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HomeMy WebLinkAboutPB-05/22/1972 Southold Town Planning Board SOUTH13LD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Maisa Alfred Grebe Henry Raynor Frank Coyle M I N U T E S SOUTHOLD TOWN PLANNING BOARD May 22 , 1972 A regular meeting of the , Southold Town Planning Board was held at 7 : 30 P.M. , Monday, May 22, 1972 , at the Town Office, Main Road, Southold, New York. There were present: Messrs : John Wickham, Chairman; Henry Raynor; Frank Coyle; Alfred Grebe. Absent: Henry Mois'a; . Vice Chairman. Also present: Howard Terry, Building Inspector. The Planning Board discussed the application of Clarence C. Fleet for approval of subdivision Map entitled Big Green Acres at Cutchogue, New York, consisting of parcel.-of land of 9 .5 acres situated at Cutchogue, in the Town of Southold, Suffolk County, New York. The Chairman read the legal notice and proofs of notice of publication. The Chairman stated that a bond had been set and t ' Southold Town Planning Board - 2 - May 22 , 1972 accepted by the Town Board in the amount of $15 , 000 . A letter was sent to the Planning Board dated October 27 , 1971, from the Superintendent of Highways stating that he has inspected the map and approves the lay-out of the road through the land of C.C. Fleet, to be known as "North Pequash Estates" (later changed to Big Green Acres) , located between Stillwater Avenue and Pequash- Avenue, Cutchogue, New York. The subdivision map bears the approval of the Suffolk County Department of Environmental Control, John M. Flynn, Commissioner and the Division of Environmental Sanitation of the County Health Department, Herbert W. Davids , Director. It also appears to meet all requirements of this Board. The Chairman opened the hearing to anyone wishing to speak in. opposition to the subdivision known as Big Green Acres , Cutchogue, New York. Hearing none, the Chairman opened the hearing to those wishing to speak in favor of the subdivision. Mr. Rudolph Bruer stated that he had given to the Town Building Inspector a passbook made out to the Town of Southold in the sum of $15 , 000 in lieu of a bond and requested the map be approved. Mr. Terry stated he had received the passbook and a letter of transmittal. The Chairman stated the Planning Board would be willing to waive the Park and Play Ground requirements discussed previously. On motion by Mr. Coyle, seconded by Mr. Grebe, it was RESOLVED that the Park and Play Ground provisions for Big Green Acres subdivision at Cutchogue , New York, be waived for the following reason: The road in this case was put in the way it was at the recommendation of the Cutchogue Fire Department and the Town Superintendent of Highways and others . Vote of the Board: Ayes : Messrs . Wickham, Raynor, Coyle, Grebe. A letter and the passbook for $15 , 000 was sent to the Town Board. The Southold Town Planning Board discussed the subdivision known as Bay Homes , Cutchogue, New York. The Chairman read the Legal Notice and proofs of publications . The Chairman stated the file seems to be in order. No letter from the Town Highway Department nor a bond is required. The Board sent a letter to Richard Cron, Esq. , dated December 21, 1971, in which the Board requested that they make an effort to aquire additional frontage because Lot #10 is undersized. A letter was received from Mr. Cron stating this has been done and he provided the required copy of the letter as asked for . The map appears to be in order and has approval of the Suffolk County Department of Environmental Control, John M. Flynn, Commissioner and the Division of Environmental Sanitation of the County Health Department, Herbert W. Davids, Director. At this time the Chairman opened the hearing to anyone wishing to speak in opposition to the subdivision known as Bay Homes . Residents living near this subdivision were present and questioned the number of homes that were going to be allowed to be built. They were concerned that too many homes would overcrowd the area. The Chairman stated that the new requirements permit only one Southold Town Planning Board - 3 - May 22 , 1972 house per acre. It was also explained that there would be only one family homes , and they must meet minimum building requirements in terms of square footage and distances between buildings. The residents were satisfied with the Board ' s explanation. At this time the Chairman opened the hearing to anyone wishing to speak in favor of the subdivision. Richard Cron, Esq. , spoke on behalf of Claussen Construction Co. He stated all requirements have been satisfied and requested approval. On motion of Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Park and Play Ground provisions for this subdivision be waived. Vote of the Board: Ayes : Messrs: Wickham, Raynor, Coyle, Grebe: The Southold Town Planning Board and Mr. Dominic Aurichio discussed the Map of Petty' s Bight Subdivision, Orient, New York. The Suffolk County Department of Planning has sent a "Suggested Layout" as they will accept the map. The Chairman stated there was no problem as long as the requirements are met. The lot lines have to be shifted and the intersection of the two roads must be changed. Mr. Urichio said this would be done. The Southold Town Planning Board and Mr. Gottlieb Nickles discussed the minor subdivision owned by Mrs . 011ie Overton. Mr. Nickles presented a copy of an agreement to give the Park District a first refusal. The agreement was not suitable to the Board and the Chairman informed Mr. Nickles that Mrs . Overton must either comply with the Board ' s requirements or meet requirements for one acre lots . To date nothing has been done. The Chairman stated if there is a Public Agency, we .get in touch with them; they were interested. It is now up to Mrs . Overton to-makeup her mind that she is going to sell to the Park District or she should come in for a subdivision for 40 , 000 square feet. Mr.. Wickham stated she has got to have a contract with the Park District. Mr. Raynor said the contract could be made with an open date. The Chairman said he discussed the matter with Bill Albertson. Mr. L. Harris stated that Mrs . Overton has offered the Park District the piece of property and he understood that this statement was fine with them. They have something like $15 , 000 toward it and Mrs . Overton is willing to go along with the statement. The Chairman stated that she had to sign a contract and that it has to be a .legal contract. The Chairman said he would sent a letter to the attorney. A discussion was held by the Southold Town Planning Board and Messrs. Garen and Carpenter of the Long Island Lighting Company Southold Town Planning Board - 4 - May 22 , 1972 and also Messrs : Woodhull and Polacek of the New York Telephone Company regarding underground services for subdivision. The Chairman stated that the Board has received a directive from the County that they would recommend underground services in all new subdivisions . A copy of the letter was read. Mr. Garen stated that the Public Services Commission has held hearings with various utility representatives and came up with proposed regulations and distributed them for comments . The Public Services Commission has an order in effect now. The Chairman stated that although we work very closely with the County we don 't take any of their directives as valid in the Town of Southold unless we have done our own thinking on it. One of our members has been in a relatively new subdivision in Massachusetts with underground service . We have no opinion on the subject although some of us use underground service. We want to look at the whole field. Mr. Garen said the Public Services Commission has been conducting hearings and come up with four phases : phase 1 - new residential subdivisions of four or more lots. and multiple occupancy buildings . The older effective December 28 , 1971, states those utilities have six months to comply with the order in total. The new order will become effective June 28 , 1972 . Phase la - is less than four residential or commercial buildings . Phase 2 - conversion of existing overhead to underground. Phase 3 - transmission of 69 , 000 volts or more. Mr. Garen said a local ordinance -.is not needed. It may conflict with the Public Services Commission order. No subdivisions are going in overhead now anywhere. The Chairman stated Southold Town has basically no developments where a developer builds 10 or 20 homes immediately. Basically these are sold out as individual lots and this is where we run into problems . Mr. Garen said when a map is filed he is subject to these rules whether builder or developer; he still has to come under the order. Developer has to pay entire cost initially and then gets money back when lots are sold. He would be entitled to an allowance per home as they are connected to the utility. A sub-divider should file for a portion or section of his map. The Chairman asked what we are talking about in terms of cost. Mr. Garen said there was a 60 foot allowance per lot including portions allowed to cross the street. The cost is $3 . 85 per trench foot. Service from street property line to point of entrance to house is $1. 80 per foot. These are the actual costs with no overhead. The owner has the option of having LILCO or an electrical contractor connect service. All designs are below ground except phase 3 transmitting devices are above ground unless owner pays for a vault. The same trench is used for telephone company lines . There is no additional charge for underground telephone service. The Public Services Commission order is directed toward the two utilities . Water lines would not be in the same trench as it must be much deeper for protection against freezing. In addition to the free allowance within the subdivision, the , company is required to provide 200 feet from subdivision to reach subdivision. Additional installation time is longer for underground service. There is a Front Charge of $2 additional per-' foot for 2 to 12 inches of frost and $6 additional per foot in excess of 12 inches. Richard Cron, Esq. , asked ' 1 Southold Town Planning Board - 5 - May 22 , 1972 if all new subdivisions would be required to have underground service without any action on our part. Mr. Ganer replied that if it is less than four lots it would be six months until the new order. In areas where there are local ordinances that only allow underground services the applicant bears the charge for underground lines to his house, but it is refunded in the future if anybody connects to it. The first applicant would bear the , brunt of the charge. Phase la should be in effect in one year. The developer must contact LILCO about underground services . The charge should be spread out over all the lots and not be put on the first applicant. The Chairman said that up until now the Town of Southold has been able to develop wood land and maintain potato fields intact. Our problem is not in developing potato fields; it is developing wooded areas that are thousands of feet off the highway. The Telephone Company has found underground costs to be about the same as above ground. The Chairman asked if they should advise all subdivision developers that utilities would be required to be put in under- ground. The Board asked that a copy of the Public Services Commission order be furnished as soon as it is final June 28 , 1972 . The Board thanked the representatives of both utilities for coming here and the information received. The Southold Town Planning Board discussed property of Linda Gorwitz and Judith Barnett. The Chairman stated the map fulfills all of the requirements . On motion by Mr. Grebe, seconded by Mr. Coyle, it was RESOLVED that the map of property owned by Linda Gorwitz and Judith Barnett be approved. Vote of the Board: Ayes : Messrs . Wickham, Raynor, Coyle, Grebe. The Southold Town Planning Board discussed the application of H. Alvin Smith for approval of map of property in Mattituck, New York. Richard Cron, Esq. , stated presently a contract of sale is in the process of being consumated. One condition is that the buyer get three buildable parcels . Mr. Smith intends to build a home together with a guest house on the same parcel. Mr. Cron asked for suggestions from the Board. The Chairman Southold Town Planning Board - 6 - May 22 , 1972 stated we don 't have clustering in. the rules and regulations in the Town of Southold, although this situation would be ideal . for clustering. Mr. Cron said they would be willing to take risk for four lots as a minor subdivision. The Chairman said an alternative would be to set up a five lot subdivision and say to us for transmission to the Board of Appeals , "We are prepared to give a negative easement on Lot Number 5 , but would like to have an additional dwelling on Lot number 2 . " Mr. Cron said this proposal is perfectly acceptable. The Chairman said he would talk it over with the Chairman of the Board of Appeals . Mr. Cron stated the water has been tested and is good. The Chairman said we would need a reservation for possible widening of the road, and approval would be on basis of two covenants : (1) a right of way for people owning lots within the minor subdivision; and (2) a negative easement on Lot number 5 . The Southold Town Planning Board and Mr. George Penny discussed a proposed additional building on property in Mattituck. This was discussed preliminarily at the last meeting. Mr. Penny received a letter from the Suffolk County Department of Public Works recommending curbing, but he said it would be impractical to put curbing in. The County proposal of curbing would tear up ten feet of shoulders . Mr. Penny has agreed to keep one entrance and would like to have a setback of 35 feet, instead of 60 feet. He also said the cesspools had been approved. The Chairman stated that we set up rules and regulations that are neither rigid or arbitrary and is inclined to agree that 60 feet is unnecessary; but also feels that 35 feet is not enough, so somewhere inbetween. Mr. Raynor stated he had inspected the property and at that time it was agreed the setback would be 50 feet. On motion of Mr. Raynor, seconded by Mr . Coyle, it was RESOLVED to approve the building proposed by Mr. George Penny on property at Mattituck, New York, with a 50 foot setback. Vote of the Board: Ayes : - Messrs : Wickham, Coyle, Raynor, Grebe. The Southold Town Planning Board and Richard Cron, Esq. , discussed the Map of property of Wilsberg and others , Orient; Point, Orient, New York. There was a question as to the availability of an adequate water supply for the lots and the Chairman will have the Soil and Conservation Department review the map and property. The Board will hold this matter to review further. F Southold Town Planning Board - 7 - May 22 , 1972 The Southold. Town Planning Board discussed the site plan for Ferguson Museum on Fishers Island. Mr. Terry described property which is set back 65 , feet from Equestrian Avenue. On motion of Mr. Grebe, seconded. by Mr. Coyle, it was RESOLVED to approve the site plan for the Henry L. Ferguson Museum, Fishers Island, New- York. Vote ,of the Board: Ayes : Messrs . Wickham, Raynor, Coyle, Grebe. The Southold Town Planning Board received from the Southold Town Board the , original petition. of Arthur H. Frank, Naugles Drive, Mattituck, New York, relative to change of zone from "A" Residential and Agricultural District to "B-1" General Business on. certain real property situated at Southold, New York, together with the 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 concrete monument set at the southwesterly corner of the premises herein described, said point being on the easterly line of a 'Town Highway known as Naugles Drive 28 . 70 feet southerly from the ,northerly end of a curve in said line near the northeasterly corner of land of Alonzo F. Robinson, said curve having a radius of ;178 . 87 feet; from said point of beginning running northerly along said. curved easterly line of Naugles Drive 28 . 70 - feet to a concrete monument; . thence still along said easterly line of Naugles Drive, North 161 14 ' 10" West 91. 86 feet to a concrete monument; .thence along other land of said Stanley Naugles North 701 311 . 20" East 470 feet, more . or .less, to ordinary high water mark of Mattituck Creek, said line passing through .a concrete monument near said 'Creek; thence southerly along said ordinary high water mark of Mattituck Creek 150 feet, more or less, to a point 120 feet southerly -from the northerly. line of the premises , measured at right. angles thereto; : thence along other land of said Stanley Naugles on a line parallel to and at all ,points distant 120 feet southerly from said northerly line measured at right angles thereto, South 70' 31' 20" West 370 feet, more or less., to the point of beginning, said line passing through a concrete monument near said Mattituck Creek. The Planning Board discussed the proposed change. of zone.. i Southold Town Planning Board - 8 - May 22 , 1972 On motion of Mr. . Raynor, seconded by Mr. Grebe, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town. Board denial of the petition for change of zone from "A" Residential and Agricultural to "B-1" General Business on the above described property. The original petition is in error as to property immediately South. The map submitted is out of date and incorrect. Vote of the Board: Ayes : Messrs. Wickham, Raynor, Coyle, Grebe. The Southold Town. Planning Board received from the Southold Town Board the original petition of William B. Conway and others, Horton' s Lane, Southold, New York, relative to change of zone . from "A" Residential and Agricultural to "B-1" General Business on certain real property situated at Southold, New York, together with the instructions to prepare an official report. defining the conditions contained therein. This property is situated at Southold, in the Town of Southold, County of Suffolk, New York, and more particularly bounded and described as follows : N - Middle Road (County Road 27) about 900 feet; E - Horton' s Lane 400 feet; S - other land of William B. Conway about 900 feet; W - land of Donahue 400 feet. The Planning Board discussed this proposed change of zone at length. On motion of Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board denial. of the petition for change of zone from "A" Residential and Agricultural to "B-1" General Business on the above described property. The basis of the denial is that no new businesses are to be established on Middle Road, Southold, New York. Vote of the Board: Ayes : Messrs . Wickham, Raynor, Coyle, Grebe. Southold Town Planning Board - 9 - May 22 , 1972 The Planning Board discussed the Mattituck Shopping Center, (A & P - Grants complex) relative to previous approvals given. Mr. Terry read a notice .from the Riverhead Town Planning Board and Town Clerk that they were holding hearings on amendments to their Ordinances in relation to Special Exception and Special Permit Uses for airports, flat and harness racetracks , two family dwellings, gasoline service stations and camps - Type 6 . The Chairman stated we will reply to the Suffolk County Planning Commission. We would object to having an airport. or flat and harness racetracks within 500 feet of the Southold Town boundary line, whether authorized by the Riverhead Town. Board or not. A letter was received and read by Mr. Terry relative to a crosswalk in the subdivision of Leeward Acres , requesting approval to pave it. On motion of Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED that the crosswalk on property known as Leeward Acres be left in grass and letter to be written to that effect. Vote of the Board: Ayes : Messrs . Wickham, Coyle, Raynor, Grebe. Mr. Terry read a letter from Froehlich & Mahoney, Esqs . , attorneys for Woodhollow Properties, Orient-By-The-Sea, requesting to appear before the Board. A letter will be sent for them to appear on June 20 , 1972 . A letter from a New Suffolk resident was forwarded to the Appeals Board for permission to put a freezer used for commercial purposes on residential property. Southold Town Planning Board - 10 - May 22 , 1972 Mr. Terry read a letter from Charles Abrahams regarding Dawn Estates . The Chairman stated a letter will be sent to Mr, Kaplan as a follow-up to original letter. The Southold Town Planning Board will now receive minutes of the Southold Town Trustees minutes for their file. The Southold Town Planning Board discussed the subdivision known as Little Neck Propertiesssituated at Cutchogue, New York, with reference to the $15 , 000 bond prepared by Mr. Lawrence Tuthill. On motion of Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the Southold Town Planning Board recommend to the Town Board the bond for $15 , 000 as prepared by Mr. Lawrence Tuthill for Little Neck Properties and we will require that the area shown on the Map as reserved for dedication will be required to be dedicated to the Town of Southold for highway widening. Vote of the Board: Ayes-: - Messrs : Wickham, Coyle, Raynor Grebe. Mr. Terry read a letter regarding Town Harbor Terrace Subdivision. On .motion of Mr. Coyle, seconded by Mr. Grebe, it was RESOLVED to hold the discussion of Town Harbor Terrace over until next meeting June 6, 1972 . Vote of the Board: Ayes: - Messrs : Wickham, Coyle, Raynor, Grebe . On motion by Mr. Grebe, seconded by Mr. Coyle, it was RESOLVED that the minutes offthe Southold Town Planning Board dated May 1, 1972 , be approved as submitted. Vote of the Board: Ayes: - Messrs : Wickham, Coyle, Raynor, Grebe. Southold Town Planning Board - 11 - May 22 , 1972 The Chairman stated that at a recent meeting in Orient there appears to be a wrinkle in the State Law that no agency or government may condemn property after the first approach has been made by a local agency. It therefore follows that no county, state or nation may condemn property in the Town of Southold if we make the first approach. For this reason I think the Planning Board should recommend to the Town Board that we would strenuously object to any state, county or national parks in the Town of Southold, it being our feeling there is not enough room in the east end towns for all of the millions of people on the Island. On motion by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the next regular meeting of the Southold Town Planning Board be held at 7 : 30 P .M. , Tuesday, June 6 , 1972 , at the -Town Office, Main Road, Southold, New York. Vote of the Board: Ayes : Messrs. Wickham, Raynor, Coyle, Grebe. The meeting was adjourned at 11:15 P .M. Respectfully submitted, Terri Lee Elak, Secretary Southold Town Planning Board JoV Wickham, Chairman