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HomeMy WebLinkAboutPB-06/20/1972 r Southold. 'Town Planning 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 ' June 20, 1972 A regular meeting of the Southold Town Planning Board was held at 7 :30 P .M. , Tuesday, June .20, 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. Absent: Fred Grebe. Also present: Howard Terry, Building Inspector. The Southold Town Planning Board and Mr. Carroll H. Schutze, Real Estate Broker, discussed Minor Subdivision #71 of Hugh L. Switzer. Mr. Schutze said the map has been approved by the Suffolk County Health Department and meets all requirements. Southold Town Planning Board - 2 - June 20 , 1972 '4 On motion of Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board approve. Minor Subdivision #71 of Hugh L. Switzer located at Peconic, New York. Vote of the Board: Ayes : - Messrs: Moisa, Raynor, Coyle. The Southold Town Planning Board discussed the proposed minor subdivision of Andrew Misciascia at Mattituck, New York. The Board, after discussion, decided the dividing line should be at least five feet north of the existing garage and proposed parcel 2 , which will be equally divided into two lots each containing 40, 000 square feet. Mr. George Wetmore, Jr. , appeared before the Board in regard to Map of Petty' s Bight at Orient, New York. Mr. Raynor asked if there were any encumbered right of ways. Mr. Wetmore said there will be one and they have to first establish an approved route. Mr. Raynor said you can ' t draw a final map until you get the encumberance on this map. Mr. Wetmore said it was his understanding that if the Board approves the map we have 90 days to get a bond and submit all other papers . The turn around is not going to be permanent. Mr. Terry said the Town wanted a strip reserved and when that is continued it will return back to the lot. Mnv Moisa said the Board will hold any decision until Mr. Wickham arrives and has an opportunity to look at it. Mr. Wetmore asked that the Board let him know what is needed from here until the final. After Mr. Wickham arrived the Board again discussed the Map and said they were satisfied with the revised map and reserve strip on Lot #11. Mr. Wickham said he will call Mr. Charles Lind of the Suffolk County Department of Planning the next day and let Mr. Wetmore know after he talked to him. The Planning Board discussed the Map of Laurel Country Estates . Mr. Terry said that Raymond Dean, Town Superintendant of Highways , wants the Planning Board to do a check on the lots . Apparently the catch basins are all plugged solid. The Planning Southold Town Planning Board - 3 - June 20, 1972 Board should have Larry Tuthill go up and do a re-estimate on the drainage. Mr. Raynor said we should notify the developer. On motion of Mr. Coyle, seconded by Mr. Raynor, it _was RESOLVED, that the Southold Town Planning Board will instruct .Larry Tuthill to re-estimate the drainage in Laurel Country Estates . Vote of the Board: Ayes: - Messrs : Moisa, Raynor, Coyle. The Vice Chairman instructed the Secretary to write to Mr. Larry Tuthill to do a re-estimate on the drainage in Laurel Country Estates and send copies of that letter to Raymond Dean, Mil-Matt Agency, and Laurel Country Estates . The Vice Chairman read the following letter from Robert A. Villa, P.E. , Chief, General Engineering Services, Suffolk County Department of Health, dated June 12 , 1972 , in regard to Subdivision of David Gillispie, at East Marion: Dear Mr. Wickham: We have received your letter of June 1, 1972 , with attachments for the above referenced project. In reviewing the submission, we find that under our code , this is not a minor subdivision, as it consists of five lots; therefore, we require a full submission withethe usual fee of $3 . 50 per lot. We would normally require a test well for this project, however, in inspecting the site this morning, it was noted that a house is under construction by G. Ahlers, and we will consider the well for this house as our check of the availability of a good water supply. Until such time as we have the water analysis results from this well and a complete submission, we are not in a position to approve this application. If you wish to discuss this further, please contact this office. Very truly yours, Robert A. Villa, P.E. Chief General Engineering Services r Southold Town Planning Board - 4 - June 20 , 1972 The Vice Chairman read the following letter from Bernard Kaplan, dated June 16 , 1972 , in regard to Cleaves Point Section III : Dear Mr. Wickham: I thank you for your most cooperative letter of June 14 , 1972 . Please be advised that I have lost no time in attempting to re-do the roads but unfortunately we have run into some difficulty in obtaining an available contractor to do the work and coming to a complete understanding with Mr. Dean and Mr. Abrahams as to how we should proceed. I have finally obtained Mr. Raymond Welch of Riverhead to do the work and expect that the procedure will be fully agreed upon shortly, barring unforseen snags . Be assured I shall do my utmost to resolve this matter as fast as I can. Very truly yours, DAWN ESTATES Bernard Kaplan The Vice Chairman read the following letter from Charles Abrahams, dated June 5 , 1972 , in regard to Willow Point Estates, Southold: Mr. Bache Bleecker Ridge Road Syosset, N.Y. Dear Sir : On May 30th, 1972 , I inspected the work of your contractor, Mr. Latham, to correct the alignment of Budd ' s Pond Road in conformity with my report dated January 27 , 1972 . On June l; 1972 , I visited the , project together with Mr. Raymond Dean to inspect the road bed material which had been scarified by Mr. Latham. As a result of our observations, you are directed herewith to perform the following work in order to make the road alignment conform with the approved map. 1. Monuments shall be installed at the property line intersections with the lot lines of Lots #k4 , 5 , 6 , 7 , 8 and 9 . Southold Town Planning Board - 5 - June 20 , 1972 2 . Stakes shall be located at a distance of 13 feet along the prolongation of the - lot lines to establish the new boundary of the road section. 3 . The soil between the existing road section and the new road section boundary line shall be removed to a depth of six inches and replaced with clean sandy loam. This material shall then be processed in accordance with Section 12 of Specifications . 4 . Stakes shall be located at a distance of 8 feet along the prolongation of the lot lines to establish the shoulder boundary line. The shoulder area shall then be processed in accordance with Section 13 of Specifications . 5 . Where the road section as constructed along lots #14 , 15 and 16 , encroaches into the shoulder area, an asphalt gutter shall be constructed. Very truly yours, Charles Abrahams , P.E . cc: Mr. Raymond Dean, Sup 't. Mr. Irving Latham The Planning Board also received a copy of a letter from Employers Commercial Union -Companies, the bonding company for Willow Point Estates. The Chairman instructed the Secretary to write a letter to them telling them that our engineer ' s report as of June 5 , 1972 , says there is some amount of re-monumenting and gutter work to be finished and this will probably be done shortly. The Planning Board, Harold Mahoney, Esq. , and Mr. Walter Uhl, discussed the subdivision of Woodhollow Properties, Orient-By-The-Sea. The Chairman stated at the ottset that the Planning Board is in an advisory capacity only. The Town Board did not include this subdivision in the approved list and that is their business . We don't have the final authority, we only have the responsibility to recommend. Mr. Mahoney said he understood this . With respect to the change of zone, we made application on behalf of Woodhollow Properties back r Southold Town Planning Board - o - June 20, 1972 in September 1971 and that application was rejected. It is our position that we have the legal right to proceed to obtain building permits on Orient-By-The-Sea. We might have to do that in court. At the time in September 1971 when this became apparent, we did use a considerable part of the parcels left over . In fact that was done deliberately to protect the map. There is, however, no question that there were at least nine parcels which were sold prior to the change of zone, but were not on accepted streets. Mr. Raynor asked how were we to determine which were legitimate sales. Mr. Mahoney said they are all legitimate sales; those sales which took place in September 1971 were done to protect the map. There were intersections made prior to that which had nothing to do with the change of zone. We went into this with the Town Board. We explained the problem and what we intended to do. I requested the Town Board to consider the possibility of coming in again on re-submission. We will have to go back to them but in the interim we received Mr. Wickham' s letter in January about the roads. The Town Board now advises us to go back to the Planning Board to discuss roads . That is basically what we are trying to do now. We, Woodhollow Properties and Mr. Uhl were not aware of--the fact that he had been since 1964 in default. Since then building permits were requested and they were granted. No question was ever raised. The lots were planned to be built as lots were sold off . That is why the letter from Mr. Wickham came as a complete surprise. We were finally able to get Mr. McManns file and that is the last letter in the file when we sent him the deeds. We really did not feel that we were in default. We have roads under contract. If you want us to put up a bond with the understanding that we will have to straighten , things out with the Town Board we will do that. That is why we want to be sure we make peace with the Planning Board over the roads . The Chairman stated that our records show that not only did we send these letters as indicated in our minutes of March 21, 1971, but also that we send a copy to Mr. Uhl. He maintains he did get them. Mr. Mahoney said he would prefer to approach it from the viewpoint that when it was finally brought to our attention we did not waste any time. We have been paying taxes. on these lots . We have put in roads and leaching pools. Building permits were issued in this area. I do feel that Walter Uhl has a reputation for building quality houses. He has always wanted to be sure whatever goes up is going to be representative of what is there already. Mr. Raynor asked if this was completely new to you prior to December, why is it that you deeded out lots in September. Mr. Mahoney said he referred specifically to withdrawal of approval of the map by the Planning Board. There was no question that we knew about zoning. The Chairman said there is no question that our records show we have copies of the letters and they show very clearly that these things were Southold Town Planning Board - 7 - June 20, 1972 brought to your attention. We have here a condition and it has to be resolved in such a way that it will pretty well fit into the requirements of the County Planning Commission, County Health Department, the Town Board and the Planning Board.. I happen to be a person who believes in compromise and that things can be worked out. How would you feel about meeting today ' s highway specifications? Mr. Uhl said we are willing to meet them except I have objections to some curbing. Mr. Terry said he has to have authority of Highway Committee. Mr. Uhl said we are prefectly willing; the roads that are contracted with Corazzini are in accordance with Town specifications . The Chairman asked how would you feel about enlarging some of the lots on some of the roads which had not been cut down at all at the time of the change of zone? Mr. Mahoney said he and Mr. Uhl have discussed this and combining lots would mean a substan- tial loss. By the same token they are aware of the problem that the Planning Board and the Town Board have . If some- thing could be worked out we will persue that; we are willing to talk about it. The Chairman said that when one acre zoning went in the price of lots automatically went up some $2 , 000 an acre and there is nowhere near the financial loss there appears to be because of the immediate rise in the price of frontage . Mr. Uhl said his prices are probably the cheapest, $5 , 200 to $6 , 800 . We are not selling any lots . We have not had any great rush of people to buy lots . We have two contracts pending since the first of the year. The Chairman asked what lots were sold prior to July 1, 1971. Mr. Mahoney said he would be willing to give the Board that_ information, and in our position we don 't waive any of our rights . Mr. Raynor. said that until we can come to some kind of agreement I don 't think you want to go to any expense of putting in roads . The Chairman said we will have to check with the County Planning Commission on this. They have in some instances allowed some change in a map as just an amended map and this, they have told us , is a minor operation. The cost of constructing highways to today' s standards is about $70, 000 per mile. The Chairman said we will look it over and see what we can do. Mr. Mahoney thanked the Board. The Chairman said the first thing we want is a list of property that you deeded out prior to, for an arbitrary date, August 15 , 1971. Mr. Mahoney said he would send that infor- mation to the Board. The Planning Board discussed with Mrs . Joseph Saland the minor subdivision of Agnes Catalano, located on Aldrich Lane, Laurel. The survey shows the distance to the town line is 950 feet. The Chairman said the surveyor must stamp the map that no lot lines will be altered or changed. Mrs . Saland said she would have this done and send the map to :the Board. Southold Town Planning Board - 8 - June 20, 1972 On motion of Mr. Wickham, seconded by Mr. Moisa, it was RESOLVED that the minor subdivision of Agnes Catalano, located on Aldrich Lane, Laurel, be -approved on condition that map contains statement that lot lines will not be altered or changed. Vote of the Board: Ayes : - Messrs : Wickham, Moisa, Raynor, Coyle. The Board next discussed Bayview Development Corp . , Victoria Motel, -with Mr. Robert A. Villa, P .E . , Chief , General Engineering Services , Suffolk County Department of Health. Mr. Raynor asked how many units were planned. Mr. Terry said originally they wanted 36 units but were turned down and now it is 33 . The Chairman told Mr. Villa that they had presented this map that you have approved. The contour map shows that pools are right down to the six foot mark. Mr. Villa said the people from Bayview Development Corp. were in his office prior to April when the standards changed. When the plan was designed they met all of our criteria. They have a four foot effective depth in each pool. Mr. Raynor asked if a core sample was taken. Mr. Villa said no. The Chairman said some of this is on filled land with bog underneath. Mr. Villa said if they are on filled land it has to be removed down to sand. Mr. Raynor asked if it was Mr. Villa' s opinion as an engineer that this was an adequate system. Mr. Villa said yes , it . is .designed properly. Our flow criteria is rather high now. Mr. Raynor said Environmental . Control would not allow it. Mr. Villa said there was not enough flow for a sewage treatment plant; any large installation that exceeds 30 , 000 gallons is turned over to them for sewage treatment. The Chairman asked Mr. Terry if he was familar with the area, and if it was filled land. Mr. Terry said most of it is upland. Mr . Villa said it is generally upland. The Chairman said where the sanitary disposal field is down to the six foot contour is very close to land they acquired from the Town. Mr. Villa said it won' t be approved unless it meets . Health Department criteria. The Chairman said the Board will inspect installation as it is being made. Mr. Terry asked Mr. Villa about sewage treatment plants for apartment houses in Southold Town. Mr. Villa said it is the feeling in the Health Department that a certain amount of garden apartments are going to have to be provided in the east end to provide housing for the elderly and the young and if they are limited to one bedroom apartments, they won 't generate schools . Our feeling is that with the one acre zoning you are going to have to provide some of this housing Southold Town Planning Board - 9 - June 20, 1972 on the basis that they build these units with a sewage treatment plant so that you are returning the treated effluent to the ground. I told Mr. . Ahlers we would want to see the plant go in right from the beginning. In the west end they are gearing themselves for sewers . Here we have a more critical problem with nitrates . Our feeling is the plant should go in right from the beginning. Their feeling is now they will build enough units to put a plant in right from the beginning. Mr. Terry said to bring you up to date, they presented the Town Board with an affidavit that they would start with no less than 50 units if approval is given. The Chairman asked Mr. Villa if that would be enough, for a plant. Mr. Villa said it depends on the design of the plant itself. Environmental Control has to approve the design of the plant. Mr. Raynor asked what are you using as a per unit flow. Mr. Villa said 300 gallons for a one bedroom; 400 gallons for a two bedroom. The Chairman said the Board was thinking in terms of suggesting to the Town Board that they require a negative easement on the area surrounding the plant. We are a little bit concerned always that people who request a change of zone for any reason will change the zone and dispose of the property. By requiring a negative easement, we are sure the property will remain open. In site plan approval we could insist on this , but we are not the Town Board. I don' t think there would be any question on anyone who goes right through with what he says he is going to do. Mr. Villa said this also goes along with the Master Plan. The Chairman asked Mr. Villa if he had anything new to report on water districts . Mr. Villa said he is still waiting for the report from McLendon and as soon as he gets it he would let us know. Some of the water we were looking at as supplying Southold Town is not good. Water for the Mattituck Shopping Center is polluted with nitrates and high iron. Mro Villa said his office has had some problems with commercial plans processed through the Health Department. In the future, any new residential plans are going to have to be accompanied by a letter from the Planning Board or Town Board that it meets Town conditions . The Health Department assumesa tract of land is zoned properly, and in many cases this is not so and Health Department approval is then used as a reason for change of zone. The Chairman said this new procedure would help us too. Southold Town Planning Board - 10 - June 20 , 1972 Mr. Moisa asked Mr. Villa about the. proposed subdivision of David Gillispie. He said the Planning Board was working on the premonition that five or under was a minor subdivision. Mr. Villa said five or more lots is a subdivision; four or less is a minor subdivision. The Gillispie subdivision meets all of our criteria. We are waiting for the test well. The only difference is $3 . 50 fee per lot. Mr. Moisa said then if we send anything up with five lots they have to send submission fee. The Chairman asked Mr. Villa to keep the Board posted on water districts . Mr. Villa said as far as he knew no state or federal funds were available, but it will be a bond issue and be voted on. The Board thanked Mr. Villa for coming and for his help. The Planning Board and Richard Cron, Esq. , discussed the Map of H. Alvin Smith, Mattituck, N.Y. Mr. Cron said Mr . Smith wished to withdraw his. original application and is- now going to sell only one large parcel with the house to one person and keep one parcel . They no longer are interested in securing a minor subdivision. Mr. Raynor asked if he was asking for a two lot minor subdivision. Mr. Cron said he didn 't think he needed a minor subdivision. Mr. Terry said he thought the attorney for the purchaser is going to want some kind of approval from the Planning Board. Mr. Cron said they expect to sign the contract tomorrow. He said the plans are such that the roads will be improved. The Chairman said he will talk to the Town Attorney and if he sees no .problem then it is allright. Mr. Raynor asked if he would consider leaving a negative easement on the map. Mr. Cron said they had done that. They are bound with the purchaser not to build anything south of that line. The Chairman asked if they would sign a statement to that effect for our. files . Mr. Cron said he would send a copy of the deed. The Chairman said that would be allright. The Chairman said the Town has to make up its mind whether it wants to maintain low lying lands as shore front and assess it as shore front or whether they want to maintain it as wetlands and assess it as wetlands . The negative easement is one means of forcing them to decide what to do. You are entitled to the protection against assessment that goes with it. Mr. Cron Southold Town Planning Board - 11 - June 20, 1972 said he would furnish the Board with a copy of the deed and a copy of the map with the building restrictions on -it and to consider the other application withdrawn. The Chairman said as far as he knew the application could be withdrawn and the Board wants its file complete with what you want to do and why you want to do it. The Planning Board discussed the proposed subdivision of Martin Filla, Cutchogue, with Richard Cron, Esq. , It was decided to present the subdivision with four lots of 40 , 000 square feet or more. The Planning Board discussed Little Neck Properties Subdivision at East Cutchogue , with Robert Tooker, Esq. , and Mr. Jim Reeve. Mr. Tooker said they have not gotten Health Department approval because of a high nitrate content in some of the wells. He said he received the letter from Mr. Wickham about piece of property to be dedicated to the Town. The Chairman told Mr. Tooker that the Town told us they are requiring piece to be dedicated. Mr. Tooker asked about the curbs; they were wondering if they were being required to supply drains on the road. The Chairman said the regulations state you are required to drain 200 feet beyond intersection of your subdivision. Mr. Tooker said he had their engineer talk to Mr. Tuthill and he was supposed to give an estimate but he thought more drains would be a good idea so he sent back estimate. We thought the plan was all right the way it was when we got the estimate on the bond, but it turned out to be something more. The Chairman said as far as being respon- sible for drainage you are responsible for 200 feet. Mr. Tooker and Mr. Reeve thanked the Board and said they would get in touch with the Town Attorney and Mr. Dean about the drains and curbs . The Planning Board discussed the subdivision of David Gillispie at East Marion with Mr.Gillispie . The Chairman told him they had received a letter from the Health Depart- ment stating that they were waiting for the results of a water analysis before issuing their approval. The Chairman instructed the Secretary to make a xerox copy of that letter and send it to Mr. Gillispie. n Southold Town Planning Board - 12 - June 20, 1972 Mr. Terry reported that there had been no further progress on property of Mrs . 011ie Overton. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board approve the specifications for curbing and paving of private drive- ways connecting to a public street as submitted by Raymond Dean, Superintendent of Highways and Larry Tuthill, Engineer. Vote of the Board: Ayes : - Messrs : Wickham, Moisa, Raynor, Coyle. The Board received copies of the following letters from Charles Abrahams , P .E. , both dated June 12 , 1972 : Dawn Estates 14 Dawn Drive Centereach, N.Y. 11720 Attn: Mr. Bernard Kaplan Re : Cleaves Point, Section III Greenport Dear Sir: Your contractor, Mr. Raymond Welch, requested me to advise him on which side to widen the roads , as directed in Item #1 of my report, dated May 4 , 1972 . On June loth I visited the project to take a bearing from existing monuments in order to make a competent decision for the information to your contractor . I found no monuments . You are directed herewith to monument the bounds of the highways on Wiggins Lane and Dawn Drive at all points, curves and intersections , as required by Section #3 of Specifications. After this has been done it will be possible to proceed with the road widening. Very truly yours, Charles Abrahams, P .E . cc: Raymond Dean, Sup't. Raymond Welch Southold Town Planning Board - 13 - June 20, 1972 Mr. Raymond Dean, _ Sup't. Southold Town Highway Dept. Peconic, N.Y. Re: Corey Creek Estates Southold Dear Sir: On June 9, 1972 I inspected the subject project to observe the status of the road construction for consideration of lifting the bond. The following report of work to be done is submitted herewith: 1. The bonds [sic] of the highway shall be monumented at all points, curves and intersections as required by Section 3 of Specifications . 2 . The leaching pools shall be cleaned out. The inspector shall be notified when this work is to be done and he shall be present to observe this operation. Respectfully submitted, Charles Abrahams, P.E. cc: South Fork Development Corp. Mr. Terry said he had received minutes of the last Trustees meeting. On motion of Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the minutes of the June 6 , 1972 , meeting of the Southold Town Planning Board be approved. Vote of the Board: Ayes : - Messrs : Wickham, Moisa, Raynor, Coyle. � . Southold Town Planning Board - 14 - June 20, 1972 On motion of Mr. Moisa, seconded by Mr. Wickham, it was RESOLVED that the next executive meeting of the Southold Town Planning Board be held at 7 : 30 P .M. , Thursday, July 6 , 1972 , at the Town Office , Main Road, Southold, New York, and be it FURTHER RESOLVED .that the next regular meeting of the Southold Town Planning Board be held at 7 : 30 P .M. , Tuesday, July-d8�,,.1972 at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes : - Messrs : Wickham, Moisa, Raynor, Coyle . The meeting was adjourned at 10 : 35 P .M. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board 71 John/ Wickham, Chairman