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HomeMy WebLinkAboutPB-07/06/1972-EXEC . • I< o��f��o o � ' Southold Town Planning Board 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 July 6 , 1972 An executive meeting of the Southold Town Planning Board was held at 7 :30 P.M. , Thursday, July 6 , 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; Alfred Grebe. Also present: Albert Martocchia, Town Supervisor; Howard Terry, Building Inspector. The Board discussed the inspection- that was made of the Mattituck Shopping Center on June 30, 1972 , by Messrs : Wickham, Raynor, Terry and Hindermann, and the special meeting of the Planning Board held on July 1, 1972 . Southold Town Planning Board - 2 - July 6, 1972 Mr. Terry said Alden Young had been in the office today (July 6 , 1972) and brought a survey he had made dated July 6 , 1972 , and a revised plan, approved by the Health Department as submitted by Mr. Yezzi, the architect for Mattituck Shopping Center. The Planning Board had never received a copy of this revised plan and it was not in keeping with the original site plan as approved by the Planning Board on July 19 , 1971. The revised site plan shows a change in the number of cesspools and in elevations . The approved site plan dated July 19 , 1971, calls for a finished floor of approximately 33 feet and the inspection made by the Board on June 30 , 1972 , shows the buildings are 2 ' 9" less than this. This, :means the sewage capacity is cut in half. Their map shows 22 feet to water and Alden Young ' s shows 20 feet. Mr. Coyle said they have two feet of water in their pools now. Mr. Terry stated that the building permit was issued on the original map and then they went back to the Health Department with this other map, got it approved and never showed it to us . Mr. Wickham said they have got to spend a lot of money, maybe $100 , 000 or $200 , 000, to raise the structure to meet our require- ments or put in at least as much additional sewage disposal structures. Mr. Terry said Alden Young found there is up to a 6% grade on the parking lot. and it should be 2 1/2% to 3% maximum grade. If it is raised back up to 33 feet it will cut the grade down to 3% . Mr. Yezzi had said the plan approved in 1971 was all right with him. Mr. Terry said that Raymond Dean had worked out an agreement for curbing Factory Avenue. Mr. Terry said Mr. Cassella wanted to put in a water tower in the reserved area and he told him he would have to get approval from the Board. Mr. Wickham stated that they have completely inadequate sewage disposal; they have completely inadequate parking lot drainage. The Board of Health has stopped approval . Mr. Wickham said the Board needs to take some action at this time. The Board should ratify the resolution made at the special meeting on July lst. Mr. Wickham said he believed in compromise but his compromise would be to raise the floor two feet instead of two feet nine inches and make the drainage adequate for a four inch rain instead of a one inch rain and make the sewage disposal adequate with 20 feet to ground water instead of 22 feet but you can' t approve the thing at the present level without honeycombing the whole thing with drainage and sewage disposal -structures . I would insist on having four inch drainage, plus everything that comes off Factory Avenue. This is the only type of compromising I will do. He has to raise the finished floor . On motion of Mr. Grebe, seconded by Mr. Coyle, it was RESOLVED that the Board ratify the resolution made at Southold Town Planning Board - 3 - July 6 , 1972 the special meeting of the Planning Board on July 1, 1972 , which reads as follows : "A motion was made by Henry Moisa and seconded by Henry Raynor and unanimously carried that the developer meet the require- ments and construct facilities as on the approved site plan dated July 19 , 1971. " and approve the Chairman ' s Minutes of that special meeting. Vote of the Board: Ayes : Messrs . - Wickham, Moisa, Raynor, Coyle, Grebe. On motion of Mr. Wickham, seconded by Mr. Moisa, it was RESOLVED that there will be a special meeting of the Planning Board on July 10 , 1972 , at 9 : 00 A.M. in the Town Office, Southold, New York, and Mr. Cassella will be notified and asked to attend. Vote of the Board: Ayes : Messrs . - Wickham, Moisa, Raynor, Coyle, Grebe. Mr. Moisa told Mr. Martocchia that the Planning Board has been talking about changing the Zoning Ordinance to cover a situation with lots of over one acre. Mr. Terry said it would have to be a separate category in the Ordinance on lots of over 40 , 000 square feet. Mr. Wickham said an amendment to the Zoning Ordinance is needed which would say that Agricultural and Residential Zone at the option of the developer with the approval of the Planning Board and the Town Board may be not less than two to four acres . If we had it set up as a zoning category, then in order to change it they would have to actually bring a petition to change the zone. Mr. Wickham read the following letter and report from Arthur H. Luce, District Conservationist, Soil Conservation Service with the Suffolk County Soil and Water Conservation District: Southold Town Planning Board 4 - July 6 , 1972 Dear John, Attached are comments on the proposed subdivision at Orient Point. I hope this information will be meaningful in your study and ultimate decision as to the approval of this project. If the District can be of further assistance, please let us know. Sincerely, Arthur Luce REVIEW MADE FOR SOUTHOLD TOWN PLANNING BOARD BY SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT ASSISTED BY: U.S .D.A. Soil Conservation Service 127 East Main Street, Riverhead, N.Y. This review is being made at the request of the Southold Town Planning Board to the Suffolk County Soil and Water Conservation District. The following comments are offered based on the preliminary subdivision plat map for E.W. and H.W. Wilsberg to be known as Orient Point. Map prepared by Van Tuyl and Sons, dated May 2 , 1972 . The soil mapped on this property is principally 12A - Haven loam, 0-2 percent slope and 41 - Beaches . Haven soils are characteristically deep well drained, medium textured soils that developed in a silty or loamy mantle overlying course sand and gravel. These soils are moderately permeable in the subsoil and very rapidly permeable in the substrata. They are rated as having only slight limitations for urban uses. Sewage effluent disposal, although rated as having slight limitations could possibly affect the quality of ground water over a period of time. Southold Town- Planning Board - 5 July 6 , 1972 Because of the close proximity ,of this tract of land to the sound, one might expect salt-water intrusion to occur if individual -wells and unrestricted or uncontrolled pumping were allowed. For this reason a community or central water system should be considered. In view of the delicate balance of ground water and salt water, especially in this location, due consideration should be. given- to making sure that all of the storm runoff water is recharged to the ground water acquifer rather than allowing it -to runoff into the sound. On the individual lots care should be taken to make sure roof, driveway and lot drainage is recharged to the ground and not allowed to flow over the banks into the sound. Although soil erosion during the construction phases is not seen as a big problem, certainly care should be taken to seed to a temporary cover (of rye grass) areas that have been rough graded. Areas that have been final graded should be seeded to a permanent grass mixture. This conservation measure will prevent silting in of any planned drainage or recharge structures . Shoreline and bank erosion problems are a distinct possibility on this site. As anyone who has lived along any of the Long Island shore will tell you, the characteristics of -the beaches and shoreline are constantly changing. High intensity storms often cause erosion and loss of soil material at the toe of the bluffs or banks. This results in slipping and sloughing off and ultimate loss of soil material along the face of the slope. In an effort to ,prevent or overcome this problem, expensive remedial measures such as groins and bulkheading have been installed. Unfortunately these projects are expensive (often beyond the financial capabilities of some) and furthermore not always a sure fire means of overcoming the problem. Of the thirty eight lots shown on this subdivision plat, twenty two directly abutt on the shoreline, thus posing a potential problem for these homesites. According to the publication by the Department of the Army; Corp of Engineers on the "North Shore Beach Erosion Study, page E-18" , it states "During the period 1836-38 to 1965; "Eastward to Orient Point, there were minor recessions of up to 80 filet except at the point, where it was as great as 100 feet. The point was shortened by 650 feet, while along 2 , 200 feet of shore on its south side, there was a recession of up to 180 feet. " On a site such as this with it' s unique location and inherent potential problems perhaps a reasonable alternative would be to encourage a cluster type of design. To achieve this the developer would be allowed to develop smaller lots than specified in the zoning ordinance although restricting Southold Town Planning Board - 6 - July 6, 1972 the total number of units to that using a conventional design. Using this type of approach a greater amount of land could be devoted to common open space. In this case, one might consider keeping land adjacent to the shoreline in open space with residents of the . subdivision 'sharing in the ownership and main- tenance of this area. It would appear that some potential problems might be alleviated using this approach and at the same time preserve some of the natural qualities of the land which makes the area so attractive. Without question there are pros and cons to consider in both types of residential development in so far as economics, market- ability, etc. , are concerned. We have, however, attempted to indicate that there is an alternative to this type of design. . .one which seemingly is worthy of consideration primarily from the standpoint of the natural resources involved. Mr. Wickham said the Planning Board might suggest to Mr. Cron and Mr. Wilsberg that based on this report we think the only possible way would be a cluster development as a single family zoning. and work it out with the, Town Board with a negative easement on. the balance. The Planning Board received the proposed subdivision map of Agnes Catalano with the endorsement that the lot lines will not be changed and showing the owner across the . street. All that is needed now is the application and fee and it can be approved. On motion of Mr. Coyle, seconded by Mr. Grebe, it was RESOLVED that the Chairman be authorized- to sign the Map of Agnes Catalano at Laurel, New York. Vote of the Board: Ayes : Messrs . - Wickham, Moisa, Raynor, Coyle, Grebe. Mr. Wickham received the following letter from Froehlich & Mahony, Esqs . , dated June 21, 1972, in regard 'to Woodhollow Properties - Orient-By-The-Sea: Southold Town Planning Board - 7 - July 6 , 1972 Dear Mr. Wickham: I am writing to you in accordance with our conversations at the hearing on Tuesday night, June 20th. I would also like to take this opportunity to again thank you and the . Board for allowing us to again present our problems to you. I thought the meeting fruitful since it indicated an interest on everyone ' s part to try to work out this map. In accordance with your request, I enclose herewith copies of lists which I had Mr. Uhl ' s office prepare for me. First of all there is a set of lists for Section I . The first list indicates the total lots sold in Section I and the second list indicates the total houses built in Section I and the years in which said transactions occurred. In addition there is a similar set of lists for Section 2 which indicates the total lots sold and the total houses built. These lists with respect to Section 2 do not include those lots which were conveyed in September of 1971 to various owners in an effort to protect the map as I explained at the hearing and which one member of the Board referred to as "checkerboard. " I will get a separate list of those lots and give you the ,dates of conveyances .c^I was not involved in the actual conveyances of these lots so that my files do not disclose the lot numbers and the actual date. However, my recollection is that these lots were all conveyed on or about September 4 , 1971. I can also give you a list, if .you so desire, of the purchase price that has been established for each of these lots that are on that part of the map which is subject to question. I trust this information conforms to your requirements and please do not hesitate to call me with respect to any other questions you might have. Very truly yours , Harold A. Mahony Mr. Wickham stated this is not an approved subdivision. They can't get a building permit on it. Mr. Terry said it is strictly a paper transaction. The Town Board won't approve it without our approval or the County' s . On motion of Mr. Wickham, seconded by Mr. Raynor, it was RESOLVED that all numbered lots in Section 2 , Orient-By- The Sea, inside an area bounded by Plum Island Lane, Ryder Farm Lane and the Main Road and in addition lots numbered Southold Town Planning Board - 8 - July 6 _., 1972 56 , 57 , .58 , 59 , 60, 61, 62 , 64 , and 65, and excluding Lot #1 which appears in Section 1, be brought up to present zoning standards and the highways for these lots be brought up to present specifications . Vote of the Board: Ayes: Messrs . - Wickham, Raynor, Moisa, Coyle, Grebe. Mr. Terry read the following letter from Stephen F. Griffing, Jr. , Esq. , dated July 5 , 1972 , addressed to the Planning Board: Gentlemen: Reference is made to application by Angelo Petrucci in 1967 for dredging a canal east of Still- water Avenue in Cutchogue. Your Board issued its approval of the work by a letter addressed to Mr. Petrucci under the date of May 16 , 1967 . Mr. Petrucci has recently sold the property and the new owner requested that we obtain from you a letter of approval of the work. If you can give us written approval we would appreciate it. Very truly yours , Stephen F. Griffing, Jr. cc : Shepard M. Sheinberg, Esq. Mr. Terry said Mr. Petrucci bought several lots in the Hand Estate and when the deed went to the County Clerk' s Office the right of way was not included. He then lost the right of ,way in a tax sale deed. The person who bought the right ,of way sold it for $3 , 000 as a building lot. The man who bought it came in for a building permit last week and I told him it is a right of way for all the people in M. S . Hand Subdivision. The assessor ' s office just found the parcel, of the deed for the right of way that was cut off . At least 700 of the lot is wetlands . It is 30 ' X 3001 ; 3000 square feet is upland. The Board will send the following letter to Mr. Griffing : Southold Town Planning Board - 9 - July 6 , 1972 Dear Mr. Griffing: Fron our point of view this permit has long since expired and at the present time it is very difficult to . get approval of dredging wetlands . Very sincerely, John Wickham Chairman The Planning Board received a copy of a contract between Mrs. 011ie Overton and the Southold Park District made the 29th day of June 1972 , which states : "Said premises being and intended to be the_. same premises designated as plot number 6 on a certain map designated as "Proposed Minor Subdivision of land of 011ie M. Overton, at Southold, N.Y. " , dated January 26 , 1971, and made by .Van Tuyl & Son, licensed land surveyors, ' Greenport, N.Y. , it being understood and agreed that this agreement ;_is subject to approval by the Southold Town Planning Board of the proposed minor subdivision map to enable the Seller herein to set off and sell the remaining five parcels, each having a 100 foot road frontage as separate parcels . This agreement is subject to the purchasers obtaining approval of the electors of the Southold Park District and the Commissioners of said Southold Park District agree to make diligent application to .obtain such approval. " Mr. Terry said the Ordinance has been changed and 100 foot lots. are no longer legal. The Appeals Board turned it down because they applied for 100 feet and the ,Planning Board had not approved. Mr. Wickham read a letter to the Planning Board dated April 13, 1971, from the Southold Park District: Dear John• I am enclosing a copy of the first draft of a letter sent to Mrs . 011ie Overton regarding her property at Founders Landing in Southold. The letter that was mailed said the same thing but Frank Lekich tells me that he typed it better. He had no carbon paper. We would like to purchase as much of that land as we could get the taxpayers to go along with. Our prime concern is the approximately 160 feet that we . have been renting for many years. We feel Mrs. Overton is asking too much for. Southold Town Planning Board - 10 - July 6 , 1972 this land considering that it is next door to a public beach and across from a rather congested area. Considering that she wants $30, 000 for a 100 foot lot it is difficult for me to comprehend the person who would pay this amount, in that particular ,neighborhood. We have approached many people and groups to get a consensus as to the price we should offer. It averaged out around the $200. 00 we offered. She has made no reply to the offer. I didn't expect one. We want to express our thanks to you for your concern and we really hope that something can be arranged amicable. We want to avoid condemnation but we feel we must keep at least that which we now rent. Sincerely yours, William G. Albertson Mr. Wickham also read a copy of a letter from the Park District to Mrs. 011ie Overton dated April 5 , 1971: Dear Mrs. Overton: At the last public meeting of the Southold Park District, we told the people present of your intention to sell your land at Founder ' s Landing. In an open discussion it was unanimous. that we, the commissioners , should make every effort to purchase as much of the land as we can. We ,are primarily interested in the portion of the land that we have been renting. We understand that you own 660 feet more or . less and if you are dividing this into 100 foot parcels we would like to buy the 160 feet from our line eastekly towards Town Harbor Lane. We have approached individual taxpayers and groups to get ideas of a fair offer and frankly we have a price gap. We do feel, however, that we must make an offer of $200 . 00 per foot to you. If this is acceptable, you realize that. we do have to go through the legalities of public meetings and voting on the necessary bond issue, etc. Any counter offer you may wish to make us will be brought before a special meeting of the Park District called for the express purpose of accepting that offer. Mr: Bill Albertson has informed the commissioners that you are willing to continue to rent the land at Founders Landing on a year to year basis until such time Southold Tow.,., Planning Board - 11 - July 6 , 1972 as it is sold. He also quoted that you would give the Park District first preference in the event of another offer to you for the parcel adjoining our property. We can only hope that by the time you sell the Easterly lots , that the tax burden eases and the taxpayers might feel more susceptable to making a new offer. Sincerely yours, Frank Lekich For the Park Commissioners Mr. Raynor said they should describe Lot #6 by metes and bounds in the contract. Mr. Wickham said we should tell the Appeals Board that Mrs. Overton has met our requirements and this is the last five lot minor subdivision the Board is prepared to approve. On motion of Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that the contract of sale between Mrs . 011ie Overton and the Southold Park District be redrawn giving the metes and bounds description of the property and that Mrs . Overton submit a survey showing the five lots and excluding Lot #6 under contract to the Park District. Vote of the Board: Ayes : Messrs. - Wickham, Moisa, Raynor, Coyle and Grebe. The Chairman directed the Secretary to write to the Appeals Board telling them we are asking that the contract be redrawn with , a metes and bounds description and since Mrs . Overton met all requirements imposed by the Planning Board we will approve the minor subdivision. This will;"rbe the last five lot minor subdivision the Board will approve. Mr. Terry said he received a copy of the Suffolk County Department of Health Certification of Approval of Realty Subdivision Plans for Petty' s Bight, Orient, New York. Southold Tow,, Planning Board - 12 - July 6 , 1972 Mr. Terry said Bob Krupski called him and he told him to have the test hole marked. The Planning Board has to make a decision in Park and Play Ground require- ments . Mr. Moisa said we should have a fund for Park and Play Ground. Mr. Wickham dictated the following letter to Mr. Robert Tasker: Dear Bob: The Planning Board has before it a subdivision of about 20 lots all with Town Highway frontage and the property is bisected by the Long Island Railroad. It would seem that there is no point in requiring some of this property to .be set aside for Park and Play Ground, but we feel that in all fairness the developer should meet the requirements . The Board is of the definite opinion that we should start setting up a fund for Park and Play Ground purchase and this would be a . good place to start. It is our feeling that the cash payments instead of transfer of real property should be deposited in a Park and Play Ground fund, and if at some future time this is challenged in court there would be no trouble in making restitution. In the meantime the Town could be building up a fund for meaningful - purchases of attractively located parks and play grounds . Very sincerely, John Wickham Chairman Mr. Terry read the following copy of a letter sent by Bernard Kaplan to Raymond Dean, dated June 27 , 1972 . Dear Mr. Dean: As yet I have not heard .from your.or Mr. Abrahams as to what the revised requirements will be for the completion of the roads . I am most anxious to complete the roads by this summer and your cooperation will be greatly appreciated. Very truly yours, DAWN ESTATES Bernard Kaplan w Southold Town Planning Board - 13. - July 6 , 1972 Mr. Terry read the following letter from The North Fork Agency dated June 27 , 1972 : Dear Mr. Wickham: As your records will indicate, I submitted, on behalf of the owners, Messrs. Gordon and .Hamburger, a plan for a five lot minor subdivision at Orient on June 6th.. For .your records, I am forwarding a letter addressed to the Board from Mr. Gordon, indicating that the agreeement not to further subdivide is acceptable to the owners. With an indication from the Board that such a minor subdivision would receive final approval, I will ask Mr. Van Tuyl to proceed with a more formal map indicating test hold data, corner elevations, and other required information. Awaiting the Board' s determination, I am Sincerely yours , Robert W. Gillispie, III Attached to that letter was the following letter dated June 26 , 1972 , from Leonard Gordon: Dear Mr. Wickham: re: Main Road, Orient Point Former Wilkins property The writer has spoken to Mr. Gillispie regarding the possibility of a minor- subdivision of 5 plots**on the above property. Should such a subdivision be granted, we would . agree to any request the Board. may make regarding any warranty or deed restriction on this property so that it could not be further subdivided. This property does not include the two houses which have been sold. There is a 50 foot stkip that was left alongside of the sump for the purpose of a future road. It is my understanding that minor subdivision implies a gravel or hard dirt road with no drainage, leaving a 50 foot width but finishing only 20 feet of it. Very truly yours , Leonard Gordon *Mr. Gillispie believes that 5 plots is the maximum the Board would allow. However, the property does lay out with a center road for 6 plots: Would this be possible? * * * Southold Town Planning Board - 14 - July 6 , 1972 Mr. Terry said he received an amended survey of property of G. Wells .at Peconic, N.Y. The Board discussed the property and the changes made in lot lines . On motion of Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the amended map of Minor Subdivision for George H. Wells Est. , at Peconic, N.Y. , be approved. Vote of the Board: Ayes : Messrs. - Wickham, Moisa, Raynor, Coyle, Grebe. The Board received the following letter from the Suffolk County Department of Planning, dated June 26 , 1972 , in regard to W. Conway proposed change of zone: Dear Mr. Wickham: Re: Application of William and Wilfred Conway for a proposed change of zone from "A" Residential and Agricultural to "B-1" Business District, Town of Southold, (SD-72-13) Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission has reviewed the above captioned zoning action and after due study and deliberation disapproved this change of zone because of the following : 1. It is inconsistent with the Town Master Plan which designates this area for suburban density residence development. 2 . It , constitutes the unwarranted perpetuation of commercial development along the county roadway detrimental to the safety and traffic carrying capacity of said facility. 3 . It would tend to establish a precedent for further down-zonings along the county roadway. 4 . There is ample vacant business zoned land in the locale. Very truly yours, Lee E . Koppelman Director of Planning by�Gerald G. Newman Chief Planner • Southold Town Planning Board - 15 - July 6 , 1972 On motion of Mr. Coyle, seconded by Mr. Grebe, it was RESOLVED that the minutes of the June 20, 1972 , meeting of the Southold Town Planning Board be approved subject to minor correction. Vote of the Board: Ayes : Messrs . - Wickham, Moisa, Raynor, Coyle, Grebe. The meeting was adjourned at 10 :30 P .M. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board oh Wickham, Chairman