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HomeMy WebLinkAboutPB-03/21/1972 - Southold gown 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 TOjV7VN PLANNING BOARD March 21, 1972 A regular meeting of the Southold Town Planning Board was held at 7: 30 P.M. , Tuesday, March 21, 1972, at-. the TownlOffice Main Street, Southold, New York. There were present: Messrs: John Wickham, , Chairman; Henry. Moisa, Vice-Chairman; Henry Raynor; Frank Coyle; Alfred Grebe. Also present: Howard- Terry, Building Inspector VICE-CHAIRMAN MOISA: It is 7: 30 P.M. , I will now call this meeting to order. Vice-Chairman. Moisa read the legal notice of hearing as follows:- NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board at the Town Office, Main Road, Southold,y. New York, V Southold Town. Planning Board -2- March 21, 1972 in said Town on the 21st day of March 1972, at 7: 30 o' clock in the evening of said day, on the questiom of approval of the following plat: 1. Plat of property owned by Henry L. Fleet, entitled. "Pequash Acres" , consisting of a parcel of land of 6.161 acres, situated at, Cutchogue, in the Town of Southold, Suffolk County, New York, and bounded and described as follows: BEGINNING at . a point on the easterly line of Fleet' s Neck Road.- at the southerly corner of land now or formerly of G. Fiore, which point is also the westerly corner of the premises herein described; running thence along the said land of G. Fiore and land of the Estate of Hand North 46 degrees 24 minutes 00 seconds East 392.20 feet to the westerly line of Track Avenue; running thence along .the said westerly line of Track Avenue South 44 degrees 42 minutes 40- seconds East493.36 feet; running thence along land of Rynieg and Annabel .the following two courses: (1) South 44 degrees 42 minutes 40 seconds East 189.13 feet and (2) South 42 degrees 24 minutes 00 seconds Eas-� 148, 93. feet to the northerly line of Stillwater Avenue; running thence along the said northerly lire of Stillwater Avenue South 50 degrees 55 minutes 10 seconds 'Jest 20.12 feet to land now or formerly of Primavera; running thence along the said. land now or formerly of Primavera the following three courses and distances: (1) North 47 degrees 21 minutes 40 seconds West 66.81 feet, (2) North 45 degrees 37 minutes 10 seconds West 75.00 feet-, and (3) South 44 degrees 19 minutes 50 seconds +'Vest 326.00 feet to the said easterly line of Fleet' s Neck Road; - running thence along the said easterly line of Fleets Neck Road the following two courses and distances, (1) North 50 degrees 16 minutes 30 seconds West 317.71 feet and (2) North 45 degrees 28 minutes 20 seconds West 384.52 feet to the point of BEGINNING. Containing 6.161 acres. The Vice-Chairman also read the affidavits attesting to its publication in the Long Island Traveler-Mattituck Watchman, and the Suffolk Weekly Times. VICE-CHAIRMAN MOISA: We have here in the file the Certification of Approval from the Health Dept. , dated February 15, 1972. Being that there are no highways to. be constructed., we have nothing from the Supt. of Highways. VICE-CHAIIULUI MOISA: Is there anyone present who wishes to speak in opposition to this subdivision? Mr. John Cain and Mr. Walter Fried, both of Cutchogue, asked to) inspect the map. No opposition was raised. VICE-CHAIRMAN MOISA: Is there anyone present who; wishes to speak in favor of this subdivision? Southold. Town Planni..:..,, Board -3- arch 21, 1972 RUDOLPH BRUER, ATTORNEY: Yes. I am the attorney acting for Mr. Henry- Fleet I would like to repeat., just about every- thing that I said at the prior meeting. And I hereby request that approval be granted to this subdivision. Upon inspecting the map, Henry Raynor observed that there were no topographies shown on the map. PETER HELENSKI, Cutchogue: If this subdivision is approved, what type of construction will go on the lots? VICE-CHAIRMAN: Are you referring to the type of zoning? MR.- 'HELENSKI: Yes. VICE-CHAIRMAN: It will be residential. RUDOLPH BRUER, ATTORNEY: It will have to conform with the requirements of the Zoning Ordinance. PETER HELENSKI: Will it be multiple dwellings or apartments? , VICE-CHAIMMANl: It will not be multiple dwellings or apartments. It will be one family dwellings only. Discussion was held in reference to there being na, topographies on the map. CHAIRMMAN: In view of the fact that there are no highways to be constructed in this subdivision, I will make a motion that the provision for topographies be waivered. On motion by Mr. Wickham, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board waiver the requirement for topographies to be shown on the final maps of the proposed subdivision to be known as "Pequash Estates" , ` property situated at Cutchogue, New York, owned by Henry L. Fleet. Vote of the Board: Ayes: Messrs: Wickham, Moisa, Raynor, Coyle, Grebe. On motion by Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that the Southold Town Planning Board table determination on the above described proposed subdivision for further deliberation of the Board. Vote of the Board: Ayes: Messrs: Wickham, Moisa, Raynor, Coyle, Grebe. Southold Town Planning Board -4- March 21, 1972 Irving L. Price, Attorney and Mr. Walter Uhl appeared before the Planning Board in response to the Planning Board' s letter• of February 8, 1972 regarding the subdivision "Orient-By-The-Sea, Section" . The Chairman read the Planning Board's letter of February 89 1972 to Mr. Uhl. THE CHAIRMAN: With reference to your letter of January 289 1972, the information-, which you state in this letter is erroneous. We -did not waiver the performance bond, we gave you 90 days to post a performance bond. We have learned a lesson since that time, we don't approve a subdivision unless the roads are completed or a performance bond is accepted by the Town Board. The Chairman read the Planning Board' s letter of October 57 1961 to the Southold Town Board advising them that final approval was granted on the basis that if dedication of -the highways to the Town of Southold is not completed within 90 days from this date, a performance bond will be required for their completion. The Chairman read letter of June 6, 19619 received from Pair. Uhl's attorney, George A. McMa=, Jr. , concerning the amount of the performance bond. The Chairman read the Planning Board' s letter of June 12, 1961 to Mr. Uhl concerning the location of the road to the Sound. The Chairman read the Planning Board' s letter of December 28, 1960 requesting advice on the procedure of performance bonds. The Chairman. read letter of December 9, 1960 received from Woodhollow Prop. , Inc.- George E. Bushmann, concerning the installation:. of necessary roads and improvements and dates for completion of same. North Sea Drive and Soundview Road are the only two roads that have been completed and dedicated to the Town.. The Chairman read the Planning Board' s letter of June 23, 1961 to George A. McMann, Jr. , Attorney concerning the performance bond. At the time of the- hearing in 1961, the total performance bond was set for $419600.009 if North Sea Drive and Soundview Avenue were accepted by the Town prior to the issuance of a performance bond the estimate for the total remaining work would be $23,400.00. On March 23, 1962 the Planning Board sent letter to George A. McManny Jr. advising him that a performance bond had not yet been posted for the completion of the roads in "Orient-By-The- Sea, Section2" in compliance with the Highway Specifications. THE CHAIRMAN: Your first attorney was Frolich. As I recall, he advised you that the Town could not require certain. things and we took it up with the Town Attorney who advised us that we could. In view of what has happened, it appears that you have not been very cooperative. MR. UHL: T think what, you are referring to is the 100 ft. going to the Sound. In regard to the performance bond. We had not received any correspondien.ce from you since 1961-1962, up until the time that we received this letter from you several months ago. We have no objections to posting a performance Southold Town Planning Board -5- March 21, 1972 bond. We just were not aware that a performance bond was required, our attorney did not advise us of this requirement. THE CHAIRIViAN: Your biggest_, problem is the fact that this is not an approved subdivision under the present Zoning Ordinance. When the Zoning Ordinance was amended there were about 6 or 8 subdivisions which .were not included on the approved list because of many factors. One factor being that these roads were not completed or bonded. You have a subdivisions, but nothing has been done. You did not complete the required roads and improve- ments and you did not submit a performance bond for them. Also you did not sell the necessary percentage of lots as required or recommended by the Suffolk County Health Dept. They say that the Town is allowed to -,review a subdivisiom if a certain number of lots remain unsold. You did not meet the:. standards which were recommended to us by the County. The required performance bond has not been posted and we have instructed the Building Inspector not to issue any building permits on lots in this section of your subdivision. THE CHAIRM&N: We have asked you to come down here, Mr. Uhl, because this is not an open and closed case. This is not an approved ' subdivision. On the other hand, some of these roads were constructed and dedicated and there is no reason that this part. of the subdivision cannot be accepted. However, the remaining section that is not finished is another story. We might recommend to the Town Board that , the part of the subdivision on the dedicated highways be accepted, but this. is as far .as we can go. This means that you will not only have to meet the 40,000 sq. ft. requirement, but also the highway specifications. MR. UHL: I don't intend to increase the lots to 40,000 sq. ft. I never received copies of any correspondence with the Town. from my 'lawyer and I was not aware that a performance bond was required. IRVING L. PRICE, JR. , ATTORNEY: I am an attorney at law with offices at 232 Main Street, Greenport, N.Y. Mr. Uhl is appearing here tonight in response to two letters written by Mr. John Wickham., Chairman of the Southold Town Planning Board dated January 18, 1972 and February 8., 1972. A response to the first letter was sent by Mr. Uhl on date of January 28, 1972. The subject matter, as shown by these letters, is a statement by Mr. vVickham to the effect that if Mr. Uhl does not appear at the Planning Board meeting onFebruary 7, 1972 action would be taken to nullify the subdivision.. The map to which he, refers is "Orient-By-The-Sea, Sec. II" , filed October 27, 1961, : as approved by the Southold Town Planning Board on October 3, 1961 and signed by the� Chairman John Wickham. The positiom of Woodhollow Properties, Inc. is that this is an approved subdivision map and they have the right to improve the roads and lay-out roads, and sell lots as does any other approved subdivision. As to the 1971 Zoning Ordinance of the Town of Southold wherein certain subdivisionzlots and maps were excepted from the provisions of the 1971 Zoning Ordinance, we Southold Town Planning Board -6- March 21, 1972 feel that• the judgement taken: orn Orient-By-The-Sea, Sec. II is arbitrary, discriminatory, and unconstitutional. We refer to all of the approved subdivision. maps, but specifically to that of Marion Manor which was filed before the Town had any Zoning Ordinance_,at all. This subdivision was granted approval from the Town. Board, and further excepted from the 1971 Zoning Ordinance, and it never complied with any Zoning Ordinance in. the Town of Southold. I call attention to the fact that the map of "Orient-By-The-Sea, Sec. II was approved by the Southold Town Planning Board on October 3, 1961. As to the fact that no performance bond has been posted, we regretfully submit that the correspondence from the Planning Board to the former attorney was not received by the applicant. bile call attention to the letter written to the Chairman. by Mr. Bushmann asking that c.ertainLrequirements be waivered because they were going to farm the land. This letter was never answered by the Planning Board. Also, from the letters read, no amount for a performance bond was ever set. There was a letter which contained an estimate by the Town Engineer and suggestion that a proposal be submitted, but nothing was ever done on this matter. - Lastly, some of these roads have been constructed and dedicated, and the remainder of them are under contract to be completed. . THE CHAIRMAN: Although correspondence- was with the attorney, George A. McMann, Jr. , on date of October 5, 1961, a copy of this letter was sent to Mr. Walter Uhl. The Chairman read letter of October 5, 1961 which stated that the Southold Town Planning Board had passed a resolution at their meeting on October 3, 1961 granting approval to "Orient- By-The-Sea, Sec. II" on the basis that if dedication of the highways to the Town of Southold is not completed within 90 days from October 3, 1961, a performance bond for their completion- will be required. THE CHAIRNTAN: From our point of view, we brought to your attention the fact that approval was subject to the posting of a performance bond. MR. PRICE: The lots were not sold anyway. If the roads had been completed at that time, they would not have beenlaccepted for dedication by the Town because they did not have the required amount of assessed valuation. The Planning Board inspected the tax map which showed that alternate lots were conveyed out in this area, all showing the same date of September 24, I-971 (shortly after the posting of the notice of hearing for the amendments to the'..Zoni.ng Ordinance) HENRY RAYNOR: Mr. Uhl, do you feel that the lay-out of these lots which were conveyed is in good faith of the Town of Southold? MR. UHL: Yes, I do. Southold Town Planning Board -7- March 21, 1972 THE CHAIRMAN: You realize that your problem lies with the Town Board, not the Planning Board? The Planning Board has no authority to alter or waiver any of the requirements of approval. MR. UHL: But the Planning Board set the requirements. HENRY RAYNOR: The standards were jointly set by the Town Board and the Planning Board. MR. PRICE: When you have one subdivisior� map in the Tovnil of Southold that never complied with any Zoning Ordinance, and then you take this subdivision map which was approved under the Zoning Ordinance in 1961 and except it from the present Zoning Ordinance, I say this is discriminatory. I know that the sub- divisionimap of Marion Manor was not approved under any Zoning Ordinance because I- filed the map and there were no specifications. HENRY RAYNOR: Do you feel very strongly that the 40,000 sq. -ft. requirement would entail substantial hardship? MR. PRICE: Yes, I do. HENRY RAYNOR: On what basis? MR. PRICE: It would be a financial hardship. This is an investment, it would mean less lots. HIORY RAYNOR: Mr. Uhl, most of these lots in Section II were laid out in 20,000 sq. ft. , do you feel that it would be a hardship if you went to 40,000 sq. ft.? MR. UHL: Yes, I do. I feel that it would be a tremendous hardship. HENRY RAYNOR: What is your feeling about the highway specifications? MR. UHL: I have contracts for the completion of the highways. I don't think the new wide roads are as nice looking as the narrow roads. My contracts were all in accordance with this filed map. I am willing to go along with the wide roads and highway specifications with one exception, which is the curbing. I feel that curbing is unnecessary. HENRY RAYNOR: Have you ever considered forming a small water district in this area? MR. UHL; Have you any idea of what that involves? HENRY RAYNOR: Are any of the property owners in this area involved in your copporation? MR. UHL: Several of them are. Southold Tm m Planning Board -8- March 21, 1972 MR. MOISA: Have you talked to any of the people living in this subdivisionLas to what they think of the development as a whole? MR. UHL: They are living there, they must like it. MR. COYLE: Most of these lots in Section°I have no houses. How many houses are there? MR. UHL: There is a total of 35 houses, about 100 lots have been sold. HENRY RAYNOR: Would you care to answer why all of these deeds were filed on the same date? MR. UHL: No,. I don't care to answer that. CHA.IR1',IIAN: As I stated previously, the Planning Board can: only recommend to the Town. Board. We cannot compromise or change anything. MR. PRICE: We were informed by the Town Board that this would be considered after the Ordinance was passed. Why were we called here tonight? THE CHAIRMAN: We didn't think that you realized that this is not an approved subdivision. MR. PRICE: What was this letter of February -8, 1972 for? THE CHAIRMAN: To notify you that you cannot any lots. MR:.; UHL: But we are selling lots. THE CHAIRMIN: You might be selling them, but you cannot get any- building permits or certificates of occupancy on them. HENRY RAYNOR: I suggest that a motion be made that a letter be sent to the Southold Town Board inquiring the status of Wood- hollow Propertids, - Inc. application in regard to their_ subdivision "Orient-By-The-Sea, See. II" being reconsidered for approval under the present Zoning Ordinance. 03i motion by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board send a letter to the Southold To�,rn. Board inquiring the status of the application of 4°ioodhollow Properties, Inc. in regard to their subdivision "Orient-By-The-Sea, Sec. II" being reconsidered for approval under the present Zoning Ordinance. Vote of the Board: Ayes; Messrs: Wickham, Moisa, Raynor, Coyle, Grebe. Southold Town Planning Board -9- March 21, 1972 Howard Terry advised The Planning Board that he had received an inquiry in regard to the width of the right-of-way required to be improved in the minor subdivision of David L. , Gillispie, located off north side of Main (State) Road, East Marion, New York. The entire width of this right-of-Nray is 30 feet. New York State Law requires' that at least 15 ft. be improved for passage of emergency vehicles.- However, being that this right-of-way is in a minor subdivision, it is up to the Planning Board to set the minimum width for improvement. Mr. Moisa suggested that a minimum width of 20 ft. should be paved. On motion by Mr. Wickham, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board hereby approves 20 ft. (of the 30 ft. width) of the- right-of-way to be paved in the minor subdivision of David L. Gillispie, - located off N/S Main (State) Road, East Marion, New York. Vote of the Board: Ayes;- Messrs: Wickham, Moisa, Raynor, Coyle, Grebe. The Planning Board was presented with revised final maps for the proposed minor subdivision of Tendler & others, property located at E/S Ninth Street and• S/S Brown Street, Greenport, New York. Upon inspecting this map, the Planning Board found that the revision had .been made in accordance with that• as required by the Board at their last meeting held on March 7, 1972. Authorization for the Chairman to sign the revised final maps of this m�;nor subdivision, upon receipt of such revised maps showing lot # 1 without the map of Greenport Driving Park printed on it, had been granted by the Planning Board at the meeting held on March 7, 1972. The revised maps (being in accordance with the above requirement) were signed by the Chairman. Dominic Aurichio, Attorney advised the Planning Board that the "Petty' s Bight1° property was purchased from Sledjeski' s in several parcels under seperate deeds. There was an agreement in the deeds in regard' to exchanging the original right-of-way for a new right-of-way. Mr. Aurichio stated that the. Nevanans are now having some differences with the Sledjeski' s in regard to this exchange of right-of-way. Mr. Aurichio questioned if a determination has been received- from the Suffolk County Planning Commission on this subdivision in regard to the design of the intersection of Petty' s Drive and Southold Town Planning Board -10- March 21, 1972 Bight Road, The Planning' Board advised him that determination has not yet been received. Richard Principi and Arthur Derosa of the C. P. F. LandCorporation presented the Planning Board with a revised map of their subdivision "Blue Horizons, , Sec. I" , property located off N/S Middle Road (CR 27) , Peconic, N.Y. The revised -map showed the development of this property from the north side of CR 27 northerly to L.I. Sound. The revised map showed a total of 49 lots, no lot to contain less than 40,.000 sq. ft. of area. Mr. Principi questioned why the' lots on the water- front must contain 40,000 sq. ft. of area. The Chairman ad- vised him that the Planning Board requires a 100 ft. reserva- tion on the water for highway purposes and also one subdivision lot to be set aside for park and playground area for each 50 subdivision lots . contained in the subdivision. The Planning Board requires that all highways in proposed subdivisions meet the Town Specifications for dedication. The Chairman advised them that a request for waivering must be presented to the Southold Town Board. The Planning Board has no authority to waiver any requirements. The Planning Board advised them to have test-. holes and test wells done on the property and send the map to the Health Dept. for approval. On motion by Mr. Wickham, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board grant, tentative approval to the revised preliminary map of the proposed subdivision "Blue Horizons" , property located at N/S Middle Road (CR 27) , Peconic, New York, as, shown on map by Otto Van Tuyl, dated February 28, 1972) , property located at N/S Middle Road (OR 27,) , Peconic, New"York, owned and developed by C. P. F. Land Corporation, Vote of' the Board: Ayes: Messrs:- Wickham, Moisa, Raynor, Coyle, Grebe. Charles Raffee, -Attorney appeared before the Planning Board in regard to the proposed subdivision of' Richard Young, property- located at north side of Eugene►s Road, Cutchogue, New York. Mr. Raffee said that Mr. Dean told them., that he would not require them to have another access road, but he understands that Mr. Dean has since met with the Planning Board and he will require them to have another access road. Southold Town Planning Board -11- March 21, 1972 The Chairman advised him that the second• aooess road should be located between lots 14 & 15 and 21 & 22, immediately east of the little house outside the subdivision. Howard Terry advised the Planning Board that Walt Silleck is interested in developing the property to the north. The Planning Board advised Mr. Raffee that there must be 100 ft. turn-arounds at the ends of all roads, to be labeled as "Reserved for Possible Future Dedication to the Town of Southold for Highway Purposes." The Chairman advised Mr. Raffee that the Supt. of Highways does not approve of round cul-de-sacs. Map to be revised by the engineer and presented at future meeting. Ben,ja.mi,.n Orlowski & Son appeared before the Planning Board to inquire the present zoning on his property located_ , at .south side of Main Road, Cutchogue, N.Y. The Chairman informed him that this property is zoned "A" Residential and Agricultural. Mr. Orlowski presented a preliminary sketch for proposed -business zoning to a depth of 350 ft. and lay-out for subdivision on property to the south. Henry Raynor questioned if this subdivision plan could be tied in with Chet Orlowski's, property to the east.. Mr. Orlowski thought that this would be possible. The Chairman advised Mr. Orlowski that the Planning Board would require . connecting roads to all adjoining properties. This property is adjacent to the Braun Oyster Co. which is zoned as "C" Light Industrial. The Chairman informed Mr. Orlowski that he must submit an application for a change to the Southold Town Board. The Planning Board. was presented with final maps of the proposed minor subdivision of. Linda Gorowitz & Judith Barnett:, property located off north side of:" Main (State) Road, Orient, New York (formerly proposed minor subdivision of O.A. Ringwald) The map showed five (5) lots containing the following areas: lot # 1 - 105,027 sq. ft. ; lot,## 2 - 105,758 sq. ft. ; lot # 3 - 103,190 sq. ft. ; --lot # 4. -- 100,386 sq. ft. ; lot # 5) - 92,484 sq. ft. ; Map also showed 25 ft. right-of-way running inside the westerly-property line, northerly, the entire length of the property. Preliminary approval was granted to� this map at the Planning Boar& meeting held on December 20, 1971 (under the name of O.A. Ringwald) This map has been granted approval by the Health Dept. on date of March 16, 1972 and maps were signed by Herbert W. Davids. As advised by the Town Attorney, The Planning Board will require that the applicants submit a "Covenant & Restriction" , to read as follows: "That the premises Southold Town Planning Board -12- March 21, 1972 or any part thereof shall not: be further subdivided. " Subject Covenant & Restriction to be in the proper form for° recording in the office of the Suffolk County Clerk, and fee for recording to be collected by the Planning Board. This covenant & restric- tion must also be printed on the final maps. Two (2) copies of formal application and application fee of $50.00 yet to be sub- mitted by applicants. On motion by Mr. Wickham, seconded by Mr. Grebe,,, it was RESOLVED that the Southold Town Planning Board grunt final approval to the proposed minor subdivision of Linda Gorowitz & Judith Barnett.� on property located off north side of Main (State) Road, Orient, New York, subject to receipt of the following items: 1. "Covenant & Restriction" , to read as follows: "That the premises or any part thereof shall not be further subdivided." To be submitted in the proper form for recording in the office of the Suffolk County" Clerk, and fee for recording to be collected. by the Planning Board. The covenant and restriction must also be printed on the final maps. 2. Two (2) copies of formal application. 3. Application fee of fifty dollars: 050.00) 4. The statement that "All lots must be sold according to lot lines as shown on this map. " must also be printed on the final maps. This motion shall include authorization for the Chairman to sign the final maps upon fulfillment of above listed requirements. Vote of the Board: Ayes: Messrs: - Wickham, moisa, Raynor, Coyle, Grebe. James Reeve presented the Planning Board with a preliminary plan for pro posed subdivision of Little Neck Properties (Wilson Tuthill Farm , property located at west side of Little Neck Road, Cutchogue, N.Y. The proposed map (labeled as Plan # 1) showed a total of 13 lots containing from 4:0,000 sq. ft. to 55,000' sq. ft. of area, with proposed 50 ft. road located between lots 3,4, 5 and 69798. The westerly end of this proposed road showed a round cul- de-sac. The Chairman informed Mr. Reeve that the Superintendent of Highways does not like round cul-de-sacs, he prefers them to be squared: off. Mr. Reeve also presented Plan # 2 for the proposed subdivision of this property. After inspection of this alternative plan, the Planning Board was of the opinion that it was inferior to Plan # 1. The Planning Board advised Mr. Reeve that there are Southold Town Planning Board -13- March 21, 1972 plans for the widening of Little Neck Road and suggested that he reserve 82 feet for possible future dedication- to the Town of Southold for highway purposes. This map to be forwarded, to the Superintendent for his commenta and recommendations. On motion by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board grant final approval to the proposed subdivision to be known as "Pequash Estates11 , , located at EIS Fleet' s Neck Road and W/S Track Avenue, Cutchogue, New York, owned by Henry L. Fleet. Vote of the Board: Ayes: Messrs:- Wickham:, Moisa, Raynor, Coyle, Grebe. The Chairman: dictated the following letter to be sent to the Southold Town Board and the Southold Town. Board of Appeals in reference to "Orient-By-The-Sea, Sec. II" : Gentlemen: The condition under which the above mentioned subdivision was approved was that either the roads were to be constructed and dedicated, or bonded within 90 days after the date of the public hearing at which final approval was granted. With the exception,. of two roads, these. conditions have never been fulfilled. Up until the time of the posting of the notice of the amendments to the Zoning Ordinance, the southerly and westerly roads had not been cut in. Although some of the roads were completed and dedi- cated, the construction of the roads has commenced at less than 400 ft. per year. It has taken eleven (11) years to construct- 39870 ft. of highway. A study of the tax maps will show that at the time of the posting of the notice of the hearing for the amendments to the Zoning Ordinance, alternate lots were conveyed out' ih this area, all showing the same date of September 24, 1971. Enclosed, herewith please find photostat of Tax Map showing same. In accordance, we have instructed the Building Inspector not to issue any building permits in this area. of Section 2, and we respectfully suggest that the Board of Appeals not grant any Southold Town Planning Board, -14- March 21, 1972 variances, including approval of access, in view of the fact that this would obviously be subterfuge. Very sincerely, John Wickham, Chairman Southold Town Planning Board The Southold Town Planning Board reviewed again the original petition of George Ahlers, Cutchogue, New York, relative to change of zone from 1rA esiden ial and Agricultural District and "C" Light Industrial District to "M" Multiple Residence District on certain property located at WIS Young's Avenue, Southold, New York, as received from the Southold Town Board together with the instruc- tions to prepare an official report defining the conditions con- tained 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: BEGINNING at a point on the westerly side of Railroad Avenue also known as Youngs Avenue marking the intersection of the southerly line of land now or formerly of Charnews with the westerly line of said Railroad Avenue also known as Youngs Avenue and from said point of beginning running thence South 8 degrees 35 minutes 30 seconds East 60.70 feet; running thence still along the westerly side of Railroad Avenue South 13 degrees. 53 minutes .40 seconds East 458.50 feet to a. point and land now or formerly of Maier;. running thence along said last mentioned land South 73 degrees 53 minutes 20 seconds West 132.40 feet to a point; running thence South 13 degrees 23 minutes 10 seconds East 100.04 feet along land now or formerly of Maier and land now or formerly of Averett to a point; running thence along land now or formerl of 11verett the following two (2) courses and distances: (1� South 73 degrees 12 minutes 30 seconds Vest 89.03 feet to' a point; thence South 1:7 degrees 41 minutes 40 seconds 60.18 feet to a point and land now or formerly of Kaelin; running thence . along said last mentioned land South 73 degrees 22 minutes 20 seconds West 113.76 feet;running thence along land now or formerly of Lipco Agway Inc. the following three (3) courses and distances: (1)S.outh 74 degrees 04 minutes 40 seconds West 213;27 feet; (2) South 5 degrees 22 minutes 50 seconds East 389.17 feet and (3) South 17 degrees 21 minutes 10 seconds East 94.21 feet to a point and land now or formerly of Long Island: Railroad; running thence along land now or foormerly of Lon Island Railroad South 70 degrees 30 minutes of Grattan; Wrruniing.thencealong saidtland mention d landrxowly Southold Town, Planning Board -16- March 21, 1972 or formerly of Grattan North 17 degrees 43 minutes 30 seconds Vilest 636.24 feet to a_-pdint and land now or formerly of Witkowski; running thence along said last mentioned land now or formerly of Witkowski the following two (2) courses and distances (1) North 70 degrees 08 minutes 30 seconds East 11.80 feet and (2) North 12 degrees 29 minutes 30 seconds West 537.84 feet to land now or formerly of Charnews; running thence along said last mentioned land now or formerly of Charnews North 70 degrees 05 minutes 00 seconds East 484.72 feet and North 76 degrees 22 minutes 20 seconds East 567.10 feet to the point or place of BEGINNING:;; The Planning Board discussed this proposed change of zone at some length. Howard Terry called to the Board's attention the possibility of an error in the application. He thought that: Mr. ashlers should be applying for an 1IM-1" district because they plan some of the buildings for more than. 4 units. The. "M11 district restricts a maximum of 4 units per building. Mr. Ahlers was contacted by telephone and advised of the pre- ceding finding . Mr. Ahlers stated that this is an error, he stated that he would come into the office in the morning to amend his application to read "M-1" Multiple Residence District. On motion by Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Southold Town Planning Board recommend favorably to the Southold Town Board the change of zona,,from "A" Residential and Agricultural District and "C" Light . Industrial District to 11M-1" Multiple Residence District on the above described property. The property adjoins existing industrial property. It is isolated from single family residence Development. The property is accessible to the village. There is public water supply and a sewage treatment plant is included in the project. The project, meets the requirements of the Zoning Ordinance, and there is a need for more apartments in the vicinity of Southold. Village. Note of" the Board: Ayes: Messrs: Wickham, Moisa, Raynor, Coyle, Grebe. The Planning Board informally discussed the proposed application to be submitted to the Southold Town Board by . Gordon & Lucy J. - Ahman, Madeline & Central Avenues, Fishers Island, New York, for change of zone from "A" Residential and. Agricultural District to "C-1" General Industrial District on property situated at N/E corner of Madeline Avenue and Central Avenue, Fishers Island, New York. Mr. Grebe stated Southold Town Planning Board =17- March 21, 1972 that he is of the opinion that the "C-1" General Industrial district would be a proper zoning for this property. The Planning Board was presented with preliminary map, two copies of formal application, and fee of $30 for the proposed minor subdivision of John P. Gaillard.- on property located .at Belle Hill Avenue, Fishers Island, New York. The Chairman stated that we must have a statement from Mr. Gaillard to the effect that none of these lots will be further subdivided. Letter to be sent to Mr. Gaillard advising him -of the required statement`: to be submitted by him and also requesting him to forward three (3) copies 6f-' final map with meets and bounds description for each of the three lots by Chandler & Plamer. On motion by Mr. Grebe, seconded by Mr. Wickham, it was RESOLVED that the Southold Town Planning Board grant preliminary approval to the proposed minor subdivision of John P. Gaillard, property located at Belle Hill Avenue, Fishers Island, New York. Note of" the Board: Ayes: Messrs:- Wickham, Moisa, Raynor, Coyle, Grebe. The following determinations were received from the Suffolk County Planning Commission on the proposed amend- ments to the Zoning Ordinance (on: Town Board' s own motion) Parcel I - premises @ New Suffolk, "A" to "C" - considered to be a matter for local determination ,Parcel I1 - S/VV intersection of Main Road & Ackerly Pond "A"toB-1" Lane, Southold - considered to be a matter for local determination. Parcel III - S/E corner of Main Road and Wells Avenue, Southold - disapproved. Item # IV. Article XV, Section 1501 of the Zoning Ordinance - considered to be a matter for local determination. Southold Town Planning Board -18- March 21, 1972 Received copy of notice of extension of approval by the Health Dept. on the subdivision "Town Harbor• Terrace" . Regard- less of this extension from the Health Dept. , this subdivision must meet the requirements of the present Zoning Ordinance, as this subdivision is not included on the approved list of sub- divisions in the amended Zoning Ordinance. Letter received from Gary Olsen, Attorney requesting an extension of the performance bond on the subdivision "Laurel- wood Estates" . The Planning Board instructed that a letter be sent to Mr. Olsen requesting him to appear at the Planning Board meeting to be held on April 3rd to discuss this matter. Received General Form Status Inquiry from the bonding company on "'Vlillow Point" subdivision - to be completed and returned. Letter received from Coley T. Brown, East Marion, objecting to the variance application of Peter T. Neyland on- property G Gardiners Bay Estates, East Marion, N.Y. Subject letter placed on file. � ae Correspondence received from the N.Y.S. Dept. of Transportation in reference to revieva of site plane, etc. on strafe highways, together with request for meeting with the Planning Board. The Planning Board instructed that a letter be sent inviting them to attend our executive meeting to be held on April 18th. Southold Town. Planning Board -19- March 21, 1972 Received copy of"The New York-New Jersey Metropolitan Area" Development Guide, to be placed on file for Planning Board reference. Henry Raynor submitted the following report of his findings on the proposed "Annexation to Greenport Village" : Actual Impact The primary criteria for annexation of property is that the parties involved should. derive benefit that is in the overall public interest. The proposed ann.exation. of acres on Chapel Lane & acres on-,. County Route 27 is not in the best public interest. The outline presented does not hold a clear block like pattern of contagious property annexation.. It is more similar to the gerrymandering of a political district. The village, in pro- posing annexation to the West, leaves hundreds of acres to the east and contagious to present village boundaries out. Why wasn't thought given to those persons and properties that the village is going.- around. Is this in the public interest? What then is the reason? How much research was given to the impact to be felt -by the taxpayers in school district 10 when those proposed properties are annexed? Is the village willing to compensate the town' s taxpayers for this -additional burden? How much consideration was given to the problems that will arise from law enforcement when there may be a dispute over what jurisdiction a town policeman would have in going through village enforcement territory to -get to an area under town. protection? - This may also cause complications for village enforcement officers when the reverse is true. Who researched the town and county planning boards and commissions to ask _questions on any plans that may have beem forthcoming. How well does this piece meal annexation fit into the big picture? What possible justification can the village have for taking, property zoned for one acre residential and downzoning it t.a: 1/4 acre industrial. This is done in direct opposition to the low density need to preserve out water. (Ma.lcolm_ Pirnie) It is done by the village that must already go to the town ta, supply water for its population. Is this in the best public interest for all parties? We feel very strongly that this proposed. annexation' is completely against the public trust It is possibly in violation of the Municipal Law. McKinneys - Sec® 702 When, twu governing bodies involved in annexation can't reach an agreement, , the decision is made by the courts. If' agreemeftt is not reached, this is an avenue open to_ both town & village. Seq. 705 Hearing board shall listen to any testimony on annexation. This does not have to be in writing as stated in the paper. Southold Town Planning Board -20- March 21, 1972 E-3. Remaining territory must be recontracted for public services and remainder of township forced to take burden of the apportioned town _indebttean-ess falling to the proposed annexations. 4. In the Bast-`nest Fire Distriet: the town and village have a contractual agreement for fire protection. The village supplies protection to this area. Removal of this property will cause a new contract to be negotiated, leaving a higher tax rate for individual tax payers in the fire protection district because of the cost being spread among remaining property holders. Annex- ation should not be considered until this protection for property ovuners in this district has been worked out. Sec. 708-1 -The law states that property -annexed must bear the liabilities and bonded indebtedness of their portion of property in relationship to the town liabilities and bonded indebtedness. Such debts will fall on the village that is annexing this property, once the amount is agreed to by both town and village. This in- debtedness will include bonds, capital notes and other capital improvements with a maturity of more than three years. Sec. 711-A.1 Both boards must give an order specifically consenting to annexation. Sec. 712 - 2 Determination on annexation is for overall public interest f.'ocuses on annexing municipality and detriments to remain- ing government units. Proposed municipal annexation is not in overall public interest where benefit desired was expansion room for mumicipality upon which area carved out would and annexed area would be adversely affected. City of Mechaniev lle Vs Town Board of Halfmoonn1969. This in essence seems what the Village of Greenport is trying to do. On motion by hit-. Moisa, seconded by Mr. Coyle, it was RESOLVED that an executive meeting of the Southold Town Planning Board be held at 7: 30 P.M. , Monday, March 27, 1972 at the Town. Office, Main Street, Southold, New York. Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor, Coyle, Grebe. On motion by Mr. Wickham, 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. , Monday, April 3, 1972 at the Tovrn Office, Main Street, Southold, New York. Vote of the Board: -Ayes:- Messrs: Wickham, Moisa, Raynor, Coyle, Grebe. Southold Town Planning Board -21- March 219, 1972 The meeting was adjourned at 11:00 P.M. Respectfully submitted, aZ2tGC-�Qi Betty ev lle, Secretary Southold Town Planning Board J04��I ham, hairman