HomeMy WebLinkAboutPB-08/16/1971 1
Southold Town Planning Board
Ln • SOUTHOLD, L. I., N. Y. 11971
PLANNING BOARD
MEMBERS
John Wickham, Chairman
Henry Molsa
Alfred Grebe
Henry Raynor
Frank Coyle
MINUTES
SOUTHOLD TOWN PLANNING BOARD
August 16, 1971
.A regular meeting of the Southold Town Planning Board was
held at 7: 30 P.M. , Monday, August 16, 1971, &t the Town Office,
Main Street, Southold, New York.
There were present: Messrs: John Wickham, Chairman; Henry
Moisa, Vice-Chairman; Henry Raynor; Alfred Grebe.
Absent: Mr. Frank Coyle.
Donald Alfano, resident and owner of lot no. ll of Corey
Creek Estates, and Daniel Sims, resident and owner of lot no.
18 of Corey Creek Estates, appeared before the Planning Board
in reference to the condition of the road in the subdivision
"Corey Creek Estates" , located at south side of Bayview Road,
Southold, N.Y. Mr. Alfano questioned why the road is not
completed and why the Town extended the bond without notifying
the residents. The Chairman informed him that this is a
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Southold Town Planning Board -2- August 16, 1971
matter between the Planning Board and the developer of the sub-
division, his attorney, and the bonding company. The bond was
renewed to give them an adequate opportunity to complete the
road and other improvements. Mr. Alfano stated that the road,
Corey Creek Lane, is in very bad condition and almost impassable
in bad weather. He stated that he purchased the lot and built
his home with the understanding that the road would be completed
by May of 1970, and if it was not, the Town would take the bond
money and complete the road. The 'Chairman informed him that
shortly before this date the developer requested an extension
of the bond, and after making an inspection on the progress of
the work, the Planning Board felt that they were acting in good
faith and granted them an extension. Also, it was discovered
that an error had been made in the dredging of the canal, so it
was necessary to give them additional time to correct it. Another
extension was granted in June 1971 until June 1972 in order to
complete the road. They were granted this second extension
because of the time it took to correct the error of the dredging
of the canal. Mr. Alfano, questioned what sort of legal action
he could take against the developer. The Chairman advised him
to send his lawyer to the Town Attorney and find out exactly
what rights he has as a lot owner and resident, and then send
his lawyer to Eugene Francolini, the attorney for South Fork
Development Corp.
Mr. & Mrs. Ellenberger presented the Planning Board with
a preliminary map for the proposed minor subdivision of the
property of S. Santini, located at N/E corner of Westphalia
Road and Howard Avenue, Mattituck, N.Y. The .map showed six
(6) lots containing from 11, 500sq. ft. of area to 18, 000 sq.
ft. of area. The Board informed them that this map is un-
acceptable because of the under size area of the lots. Mr.
& Mrs. Ellenberger asked the Board for suggestions for the
division of this property. The Chairman advised them to go
back to the surveyor and have him prepare another map which
he thinks will meet the Planning Board requirements. Mr.
Ellenberger inquired if it could be divided into three (3)
lots, one for each of his children. The Chairman advised
him that this would possibly be acceptable to the Planning
Board as a minor subdivision. Mr. & Mrs. Ellenberger to
have maps revised and present them at the next meeting of
the Planning Board.
Southold Town Planning Board -3- August 16, 1971
Rudolph Bruer, Attorney presented the Planning Board with
a preliminary map for the proposed minor subdivision of Jack
Stukas, property located at the N/S of Soundview Avenue, Matti-
tuck,- N.Y. The map showed a minor subdivision of five (5) lots:
lot no. 1 contained 32,261 sq. ft. of area; lot no. 2 contained
34, 877 sq. ft. of area; lot no. 3 contained 34,602 sq. ft. of
area; lot no. 4 contained 36. 197 sq. ft. of area; lot no. 5
contained 35, 498 sq. ft. of area. All lots have from 100 ft.
to 120 ft. of road frontage on the N/S of Soundview Avenue.
Upon inspecting this map, the Board found that the property
owners on the S/S of Soundview Avenue were not shown on this
map. The Board advised Mr. Bruer that the property owners on
the S/S of Soundview Avenue must be printed on the map. Mr.
Bruer presented the Planning Board with two (2) copies of formal
applications for this proposed minor subdivision. Mr. Bruer to
have maps revised and present them at the next meeting of the
Planning Board.
Mr. Justin E. Clemens presented the Planning Board with
a preliminary sketch for a proposed minor subdivision of his
property located at the west side of Platt Road, Orient, N.Y.
The sketch showed a minor subdivision of five (5) lots each
containing approximately 1. 6 acres of area and having 100+ ft.
road frontage on the west side of Platt Road. The Board advised
Mr. Clemens to have a survey of the property made showing all
adjacent property owners and property owners across the street
on the east side of Platt Road. Mr. Clemens to have preliminary
maps made up and present them at the next meeting of the
Planning Board.
Dominic Aurichio, Attorney appeared before . the Planning
Board in reference to the proposed minor subdivision of Tendler
& Others, property located at E/S of Ninth Street and S/S of
Brown Street, Greenport, N.Y. The Board was presented with
three (3) copies of revised maps, two (2) copies of formal
application, fee of $50. , and letter of intent. The Chairman
informed Mr. Aurichio that several members of the Planning
Board have inspected this property and it was discovered that
a road has been cut through. The Chairman informed him that
a road cannot be cut through in a subdivision unless it is
approved by the Planning Board, and no approval was applied
Southold Town Planning Board -4- August 16, 1971
for. The Chairman also stated that the Planning Board found
that two foundations have been placed on an unapproved sub-
division map. Mr. Aurichio stated that his clients cut the
road through and commenced the foundations without notifying
him. Mr. Aurichio said that he had no knowledge of what was
going on. Mr. Aurichio apologized for his clients actions
and stated that he would make sure that no further roads were
cut through and no further construction was commenced without
the Planning Board' s approval before hand. Mr. Aurichio re-
quested final approval of this minor subdivision. A lengthly
discussion was held by the Planning Board and Mr.- Aurichio.
It was agreed by the Planning Board that final approval be
granted to this minor subdivision subject to receipt of notice
of acceptance or approval, from the County Clerk ' s Office, of
the abandonment of the filed map of Greenport Driving Pa"rk.
On motion by Mr. Grebe, seconded by Mr. Raynor, it was
RESOLVED that the Southold -Town Planning Board grant final
approval to the proposed minor subdivision of Tendler & Others,
property located at EIS of Ninth Street and S/S of Brown Street,
Greenport, New York, subject to the following condition:
(1) Presentation of notice of acceptance or approval, from
the County Clerk ' s Office, of the abandonment of lot numbers 1,
11, 13, 15, 17, 19, 21, 23, 25, 27, 29, & 31 on the map of
Greenport Driving Park, County Map No. 369.
This motion shall include authorization for the Chairman
to sign the final maps upon fulfillment of the above condition.
Vote of the Board: Ayes: - Messrs: Wickham, Moisa, Raynor,
Grebe.
In reference to the proposed subdivision "Petty' s Bight" ,
located at the north side of Main Road, Orient, owned and
developed by George & Irving Newman, Mr. Aurichio requested
that a public hearing for final approval be set up for the
next meeting of the Planning Board. Approval of the road
.lay-out has been .received from the Supt. of Highways, Mr.
Dean. A highway work permit has been secured, by the dev
veloper, from the New York State Dept. of Transportation,
for connection to the Main (State) Road. The maps have been
approved and signed by the Health Dept. The Planning Board
informed Mr. Aurichio that upon receipt of bond estimate from
Lawrence Tuthill, for the cost of construction of roads and
Southold Town Planning Board -5- August 16, 1971
other improvements, a hearing for final approval will be set up
for the next meeting of the Planning Board.
Dan Smith presented the Planning Board with revised pre-
liminary maps for the proposed subdivision of W. H. D. Realty
Corp. , to be known as "Northwoods" , property located at north
and south side of Soundview Avenue, Southold, N.Y. This revised
map showed lot no. ' s 1 - 11 on the south side of Soundview Avenue
and lot no. ' s 12 & 13 on the north side of Soundview Avenue.
Lot no. ' s 1 - 9 contained 40, 000 sq. ft. of area, lot no. ' s 10
& 11 contained only 35, 000 sq. ft. of area. However, lot no.
12 contained 54, 000 sq. ft. of area and lot no. 13 contained
68, 000 sq. ft. of area, both of these lots are on the north
side of Soundview Avenue. The Planning Board advised Mr.Smith
that if the Health Dept. will approve of the size of lot no. ' s
10 & 11, the Planning Board will also approve them. No road
construction will be necessary in this subdivision as all of
the lots front on existing public highways.
On motion by Mr. Moisa, seconded by Mr. Raynor, it was
RESOLVED that the Southold Town Planning Board grant
preliminary approval to the lay-out of the lots in the proposed
subdivision to be known as "Northwoods" , owned and developed by
W. H. D. Realty Corp. , located at north and south side of Sound-
view Avenue, Southold, N.Y. This approval is granted subject
to the approval of the size of lot no. s10 & 11 by the Health
Department.
Vote of the Board: Ayes: - Messrs: Wickham, Moisa, Raynor,
Grebe.
Mr. & Mrs. Ralph Asselta presented the Planning Board with
a revised preliminary sketch for a proposed minor subdivision of
their property located at north side of Main Road, Cutchogue, N.Y.
The sketch showed a division of the property into four (4) lots,
three lots fronting on the Main Road and one lot running across
the back of the property with a 25 ft. right-of-way from the Main
Road to lot no. 4, running the entire, length of lot no. 4. The
Southold Town Planning Board -6- August 16, 1971
Board informed them that it would not be necessary to run the
right-of-way the entire length of lot no. 4. Mr. & Mrs. Asselta
asked the Board for further possibilities for the division of
this property. The Board offered several other suggestions for
dividing this property. Mr. & Mrs. Asselta to present a further
revised sketch at the next meeting of the Planning Board for
their approval.
Mr. Henry Romanowski appeared before the Planning Board in
reference to the test wells in the subdivision "Laurel Country
Estates" , located at the north side of Peconic Bay Blvd. , Laurel,
This subdivision is immediately adjacent to the easterly boundary
_line of Mr. Romanowski ' s farm. Mr. Romanowski stated that he
went to Kreiger and inquired how many test wells were placed in
this subdivision. Kreiger told him that they cannot find a
record of any test wells for this subdivision. Mr. Romanowski
then went to the County, they told him. that according to their
records there was only one test well. Upon inspecting the map
of "Laurel Country Estates" , the Board found that there were
three (3) test holes shown, but there were no test wells. The
Planning Board informed Mr. Romanowski that they will `send a
letter of request to Alden Young inquiring the number of test
wells and their locations in this subdivision.
Lawrence Tuthill, Construction Engineer presented the
Planning Board with recommendation suggesting the re-location
of "Bight Road" in the proposed subdivision to be known as
"Petty' s Bight" , located off north side of Main Road, Orient,
N.Y. He suggested that the entrance on the state road be
eliminated and the road enter the subdivision from the Old
Road. This would reduce the two 90 degree turns to one. Mr.
Tuthill stated that the present alignment of Bight Road is
very poor and will cause many traffic problems. A copy of
this recommendation to be sent to the Supt. of Highways for
hi,: comments on the matter.
Lawrence Tuthill, Construction Engineer, presented the
Southold Town Planning Board -7- August 16, 1971
Planning Board with estimate for performance bond in the amount
of $75, 000. for the completion of the roads and other improve-
ments in the subdivision to be known as "Petty' s Bight" , located
off north side of Main Road, Orient, N.Y.
On motion by Mr. Wickham, seconded by Mr. Grebe, it was
RESOLVED that the Southold Town Planning Board recommend to
the Southold Town Board, a performance bond in the amount of
$75, 000. , as prepared by Lawrence Tuthill, Construction Engineer,
for the completion of roads and other improvements in the sub-
division to be known as "Petty' s Bight", located off north side .
of Main Road, Orient, N.Y. , owned and developed by George &
Irving Newman.
Vote of the Board: Ayes: - Messrs: Wickham, Moisa, Raynor,
Grebe.
On motion by Mr. Moisa, seconded by Mr. Wickham, it was
RESOLVED that the Southold Town Planning Board set the next
regular meeting .of the Board, to be held at 7: 30 P.M. , Tuesday ,
September 7, 1971, at the Town Office, Main Street, Southold, New
York, as the time and place of hearing upon application for
approval of the following plat:
Plat of propdrty owned by George & Irving Newman, entitled
"Petty' s Bight" , considting of a parcel of land of 19. 72 acres,
situated at Orient, in the Town of Southold, Suffolk County, New
York, and bounded and described as follows:
See page 13 for legal description.
Vote of .the Board: Ayes: - Messrs: Wickham, Moisa, Raynor,
Grebe. i
The Chairman dictated a letter to be sent to Alden Young
requesting information on the number and location of test wells
in the subdivision "Laurel Country Estates" , located at north
Southold Town Planning Board -8- August 16, 1971
side of Peconic Bay Blvd. , Laurel, N.Y. Copy of this letter to
be sent to H.W. Davids, Director of the Division of Environmental
Sanitation.
The Planning Board was presented with three (3) copies of
final maps for the proposed minor subdivision of property of
Ann Rudin, located at S/E corner of Carrington Road and Vanston
Road, Cutchogue, N. Y. The maps showed four (4) lots. Lot no. 1
contained 25, 000 sq. ft. of area; lot no. 2 contained 20, 000 sq.
ft. of area; lot no. 3 contained 20, 000 sq. ft. of area, all
fronting on Carrington Road. The remainder of the property, on
Vanston Road, was labeled as lot no. 4 and contained 118, OOOsq.
ft. of area. Formal applications and fee of $40. have been
received.
On motion by Mr. Wickham, seconded by Mr. Grebe, it was
RESOLVED that the Southold Town Planning Board grant final
approval to the proposed minor subdivision of Ann Rudin, property
located at S/E corner of Carrington Road and Vanston Road, Nassau
Point, Cutchogue, New York, as shown on map by Van Tuyl & Son,
dated August 6, 1971.
The Chairman signed the final maps.
Vote of the Board: Ayes: - Messrs: Wickham, Moisa , Raynor,
Grebe.
The Planning Board was presented with letter and sketch
received from Alan Guimaraes for the proposed minor subdivision
of the property of Margaret Guimaraes, located off north side of
Main Road, East Marion, New York. After inspecting the sketch
for the division of this property, the Planning Board set the
following requirements for the approval of this minor subdivision:
(1) The final maps must be drawn up by a licensed land surveyor
and submitted in triplicate. (2) Subject maps must show dimensions
and areas of all lots (1, 2, 3, & 4) and names of all adjacent
property owners. (3) The lot lines on lot no. ' s 1, 2, & 3 must
run northerly to the highwater mark of L. I. Sound. (4) A state-
ment must be submitted by Mrs. Guimaraessstating that she agrees
not to further subdivide this property without filing a major
subdivision map. (4) Two copies of formal application and $40..
Southold Town Planning Board -9- August 16, 1971
fee. Letter to be sent to Mrs. Guimaraes advising her that
upon fulfillment of all of the foregoing requirements, final
approval will be granted to this minor subdivision.
The Planning Board reviewed again the original petition of
Frank & Martin Sidor, Wickham Avenue and Peconic Bay Blvd. ,
Mattituck, New York, received from the Town Board, relative to
change of zone from "A" Residential and Agricultural 'District
to "B" Business District- on certain real property situated at
Mattituck,, New York, together with the instructions to prepare
an official report defining the conditions contained therein.
This property is situated at Mattituck, in the Town of
Southold, County of Suffolk, New York, and more particularly
bounded and described as follows:
BEGINNING at a point on the northerly side of Legion
Avenue where Legion Avenue intersects property of New Bethany
Cemetery; running thence North 34033 ' 00" West - 353. 30 feet
to a point at which is located a railroad monument; running
thence North 320 32 ' West - 44. 23 feet to a monument and the
property of L. I. Railroad; running thence along property of
the L. I. Railroad, North 460 43 ' 50" East - 433.82 ' to a
monument and the property now or formerly of J. Fleming;
running thence along property now or formerly of J. Fleming
and property now or formerly of G. P. Bergmann, South 170
58 ' 00" East - 159. 07 feet to a monument and the property
of Irving Wells; running thence along the property of Irving
Wells, two courses; (1) South. 620 33 ' 00" West - 187.46 feet
to a monument, thence (2) South 350 22 ' East - 45.80 feet to
a monument and land now or formerly of William Newalis;
running thence South 620 20' 40" West - 60. 18 feet to a monument
and property of the applicant running thence along property
now or formerly of Newalis, South 350 21 ' 20" East - 145. 66
feet tp a point; thence South 350 16 ' 50" East- 10. 0 feet to
a monument and land now or formerly of Stephen Hamilton;
thence along land now or formerly of Stephen Hamilton; two
courses: (1) Sotzth 590 31 ' 30" West - 70 feet to a monument;
thence South 350 14' 40" East - 150. 03 feet to a monument at
the northerly side of Legion Avenue; running thence along the
northerly side of Legion Avenue, South 590 28 ' 00" West - 74. 17
feet to a monument which is the point or place of beginning.
Containing approximately two (2) acres of land.
Southold Town Planning Board -10- August 16, 1971
Acknowledgement was received from the Bethany Cemetery
Association, the adjacent property on the westerly boundary.
They requested that a 20 ft. buffer zone be placed on the west
end of the property if this change of zone is to be granted.
The Planning Board discussed this proposed change of zone
at some length.
On motion by Mr. Raynor, seconded by Mr. Wickham, it was
RESOLVED that the Southold Town Planning Board recommend
unfavorably to the Southold Town Board the change of zone from
"A" Residential and Agricultural District to "B" Business
District on the above described property.
It is the opinion of the Planning Board that this property
is located too close to the cemetery, it is not well shaped for
a business property, and it does not conform with the Town Master
Plan. It is the feeling of the Planning Board that the present
non-conforming use should be continued as is.
Vote of the Board: Ayes:- Messrs: Wickham, Moisa, Raynor,
Grebe.
The Planning Board was presented with a sketch for the
proposed minor subdivision of the property of Andrew Wenchel
located at S/S Soundview Avenue, Mattituck, N.Y. The sketch
showed a parcel of land containing approximately 40, 000 Sq.
ft. of area - 400 ft. of road frontage on Soundview Avenue
and 10.0 ft. deep. Mr. Wenchel wishes to apply for a minor
subdivision M two (2) lots. The Planning Board will make
a physical inspection of the property and will need a survey
of the property shoeing the exact dimensions.
The Chairman read the determinations of the Suffolk County
Planning Commission on the following proposed change of zone
applications:
(1) Casbor, Inc. , "A" to"B-2"', N/W corner of Westphalia
Road and County Road 27, Mattituck, N.Y. - disapproved
(2) Martin Filla, "A" to "B-2" , S/S Main Road, Cutchogue,
N. Y. - disapproved.
Southold Town Planning Board -11- August 16, 1971
(3) Edward Rolg'uin, "A" to "C" , S/W corner of Middle Road
County Road 27, and Cox Lane, Cutchogue, N.Y. - disapproved
(4) ° Philip Abatelli, "A" to "B" , S/S Main Road, Cutchogue,
approved .
The Chairman read the determination of the Suffolk County
Planning Commission on the proposed "Amendments to. the Zoning
Ordinance and Zoning Map. " They deemed it to be a matter for
local determination and offered the following comments:
The town, however, should give possible consideration to the
discontinuance of the limited number of previously existing
vacant nonresidential districts inconsistent with the Town
Master Plan.
Furthermore, legalizing the presently existing nonconforming
nonresidential uses may establish an unwarranted precedent for
further downzonings of adjacent parcels.
Notice of proposal to 'amend Building Zone Ordinance # 26
of the Town of Southampton was received from Southampton Town
Clerk, Claude Jones. -A public hearing will be held at the
Southampton Town Hall, Southampton, N.Y. on September 7, 1971
at 8: 00 P.M. -
Notice was received from Malcolm Pirnie, Inc. , White Plains,
New York, announcing that Albert H. Stevenson, formerly Assistant
Surgeon General and Chief Engineer., U. S.. Health Service, has
joined the firm as of July 1, 1971.
Discussion was held by the Planning Board on the need for
Town water districts.
On motion by Mr. Grebe, seconded by Mr. Raynor, it was
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Southold Town Planning Board -12- August 16, 1971
RESOLVED that the Southold Town Planning Board send the
following letter to the Southold Town Board:
Southold Town Board
16 South Street
Greenport, New York
Gentlemen:
It has come to the attention of this Board that in several
sections of the Town there seems to be considerable fragmented
interests in establishing water districts. It would seem advisable
at this time that the Town as a whole study this problem rather
than leaving it to isolated areas to work out as suits their whims.
We feel that a unified approach to this problem has a great deal to
commend it.
With,.this thought in mind, the Planning Board would be willing
to undertake an immediate preliminary study of the problem, the
needsp, and benefits of such a system.
We would appreciate hearing from you on this matter.
Very sincerely,
John Wickham, Chairman
Southold Town Planning Board
Each member of the Town Board to receive a carbon copy of
this letter.
Vote of the Board: Ayes - Messrs: Wickham; Moisa, Raynor,
Grebe.
On motion by Mr. Raynor, seconded by Mr. Wickham,. it was
RESOLVED that the minutes of the Southold Town Planning
Board, dated March 4, 1971, be approved as submitted.
Vote of the Board: Ayes: - Messrs: Wickham, Moisa, Raynor,
Grebe.
Southold Town Planning Board -13- August 16, 1971
On motion by Mr. Wickham, seconded by Mr. Moisa, it was
RESOLVED that the minutes of the Southold Town Planning
Board, dated April 20, . 1971, be approved as submitted.
Vote of the Board: Ayes: - Messrs: Wickham, Moisa, Raynor,
Grebe.
On motion by Mr. Grebe, seconded by Mr. Wickham, it was
RESOLVED that the minutes of the Southold Town Planning
Board, dated July 19, 1971, be approved as submitted.
Vote of the Board: Ayes: - Messrs: Wickham, Moisa, Raynor,
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. , Tuesday, September
7, 1971, .at the Town Office, Main Street, Southold, New York.
Vote of the Board: Ayes: - Messrs: Wickham, Moisa, Raynor,
Grebe.
LEGAL DESCRIPTION OF "PETTY'S BIGHT"
Beginning at a point on the northeasterly line of the Old Road
146. 78 feet northwesterly along said northeasterly line from the
Main Road, said point of beginning being the westerly corner of
land of Przepiora; from said point of beginning running along
said northeasterly line of the Old Road, N. 400 24 ' 30" W. -
250. 0 feet; thence along land of Sledjeski, four courses:
(1) N. 490 35 ' 30" E. - 185. 38 feet; thence
(2) N. 7° 49' 20" W. - 925. 25 feet; thence
(3) N. 450 20' 00" W. - 238. 777feet; thence
(4) N. 24' 40' 00" E. - 410. 0 feet to ordinary high water
Southold Town Planning Board -14- August 16, 1971
mark of Long Island Sound; thence along said high water mark as
measured by the following tie lines:
(1) S. 38° 54' 30" E. - 419. 78 feet; thence
(2) S. 48° 41 ' 50" E. - 419. 09 feet; thence along land of
Binzley, three courses:
(1) S. 7° 49' 20" E. - 954. 63 feet; thence
(2) S. 0- 23 ' 50" E. - 250. 14 feet; thence
(3) S. 60 10' 00" W. - 192. 35 feet to the northerly line of
the Main Road; thence along said northerly line, N. 760 06 ' 30" W. -
55. 50 feet; thence along land of O'Kula, three courses:
(1) N. 60 10' 00" E. - 181. 74 feet; thence '
(2) N. 00 23 ' 50" W. - 125. 95 feet; thence
(3) S. 890 36 ' 10" W. - 238.87 feet; thenceaalong said land
of Przepiora, two courses:
(1) N. 14° 14' 00" W. - 78. 53 feet; thence .
(2) S. 550 35 ' 00" W. - 303. 69 feet to the point of beginning.
Containing 19. 72 acres.
The meeting was adjourned at 10: 45 P.M.
Respectfully submitted,
Betty evi le, Secretary
Southold Town Planning Board
ohn Wickham, Chairman