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HomeMy WebLinkAboutPB-11/21/1967 Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe William Unkelbach Frank Coyle M I N U T E S SOUTHOLD TOWN 'PLANNING BOARD November 21, 1967 A regular meeting of the' Southold Town Planning Board was held Tuesday., November 21, 1967, at the Town Office, Main' Road, Southold, New York. There were present: Messrs: John Wickham, Chairman; Henry Moisa, Vice, Chairman; William Unkelbach, Alfred Grebe, Frank" Coyle. Also present: Messrs: Otto W.-Van Tuyl, Consultant; Howard Terry, BuMd.ing Inspector, Lawrence .Tuthill, Construction engineer. Mr. Rene Gendron and James Olsen appeared before the Planning Board with a revised.map of Vista Bluff at' Cutchogue. The number of lots was reduced from 13 lots to 12 lots. The Board of' Health ruled that no lot shall have less than 18,500 square feet- of area. The turn-around circle was revised so .that lot number 4 will have 100 feet frontage on a straight .course. The ' Chairman noted that the contours were not shown on the map. Mr. Van Tuyl stated that the land had been graded up to and including the circle and a little beyond that- point. Mr. Van Tuyl also stated that the existing conditions on this preperty were unusual; it's hard to give the lots frontage on the turn-asnund. - Someone suggested that Glen Court be moved closer to the bluff, :but if that was done there would be no building site left. The elevation - at that point . is about 68 - 70 feet. It was noted that'this subdivision contains only 12 lots on eight- acres ., of land. Southold Town Planning Board -2- November' 21, 1967 The' Chairman read the following letter from the Superintendent of Highways: "The Planning Board, Town of� Southold, Southold, New York "Gentlemen: "I have inspected the map and disapprove, the layout of the road at Vista Bluff. This road will.have to be graded to the level of and connect with Duck- Point- Road. "Very truly yours, /s/ Raymond C. Dean, Sup't of Highways." i Mr. Gendron stated that the requirements of " the Superintendent - of the F14hways had been worked out. The- Chairman then read a conflicting letter from the Superintendent of Highways. " The Planning Board, Town of Southold, Southall, New York, "Gentlemen: "I have inspected the map and disapprove the layout of the road at Duck' Point' Road. This .road will have to be graded to the level of and connect with Vista Bluff. "Very. truly�ours, /s/ Raymond C. Dean, Sup't' of Highways" Mr. Gendron stated the only thing the Superintende4 of Highways is requiring is that- the road in Vista Bluff connect, with the road 'at Birch Hills. Mr. Gendron stated he was agreeable to this, but approval had to be obtained from the developer of Birch Hills. The Charman advised that the map filed by Birch Hills shows the road going right up to the pro- perty line and road in Vista Bluff, thus making it mandatory for the two roads to connect. If Birch Hills isn't willing to go along w ith. this, the Town can insist on it being done. On motion by Mr. Wickham, seconded by Mr. Unkelbach, it was RESOLVED that Vista Bluff, owned and developed by Rene Gendron, be approved for a final hearing, subject to the question of the connection of the roads being resolved. This property is legally bounded and described as follows: a Southold Town Planning Board -3- November. 21, 1967 All that certain plot , piece or parcel of land situated; lying and being at' Oregon North, in the Village of Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwest side of. Duck' Point- Road . where the easterly line of Map of Birch Hills at Cutchogue, Map # 4908 intersects the said Northwesterly side of Duck Pond Road and from said point of beginning; rjLnning thence North 39" 00" West727.0 feet to the ordinary highwater mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound, North 600 42 ' 20" East 15.22 feet to land of Vincent; thence along land of Vincent the following three courses and distances: 1. ' South 390 000" East 255..0 feet; 2.North 600 42 ' 20" East,- 100. 0 feet; 3. North 390 00" West 255. 0 feet to the ordinary high water mark of Long' Island Sound; thence along the ordinary high water mark of' Long Island Sound on a tie line of North 600 42 ' 20" east 630.39 feet' to the westerly side of Duck Pond Road; t1kence along the westerly and northerly side of Duck Pond Road the following three courses and distances: 1. south 190 -17 ' 30" East 430.0 feet; 2.- south 310 27 ' 30" West 188. 92 feet; 3. South 330 04' 00" west 432-. 94 feet to the point or place of'beginning. Vote of the Board: Ayes:- ALL Lefferts, P. Edson, Esq. , and William Wickham, Esq. , appeared before the Planning Board in regard to Peconic Homes; Section II, and the right of way which runs through there. WILLIAM WICKElAM,ESQ.: We take no position as far as the map is concerned. - Our only point is to straighten the record. Mr. Axien and several others have a right of way which runs thraUh the easterly portion of the map. There is however, a clause in an earlier deed which says this right of way shall terminate at the northerly point of the property 'at such time as public highway is used. There has been a little bit of mis-understanding on Mr: Axien's part. - On the original map the road came up the entrance and.went both sides, as a result of that the right of way was extinguished. - LEFFERTS P. EDSON,ESQ.: My understanding was Miami Avenue has nevef been made a public highway. WILLIAM WICKEIAM, ESQ. : It was not a public road, and -this was not extinguished. If this is dedicated as a public road, Planning ' Southold Town/Board -4- NovEmber 21, 1967 our right of way that comes down here does not touch this point. In order fcw. this to be extinguished we would have to have right of way running into this road. THE CHAIRMAN: Has the right of way been defined? WILLTAM WICKEIAM,,ESQ : As far as this property is concerned. THE CHAIRMAN: It - doesn't define the right of way in the ncr therly area. MR.. VAN TUYL: It hasn't been filed by metes and bounds description. MS_, AXIEN: It is described together with a right of way 25 feet in width over the existing road, and we miss touching that about 15 feet. It's very close. . WILLIAM WICKHAM,,, ESQ:: As long as it is understood that . if this mad is dedicated our- right of way will be extinguished. THE CHAIMAN: .(pointing to themap) Who owns this Ir operty? WILLIAM WICKHIAM,' ESQ.: Mr. Smith's sister owns that/ In' order to get this right of way here this will have .to be ext, ngui'khed. THE CHAIRMAN:' So, it is up to you. LEFFERTS. P: EDSON,ESQ.' There is no problem. Thisis not a correction of_ the record, it is just a confirmation of' the reamrd. THE' CHAIRMAN: I asked for. the map back because we will have to resign it for two reasons. The o3ig inal map showed the- fight of way, and we approved it at 12% feet, and the deed calls for 16 z feet. MR. VAN TUYL: I wasn't here when this came up, and a note was left to put on the map 12 i feet' right- of way. We changed it- to 163,2 feet, but neither of the, maps have been approved with the right of way on them. THE CHAIRMAN: We approved the map with the restriction the right of way would have to be. put on it. The County"Clerk refused to accept the map because of the duplication of' lot . numbers and you have to change them. Southold Town Planning Board -5- November 21, 1967 WILLIAM WICKHAM,EQQ. : It' s important that the right of way will have to be shown, but it can't- be extinguished until the road is dedicated. MR. VAN TUYL: ' Even then, this as lay-out, does.n't. touch the right of way. You have to get right of way through that. ; MR: UNKELBACH: You can extinguish that right of way by a quit- claim deed. If you could it would take care of the f6ur people on it. WILLIAM WIRKRAM, ESQ. : When it is dedicated, if you want quit claim there will be no problem. THE CHAIRMAN: All we have to do is settle this difference .of opinhon. LEFFERTS ' P. EDSON,ESQ; : There is no difference of opinion. WILLIAM WICIKHAM, ESQ : Except that we have to have continuation of this right of way. -MR AXIEN: Has Mr.- Smith arranged to get the property from his sbster. LEFFERTS P. EDSON,ESQ.: He said there is no problem. MR. MOISA: You will draw up some legal instrument on that? LEFFERTS P: EDSON,ESQ.: Yes. Henry will have to get from the northerly end of the road to the right of way. MR. UNKELBACH: One more question- Mr.. Wickham, you talk abut Mr. Smith getting right of way fromhis sister. That won't- be sufficient to the rest .of the people. WILLIAM WICKHAMrESQ:: Mr.- Smith will get the right of way from his sister for all these people. MR. MOISA: 'When this is drawn up may we have a copy for our records? LEFFERTS P. EDSON,ESQ.: Yes, of course. THE CHAIRMAN: Are you in a hurry for this map? LEFFERTS P. EDSON,. ESQ.': Yes. Southold .Town Planning Board -6- November 21, 1967 THE CHAIRMAN: Get us a letter on this right of way. LEFFERTS" P. EDSON.,ESQ.: I don't think the agreement. is a necessary requirement for you to vote on this map. We agree there is right, of way. We can take care of it this way but it doesn't, have anything to do with the filing of the map. THE CHAIRMAN: I agree with you. There is no problem about it. I move that- the map presented as corrected as requested by the, County Clerk and others be approved for refiling. MR. UNKELBACH: This can't be approved if the right of way encroaches. THE CHAIRMAN: The right of way is shown there. WILLIAM WICKHAMe ESQ : It is a legal problem, but I don't know if it has any bearing on you approving it. I think you can approve a map if the owner is on it. On motion by Mr. Wickham, seconded by Mr. Grebe, it was RESOLVED that the map of Peconic Homes, Section II, located at' Peconic, in. the. Town of: Southold, County of- Suffolk, and State. of New York, owned and developed by Henry J. Smith, be re-approved as corrected as requested by the Suffolk County Clerk, as to the requirement for the renumbering of the lots and as to the width of the right of way. The words "Not- used" appearAng on the fight of way, shall be removed before the map is filed. Vote .of the Board: Ayes:- ALL WILLIAM WICKHAM& ESQ: I would like to make one more remark on that. There is some question on the right- of way not h3Lng used. It has been used. MR. VAN TUYL: We saw that it has not been used. We didn't mean that it- has never been. used. It is not used at present. -It was agreed .by all that the words "not- used" shall be moved from the ift right of way , and this shall be made part of the requirement for- refiling the map, and part of the resolution. ) Southold Town Planning Board -7- November 21, 1967 Mr. Lefferts P. Edson, E6q. , appeared before the Board inxegard to Village Gardens, Boisseau Avenue, Southold, owned by Benjamin Selvin & Others. Mr. Edson noted that this subdivision had been discussed a year- or- so ago and at that time the roads were not laid out sires satisfactorily and at that time there was no public water available. The' Chairman stated that at that time they had been advised they should acquire some land on Middle Road; that it was available at a reasonable price. It- was determined that- the land referred to was still available to be purchased. It was pointed out that. the' Superintendent of Highways does not approve the layout of` the roads. It was Mr. Edson's suggestion that' Mr. Van Tuyl do the map completely over. the' Chairman advised that real effort should be made to acquire land on- Middle Road for access. Mr. Edson pointed out public water will be availalbe now. Mr.—Edson also stated the subdivision has title to the property owned by Teves as shown on the map. The Chairman brought up the question of parks and playgrourd provisions. He felt this would be a good spot to requrest cash in lieu of land, since this -property is close to the' Sound and the Bay, and there is no woods on the property to make a desirable park. The' Chairman advised the Planning Board will not accept minimum size lots; they want at least 20, 000 square feet. The Chairman also advised to obtain land on Middle Road or leave out that portion of' the subdivision. It was agreed that a new preliminary map be drawn up by Mr. Van Tuyl, showing all the changes discussed. Again a cash in lieu of Iand for park- & playground provisions was discussed. The Chairman felt this would be an ideal subdivision for the arrangement. Lefferts P.-Edson, Esq. , appeared before the Planning Board with a sketch plan for a subdivision on his property located in Bayview, Southold. The plan calls for ten lots on 5Z acres of land. The property adjoins property of Jordon M. Iserman who has set aside four lots, immedtely adjacent to Mr.- Edson's property. It was the the suggestion of the Planning 'Board that the road in Mr.- Edson's subdivision connect with the road of Mr. Iserman's. This would provice a continuous "U" loop. Mr.. Edson stated he would contact' Mr. Iserman to see if this would be possible. Southold Town Planning Board -8- November. 21, 1967 The Chairman read the following letter: "November 16, 1967 "Planning Board of the Town of Southold, Southold, New York. "Dear Sirs: "This refers to the 9.32 acre parcel of land at- Fishers Island which my wife and I have recently acquired from Race Point Corporation. - Said parcel is shown on sketch of said parcel made by Chandler & Palmer, a copy of which said surveyors have forwarded to Mr. Grebe. "We also own Reservior' Road which provides access for said parcel through Winthrop Drive. "We have no intention at this time of offering any part of the property for sale to the public or preparing or filing any subdi-ision map of said 9.32 acre parcel. "The contract for the acquisition of such property was made on May 6, 1967. Shortly thereafter, we received an offer from George K., Conant, .Jr. and Ellen R. Conant, his wife, for approximately. 2.50 acres, which is also shwon on said sketch and which we would like to sell to the` Conants. - Aceess for the 2.50 acre parcel would be through the right of way on the 9.32 acre parcel, shown on the sketch, which right of way connects with Reservoir' Road. The conveyance to the Conants would be by a metes and bounds description, without reference to any map or survey. "The' Conants are ready to improve the property. "We purchased the property for- a homesite for ourselves and intend to construct a dwelling thereon, perhaps next- year. We do not need the entire 9.32 acres and as above mentioned would like to sell a portion thereof. "We have been informed that new subdivision regulations have been adopted and that the Planning Board will consider this a minor subdivision under the regulations and will advise us whether the proposed sale can be made under all existing conditions. Southold Town Planning Board -9- November 21, 1967 "While we cannot understand how our sale to theConants would be subject t o the new regulations4. nevertheless, we would like your" Board, without prejudice to any of our rights, to consider the proposed sale and to advise us of their require ments in connection therewith. "We wish to reserve the right- to have the parcel or the remaining portion thereof declared- an open area development under' Section 280A of the Town' Law. j i "Very truly yours, /s/ William B. Mayj Jr. , " The Planning Board l(boked at the maps and discussed the proposal presented by Mr. May. • On motion by Mr.. Wickham, seconded by Mr. Unkelbach, it. Baas RESOLVED that the following letter be written to Mr. May: "November 22, 1967,. William B. May, ' Jr. , WILLIAM B. MAY COMPANY, 14 East 52nd Street, New York, N. Y. 10022 Dear Mr. May: In response to your letter of November 16, 1967, it appears to. the Planning Board that if. you sell- part of the shore front property to the- Conants, and reserve part for yourself, there, will be some six acres left over. It is the experience of. the Planning Board on Fishers Island that in a very short period. of time this six acres of land will be offered 'to somebody else, aand the Rules and Regulations for theSubdivision of Land will be avoided, and this is not good planning. The Planning Board will insist that you file a minor subdivision before selling any land. - Also the' Planning Board has found -that every experience there has been the reluctance cf the Fishers Island people to face the abominable conditions' of their highways, and the' Planning Board has no intention of letting this go any further. The roads in this subdivision will have to be fifty feet wide and built to Southold .Town Highway Specifications, a copy of which you will find enclosed. Vote of the Board: Ayes:- ALL Southold Town' Planning Board -10- November' 21, 1967 The Southold Town Planning Board received from the' Southold Town Board the original petition of Galileo Valentini and Addie D. Valentini of Fishers Island, New York, relative to a change- of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated at Fishers Island, New York, with the instructions to prepare an' official report defining the conditions described therein. This property is described as following: All that certain real property situated at Fishers. Island Town of Southold,. County of Suffolk, and State of New York, and more particularly bounded and described as follows: BEGINNING at a monument at an angle in the northwesterly line of Madeline Avenue, said point bE!hg 3988.00 feet- north of a point whichis 910. 00 feet west of another monument marking the Unites'Htates and Geodetic� Survey Triangulation Station "Pros", and thence running along asaid Avenue line south 83 degrees 42 minutes 30 seconds west 179.83 feet; thence north 06 degrees16 minutes, 40 seconds,. west 93.48 feet; thence 83 degrees, 42 minutns'X 30 .secondsdwest 209.46 feet to the south- easterly line of Cresenct Avenue; thence along said Crescent Avenue line North 14 degrees 31 minutes 20 seoncds east 106.71 feet to a monument; thence along said Avenue line North 03 degrees 25 minutes 40 seconds east 203.45 feet; thence south 86 degrees 34 minutes 20 seconds east 218..00 feet; thence north 03 degrees 25 minutes 40 seconds east 100. 00 feet; thence south 86 degrees 39 minutes 20 seconds east 21.715 feet; thence south 10 degrees 19 minutes 10 seconds east 55.55 feet; thence south 21 degrees 02 minutes 50 seconds east 159.65 feet to said Madeline Avenue line;, thence along said Avenue line South 33 degrees 14 minutes 10 seconds west 273.43 feet to the point of beginning. Containingf 3. 96 acres. On motion by Mr. Wickham, seconded by Mr. Cyle it was RESOLVED that the Southold Town Planning Board favorably recommends to the' Southold Town Board the change of zone from. "A" Residential and Agricultural District to "B" Business District on the above described property. The Board finds that the Property in question is surrounded by business property in a business area. Vote of the Board: Ayes:- ALL Southold..Town Planning Board -11- November 21, 1967 The Southold Town Planning Board received from the Southold Town Board, the following resolution of the Town_ Board with the instructions to prepare an official report and define the conditions described therein. "WHEREAS, thds Board deems it in the public interest and in the promotion of the health, safety, moral and general , welfare of the Town of Southold that certain premisds west of Greenport, New York, Town of Southold, County of' Suffolk, here- inafter more fully described be rezoned and zoned to "M" Multiple Dwelling District. "NOW THEREFORE, BE IT RESOLVED: That the Building Zone Ordinance of the Town of Southold includng the Building Zone Maps, forming a part thereof, be amended by the Town Board on its own motion, by changing from "B" Business and non-conforming uses to "M" Multiple. Residence District on the following described property: "BEGINNING at the intersection of the westerly line of Silvermere Road with the southerly line of a 20 foot private road known as "Silver Lane", from said point of beginning running across said Silvermere Road in the direct extension easterly of said southerly line, S. 85� 31' 40" E.- 50. 92 feet to the easterly lie of said Silvermere Road; thence continuing in said direct extension easterly through land of Jurzenia, S. 85" 31' 40" E.- 600. 0 feet; thence through said land of Jurzenia at right angles to the last described course'. S. 40 28' 20" W.- 500 feet more, or. less, to ordinary high water mark of Pipes Cove; thence westerly along said high water mark 860 feet, more or less, to land of Steinmetz; thence along said land of Steinmetz, N. 130 45 ' 00" E.- 695 feet more or. less, to said southerly line of' "Silver Lane" ; thence along said southerly line S. 850 31' 40" E.- 198.74 feet. tothe point of beginning. - Con- taining 11 3/4 acres more or less.. "BE IT FURTHER RESOLVED: That pursuant. to Article IlK, Section 901 of the Building Zone' Ordinance of the Town of Southold, ax the Town Clerk be and he hereby is authorized to transmit a copy of the resolution to the Planning Board of the Town of Southold with a written request instructing said Planning Board to prepare an official report concerning the same, togbdher with their recommendation. " Southold Town' Planning Board -12= November 21, 1967 On motion by Mr. Unkelbach, seconded by Mr. Wickham, it was RESOLVED that the' Southold Town Planning Board does favorably recommend to the' Southold Town Board the change of zone from "B" Business District and non-conforming uses to "M" Multiple Residence District- onthe above described property. -The Planning Board finds that most of 1he uses in this area are -non-conforming uses. It is the' Planri:ng Board's belief it is best to have this area zoned uniformly for the uses that are presently being conducted in the area. Vote of the Board: Ayes: - ALL The Planning Board received a letter from Frank' Zaleslsi, requesting an extension of the bond for Deep Hole Creek- Estates, Mattituck. On motion by Mr. Unkelbach, seconded by Mr,- Coyle, it was RESOLVED that the Southold Town' Planning Board recommend to the Southold Town Board that the bond for "Deep Hole Creek I Estates", located at Mattituck, owned and developed by Frank . Zaleski, be extended for a period of two years. Vote of the Board: Ayes:- ALL A letter was written to the G1en' Falls Group, Branch- Office, 161 William' Street, New York, advising them the Planning Board had recommended to the Town Board the bond for Deep Hole' Creek Estates, owned by Frank Zaleski, be extended for: two years. They were also advised that the work at' Deep Hab- Creek- Estaite s is- progressing satisfactorily. Mr. Lawrence Tuthill, Professional Engineer, Inlet' Lane Ext. , Greenport, New York presented the following bond estimate to the Southold Town Planning Board. "Southold Town' Planning Board, Main Street,, Southold, New York. "Re: Redwood Park, Southold "Gentlemen=;. Southold Town Planning Board -13- November 21, 1967 "My estimate for the roads and water mains for Redwood Park, Southold is as follows: "Land clearing none Rough grading 600 cy C $.50/cy $ 300.00 Fine grading 1,100 if C $.40/lf 440.00 Surfacing 1,100 if C $4.50/ if 4,950.00- 2 catch. basins C $500. 00 ea. 1,000.00 2 leaching basins C $1,200 ea. 2,400.00 12" pipe 50 1f. C $5. 00 1/f 250. 00 2 hydrants C #300. 00 ea. 600.00 6" water line 900 lf. C $4.25/ if 3,825.00 Administrafhre costs 800.00 Increase costs over 3 year period 1,375.00 $16, 000. 00 "Recommend aLbond of $16,000.00 "Respectfully submitted, /s/ Lawrence Tuthill" On motion by Mr. Coyle, seconded by Mr. Unkelbach, it was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board an estimated performance bond of $16,000. 00 for the completion of rca ds, water lines, and other improvements in the subdivision to be known as Redwood Park, Southold, New York, owned and developed by Gear ge Barzac, Jr. Vote ofthe Board: Ayes: - ALL Lawrence M. Tuthill, Professional Engineer, Inlet Lane Ext. , Greenport, N. Y. , submitted the following bond estimate to the Southold Town Planning Board: "Southold Town Planning Board, Main' Street, Southold, New York. "Re: Vista Bluff, Cutchogue "Gentlemen: "My estimate for bonds forthe roads at Vista Bluff, Cutchogue is as follows: Southold Town Planning Board -14- November 21, 1967 "Land clearing none Rough grading none Fine grading. 900 if C $.40/ if $ 360. 00 Surfacing 900 if C $4.50/lf 4,050.00 Curbing 80 if C $5.. 00/1f 400.00 4 leaching basins C $1,200. ea. 20/ to be completed 960. 00 Administrative costs 600.00 Increase costs over 3 year period 630.00 $7,000. 00 "Recommend a bond of $7,000.00 "Respectfully submitted, Lawrence M. Tuthill. " On motion by Mr. Unkelbach, seconded by Mr. Grebe, it was RESOLVED That the Southold Town` Planning Board recommend to the' Southold Town Board an estimated performance bond of $7,000.00 for the completion of the roads and other improvements in the subdivision to be known as Vista Bluff, Cutchogue, New York, owned and developed by Rene Gendron. Vote of isle Board: Ayes:-'ALL Mr.- Van Tuyl presented a revised plan for the' Subdivision of Richard A. Sheldon & others, located on the east side Cox Lane, Cutchogue. The plan now shows 10 lots, all which meet the lot size requirements. On motion by Mr.. Wickham, seconded by Mr: Coyle, it was RESOLVED that the preliminary plan of Richard A.-. Sheldon and Others for a subdivision on the east side of' Cox* X= Lane, Cutchogue, be granted preliminary approval, as shown on the mapby 'Otto W. Van Tuyl & Son, map dated November 21, 1967. Vote of the Board: Ayes: - ALL On motion by Mr. Unkelbach, seconded by Mr. Moisa, it was RESOLVED that the minutes of thee. Southold Town Planning Board, dated November 2, 1967, be approved as submitted. Vote of the Board: Ayes:- ALL Southold Town Planning Board -15 November 21, 1967 The next regular meeting of the Southold Town Planning Board will be. held at 7:30 P®M.', Tuesday, .December 12, 1967, at the Town' Office, Main' Road, Southold, New York. The meeting was adjourned at 10: 00 P.'M. Respectfully submitted, Barbara C.- Dittmann, Secretary Southold Town' Planning Board JOHN WICKHAM,' CHAIRMAN