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HomeMy WebLinkAboutPB-07/18/1972 Southold. 'Town Planning Board. 0 S❑UTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Malsa Alfred Grebe Henry Raynor Frank Coyle M I N U T E S SOUTHOLD TOWN PLANNING BOARD July 18 , 1972 A regular meeting of the Southold Town. Planning Board was held at 7 :30 P.M. , Tuesday, July 18 , 1972 , at the Town Office, Main Road, Southold, New York. There were present: Messrs: John Wickham, Chairman; Henry Moisa, Vice Chairman; Henry Raynor; Frank Coyle (9 : 30) Absent: Alfred Grebe Also present: Howard Terry, Building Inspector; Robert W. Tasker, Town Attorney (9 : 00) . Southold Town Planning Board - 2 - July 18 , 1972 The Southold Town Planning Board and Rensselaer G. Terry, Esq. , discussed the agreement between Mrs . 011ie Overton and the Southold Town Park District. Mr. Howard Terry said the Board of Appeals had approved, but the approval would not be in the mail until next week. The Chairman stated that the Planning Board would not be approving any more minor subdivisions of five lots . Mr. R.G. Terry agreed to delete the papragraph from the agreement which refers to Lot #6 of the proposed sub- division. He said this was for identification purposes only and the metes and bounds description is correct. Mr. Wickham said this subdivision has been under discussion since January 26 , 1971, and has been presented to the Board several times and the applicant has met all the conditions and requirements of this Board and our information is that it meets the approval of the Board of Appeals. This time has been spent in trying to solve the problems of the Southold Park District and the property owner in accordance with the established policy of this Board to convey to any public facility the fact that adjacent property is .petitioning for subdivision and ask if they wish to take any action and the time spent on this has been in response to their positive answer. On motion of Mr. Moisa, seconded by Mr. Raynor, it was RESOLVED that the proposed minor subdivision of 011ie M. Overton , at Southold New York, be approved. Vote of the Board: Ayes : Messrs . - Wickham, Moisa, Raynor. The Planning Board, :Rensselaer G. Terry, Esq. , and Mr. Charles Gagen discussed property owned by Mr. Gagen located on the south;:•side of Clearview Avenue, Southold. The property fronts on Goose Creek. Mr. R.G. Terry stated that there are four lots all having 100 foot frontage except for one with 97 feet. Mr. Gagen would like to have a minor subdivision approved. Mr. Gagen said the property was filled and was not diked. Mr. Moisa asked Mr. Gagen if he had considered a three lot subdivision instead of four . The requirements are now 135 foot frontage and 40 , 000 square feet per lot. Even three lots would be only about 35, 000 sq. feet. The Board is trying to hold to that policy. Southold Town Planning Board - 3 - July 18 , 1972 Mr. Wickham said they-.Planning Board submits these maps to the County and they would send it back with four lots . Mr. Wickham stated that the County is rigid about their requirements on filled land. Mr. Gager' stated he also owned two lots adjacent to this property and they have 90 feet frontage . Mr. R.G. Terry said he would like to have the Board look at the property before filing a formal application and Mr. Wickham said the Board would do that. The Planning Board next continued the hearing on Petty' s Bight Subdivision at Orient, N.Y. , with George Wetmore, Jr . Mr. Wetmore said the owners intend to put the roads in as soon as possible. Mr. Wickham said the map had to be stamped by the surveyor that the lot lines would not be changed or altered. Mr. Wetmore stated he would have this done and bring the map to Mr. Terry':s office the next morning. Mr. Wickham said before final approval you have to have the approval of the Town Highway Superintendent and pay the required fee. Mr. Terry stated that if they were going to do the roads instead of bonding there will be no 4% charge. Mr. Wickham said we will approve the subdivision and authorize the Chairman to sign the map subject to receipt of the bond or a statement from our engineer that the work is completed and approval of the Town Highway Superintendent. We will also require, 'and should have 10 days prior to the date of the adjourned hearing, a statement from your attorney about the rights of way. Our file has to be complete and we can=give you a letter after that hearing saying it has been approved subject to these things . The Planning Board, Mr. George Penny and Mr. Jack Driscoll discussed the proposed office building of Mr. Penny at Mattituck. Mr. Penny requests a 45 foot set back from the highway instead of 50 feet because of a drainage,---problem. Mr. Wickham stated that after looking at the property a more important reason for moving the southwest corner further north is to get a better bearing. Mr. Penny stated that the County insists on putting in the curbs. There was a discussion of two large trees on the property and how close to the boundary they were. Mr. Driscoll stated that there is no empty land and no other buildings can be built there. Southold Town Planning Board - 4 - July 18 , 1972 On motion of Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the proposed office building of George Penny, at Mattituck, N.Y. , have a 45 foot setback from the road instead of 50 feet; pave 25 feet of the right of way back 45 feet; 35 foot paved entrance from County Road 27 . The tree in the front of the property must be removed. Vote of the Board: Ayes : Messrs . - Coyle, Moisa, Raynor, Wickham. The Planning Board next discussed the proposed subdivision of Isidore P . Krupski with Bob Krupski. Mr. Wickham told Mr. Krupski that the Board does not have an answer on the park and play ground provision. Mr. Krupski asked if he could take the map to the County Health Department and Mr. Terry said he thought he should take it to the Health Department and get the test wells and test holes marked. Mr. Wickham said that we require one lot or one acre for every 50 lots or 50 acres to be set aside as park and play ground for the people in the subdivision. If we think it is a hardship we can waive the requirements. If it is anything approaching a 50 lot subdivision or if it is on the water we say you have to meet them. Some cases like this the Town and the people don 't gain anything for a lot or 1/2 lot and it would not be good to have it near the Railroad. There are many townships which have said in lieu of accepting park and play ground that they will accept an equivalent amount of money, the value of one lot, to go into a town fund for park and play gound. Mr. Wickham said we don ' t think that the lot lines should be changed. This is not a good place to have park and play ground and there are Town beaches less than two miles away. Mr. Terry said the County will probably require two test wells and two test holes . They have to be shown on the preliminary maps . Mr. Krupski said he will take the map to the Health Department. Richard Cron, Esq. , presented the map of Martin Filla subdivision at Cutchogue to the Planning Board for approval. Southold Town Planning Board - 5 - July 18 , 1972 On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the minor subdivision map of Martin Filla, located at Cutchogue, New York, be approved and the Chairman is authorized t6 sign the map. Vote of the Board: Ayes : Messrs. - Wickham, Raynor, Moisa The Planning Board discussed the Mattituck Shopping Center with Mr. Thomas Cassella, Mr. Joseph Cippoletti and Norman Liben, Esq. Mr. Wickham stated that at the last meeting they were told to meet the requirements of the site plan approved by the Board. You said this was difficult acid very expensive and you have submitted to the Building Inspector what I expect is an amended site plan and plans for drainage structures. We have a tenative report from our engineer stating that the storm water disposal is relatively acceptable or meets the criteria. There still remain a couple of problems . I have been talking to our attorney and asking what limits there are on the freedom of this Board and we want to have this clearly understood. If you meet the requirements of the original site plan, that is all we are asking. The minute we start compromising then we have to move very slowly. We have only one interest and this is the best interest of the Town of Southold. You understand that if you are submitting an amended site plan this is a whole new game. We have got to have time to look it over. We have to go over not only drainage, but parking and total land scaped area. Even before we get into that there is one thing on this site plan and that is the water towerr in the reserve strip. This is entirely wrong. The reserve strip was put in by this Board and you went to the Appeals Board and reduced the reserve strip, which we had to agree to above our protests. Now you want to put a water tower in it. We should be saying to you on your amended site plan, meet the 50 foot reserve strip. The second time around why should we honor the action of the Appeals Board. We could tell you to take it to them again. We are not going to do that. Mr. Liben said that Mr. Cassella started some years ago with the idea of building a shopping center. There came a time when he could not carry it financially and he sold it to Yezzi. Yezzi began the construction. It turned out that Yezzi, without permission of anyone, wrongfully cut the grade by three feet. Mr. Cassella would never have agreed. Mr.. Cassella plans to remain here himself and operate the shopping center and live in the community. Mr. Liben presented a letter from the Suffolk County Department of Southold Taw,, Planning Board - 6 - July 18 , 1972 Health showing, at least until now, there are no violations . Mr. Wickham said that the wrong figures were submitted. Mr. Cippoletti said he measured each pool and the most water in them was 13 inches and the rest were about 6 inches . Mr: Raynor said there should be no water in the pools . Mr. Liben presented a letter from Jacobsen Associates , engineers, giving two possibilities . One is re-erecting what is there and the other is making a four inch rain fall disposal system. . Mr. Wickham said we won 't compromise and if you could meet the approved site plan there would be no problem. If you don ' t and you want to submit another site plan we are going to insist on present day criteria for storm water which is four inch. We are going to insist on elevation of ground water of 22 feet and you can expect some of us will object to structures in the reserve zone and because this is a new site plan we are going to insist on original criteria for plantings and land scaping. Mr. Liben asked if it was possible by providing for a four inch rain fall the difference in the grade would be corrected? Mr. Raynor said that is only one phase of the operation. Mr. Liben asked if they would allow the building to recommence. Mr. Terry said he has to know what is going to be done before he will lift the stop work order. Mr. Raynor asked if it was their intention to give up the site plan submitted in 1971 and Mr. Liben said they would prefer to do that. If they raised the building it would lose time and the leases for the stores. Mr. Wickham said the Board must have a new plan by the next meeting. They can't approve just on the statement that all plantings and all elevations will meet the approval of the Planning Board. We are talking about an alternative proposal for a new site plan. Mr. Liben said they would stipulate the builder is repre- sented by counsel and recognize there has been a departure from the approved plan. In consideration of allowing him to proceed prior to .a final approval we will waive any possible action because the Town would allow us to proceed. A C.O. still must be issued before anyone can occupy the premises . Mr. Tasker stated that he had certain reservations. It is always much easier to approve, amend and change plans before any work had been done. The Board has to bend further when the buildings proceed. Mr. Cassella said they would agree in writing that if there is anything the Town feels they want done in the course of construction they will abide by it. Mr. Wickham stated that modification is fairly simple. The sanitary disposal has to go back to the County and we have got to check the area in plantings . Mr. Liben asked if Mr. Cassella would be allowed to continue work on the structures themselves . Mr . Wickham said he would not do it unless the Town Attorney draws up a statement and contract which will give us adequate protection for the Town of Southold. Mr. Moisa said under those conditions they may proceed. Mr. Raynor stated that he would want a Southold Town Planning Board - 7 - July 18 , 1972 performance bond for any work to be done. Mr. Cassella said it would not be possible for him to get performance bonds. Mr. Terry said what he was concerned with is what final elevations are; what grade; what plantings in the reserve strip; what about eight foot difference in elevation. Mr. Wickham said it must be understood that with the increased drainage area for storm water plus the increased area for sanitary disposal is going to run to about $150 , 000 to $200 , 000 . Mr. Cassella stated that he was aware of that. Mr. Moisa stated the first thing to do is go to the Board of Health and get .approval on the changes on the sanitary system. Mr. Wickham said he would insist on the changes on Alden Young ' s letter of July 18 , 1972 , be made. If. we are going to compromise this is one of the things that is going to have to be met. We have to be careful not to have a conflict of interest. Mr. Wickham asked Mr. Tasker if we could proceed on some legal instrument prepared by him so they might get a stay of the stop order for a specified period, to present final plans for our approval or additional plans for our approval. Mr. Tasker said from a legal stand point you can do it. There was a discussion between the Board and Mr. Tasker about a proposed agreement. On motion of Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that a special meeting of the Southold Town Planning Board will be held on July 26 , 1972 , at 7 :30 P .M. at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes : Messrs . - Wickham, Moisa, Raynor, Coyle . Mr. Tasker dictated the following agreement to the Secretary: AGREEMENT made the day of July, 1972 , between MATTITUCK SHOPPING CENTER, INC. , hereinafter called the Contractor and the SOUTHOLD TOWN PLANNING BOARD, herein- after called the Board, W11 T N E S S E T H WHEREAS the Contractor is engaged in the construction of a shopping center located on the north side of Route 25 , Mattituck, New York, and ' Southold Tows. Planning Board - 8 July 18 , 1972 WHEREAS the Building Inspector of the Town of Southold has stopped all construction on said site by reason of the fact that construction has not proceeded in accordance with the site plan approved by the Board, and WHEREAS the Board and the Contractor have met at a meeting of the Planning Board on July 18 , 1972 , and the parties have agreed that the Contractor shall be permitted to resume construction on the said site subject to the terms and conditions hereinafter set forth, to wit: 1. The Contractor: shall submit a redesign of the parking lot with less than 6% pitch by installing a retaining wall around the gas station on the southwest corner of the premises which shall require a minor change in the storm water drainage system. 2 . The Contractor shall redesign the storm water system in accordance with the letter of Alden W. Young, engineering consultant of the Town, dated July 18 , 1972 . 3 . The Contractor , shall redesign the sanitary disposal system for twenty-two (22) foot ground water elevation with not more than 10% of the structures in the reserve buffer zone and none of such structures requiring servicing. Such redesign must be approved by the Suffolk County Department of Health and shall have not less than one-quarter inch pitch. 4 . The Contractor shall redesign the grade of the buffer zone on the north side of the premises which shall include a three foot retaining wall and grass and plantings . 5 . The Contractor was given permission to install the stand pipe in the buffer zone provided that the same is located within the retaining wall and that said stand pipe and all other:l_facilities accessory thereto shall be properly landscaped with trees of not less than 20 feet in height. 6. . All buffer zones and "grass and planting areas" shall show proper grass and plantings and not wood chips . .7 . The Contractor further agrees that an amended site plan and other plans showing all of the above, together with the approval of the Suffolk County Department of Health where such approval is required, shall be submitted by the Contractor to the Board at its meeting to be held on July 26, 1972 . Southold Town Planning Board - 9 - July 18 , 1972 8 . The Contractor further agrees that in the event that the amended site plan embracing all of the matters set forth above is .not presented to and approved by the Board at its meeting of July 26 , 1972 , the Building Inspector shall be authorized to issue a stop order stopping all further construction on said site unless said Board agrees to extend the time of the Contractor to obtain the necessary approvals of this Board as well as the Suffolk County Department of Health. MATTITUCK SHOPPING CENTER, INC. By Thomas J. Cassella SOUTHOLD TOWN PLANNING BOARD By John Wickham, Chairman Mr. Wickham said we will meet on July 26th. We are prepared to lift the stop order when you give the Building Inspector assurance. Mr.:�:Tasker said there is going to be a cut off date if these things are not approved and the stop order goes back into effect again. The meeting was adjourned at 11: 50 P .M. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board John Wickham, Chairman