HomeMy WebLinkAboutPB-08/15/1972 Southold Town Planning
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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