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HomeMy WebLinkAboutPB-05/09/1967 oo Southold Town Planning Board p • SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe William Unkelbach Frank Coyle M I N U VE S SOUTHOLD TOWN' PLANNING' BOARD May 9, 1967 A regular meeting of. the' Southold Town' Planning Board was held at 7:30- P.M..,r. Tuesday, May 9, 1967, at the Town Office, Main Road,- Southold, New York. There were present: Messrs: John-Wickham, Chairman; Henry Moisa, William Unkelbache Frank- Coyle.. Absent: Mr.- Alfred Grebe, Also .present: Messrs=0TTO,Van Tuyl,- Consultant; Howard Terry, Building Inspector. Mr.- Angelo petrucci appeared before the Board for an informal discussion inregard to dredging at property located on lots 80-87 inclusive,. in M.S. ,Hand,,- Section II, Cutchogue, New York. There is an, existing gutter., which Mr.- Petrucci. owns half of, that is desired to be dredged. The other half of .the gutter is owned by J. G. Madzelan. Mr. Petrucci stated that: Mr. Madzelan has -consented to have .his half of the gutter dredged. The Planning Board advised Mr. Petrucci that they wish to discuss this matter with the Southold Town Trustees. Southold Town Planning Board -2- May 9, 1967 Mr. Moisa, acting .Chairman, reopened the hearing on ' Birch Hills at` Cutchogue. This had been recessed at the last meeting of the Planning Board. MR. MOISA: The legal .notice of hearing was read at the last meeting. ;(Mr, Moisa read from the minutes. of April 11, 1966, as it- concerned the hearing on Birch Hills at' Cutchogue,. ) MR. M(DISA: At this time is there .anyone present- who wishes to speak in favor of this subdivision? ' SAMUEL L. GRIME.S;;,ESQ.: I, am the attorney for Birch Hills, for' Birch Properties, Inc. , the owner of the property in question. Mr.. Van Tuyl' had prepared the map you- have before you. We are anxious to have you approval of the map .and we very respectively request that you take that action. MR. VAN TUYL:- Was this being held up because of the bond? ' HOWARD TERRY: We haven't received any bonds or any.;-securities. - SAMUEL' L. GRIMES. , -ESQ. : I was a little confused about that. It is my present- understanting .you may approve the map but it will not be signed as to be filed until the bond i,-4posted and I further .understand that. we 90 days to post the bond. ' MR. WICKHAM: This has never been .a problem. If you take longer than 90 days we won't be to concerned. If it- was to be laved a year -or. more, this would be something different. ,This would be unreasonable. I think- there -is another - thing-,which you ought to be aware of. Bonds-have been rather difficult to acquire. The TownBoard' has accepted bank passbooks in quite a few cases. This/�'sa matter which you would .h:ave to take-. up with the- Town Board. The manner in which a performance bond may. be 'filed was briefly discussed. - Also the -matter- of filing..two bonds and the release from bonds or- partial release from bonds was briefly discussed. - Mr. Grimes was advised that the filing of the bonds are taken care of by the .Town Board. Southold Town' Planning Board -3- May 9, 1967 On motion by Mr. Wickham, seconded by MMr. Coyle, it was RESOLVED& WHEREAS Birch Properties, Inc. , has petitioned the Southold Town- Planning- Board for final approval of their plat known as "Birch Hills at Cutchog-ue",- Cutchogue, New York, and, WHEREAS. the Superintendent- of Highways of the Town of Southold has inspected the map and approves the highway layout of the roads to be constructed, and his report is hereby accepted . by the Planning Board, and, WHEREAS,,,, adequate area has been setaside for 'the. park and playground provision, and, WHEREAS,e; the signing of the final maps by the-Chairman -of the- Southold Town' Planning Board is waived until such time- as a performance bond is posted for the roads and other improvements in the subdivision, and -:said bond is accepted by the Southold Town Board, NOW THEREFORE BE IT. RESOLFED that the subdivision to be known' as Birch Hills at Cutchogue, Cutchogue, New York, - con- sisting of 11.126 acres, owned and developed by Birch Properties,. Inc. , be and the -same hereby is approved. Vote of the Board: Ayes:- Mr. Wickham., Mr. Moisa, Mr. Unkelbach, Mr.- Coyle, Mr.- Stanley 'Sledjeski appeared before the Planning Board`_ with. a preliminary plan of a subdivision to be entitled Sunset Knolls, located at Mattituck, west side of Luthers Road: The ' Subdivision, contains 9.45 acres and will have 17 lots'. . All lots meet area requirements. Park and Playground provisions were briefly discussed. It was reported that- the case in ' regard to cash equivilency for park and playground area still has not been resolved. Mr. Sledjeski stated that the roads in the subdivision would not be cut in until fall as there is potatoes growing now. Planning Southold Town/Board .u::'' J .:z::. -4- .May 9, 1967 On•.motion by Mr. Wickham, seconded by Mr.Unkelbach,, it was RESOLVED that preliminary approval be given to the sub- division `to be known as Sunset-Knolls,. located at- Mattituck, Town of Southolde Suffolk, County,- New York, consistion of 9:45.' acres,. owned and developed by' Stanley Sledzieski. ` Vote of the Board: Ayes:- Mr. Wickham, Mr. Moisa,, Mr. Unkelbach,, Mr. Coyle. The Planning Board received from the Town Board the original petition- of Cora Wolf and Anthony T. . Blados;, Cutchogue, New — Yorks- for 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. - Location*1of property; - : Southeasterly side'Main Road, Cuthchogue,, .New York,. bounded and described as follows: BEGINNING at a monument on the southeasterly line of Main Road, 1021 feet, more or less, southwesterly- along said southeasterly line from Flats Neck Road,; said point of beginning.. being, the, wes.terly'.corner of land of' Fleet and the northerly corner of land of Wolf; from said point of .beginning running along said land' of Fleet, two courses: (1) S. 50" 0.9' 20" E. 200.-0 feet to a monument;: thence ;'(2) S. 1 290 44' 0011° W. 175..0 feet to an iron pipe and.,land of aohn- Wickham; thence along said land of Wickham, N. 500 09' 20" W. 200. 0 feet to said southeasterly line of the' Main Road; '- thence along said southeasterly- line,,, N. 290 441 00" E. 175.0 feet to the point of .beginning. This request was discussed by the Planning Board. On motion by'Mr. Wickham, seconded by Mr.- Unkelbach, :it- was RESOLVED that the Southold Town' Planning. Board recommend - favorably- to the` Southold Town Board the -change of zone from "A" Residential and Agricultural District-.to "B-2" Business District on the above -described property. Southold Town. Planning Board 5- May 9, 1967 In view of the fact this property Lies be.tween- an "A" Residential. and Agricultural District and ainon-conforming business operation in an- "A" Residential and Agricultural District; and there are other properties on ,the same side - of.. the street- further: East and' West zoned "B" Business, the, Planning`Board would recommend a. "B-2" Business District . for this property, in as much as there will be only an office type- use -at the present time in. the described premises. There are other properties , on the opposite side of the Street which are zoned' "B" Business and used` for, purposes outlined. in the "B" Business' District. Vote of the Board: Ayes:- Mr. Wickham,. Mr. Moisa, Mr. Unkelbach,, Mr. Coyle. The .Planning Board. received from the Town Board. the. original petition of'William A. Starks and Irene' Starks, for a change .66-zone from- "A" Residential and Agricultural District- to "B" 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. . Location of property: certain real property located- at-- Mattituck,. Town of Southold, Suffolk" County, New Y rk, and bounded and. described as follows:. BEGINNING� at a p8int. on- the southwesterly side of Westphalia Avenue, .adjoining land' of North Fork Oil Heat'Company on. the' South,_ said point being 294 feet from the :intersection= of the southwesterly ,line of Westphalia Avenue and the northerly line of'Long' Island Rail Road Companja;. from. said point= of beginning running thence along , said- land of North Fork Oil .Heat- Company two courses and distances:: ;(1) South 190 16" West 105..85 fee.tj thence .(2) South' 450 05' West 68..15 feet to land of Penny; running thence along said land North. 48° 1.7" West 49. 06 feet. to land of Charkow; running thence along said land North 190 16' East 148.47 feet . to the southwesterly line of Westphalia Avenue; running thence along .said ..line' South 700 44' East 75- feet .to the point- or place of beginning. This application was discussed by the' Planning Board. It was determined that- the business zone property line does not cover the entire parcel of North Fork' Oil Heat-,Company. on motion .by'Mr.. Wickham, seconded by Mr. Unkelbahc, it- was' RESOLVED that the Southold Town Planning Board recommend y Southold .Town Planning- Board -.6- May 9,, 1967 favorably'- to the`.Southold' Town Board the. change of .zone from and Agricultural District to "B" Business District on the described property. The Planning Board -further- recommends the Town Board, on their own motion, change the balance of the, North Fork Oil Heat Company property which is, not now zoned "B" Business District- and lies-between-: the. present "B" .Business: District and the property under application. Vote -of the . Board: Ayes:- Mr., Wickham, Mr. Moisa,, Mr. Unkelbach., Mr.- Coyle. Mr. Alvah Goldsmith, Chairman, Board of Trustees appea3ad before the Board to discuss various dredging projects .in gouthold Town. . They discussed. the request- of Angelo...Petrucci. Mr. Goldsmith said that the Trustees. had not given approv:d.' of this request. Mr.. Goldsr&h said he thought there was a question. of jurisdiction:-in this case. 3 A discussion was held. on issuing summonses, to. persons who do not obtain .a permit= to. ,dredge. - .A summons should...be . issued to the person doing. the dredging and the owner of :the property. It was agreed there was. more policing..necessary. It,>was felt that- a. person should-be appointed to ..go- around .the Town and inspect all dredging projects. Again the. dredging project of Angelo .Petrucci was discussed. The Chairman stated the Planning Board did not .have .jurisdication in-.the, matter, because the. property in .question is a filed map, filed .some time ago. It was:'decided it- might be possible to tell Mr.. Petrucci he may dredge. to the center'.of the existing gutter, and. no further. Mr. --Goldsmith gave a report on the dredging done by Mr. Victoria at Bayview. He said there was no need .for a court. c.ase. Mr. Victoria is waiting to be told what to do. . Mr. Goldsmith stated there are a couple of acres of land that must be taken back. The Trustees are having a map made to establish the line where the land.,should be taken back: to. Southold Town° Planning Board -7- May 9,. -1967 On motion by Mr.. Wickham, . seconded by'Mr: Coyle,it was RESOLVED that a letter be written to Mr. Angelo' Petrucci Bay -Avenue, Cutchogue..., New York, in, regard to dredging. a canal on. lots numbered 80 to 87" incluaive, Plots A and B, map of M.S. Hand, Section II_a, east side' Stillwater Avenue,, Cutchogue, New York. The Planning, Board approved this dredging subject to certain conditions which Mr. Petrucci must- follow. - Copy of said letter to Mr.- Petrucci is on. file in the offi.ce � of the Planning' Board. Vote of the,.Board: Ayes:- Mr. Wickham, Mr. Moisa, Mr. Unkelbach, Mr. Coyle. The Planning Board received from the Town' Board the original petition. of .Albert and Veronica Frohne, ,Silvermere Road, Greenport, New York, relateive to a change of zone from"A" Residential and Asgricultural 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 ye"La' Board. Location of property: certain real property situated at Greenport, in- the Town of Southold, Suffolk- County, New York,' and bounded and described as fol bws: PARCEL A- BEGINNING at a point on ordinary high water make of Pipes-'.Cove at the southeasterly corner- of ' land conveyed by the.: party of the first part to' Clarence' C.- Roach; running thence along last described lands, N. 3° 45" E. Three hundred :(300) feet, more or- less, to the southerly line of a certain (16) foot right of way herei.naf_ter described; thence along .said southerly lane of .said right of way two courses, as follows: ;(1) N. ,.490.. E.- fifty- three and eighty-six- one- hundredths ,(53,86) feet; thence ;(2) N. 760 451- E. forty :(40) feet:',_. ,thence along other- land of said party of the first part,,, being Veronica Frohne, a line parallelto the first described boundary., S. ,3° 45 " W.- three- hundred thirty ,(330) feet= more or less,, to said ordinary highwater makr of Pipes Cove; thence along said .ordinary high water mark of Pipes Cove southwesterly eighty ;(80) feet to the point of' beginning. PARCEL B - BEGINNING' at a point N/ '10 _.24' 40" E. seventy- and sixty-thee one hundreths ;(70.63) feet from the northeasterly corner of land contracted to�be• sold.by Albert and Veronica Frohne to Thomas. Jurczenia,. .and running thence- along, other land of the applicant N. 800 551 i W. one hundred forty six and seventy seven one-hundredths (146.77), feet; thence on the extension northerly l Southold Town Planning .Board - 8- May 9.,, 1967 of the division line- .between land of .said Thomas Jurczenia and land of August-'. Sieger: S. 3° 45 1: W.i twenty and nine one-hundredths !,(20. 090 feet. to the northerly line of a fifty ,(.50) foot- strip of' land reserved for a road; thence along ° said 50 foot- strip of land reserved for a� road: three courses as follows: 1. N. 80' 551 W.- 20.17 feet; thence 2. N. 470 33 ' W. 40.84 feet; - thence- 3. N.. 150 21' 30" ` E. 47.83 feet; thence along other land of Roach, S.' 800 55' E. one hundred eight-seven and twenty-four- one hundredths.. ;(187.24) foet; thence along other land of 'Jurczeniar.`S: 10 241 40" W.= fifty and fourty-five one hundreths ;(50.45) to the point of beginning. On motion by Mr. Wickham, seconded by Mr. Unkelbach,., it was RESOLVED- that the- Southold Town Planning Board'fecommend favorably to the' Southold Town Board the change of zone from "A" Residential and Agricultural District to "B-2" Business District- on the above- described.property. The ,- finds that .this property has been used as a non- conforming use for many years. Vote of,-the Board: Ayes:- Mr. Wickham., Mr. Moisa, Mr. Unkelbakti,, Mr.. Coyle., The' Planning Board received from the' Towri Board the original petition- of 'Edward Nidds#, Southold,. New York, relative to a change of zone from. "A" Residential and Agricultural District to "B" .Business District with instructions to prepare and -official report defining the° conditions described in the petition and determine the area so effected with the recommendation of the -Planning Board: Location. of property: Certain real . property situated at Matkituck,. in- the Town of Southold, Suffolk County, New York, and bounded and described as follows: BEGINNING` at a point- on the southerly side of Main Road where the easterly line of land of Filla intersects the said . Southerly ,side ,-of Main Road and from sadi- point of-'beginning running thence along the southerly Bide of 'Main' Road 'the following.. two courses and distances: (l) North_ 890 03,E 00" East 68.80 feet; (2) South. 870 39' 20" East 417.12 feet to land of F. Billard Estate; thence along the land of F. Billard Estate the -follow-ing two courses and`-distances: 11) South 40 521 40 west 18-%76 feet; ,(2) south 84° 531 20" East" 94.64 feet to land of Sidor; thence along land.of Sidor: the following two courses and distances: !(I), south 50 068 .4011 West'- 628.13 feet; (2.) North 890 288 40" West 191.42, feet to Mattituck" Estates, Inc..r, ;(Suffolk Southold Town Planning Board -9- May 9,, 1967 County File' 04453) ; thence along the northerly line of, Mattituck Eatates, Inc. (Suffolk County File #4453) North W 26' 30" West 288.74 feet- to -land of Filla; thence along land of Filla the following three. courses and distances: i'(1) North 20 503 00" East 565.37- feet; ;(2) North 860 18' 10" West 71.33, feet; ;i(3) North- 3 0 26= 10" East- 253.61 feet to the southerly side of Main° Road and the point or place- of Beginning. On motion by'Mr. Wickham, seconded by Mr. 'Unkelbaeh, it: was RESOLVED that the' Southold Town Planning Board does not favorably recommend to the' Southold Town Board'the ,change of zone from "A" Residential and Agricu]iural District- to "B" .Business District- on the above descrbed property. It- is the opinion of the Planning Board this is too large an area forthe, type of use intended. The Planning Board also points out that the proposed .change would constitute spot zoning, as the property is surrounded by "A" Residential and Agricultural District. Vote of' the Board: Ayes:- Mr. Wickham,, Mr. Moisa, Mr. Unklebach, Mr. Coyle. On motion by'Mr. Wickham,, seconded by Mr. Unkelbach,, it was RESOLVED that the minutes of the' Southold Town Planning Board dated April-. 11, .1967,, be approved as submitted. Vote of the Board: Ayes:- ,Mr. Wickhame, Mr. Moisa, Mr.-'Coy3e, Mr. , Unkelbach. . On motion by Mr.- Coyle, seconded by Mr. Wickham,, it was RESOLVED that- the minutes of 'the` Southold Town Planning Board on the special meeting held on May 4, 1967, be approved as submitted. Vote of the Board: Ayes: - ,Mr. Wickham,, Mr. Moisa, .Mr.- Coyle, Mr. Unkelbach. The next- meeting of the .Planning. Board was set for June 6,. 1967,, at the Town' Off ice,_ Main Road, Southold, New York, at 7:30P.M. Meeting:adjourned at 10:15' P.M. Respectfully submitted . Barbara C. Dittmann, Secretary Tnwig WT,,Y =AY: CRAIRAW