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HomeMy WebLinkAboutPB-02/21/1961 o T Southold Town Planning Board S0UTH0LD, L. I., N. Y. PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe Archibald Young William Unkelbach M I N U T'E 'S SOUTHOLD �TOWN PLANNING BOARD February 21, 1961 A regular meeting of the Southold Town Planning Board was held 7:30 P.M. , Tuesday, February 21, 1961 at the Town- Clerk Office, Main Roade Southold, New York. There were present: Messrs. John Wickham, Chairman, Henry Moi;sa,, - Alfred Grebe, Archibald Young and William Unkelbach. Also present: Messrs. Otto -W.. Van Tuyl, Counsultant, Howard. M. Terry, Building Inspector, Lawrence Tuthill. .Mr. Albert F. .. Martin and Mr. Harold E.- Worley, accompanied by their -attorney Lefferts 'Edson, appeared before the Planning Board for a discussion relative to the development of property they purchased from Henry Jennings. (Mr. Jennings was also present so that he may answer any questions the Board might have..) This property is located on the west side of Hortons Lane, . Southold, and .contains 6.073 -acres. A pre-tentative plan submitted by Mr. Edson contains eleven (11) lots, each having 20,000 sq. ft. or more and a road dividing the lots ending in a 100 ft. turn-around. It was the feeling of the Southold' Town' Planning -Board -2- February 21, 1961 Board that the Superintendent of Highways would not look favor- ably upon this layout with a road endipg in a turn-around, since there would be a problem with snow removal. It was agreed by all concerned that the matter should .be tabled until the next -Planning Board meeting and in the meantime Mr. Edson and Mr. .Wickham will speak to Mr. Price relative to the road layout. There is a possibility this proposed development may be able to tie their road in with the proposed development of. land of Clement Booth to the north, thus eliminating the turn-around. Messrs. Graemlich appeared before the Planning Board for a preliminary discussion relative to property purchased by Greenway Realty Corporation at or Point. This property -was the former C. . C. Ryder farm on the north side of State Road. The preliminary plan calls for approximately 53 lots, all over 20,000 sq. ft. , which would include some land ,.of -orville Terry, . if Mr. Terry agrees to sell to the Graemlichs. Mr. Terry and Mr. Irving Latham adjoin- ing property owners of the parcel in question were present at -this discussion. They wish to purchase land from Mr. Terry near the State Road so that they may have a 50 ft. road off the State Road with lots on either side of it, as the Town does not approve of a road running `on a boundary line. They propose to have two roads running through the center of the development leading up to a road running parallel to the Sound with one row of lots on the Sound front. Mr. Graemlich pointed out that they plan to develop this property in three sections. The Board discussed a 100 ft. road terminating -at the waterfront, performance bond, if they are going to file in sections. After considerable discussion they were advised their next step would be to have their attorney prepare an application for tentative dedication. of highways to the Town of Southold before they can file the first section of- the proposed subdivision.- Mr. J. Parker Wickham of the Mattituck Airport appeared at the invitation of the 'Planning Board to discuss the proposed location of a Suffolk- County-'Airport in. Southold Town. Mr. Young stated that he had also invited Mr. Charles Rose,-owner of the airstrip at Orient, but -Mr. Rose is in the hospital. Mr. Howard Terry had prepared a blow-up of the tax map showing the probable location of the airstrip on the proposed airport site. After a thorough discussion of the possibility of other ,.sites, on motion of .-Mr. Moisa, seconded by Mr. Unkelbach: Southold Town Planning Board -3- February 21, . 1961 WHEREAS the Town of Southold is in great need of a modern airport and the cost is prohibitive for the Town to undertake themselves, and WHEREAS Suffolk County has suggested an airport location north of the Main Road and between Elijah Lane> and Alvah Lane, but the Planning Board is of the opinion there are two other possibilities which might be better, namely north of -Oregon Road .and west of Depot Lane on Nematode land, or north and west -of Bergen Avenue near the Town line, now therefore be it RESOLVED that the Southold Town Planning Board is in favor of going into the County Airport System. It is further RESOLVED that- the -Planning Board is anxious to see the interests of J. Parker "Wickham, owner of the present .Mattituck-Airport, protected inasmuch as the proposed County airport .location calls for the elimination of Mr. . Wickham=s enterprise. Vote of the Board: Ayes:- Mr. Wickham, . Mr.. Moisa, Mr. Grebe, . Mr. Young.a, .and Mr. Unkelbach. Mr. Van Tuyl stated that he would bring to the next meeting geological sheets showing land contours of the areas discussed for possible airport sites. In the meantime, on motion of Mr. Unkelbach, and secazded by 'Mr. Moisa, it was RESOLVED that a letter be forwarded to the Town Board suggesting that the Town take advantage of facilities of the State of New York for making tentative surveys of areas for airport sites and the 'Planning Board itself forward a letter to the Department of Commerce, - State of New York, Albany, attention Mr. Claude B. Friday, stating that we have been informed that the Department of 'Commerce has facilities for making tentative surveys and asking that they reply to our letter in the near future advising if such facilities are available. Vote of the Board: Ayes:- Mr. Wickham, Mr. Moisa, .Mr. Grebe, .Mr. Young, and Mr. Unkelbach. A letter was received from Stanley .Sledzieski and Helen Sledzieski with relation to approval of a proposed Town highway near Mattituck . said highway to- run from the present easterly Southold Town Planning Board -47 February 21, 1961 terminus of Ruth Road to Luther's Road (also known as Breakwater Road) . Mr. and Mrs. Sledzieski agree that if the Planning Board approves said proposed Town highway all parcels situate on the south side thereof which they may hereafter sell or convey will have a minimum area of 20,000 sq. ft. As, a result of this letter, on motion of :Mr. Grebe, and seconded by Mr. Young it was RESOLVED that the. Planning Board hereby approves the proposed continuation of Ruth Road owned by' Stanley Sledzieski and Helen Sledzieski ai8 shown on Survey of Proposed Road by -Alden�W. Young dated May 17r 1956, with the understanding by mr. and Mrs. Sledzieski that all lots on the south side of the proposed road which they may hereafter sell or convey will have a minimum area of 20,000 sq. ft. Vote of the Board: Ayes:- Mr. Wickham, .Mr. Moisa, . Mr. Grebe,. Mr. Young,. and Mr.. Unkelbach. The Planning Board received a letter from .the Town Board transmitting the petitions of Procan, Inc. , William Baxter and Martin Filla for a change of zone from "A" Residential and Agricultural District to- "B" Business 'District. However, this request leaves a 60 ft. section .zoned "A" Residential and Agricultural and therefore it is the opinion of the Town Board to zone all of this property "B" Business on the Town Board's own motion: The Planning Board had favorably recommended the change from ."A" to "B" on the William J. Baxter and Procan,. Inc. petition sometime ago but -it had been held in abeyance pending the application of Martin Filla who owns adjoining property. It was at the time of the Filla application that the 60 ft. strip , was discovered. This strip, held in the name of McManus, is part of an estate, to which a trustee has not been appointed, therefore it is not possible to obtain a petition requesting a change of zone on it. On motion of 'Mr. Moisa, seconded, by Mr. Grebe, it was RESOLVED that the Planning Board recommend that the Town Board on itslown motion change from "A" Residential and Agri- cultural District to "B" Business District the property of Martin Filla, .William J. Baxter and.Procan, Inc. , and John J. McManus, as shown on map drawn January 4, . 1961 by -Otto W. Van Tuyl & Son and bounded and described .as follows: Beginning at the intersection of the. northerly line of Main .Road with the Southold Town Planning Board -5- February 21, 1961 westerly line of Elijah's Lane and running thence northerly along said westerly line of Elijah's Lane 495 feet, more or less: to land of Maston; thence westerly along the southerly line of said land of Maston and its extension 474 feet, more or less, to land of Boleslaw Kruk; thence southerly along said land of Boleslaw Kruk, 263 feet, more or less, to the northerly line of Main Road; thence easterly along said northerly line of Main Road 557 feet, more or less, to the point of beginning. Members of the Planning Board have visited the site and are of the opinion that the project proposed by William J. Baxter and Procan, Inc. will greatly benefit the community, as well as provide jobs for the local residents. With relation to the Filla property , Mr.. Martin Filla has a large potato 'storage building and facilities for grading and marketing potatoes and a "B" Business District would be particularly suitable. The small 60 ft. -front parcel in the name of McManus should also be included in this change of zone so that the entire area would be included in the "B" Business District. Vote of the Board: Ayes:- Mr. Wickham, Mr. Moisa, Mr. Grebe, Mr. Young, and Mr. Unkelbach. The Planning Board received a letter from the Town Board transmitting - the original petition of George Alec relative to a change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District on certain property situated at Cutchogue, and bounded and described as follows: Beginning at the southwesterly corner of land of the applicant on the north- erly line of the Main (State) Road and running thence along the land of Begensk-i Estate four courses as follows: (1) N. 240 00' 30" W. 142. 07 feet; thence (2) N. 260 251 50" W. 492.38 feet; thence (3) N. 250 54' 30" W. 1018.64 feet; thence. (4) N. 250 40' 00" W. 246 feet; thence along other land of applicant N. 680 29' 30" E. 383. 03 feet to the northwesterly corner of land of John Doroski Estate; thence along last described land, S. 270 52' 20" E. 1457. 08 feet; thence along other lands of the applicant, S. 240 34' loll E. 310.89 feet; thence along land of Conrad Alec X. 280 58' 00" E. 140 feet to the norterly line of said Main (State) Road; thence along the said line of :Main (State) Road two courses as follows: (1) S. 590 59: 20" W. 206.33 feet, thence (2) S. 720 27' 40" W. . 230. 02 feet to the point of beginning. Containing 18. 2 acres more or less . Southold Town Planning Board -6- February 21, 1961 Mr. Alec had been denied a change of zone from "A" Resi- dential and Agricultural District to "C" Industrial District by the Town Board on the same property in October of 1960. On motion of Mr. Unkelbach, seconded by Mr. Young, and carried, it was RESOLVED that the Planning Board recommend to the Town Board this change of zone from "A" Residential and Agricultural District to "M" Multiple Residence District. Map by Otto W. Van Tuyl & Son, dated January 31, 1961. The Board is of the opinion that since this property is Wooded and' has good natural drainage and plenty of area with room for expansion, if necessary, it is considered to be an excellent location for a trailer park or similar use which is greatly nedded in the Town of Southold. Furthermore, it is located a good distance from the Village of Cutchogue. Vote of the Board: Ayes:- Mr.. Wickham, Mr. Moisa, Mr. Grebe, Mr. Young, and Mr. Unkelbach. A reply was received to the Planning Board's letter of February 6, 1961 to Robert W. Tasker, Town`Attorney, relative to an article which appeared in the New York Times pertaining to the ability of towns to collect cash payments from real estate developers to erect new parks elsewhere in a town, if the new developments do not have satisfactory park areas. State Supreme Court Justice Hugh S. Coyle declared this law, which was adopted two years ago by the legislature, to be unconstitutional. The Planning Board requested Mr. Tasker=s interpretation of this court decision as to whether or not it would apply to the Rules and Regulations for the Subdivision of Land of the Town of Southold. They also. wished to know whether there is a distinction made if a subdivision is within or outside of a park district. In reply to the Planning Board's letter Mr. Tasker forwarded a copy of the decision in this case which is Gulest Associates, Inc. v. Town of Newburgh, et. al. , and stated that he is of the opinion that the provisions of the Rules and Regulations for the Southold Town Planning. Board which require a subdivider to pay money into the Town Playground and Park Fund, are contrary to the decision in the Newburgh case and therefore such rules and regulations are invalid. He pointed out, however, that the Southold Town Planning Board -7- February 21, 1961 Newburgh case Belt only with .the provision of- Section 277 of the Tovaz Law which authorizes a town to require a developer to pay funds to the .town for park purposes as a condition to the approval of a subdivision map. The Planning Board, in his opinion, still has the authority to require a plat show, in proper cases, a park for playground and other purposes. Mr. Lawrence Tuthill, . Greenport, New York, a Professional Engineer, attended this meeting and advised the Board that he would be willing to undertake the Board's offer of a position as engineer to figure estimates for performance bonds, on a fee basis. The Board stated that they would be willing to employ him on that basis. Mr. Van Tuyl presented to the Board the three cloth prints of Hickory Acres, Section One at-Cutchogue, and stated that everything is in order for a public hearing. The roads, . Lupen Drive and Billard Road have been paved pursuant to Highway Specifications of the Town of .Southold, . and the Highway -Super- intendent is in the process of making a report on his field inspection of proposed subdivision. . A list of all improvements and construction items, also an estimate of the cost of constructinn is not required. On motion of Mr. Young, seconded by Mr. Grebe, it was RESOLVED that public hearing upon the final approval of Hickory Acres, - Section One, be set for 7:30 P.M. , .Wednesday, March 15, 1961, at the Town Clerk Office, . Main Road, Southold, New York, and legal notice of saidhearing be published in the official newspaper as follows: Plat of property owned by Flora- S. Luce and George 'L. Penny, III, entitled Hickory Acres,- Section One, consisting of a parcel of land of approximately 5.76 acres, situated at - Cutchogue, in the Town of Southold, . Suffolk County, New York, generally bounded and described as follows: beginning .at a monument on the easterly line of Bay 'Avenue at the northwesterly -corner of land of Alden and the southwesterly corner of land of the applicant; running thence along the easterly line of Bay Avenue north 12 degrees 35' 50" m east 300 feet to a monuent; thence along land of Stoutenburgh north 80 degrees 12' 50" east 566.38 feet to a monument; thence along other land of' the appli- cant three courses, as follows: (1) south 17 degrees 58' 40" Southold Town Planning Board -8- February 21, 1961 east .151.55 feet; thence (2) north 80 degrees 122 50" east 52.61 feet; thence (3) south 26 degrees. 46' 10" east 318477 feet to the northerly line of Pine Tree Road; thence along the northerly line of 'Pine Tree Road south 63 degrees 13: 50" west 50 feet; thence along other land of the applicant three courses, as follows: (1) north 26 degrees 461 10" west 150 feet; thence (2) south 63 degrees 13 9'. 50" west 110 feet; thence (3) south 77 ' degrees 16' 10" west 309. 23 . feet to a monument at the northeasterly corner of land of Bourguignon; thence along land of Bourguignon and land of 'Alden north 84 degrees O1= - 1011TAest 355.65 feet- to the point of beginning. Vote of the Board: Ayes:-' Mr. Wickham, Mr. Moisa, -Mr. Grebe, Mr. Young, and Mr. Unkelbach. The next meeting of the Southold .Town Planning Board will be held 7:30 P.M. , Wednesday, .March 15,, 1961 at the Town Clerk Office, Main Road, Southold, New York. Mr. Van Tuyl presented the three cloth prints * of Hilton Heights to the Board. Since the roads have not. been constructed, `a performance bond will be required. Mr. Van Tuyl had a copy of the list of improvements and construction items and an estimate cost of construction supplied by Mr. Epp, . the developer. These figures were turned over to Mr. Lawrence Tuthill to check for the Planning Board before a date for a public hearing can be set. The Board also wished a letter forwarded to Mr. Tuthill directing him to begin his check on these figures. Mr. John Wickham submitted to the Board a map dated 1956 ofthe George H. Fleet -.Estate, Cutchogue, fora preliminary discussion relative to building additional highways. It was the decision of the- Board that a formal application must be submitted before tentative approval can be .given. The minutes of the meeting of .January 31, 1961, on motion of Mr. Young, seconded by 'Mr. Moisa, . and carried, were approved as submitted. Vote of the Board: 2res:- Mr. . Wickham, Mr. Moisa, Mr. Grebe, Mr. Young, and Mr. Unkelbach. ..Meeting adjourned at 11:30 P.M. Respectfully submitted, �. Judith T. Boken, - Secretary John .Wickham, Chairman