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HomeMy WebLinkAboutPB-08/15/1972 Southold Town Planning � w Board. 0 SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle M I N U T E S SOUTHOLD TOWN PLANNING BOARD August 15, 1972 A regular meeting of the Southold Town Planning Board was held at 7 : 30 P.M. , Tuesday, August 15 , 1972 , at the Town Office, Main Road, Southold,, New York. There were present: Messrs : John Wickham, Chairman; Henry Moisa, Vice Chairman; Henry Raynor; Alfred Grebe. Absent: Frank Coyle Also present: Raymond Dean, Superintgndent of Highways. Chairman John Wickham reconvened the hearing of Petty' s Bight Subdivision at Orient, New York, which was recessed on December 20, 1971. The Chairman read the notice of hearing, omitting the description of the property because there had been a prior hearing, the proofs of publication from the newspapers and a, letter from the Planning Board to the Southold Town Board dated August 17, 1971. A check for $150 for filing fees was received. Southold Town Planning Board a - 2 August 15 , 1972 Mr. Wickham stated there were only two problems : (1) meeting the objectionssof the Suffolk County Planning Commission, which has been done, and (2) posting bond or completing the highways. Dominic Aurichio, attorney, stated that the owners have entered into negotiations for the construction of the roads , - and licenses and permits have been obtained. In lieu` of posting any bond the owners have entered into contract for the construction of those roads and work has been started. In .view of that, approval will be held in. abeyance pending completion of the roads. We will then , proceed with the , signatures to file the proposed map. , Mr. Aurichio presented the Board with copies of deeds', establishing ownership of the property. Mr. Wickham advised Mr. Aurichio that the Town Board will not accept . or •has not been willing to accept contracts in lieu of performance bonds. They will accept work already done. The Planning Board has received a letter from the County- Planning Commission saying that they will not consider this map again, but we- also have work from them it is not necessary to have their approval after all of the changes are made (this is the revised map of June 28, 1972). showing changes in the drainage, changes in , Bight Road and changes in the intersection . of Bight Road and Petty' s Drive. These changes were specific requests of the . County Planning Commission. It is, however, necessary to have the approval of the majority plus one of this Planning Board. It would seem there would be no problem because this is the specific request -of the Planning Commission and this .is the way they prefer to handle it. Mr: Wickham said .he wanted to make sure that the Planning Board is aware that they have met their conditions but- they don 't want to handle it again. If this subdivision is approved it will also mean that we are approving this without resubmitting it to the County Planning Commission. Mr. Wickham asked if there was anyone present who wishes to speak in opposition. There was no response and the hearing was- declared closed. A decision will be made later tonight. On motion of Mr. Moisa, seconded by Mr. Grebe, it was , RESOLVED that the subdivision known as Petty' s Bight at Orient, New York, be .approved subject to completion of the improvements or receipt of acceptance of the bond in the proper amount by the ,Town Board. Vote of the Board: Ayes : Messrs . Wickham, Moisa, Grebe, Raynor. Southold Town Planning Board - 3 - August 15 , 1972 A letter was received from William Wickham, Esq. , together with an application for approval of a minor subdivision for Mary Baxter Benbow- and Shirley Baxter Given. The Planning Board had reviewed the map of, the subdivision at its last meeting and suggested that the right of way be extended through all of the lots . Mr. Wickham .stated in his letter that the owner. preferred not to have the right .of way for Lot #1. On motion of Mr. .Raynor, seconded by Mr. Moisa, it was RESOLVED- to accept. the .application for approval of plan for minor subdivision of Mary Baxter Benbow and , Shirley Baxter Given as submitted.. A check for $25 was received for the fee. Vote of the Board: . Ayes: Messrs . Wickham, Moisa, Raynor, Grebe. . An application for a minor subdivision was received from William Wickham, Esq. , for: property owned by William B. Sterling. The- Board discussed the map and directed the Secretary to inform Mr. Wickham that the Planning Board does .not allow minor subdivisions on a part of a, person' s property whether .it is his residence or otherwise. The Planning Board discussed the proposed subdivision known as Land' s End, Orient Point with Mr:. Kroehler. Mr. Wickham read the . following letter dated August. 3 , 1972 , from the Suffolk County Department - of Planning with regard to this subdivision: Dear Mr. Wickham: The staff of the Planning Department has considered the above captioned map and offer the following comments for your consideration: 1) Generally, the proposed layout appears satisfactory provided that ingress and. egress for lots 13 and 14 is restricted to Land' s End Road; 2) It is suggested that the bend in the alignment of Land' s End Road at Lots 13 and 14 be replaced by a curve having a minimum centerline radius of 225 feet. Southold Town Planning Board - 4 - August 15, 1972 It should be noted that this parcel was one of those that had been considered for acquisition by the county for conservation purposes . Staff comments on a preliminary map do not constitute a review. When this map is in the final stage of preparation, it should be referred to the Suffolk County Planning Commission for review pursuant to Section 1333 of the County Charter. Very truly yours , Lee E. Koppelman Director of Planning by Charles G. Lind Subdivision Review Section The Chairman advised Mr. Kroehler that he has to get the signatures of the Suffolk County Departments of Health and Environmental Control before the Planning Board can give its final approval. Mr. Raymond Dean reported that the Town Board is very adamant that 75 to 80% of the water is to be put into recharge basins . At the last Town Board meeting it was discussed putting recharge basins in all subdivisions . Mr. Dean stated that he would not sign any more subdivision maps unless this was provided for. Mr. Wickham told Mr. Kroehler that he has to have the signature of the Town Superintendent of Highways and he just stated what he wants . You will have to go to the State Highway Commission and get approval of the connection also. Mr. Kroehler said he would proceed with getting the signatures and approvals required. Discussion was had in reference to Shorecrest Subdivision at Arshamomaque with. Mr. Valentine Ruch. The Chairman reported that he had received from the Supervisor ' s Office a certificate of deposit for $42 , 000 in Mr. Ruch' s name from the Bank asking that Mr. Ruch endorse it and return to the Bank with . instructions for a renewal term. Mr. Ruch stated that at this time he was not prepared to give a renewal date. Mr.. Wickham gave the certificate of deposit to Mr. Ruch. Mr. Raymond Dean expressed his concern with the pitch of the roads in the subdivision and the drainage . Mr. Rod Van Tuyl presented a .revised sketch of the property showing additional basins to be installed based on a three inch rain fall. The Board, Mr. Dean, Mr. Ruch and Mr. Van Tuyl discussed this Southold Town Planning Board - 5 - August 15 , 1972 new proposal . Mr. Wickham advised Mr. Ruch as far as the Planning Board is concerned this is an approved subdivision. You can move ahead and construct it as is shown on this map as long as the , highways meet the specifications the day this was approved. You can have your bond released as soon as the Town accepts the report of their engineer and our report saying the highways are satisfactory. This will mean you have highways and drainage in your subdivision but it does not mean that the Town will accept dedication of your highway. It will mean as far as we are concerned you are clear to sell lots but you have private roads . What Mr. Dean and Rod Van Tuyl are talking about is to provide additional drainage which you don"--t have to do for us to meet the specifications of the Highway Department and the Highway Committee of the Town Board. When you get this all done it can be dedicated to .the Town and you can be relieved of the responsibility of maintaining these roads . I just want you to clearly understand that if you meet the requirements of this map and the highway specifications in force at the time the map was approved you can get your bond released, if the construction is adequate. The thing you have to weigh is the advantage of making some changes in the drainage in order to meet the specifications of the Highway Superintendent and the Highway Committee of the Town Board. You would be much better off to dedicate the highways . But this is your choice. Mr. Ruch asked if Mr. Dean would give him the specifications in writing. Mr. Dean stated that if the plan does take care of a three inch rain fall this would take care of it. Mr. Wickham suggested to Mr. Ruch if he wished to go ahead on this basis to advise us and we will notify the Board of Appeals . Mr. Ruch asked if he could do that verbally and said that he wished to proceed. Discussion was held with Mr. Valentine Ruch with regard to his minor subdivision at Southold, N.Y. Mr. Wickham advised Mr. Ruch that the Suffolk County Department of Health wants us to submit to them before we approve any subdivisions . It was the feeling of this Board that some of that was low land. Mr. Raynor stated that it is very hard to fill meadow land in the Town of Southold. Some of the lots do not have enough land. Southold Town Planning Board. - 6 August 15 , 1972 It was decided that a letter would .be. sent to all surveyors and professional engineers in the area and notify them of the requirements for recharge basins ind subdivisions . The Board discussed Bayview Develo,pment .Corp. application for a. change .of zone and the site plan with Mr. Richard Caplan, President. Mr. Caplan said they would like to build the number of units prescribed by the ordinance. The new buildings would all be ,two bedroom. Of the five -buildings there are going to be ten duplex apartments and. 20 simplex apartments. .. Mr: Raynor asked how many people would be living there. Mr. Caplan stated that 160 was the maximum and they did not anticipate the apartments would be used .for full .time residences, as the location is inconvenient. Mr.. Caplan also stated that the County Health Department waived the test holes and -that Howard. Terry, Building- Inspector, knew this . Mr. Wickham told Mr. Caplan that sooner. or later they have to approve. a site plan and at that time we have to measure up the parking and open spaces . Mr.. Caplan said if they could satisfy the Planning Board' s requirements they would like to get the project underway some, .time in the fall. The Planning Board held a preliminary discussion with regard to property at East Marion, N.Y. , east of. Island' s End Golf Club with Lefferts P . Edson, Esq. , Rudolph Bruer, Esq. , Messrs : James Douglas , . Jim Nicholson, Fred Purdy and Joseph J. ' Donovan of the Equitable Federal Savings and Loan Association and Messrs : .Doug McLean and Gene Haberman of Francisco and Jacobis, owners of the property. . The purpose of this meeting was to discuss the- requirements for preparing a preliminary map for subdivision of this property. Mr. Edson stated that .the Equitable. Commilnity Home Service Corp. , a subsidiary of Equitable Federal Savings & Loan . . Assoc. , has a contract for the purchase of this property. A proposed plan was presented showing approximately 300 lots on the 160 acres and included a sewage treatment plan. The entire parcel is zoned "A" Residential. A comm-iJnity beach and tennis court was proposed. It •was' stated the philosophy was to develop it primarily for a vacation-retirement commuknity. Mr. Donovan stated that it was strictly to Southold Town Planning Board - 7 - August 15, 1972 develop. the land and put in improvements . The Chairman stated that the Planning Board accepts the Town Highway Specifications for dedication and this means that the highways must meet the approval of the Superintendent of Highways . Mr. Wickham said he was relieved to see this presentation because it is my feeling that something can be worked out here which will be to your benefit and to the Town. It is better if you develop it as you indicated over a period of years selling lots . The Town is holding back on multiple housing just as hard as we can. We have a dislike and a distrust of people who come in and want to develop the entire thing themselves . They want to do it in a hurry. If it is on a land sale basis it has been our experience it has usually been developed gradually with time to accommodate the increased needs. We are interested in keeping down, population density and you can expect that we are going to be trying to get you to put as few homes on here as,.,you can possibly do and weeare going to be holding out at every turn. This is a choice location if it is done properly. We have only one consideration and that is the best interest of the Town of Southold. We submit that the best interest may very well be your best interest as well. Mr. Donovan stated that they had preliminary conversations with the water district and they said. there was adequate water to supply this area. The speed of construction would be of a long range. Mr. Moisa stated that he would like to see a different lay out. Mr. Donovan said they would do that. Mr. Wickham stated that the Board was pleased with their approach., The Planning Board discussed the proposed subdivision at Orient Point with Richard Cron, Esq. , and Mr. Wilsberg. Both Mr. Cron and Mr. Wilsberg stated they had copies of the Soil Conservation Report that was requested by the Board. Mr. Cron said he did not see how the property can be clustered with individual lots . Mr. Raynor asked if there would be any objection if the map was sent to the County Planning Commission for for their suggestions . Mr. Cron said he did not think the County should plan the east end. Mr. Wickham advised Mr. Cron that the Board is required to send subdivision maps to the County Planning Commission and that this is a condition of our approval. They must meet the requirements of the County Planning Commission. Mr. Raynor asked if they want a determination from this Board on the basis of what you propose . Mr. Cron said yes;.;he felt it meets the requirements of the Southold Town Zoning Ordinance. Mr. Cron said that Van Tuyl drew the map to meet the requirements of the Southold Town Zoning Ordinance. Apparently the surveyor must have thought this was the most advantageous way of laying it out. Mr.: .Wickham said we will send the map to the County. Southold Town Planning Board - 8 - August 15 , 1972 We have to send it to them anyway. . The U.S . Conservation Service came up with some facts and these facts affect health, safety and welfare. Mr. Cron said he would check with the Board in about three weeks . Mr. David Gillispie appeared before the Board with regard to subdivision of Frank Stillo at 'Orient, N.Y. Mr. Wickham said that we have discussed this several times and there is no problem with it. The only thing is we normally send these up to the County Department of Health for their approval. We could approve approve this subject to the decision of the Health Department. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the subdivision owned by Frank Stillo at Orient, New York, be approved subject to the approval of the Suffolk County Department of Health. Vote of the Board: .Ayes : Messrs . Wickham, . Moisa, Raynor, Grebe . The Planning Board discussed Arrow Head Cove Subdivision with the owner, Mr. Abelson. This subdivision is not on the list of approved subdivisions . Mr. Wickham explained to Mr. Abelson that one of the criteria the County recommended for excepting subdivisions from the new requirements was a certain percentage of the lots having been sold. At that . time substantially less than one half of the lots in this subdivision. had been sold. Mr. Abelson said he did not .have contracts but had promised half of the lots to other persons. With. Mr. Abelson was one of the owners of three lots in the subdivision, Mr. Blake. Mr. Wickham told Mr. Abelson that this is a matter for the Town Board to handle but we normally recommend to them and presumably they are going to have to have some of these which are not on the approved list and hold a public hearing on them and under some circumstances give them approval. Mr. Raynor stated that the County Health Department requirements are different for well and cesspool distances . Mr. Wickham said what the Planning Board and the Town Board are doing is to try and hold down on population density. What we would like you to do is to alter the lot lines to Southold Town Planning Board. - 9 - August 15 , 1972 some degree so you can come close -to conforming with exisiting zoning. One of the ways to amend the map is to earse some of the lot lines . Mr. Abelson said this is what he had been doing. Mr. Wickham said this could be done simply and the Town Board and we would be very receptive. This is the reason the County Planning Commission thinks it is worth looking. into subdivisions that have not moved very rapidly. When the Ordinance was amended to provide for one acre zoning the price of lots .went up sharply. I would suggest. that you talk to your surveyor and tell him what you would like to do. Have him draw up and submit a sketch. The County Planning Commission has a technique for amending these filed subdivisions . I would like to submit the sketch to them. Mr. Abelson asked how soon this must be done and Mr. Raynor advised -him for his own protection it should be done at his earliest convenience; within the next month or two. Mr. Abelson thanked the Board for their assistance. The Southold Town Planning Board received from the Southold Town Board the original petition of Lilliam Pell, Greenport, New York, relative to a change of zone from "A" Residential and Agricultural District to "B" Business (light business) District ;on certain real property situated at northwesterly side of Old Main Road, Greenport, New York together with instructions to prepare an official report defining the conditions contained therein. This property is situated in the Town of Southold, County of Suffolk, New York, and more particularly bounded and described as follows : BEGINNING at a point on the present . "B" zoned district line 200 feet from Old Main Road on the north easterly line of property of W. Krumholz' and others , and the southwesterly line of applicant, and running thence N. 3611 13 ' 4.0" W. 291. 19 feet to land of W. Krumholz .and others rulining thence N. 51° 03 ' 00" E. 284 . 71 feet along land of Krumholz and others, thence S . 411 26 ' 30" E. 291.12 feet along land of Krumholz and others to the present "B" district zone line , running thence S . 51' 03 ' 00" W. 311. 20 feet through land of applicants to point or place of beginning. On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board recommend Southold Town Planning Board - 10 - August 15 , 1972 to the Southold Town Board approval of the petition for change of zone from "A" Residential and Agricultural to "B" Business on the above descri6eA property. Vote of the Board: Ayes : . Messrs . Moisa, Raynor, Wickham, Grebe. The meeting was adjourned at 11: 45 P .M. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board JbJJn Wickham, Chairman