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
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