lawrence Tuthill, to make levels of the swamp area. The chairman reported that he had a verbal reply from Mr. Tuthill. He said that one of the things that-might-be done is put a trap gate in this culvet at .such a. height -to improve fresh water in this wswamp areae it would also be scenic and inexpensive. This could solve the park and playground requirement, improve fresh water resources. and solve the drainage problem. THE' cHAIRMAN.: Does anyone else wish to be heard in favor o.f this subdivision? ,(There was no response.) THE CHAIRMAN: I will recess this hearing again, until later this evening when- Mr.- Aldin 'Young is present .to discuss; the drainage.- Harold Reeve- and Son were present to discuss the following proposed. change of zone. Southold Town Planning -rd =7- July 20, Change from "A" Residential and Agricultural -District to_ "B-2" Business.'District all that certain tract or parcel of -land-situated at Mattituck, in the Town of Southold, - Sufffolk-County, New York,- and more particularly bounded and desicribed as follows: BEGINNING at: a concretewmonument:on the westerly side of:Wickham'Avenue at the northeasterly -corner- of land of 'Elmer`Ruland; running thence- S. 47° 383 W.-236 feet :along said land 'of'Ruland to a concrete monument thence' S. 3.90 . 0.73 20" E.-67.52. feet along said land .of 'Ruland; thence along land formerly of Tyler now of_Zimnoski S. 43° 413 2 0" E.-48 feet- to other land of applicant zoned "B" Business; thence southwesterly along 94ad said. "B" Business zone- about 280 feet to the easterly line of Maiden Lane, said point being 180 feet northerly from Middle Road Extension; running thence along the easterly line of Maiden' Lane N. 48° 572 30" W.-315 feet more or less to Mattituck- Creek; running thence in a northerly thence in an easterly direction along Mattituck- Creek -to land of�Walter Williams; thence running S. 440 113- E.- along said land of'Williams 219.61 feet more or less; thence again running along land of Williams N. 470 38' E.-101.34 feet to the westerly line of Wickham-Avenue; running thence S. 390 071 20" E.-49.58 feet .along the westerly side of- N Wickham Avenue to the point or place of 'beginning. Harold Reeve, Jr. advised the" Board that they decided for the benefit-of the whole town, they would like to have Maiden-,Lane a Town Road. They 'had Judge Tuthill ,and. Harold Price look at the road and advise what would have-to be done before the Town would approve the road. H. Reeves Jr. , advised the Board that .an easement was required from all the property owners. William-Wickham,, Esq. proceeded to get, , . the easement from all of the property owners except one particular party who would not consent. - Therefore, nothing more was done about making Maiden Lane a Town road. The Chairman advised that all the Planning Board members had inspected this property and their major concern was access to the property. - H. Reeve, Jr. , advised that access could be maintained from�Wickham-Avenue. He further advised that presently they had no definite plans for the property or: a contract of sale. ' They just felt that the property should be zoned for business. The' Chairman stated that the Planning Board felt that the Mattituck Business area was going to grow and that . it was going to grow in the direction of the Creek, where this property. is located. Southold Town Planning. L,, xd -8-- July 20, 1_1_1. The Chairman again reconvened the hearing on Mattituck . Estates, a subdivision to be located at Mattituck and complete legal description appearing on page 3. The Chairman advised Mr.. Aldin Young,, professional. Engineer, of the suggestion -of 'Mr.. Lawrence Tuthill, in regard to the drains. . Mr. Young felt that this was a good idea and was willing to g6 along with it. The Chairman advised that the installation of a trap gate as proposed by Mr. Tuthill would involve some dealings with Mr.. Melot, adjoining property owner. The subdivider would need a legal instrument to show that- easement-had been granted by Mr. Melbt for the installations ofdrains as discussed.' . A quite lenghty discussion .was held on- the proposals for the installation and type of drains and their' benefit to the entire area and all concerned with the drainage. -. On .motion by Mr. Grebe, seconded by Mr.. Unkelbach, it was RESOLVED that John Wickham,,- Chairman, Southold Town Planning Board be authorized to sign the final maps on Eastern 'Shores at Greenport, Section II. It is' 10000PM pointed out that the Building Inspector can not issue anybuili.ing permits on this land 3UM until such time as the subdivider has secured permission to make the road connectiop to' County Route 27A. Vote of the Board: Ayes:-Mr.- Wickham, Mr.' Moisa, Mr. Grebe, and Mr. -Unkelbach. The Planning Board view the covenants and restrictions as presented for the subdivision, Mattituck' Estates. The Chairman advised that .a letter should be written to Mr.. Chase advising him that, the' Planning Board suggest that under. item-number 10, the words "no obstructions -at street inter- sections-will be allowed" shall be added. The Planning Board received from the Town Board the amended petition of A. John Gada fora change of zone from "A" Residential and-Agricultural District to "M-l" Multiple Residence District with the instructions to prepare an official report defining the conditions therein. This property is 'bounded and described as follows: Southold Town Planning E,. .�rd -9 July 20, 1_ All those certain lots, pieces or parcels of land situate, lying and being on fishers Island, Town of Southold, County of Suffolk,, and State of'New York, known 11 ' "" " ll 11 and designated as lots "C D E F" on a certain map ; entitled "Plan of Property on Fishers Island,. New' York, formerly owned "by Mrs. Martha E. MHoffort,. now belonging to Southold Savings Bank,. July 1914" and fileddin the office of 'the' Clerk of the County of :Suffolk- on January 2,, 1915, as Map no. 242. On motion by Mr. Moisa, seconded by Mr. Unkelbach, i.t- was RESOLVED that- the application of A. John Gada, Fishers Island, New York, be tabled without any discussion. Vote of the Board: Ayes Mr.- Wickham,. Mr. Moisa,, Mr. grebe Mr. Unkelbach. on motion by Mr. Grebe, seconded by Mr. Unkelbach, it was RESOLVED that the minutes of the Southold Town Planning Board dated. June 22,. 1965 and June 29, 1965, be approved as -submitted. Vote., of the Board: Ayes:Mr, Wickhama Mr. Moisar, Mr.Grebe,, and Mr. Unkelbach. . The next meeting of the Southold Town' Planning Board was set tentatively for�August loth on Fishers Island. If not held there, the next meeting of the Southold Town Planning Board will be held on' August 10, 1965, at the Town Office, Main"Road,. Southold, New York,, Thd,' Planning Board received from the Town Board the original petition of James J. Olsen for a change of zone from "A" Residential and Agricultural District to "B-2" Business District on certain real property situated at Mattituck, with the instructions to prepare an official report defining the conditions therein. The following property is requested for- change: i All that certain plot, piece or parcel of 'land, with the buildings. and' improvements thereon erected, situate, lying and being at Mattituck, Town of-Southold, Suffolk . County, New York, known and designated as 'Lots Noe l and 2, on the "Subdivis.ion'Map, Section one of property of j George I. Tuthill and others", filed in the Suffolk'County Clerks°s Office on 'January 15, 1929 as Map No. 861. I i - . ' Southold Town Planning _,__=rd -10- July 20, ��Z'V5 On motion by Mr. Unkelbach, seconded by-Mr. Moisar, it was. RESOLVED that the Planning Board favorably recommend to the Town Board the change of zone from ."A" residential. and Agricultural District to "B-2" Business-'District- on the property of James J. Olsen as described. This property adjoins the applicants's real estate office and the applicant- proposes to' use this property in connection with his .real estate business. The Planning Board further recommends that the Town. Board on their own motion change from , A" Residential and Agricultural District to "B-2" Business`District. the remaining property over to .Bnay Avenue., wwhich .includes lots numbered three ;(3) four ' (Q , and five (5) ,p in the subdivision of G,I ' Tuthill & Others. Vote of the Board: Ayes:- Mr.- Wickham®, Mr., Moisa® Mr. Grebe, Mr. Unkelbabh. The meeting was adjourned at 10:35 P,Me- Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town ' Planning Boar-d OHN WICKHAM,- CHAIRMAN I