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HomeMy WebLinkAboutPB-06/20/1967 E T Southold Town Planning Board p �O� S O UTH O LD, L. I., N. Y. 11971 411 y. 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 June 20, 1967 A regular meeting of the' Southold Town Planning Board was ttld at 7:30 P.M. , Tuesday, June 20, 1967, at the Town Office, Main Road, Southold,, New York. There were present: Messrs: John Wickham, Chairman; Henry Moisa, .William Unkelbach, Frank' Coyle. Absent: Mr. Alfred Grebe Also present: Messrs: Otto Van Tuyl,. Consultant, Lawrence, Tuthill, P.E. , Howard Terry, Building Inspector. Mr. Steve' Doroski appeared before the"O.lanning Board to discuss possible change of zone to "B" Business .District on pro- perty' on the North Road. The map on the proposed extension of the' County-Highway were viewed. Mr.. Doroski' felt- that' the barn used for' Bading potatoes will have to be moved .across the street, otherwise,_ the front part of the truck being loaded will encroach on the highway. The poss4bility of operating under- pre- sent conditions was discussed.- Mr. Doroski stated he would like to have all has operation on the north side of the road in view of the fact most of the farm is located on the north side of the road. He felt- the whole operation must- be held kmg xxkk together. T" Southold Town Planning Board -2- June 20, 1967 The' Chairman advised that- he did not see any particular problem.with his request, however,. he advised that- the:.Planning Board has not been giving changes of zone on the County highway, since they wanted to maintain this as a hi-.::;speed ,, limited access road. The Chairman advised that. the Planning Board would not be willing to go along with the whole width, but- would be willing to go along with the. width he presently has. The Planning Board would be willing to, go along.w ith a width of 4OO .feet and a depth of 300 feet on the north side of the New Middle Road, and the small strip, 400 feet- in width on the south side of the New Middld Road. The' Chairman advised Mr. Doroski this request would have to go the .the Town Board for their final approval and.he should make his application as per the discussion. BIRCH HILLS AT CcpUtW6 , SAMULE GRIMES;i ESQ: Since the last time we were here. a new law went in here. Unless you have a legend on the map(hich states to the effect that the proposed area is not' an offer for dedication they will automatically offer for dedication I am thinking of our last meeri.ng I wantto make sure my understanding is correct on your statement that it was good planning to make this park available. - Did- you mean to make this available to . i allthe people on the map. If that was the intention of your statement 'that is precisely what we contemplated. I -would like to have- the authority to ask' Mr. Van Tuyl to put- on this map to the effect. that. the park and playgound is not an offer to dedicate to the -Town. It will be enjoyed by the people on- the amprnap, not •SHE Zwhblaown. May' I ask you what your intention was? JOHN-WICKI3AM: Gies. We have had people- come in here and say yes4. we will show it on the map and then. ,five or ten years later the might sell. -it. If it is designated on the map then it can't be sold. You can sell property from a filed hap by description. You can't sellit= if it is on- the filed map that it is for park and playgound. . SAMUEL GRIMES, ESQ.': There was no- official offer of dedication on, the filing of the map on roads and playground, etc. Now the thinlnq is turned the other way. The filing of a map effects an o e of dedication that you can assume at any time. We want Southold Town PlanningBoard -3- June 204 1967 you- to say this. park. and playground will be for: the enjoyment of. everybody -on' this map,, but this does not constitute an offer for dedication to the Town`of Southold. It will never become a Town park. THE CHAIRMAN: 'Don't- sho�-/T circuit your own client. It-may - be at sometime he would want to dedicate it. SAMUEL' GRIMES',, ESQ. :- This may well 'be. We request that you approve this legend to be put on this map. It will be worded = filing of this map shall not con-situtuf3b an cfffer of dedication to the Taw n of Southold of the park and playground shown hereon. -HOWARD TERRY: Filing of the map automatically offers dedication of the -roads. SAMUEL GRIMES,, ESQ. : That means the Town of Southold will automatically take over the roads? HOWARD ,TERRY: No, you will still have to go through. the paper work.' THE'CHAIRMAN: I am glad you brouhgt this up. This is going to be a problem from now on. Whatever the wordingg' is on the "first few maps will more or less depend on "the attorney" involved. Sooner- -or later- we will adopt something more uniformto protect everyone-'s interest. I. believe we should clear this .wi'th the Town' Council. I would see no rason why we can't accept this amendment- to the map. .This is within our power. We will present it to 'the- Town Council for" his okay. If'he okays it there will be no problems. MR.UNKELBACH: The title remains vested in the corporation. - will you convey anything in your deeds? ' SAMUEL GRIMES, ESQ, s Every lot- owner -has an ireevocable right to the playground. MR. uNKELBACH: Who will maintain it? SAMUEL GRIMES,,r,. ESQ,: We want- the property owners to have an association to take care of ' it. There will be suffic.idnt motoviation of the property owners to take care of '.it. Southold'Town Board' of Appeals --4-- June 20,, 19.67 MR. UNKELBACH: The ownership-can- change hands and the new owner may not take the responsibility. Nat- VAN TUYL: Don't you want to take this up with the Town Attorney before putting it on the map? JOHN WICKHAM: We can accept the legend., .. We will check on tW-.wording. SAMUEL GRIMES, ESQ. : I should have the bond filed in a few - days. I. have the bond,. it is just a matter" of getting- all the signatures- on it. Most you have a formal resoultion- of the approval of -the bond? THE' CHAIRMAN: ,The -sufficiency has been approved. -The Town Board sends ,us a letter of acceptance that it has been approved. There is no problem, there is just the question of filing the bond and the -Town Clerk sends us a letter that, he has, the bond. The chairman is authorized to sign the map when this is done. SAMUEL GRIMES,ESQ. : The Town clerk will then submit it- to the -Town Board? THE' CHAIRMAN: Yes. May Brake one other statement- inline with the discussion about the continuing ownership of the park and playground area. In some subdivision there has been the wish on the part- of the corporation involved to dedicate the highway and' a small strip of beach -to the Town. They didn't arrive at this point until after they sold some lots and then it' became next to impossible to tetract from the interest- they-had conveyed out. In light of this,, it might: be- a good idea to say we are giving a right- to the park and playground and to the beach - subject- to dedication to 'the Town under some conditions. If you gives these people a deed, then it is out of your'hands. SAMUEL GRIMES: I have done this gas in some other area. I .. have reserved title to the bed of the street with the provision I would convey it to the association when the association was organized and ready to take ownership, then the xolm zorporation can do what it wants. THE" CHAIRMAN: In this particular case -they had only sold two or three lots. It was to their advantage to dedicate to the Town. .The Town insisted on a narrow strip of- land and the people did not- relinquish. SAMULE GRIMES, ESQ.: I don't think such a request would be ma&e. Southold Town Board of appeals -5- June 20, . 967 THE CHAIRMAN:` We have to assume every developer that comes in here =will have to- have Town roads. If you tie this thing up without any means of getting. -it back. into your hands the Town won't accept dedication of the roads. The Town might say that this park ang' playground should be dedicated to the Town. This goes back to an old belief in the Town of" Southold,, that- every highwiZ,. every development with waterfront should _have one ,raod going to the water. We have got hundreds I ---- ---- - � Xrri**mr of high- ways that tzrminate at.water. The` Town Board. is backing off this policy a little bit. They will .dmost certainly say• to you we won't' assume .the cost- of these highways .unless you 'take the park and playground -area or some of it. SAMUEL GRIMES:& ESQ.: That is an' errouneous r.equirement,_ I think. THE' CHAIRMAN: It would be in the Town of Huntington, were they have no roads- at tidewater. You can get to the beach in 100 places between here and' eutchogue. SAMUEL GRIMES, ESQ.': What- is taken in the size of the beach? ' THE' CHAIRMAN: One hundred feet. SAMUEL GRIMES,,-M. : How -is that- arrived at? THE' CHAIRMAN: On a town Road, 25' feet each side of the highway. SAMUEL GRIMES;,'- ESQ : There is 34 foot pavement and-50 foot road bed so that- give -about 18 feet that: would be 8 feet on, each .. side of the road. THE CHAIRMAN: No, wait-' a minute you have lost`me. You have 1.00 feet at high water mark. and 100 feet back. The thing we have advised, -put `in. this when you are talking about conveying to property owners subject- to possible dedication to, the' Town, -in. c ' ase a majority of the property owners want it-. Then you ,will not be held up by one person: SAMUEL GRIMES,. ESQ.: This will remain private unitl a majority of land owners with to- dedicate. THE' CHAIRMAN: This is possible. Southold Town Board of .Appeals -6= June' 00, 1967. SAMUEL GRIMES® ESQ. : How does dedication or not dedicating effect my getting off the bond? THE' CHAIRMAN: I don`t think it has any bearing on it. Let's take a dry run on this. You have got-- a subdivision here. You got the bond released. You have sold- four waterfront- lots. Things are going along pretty smoothly. You- have one-quarter mile.ofl.highway. It. costs money to maintain it. $500..00 maybe about $700. 00 a year. If you have snow removal, maybe $1000.00 So far you have sold four lots. The. Portion that they pay is very small. The developer. is carrying most of the- hxxxkaX burden. THe developer may think I am: paying taxes on this property and plowing the snow. The town should plow the snow. , So he says what stands in the way of my Ad dedicating to the Town. We have the houses and the assessed valuation. The only thing -that stands in the way is the requirement- for park and playground. The Town Board calls it a turnaround at water. That is the only thing that stops the developer from getting out from uder maintaining the mjk tx highways. Just assuming he didn't- see any possilmli ty of getting rid of' the other lots. Then, if you have these few words in there you could dedicate. - SAMUEL GRIMES& ESQ.._: I had no idea that the Town had such a policy. This has been an education for me. In this case in order for you to accept dedication for this you would require what? THE CHAIRMAN: `Fifty feet here and .100 feet here' and 100 feet back. We don't want you to short- circuit-your client. SAMULE GRIMES,,, ESQ. : I must leave myself in the position to do this. I didn't realize this. THE CHAIRMAN: I don't know how strongly the ' Town� Board is sticking to this. They have said lately they don't want to maintain them, but where they want them, they want them. SAMUEL GRIMES,. ESQ.: Does this policy apply on the Sound as well as on the Bay? THE' CHAIRMAN: Any waterfront property it applies to. SAMUEL GRIMES.- ESQ.,: Is it feasible to do anything with this now? THE' CHAIRMAN: They won't accept- dedication until you have the required assessed valuation in there, and they won't setup any -preliminary standards. Just make sure that when you sell the first few lots you make this cleat. Southold Town Planning Board --7-- June 20, 1967 SAMUEL GRIMES& ESQ.: I. understand in order to keep faith with prospective purchaster,. .if this is not redemmed with the property this park and. playground could be made a public-.park,, THE CHAIRMAN: It has been. our experience, without exception, after a period of years there isn't a person in' these developments who don't.-whant to .have public roads. . - SAMUEL GRIMES, ESQ. : My contemplation at first was 'to dedicate the roads. If this is going to be tied up, w ith 'the deidcation of the .beach,. I don't--.know what the decision will be. They -.want-you to maintain. the roads and they want to reserve the park.: .for- their: own use and they will maintain it. . -THE CHAIRMAN: The Town hasn't=been in the position. to. acceitt on that-basis.. -The way it has .been solved is to reserve an- area for possible dedication to the Town. - On. motion by Mr. .Wickham, seconded by Mr. Moisa, it,-was RESOLVED that the Southold Town Planning Board accept-'.the legend as proposed by Mr.• Samuel Grimes, Esq. , to be placed on the map .of "Birch Hills at Cutchogue% Vote of the Board: Ayes:- Mr. Tdckham, Mr. Moisa, Mr. Unkelbach, Mr. Coyle. On motion by' Mr. _Masa, seconded by'.Mr. Unkelbach,. it was RESOLVED that: the Southold Town' Planming Board set 1:30 P.M. ,. Tuesday,,, July 18,, 1967,, at the- Town' Office.,, Main Road, Southold,' New -York, as the time and .place of hearing upon question of approval of the following plat: Plat- of property owned by'Henry J. and Stella M. Smith,, entitled Peconic Homes, Section II, consisting of a parcel of land of approximately 10 acres, situated at- Peconic, in the Town of Southold, Suffolk County, New York, and bounded azd described as follows: Southold Town..Planning Board.. -8- June 20', 1967 BEGINNING` at a point- on the westerly line, of a proposed highway to be known- as- "Henry's Lane", -1505.24 feet northerly along said.westerly- line from'Middle Road, said point of beginning being the northeasterly corner of lot 12, as shown on "Map of Peconic Homes-", filed in the Suffolk County'Clerk's ' Office as Map` #4181, ; from said point of beginning running along said lot 12 as shown on said map, S. . 440 53-1 30", W.._ 209. 98 feet to land of C.P.F. Land Corp; thence along said land of-C.P..F. Land Corp; N. 470 59' 20" W.- 667.35- feet; thence along land of, Frederick Hehn, N. 440 53' 30" E.- 5-18.49 feet; thence along the westerly end of a private road known as "Mi:ami Avenue" and along land of Florence Gowan,, S. 420 09' 30" E.- 289.60 feet; thence along land of Peter Sienk-, three courses: (, ), S. 49° 56' 30"' E, 179.1 feet; thence .(2) S. 37 0 46' 30" E.- 70.80 feet; thence :(3) N. 620 ,242 30" E.- 44.75 -feet;. thence along land of Henry J. Smith,;three courses: (1)' S. 240 42' 50" E.- 106.65 feet; thence !(2) N.'' 650 17= 10" -E.- 150. 0 feet; thence (3) S. 240 42 ' 50"' E.- 135. 0 feet to the northerly line of a proposed highway to be known as "Soundview Avenge"; thence along- said northerly line S. 650 17 ' -10`1- W. 301. 01 feet; thence across said "Soundview Avenue", and along land of Long Island Lighting 'Company, S. 420 09' 30" K.'" 194.27 ' feet; thence along lot 25 as shown on said "Map of Peconic Homes", S. 470 502 3011 -W.- 186.18 feet` tothe easterly line of said "Henry's Lane";, thence along said easterly line, N. 450, 061 30" W.- 81.12 feet; thence across said " Henry's 'Lane", S: 440. 53' 30" .W.- 50:0. feet to the point of begining. Vote of the Board: Ayes:- Mr. Wickham, Mr: Moisa, Mr. Unkelbach, Mr.- Coyle. The Plannxiig Board received from ,the Town' Board the original petition of Casbor, Inc.,,, .Mattituck, New York, relative to a change of zone from"A" Residential and Agricultural District to "B=2" Business District with the instructions to prepare an official report defining the conditions described in the petition and determine the area so effected with the recommendation of the planning Board. Southold Town Planning Board -9- June 20;,, 1967 This- application is on certain .real.property situated lying and being at Mattituck,.. Town oESouthold, County-of Suffolk and State of New York, bounded and. described as .follows: BEGINNING.' at a concrete monument on the southeasterly side of'Westphalia Avenue at the northwesterly corner of the premises herein 'described; funning thence along, Westphalia Avenue two courses- and distances: (1) South 70.0 00,° East .116.10 feet. to.' a monument: (2) South 360 23' 40" East- 125.,00 feet- to a monument and Middle Road' C.R. 27; running thence. southwester'ly along Middle Road C.R. 27 on a .curve to the g.ight having a radius of 1799.86 feet to a distance of 306. 90 feet to land of Kaiser; running thence along .said. land of Kaiser. North 670 39' 30" West 205.85 feet to a- monument at the southwesterly corner.. of premises herein described; r.unning.. thence North 36° 47 " 30". East 35& 96 'feet to the monument at the point .or place .of beginning. On motion by Mr. Moisa.,, seconded by' Mr. Unkelbach,. it was RESOLVED that the Southold .Town' Blanning Board does not favorably recommend to the Town' Board the change of zone .from "A" Residential and Agriai.tural District to "B-2" Business District on the above described property. The Board finds 'this property is -in- close proximity to a church and it is their- opinion. not suitable for business use. Vote of the Board: Ayees:- Mr. Wickham,, Mr., Moisa, Mr. Unkelbach,, Mr.- Coyle. On motion by. Mr. Moisa, seconded .-by Mr. Unkelbach, it was RESDLVED that the minutes of the Southold Town Planning Board dated May 9, 1967, be -approved- as submitted. Vote of the Board: Ayes:- ALL On motion by Mr, Moisa,, seconded by Mr. Unkelbach,. it was RESOLVED that- the minutes of the Southold Town Planning Board dated May 15, 1967,, be approved as submitted. Vote of the Board: Ayes:- ALL Southold Town Planning Board -10- June 20, 1967 The next-- regular- meeting of the Southold Town -Planning Board will be held at- 7:30 PM., Tuesday, July 18,,. 1967, at the Town, Office, Main Road,,,'. Southold,, New York. 10: 00 The meeting'wes adjourned at . P.M. Respectfully submitted, Barbara- C. Dittmann,, Secretary Southold Town' Planning' Board !o c AL �. JOHN WICIUMM,. CHAIRMAN