HomeMy WebLinkAboutPB-01/11/1966 Southold Town Planning Board.
SOUTHOLD, 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
January 11, 1966
A regular meeting of the Southold Town Planning Board was
held on Tuesday, January 11, 1966, at 7 :30 P.M., at the Town
Office, Main Road, Southold, New York.
There were present: Messrs : John Wickham, Chairman, Henry
Moisa, Alfred Grebe, Archibald Young, William Unkelbach
Also present: Messrs: Otto Van Tuyl, Consultant; Howard
Terry, Building Inspector
The first matter to.-:come before the Planning Board was .
the application of the subdivision to be known as "Cleaves
Point, Section III". Mr. Van Tuyl presented the final maps
to the Board.
THE CHAIRMAN: The record shall show that as noted on the
map the health department requires all lots will be filled to
at least 10 feet elevation.
Now in regard to the question we raised about the interest
of the future lot holders in the beach property, I have a letter
from the Town Attorney.
Southold Town Planning Board -2- January 11, 1966
(The Chairman read the letter from the Town Attorney, and
said letter was placed on file. )
THE CHAIRMAN: I wish to say for the record, the Planning
Board does not wish to require any developer to make dedication.
We never have, we never will, and I am sure that Mr. Tasker knows
this . very well. We have no right to ask for dedication. We have
never said that we do. We will say for their own interest that
the developer take steps to provide for the future because the
Town highway department does require dedication and if you fail
to do this now, you may never be able to dedicate. We do not
require it now, and may never require it. We do say for your
own interest, set this aside. When the attorneys get together,!
they sometimes get things a little twisted. But we do say for ;
the developer's own interest, take pains to make sure he can
dedicate the highways to the Town.
(The Chairman then read another letter from the Town
Attorney. This letter was also placed on file. A declaration
was enclosed with the letter and .Mr. Kaplan stated that this
declaration would be filed simultaneously with the map of
the subdivision. )
THE CHAIRMAN: You are stating that this declaration will
be filed with the map of the subdivision?
MR® KAPLAN: Yes.
THE CHAIRMAN: And that this office will receive an executed
copy?
MR. KAPLAN: If you want, before the filing of the final
map, I can present an executed copy to the Town Attorney,
and he could record the map.
THE CHAIRMAN: I will take your word for it, if you will
say it for the record.
MR. KAPLAN: Yes.
THE CHAIRMAN: This will meet all the requirements. I will
reconveine the hearing at this time.
PUBLIC HEARING: Upon question of approval of the following
plat: Plat of property owned by Dawn Estates Builders Corp. ,
entitled Cleaves Poihtz Section III, at Greenport, consisting
of a parcel of land 12.32 acres, situated near Greenport, in the
Town of Southold, Suffolk County,N®Y. and bounded as follows:
Southold .Town .Planning Board =3- January 11, 1966
BEGINNING at .a point on the westerly line of a 50 foot
private road known as Maple Lane, 390.88 feet southerly along
said westerly line from the southerly line of the Main Road,
from said .point of 'beginning running along said westerly line
of .Maple .Lane, three courses : (1) S. 31degrees 30 minutes .
00 seconds E.- 239.80 feet; thence (2) S. . 36 degrees 30. minutes
00 seconds E.- 300.0 feet; thence :(3) S. 30 degrees. 23 minutes ,
40 seconds E.- 180. 24 feet to the northerly line of 'a proposed
50 foot highway to be known as "Snug Harbor Road", as shown .on
"Map of Cleaves ,Point, . Section ,II", filed in the Suffolk County
ClerkTs . Office as Map. 03521; thence along said northerly line
of "Snug Harbor Road'; S. 56 degrees 37 minutes 10 seconds
W.- 103.40 feet; thence along the northwesterly .line of said
Snug Harbor .Road", S. 19 degrees 30 minutes 00 seconds W.-437.95
feet; thence along the westerly line of said - "Snug Harbor :Road",
S. 33 degrees' 22 minutes 50 seconds E.-10.69 feet; thence along
Lot -36 as shown on said map, S. 56 degrees 37 feet 10 seconds
.W.- 162.0 feet to ordinary high water mark of Gull Pond; thence
along said high water mark, northerly and .then westerly 280
feet more or ,less to land of Ruth Preston and others; thence
along said land of Ruth Preston and others two courses :
(1) N. 21 degrees 24 minutes 20 seconds, W.- 50 feet;- thence
(2): N. 20 degrees 50 minutes 10 seconds, . W. - -389.05 feet; thence
along land of Yuma Corp. , . N. 21 degrees 04 minutes 00 seconds
W. - 496.27 feet; thence along land of- Hawn Estates Shopping
Center on a line parallel to said southerly line of the Main
Road, and 375.0 feet southerly therefrom, N. 66 degrees, 39
minutes, 50 seconds E.- 505.35 feet to the point of beginning.
THE CHAIRMAN: :As far as I can see we are in agreement -with
the Town .Attorney=s letter of -January 10, - 1966, that the declaration
referred to is in order, that .if you will assure us that..an
executed copy of this declaration will be provided to us for
our records and the original filed with the subdivision map,
the Board will be •willing to dispose -of this matter at this
time.
MR, KAPLAN: You have my assurance.
(The Chairman presented Mr. Kaplan .a copy of the
estimate for the performance bond. )
THE CHAIRMAN: ..I am sure that you will recognize that the
bond is set abm what you can expect it to cost.
MR. KAPLAN: Yes . it is. When can we �-dxpect your signature
so that we can file the map?
Southold Town Planning Board -4- January 11, 1966
THE CHAIRMAN: If this matter is approved tonight, as soon
as arrangements for the bond are made with the Town Board.
Actually, the Chairman is authorized to sign this when word
is received that the bond has been posted and accepted.
At this time, is there anyone else present who wishes
to be heard on the matter of this . subdivision to be known as
"Cleaves Point, Section III".
(There was no response. )
THE CHAIRMAN: Hearing none, I will declare the hearing
closed at this time.
Is the Board willing to accept this declaration and the
beach which should cover as fullfilling the park and playground
area?
MR® YOUNG: I dislike it a little, but there is nothing else
we can do. The Town Board sits in the drivers seat. It' s our
job to look out for Southold. We put things to the Town Board
and then they make their own decisions. We can only rely on our
records. I think we are in the process now of changing the
easterly end of Long Island. We should take into consideration
the people who have lived here their entire life and the people
coming here who sneak into their lives. We should adopt some
sort of policy for the protection of the Town of Southold. I
have lived in this section for many years. I don't think
anyone could have any more love for it than I do. Some may have
just as much. I-don=t like to see the progress, but I have
reached the point where I know it can't be stopped. I am
sitting on the Planning Board to try to use my judgement to
preserve these things our forefathers have fought for.
MR. UNKELBACH: I have no comment to make.
On motion by Mr. Grebe, seconded by Mr. Moisa, it was
RESOLVED.- WHEREAS Dawn Estates Builders Corp has petitioned
the Southold Town Planning Board for final approval of their
plat known as "Cleaves Point, Section III", at Greenport, New
York, and;
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Southold Town Planning Board -5- January 11, 1966
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 the "Declaration", and beach area will be
considered adequate for park and playground area provisions,
and;
WHEREAS the signing of the final maps by the Chairman of
the SoutholdTown Planning Board is waived until such time as
a performance bond is posted for the roads and the watermains,
and all other improvements in the subdivision, and said bond
is accepted by the Southold Town Board,
NOW THEREFORE BE IT RESOLVED that the subdivision to
be known as Cleaves Point, Section III, at Greenport, New
York, consisting of 12.32 acres, owned and developed by
Dawn Estates Builders Corp. be approved.
Vote of the Board: Ayes = Mr. Wickham, Mr. Maisa, Mr. Grebe,
Mr. Young and Mr. Unkelbach.
The Southold Town Planning Board received from the Town
Board the original petition of Vail Bros, Inc. , relative to
a change of zone from "A" Residential and Agricultural Disttict
to "B" Business District on property located at Peconic, with
instructions to prepare an official report defining the conditions
described therein. This change of zone is requested for the
expansion of a growing automobile business. This property is
described as follows :
All that certain tractor parcel of land situated at
Peconic, in the Town of Southold, Suffolk County, New York,
and more particularly bounded and described as follows:
BEGINNING at a point on the easterly line of Peconic Lane
which point is 233.0 feet northerly along said easterly line
from the intersection thereof with the northerly line of Main
Road. From said point of beginning running thence along land
now or formerly of Carl E. Vail and Richard T. Vail two
courses as follows : (1) North 58 degrees 51 minutes 20 seconds
East 160.97 feet to a monument; thence (2) South 40 degrees
O1 minutes 30 seconds East 20.0 feet to a monument; thence along
land now or formerly of Stanley Cirach two courses as follows :
d
:Southold Town -Planning Board January 11, 1966
(1) North .48 degrees 39 minutes 30 seconds East 170.0 feet .to i
a monument; thence :'(2) South 40 degrees 01 minutes 30 seconds
East 180.0 feet to a monument --set on the northerly line of
.Main Road; running thence .along land now or formerly of Gozelski
North 30 degrees 00 minutes West 310 feet; thence south 58 degrees
51 minutes 20 seconds west 361 .feet, more or less, to said
easterly line of . Peconic Lane; thence along siad easterly line
of . Peconic Lane South 30 degrees 00 minutes East 150.0 feet
to a monument and the point or place of beginning.
Mr. Carl Vail appeared before the Board to briefly
discuss the change of zone .application of Vail Bros. , Inc.
On motion by Mr. Moisa, seconded by Mr. . Young, it was
RESOLVED that the SoutholdTown .Planning Board favorably
recommend to the Southold Town Board the change of zone from
. "A" Residential and .Agricultu.ral _District to "B" Business
District on the property of Vail Bros. , Inc. as described
above.
The Planning Board. points out at the time that there may
be some traffic problems with the police department across
the street and some problem with access onto this highway.
Vote of the Board; Ayes: - Mr. Wickham, Mr. Moisa, Mr. .Grebe,
Mr. Young, and Mr. Unkelbach.
Mr. Morgan and .Mr. . Sturm appeared .before the Board- in
regard to -Eastern Shores at -Greenport, . Section .IV. The
Chairman suggested a -change in the road, Sound Drive. There
was some question of having a very real problem to get around
Inlet Pond to the next section of this subdivision, with the
present location of Sound Drive. The Chairman -advised that
once the subdivision map is filed there may some problem .
to change it. Mr. . Strum stated that they had plans for access
into thg(next section, however, he did not wish to reveal these
plans at this time.
There wa4considerable discussion held on -the matter of the
possibility of changing the map and grad6scat a latter date,.and
what process would have to be followed to change it. The
Chairman advised that the Town Attorney would have to be
consulted to see just what is involved in changing a map after;
is is filed.
Southold Town`.Planriing "Board —7 •January ll,, '1966 r
OTTO VAN TUYL:- Could you set a date fora hearing on this?
.I. am sure we- could have the necessary signatures before 'the 'time
of :the hearing.
MR. STURM: We would like to have a final hearing.
THE'CHAIRMAN: You don't anticipate any problems with the
County Board of Health,
OTTO VAN TUYL: There is cityvtater there.
.VR. YOUNG: I think it wo%ld be -in our favor before we proceed
to have the Chairman take this matter up .with the Town 'Attorney
and get his okay on it to see whether or not we are proceeding
right or wrong.
MR., STURM: There are other plans in the fire that will take
care of this oso there will be no problems.
I have a letter- here from the Mayor of Greenport in regard
to the water.
(The Chairman read the following letter) :
"Mr. Frank- Sturms, Vice'President,.. H J:S Land & Development
Corp.:. Greenport v. New York, January 5 t' 1966z
"Re;- Easternv: Section IV,, Dear Mr. Sturm:
"I understand you are in need of a letter of intent on the
part of the Village to furnish public 'water' supply for .Section 4.
"Please .be assured, the Village will supply .water for this
section in accordancevdth the terms and conditions with which
you are fully familiars, being the same as affect the previous
sections serviced.
"Very truly yours:.. /s/ Arthur`Levineg, Mayor"
MR.- STURM: In .regard to the water,.. .we have issued a contract
to' Saxton Construction for the installation of the water- mains in
two phases. One phase has been completed. This phase was
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Southold Town Planning Board -8- ,January 11, 1966
completed about two .weeks ago, The second phase will be , started
in March. . I. have here vdi.th me the. contract. I wonder if it=s
possible to waive the bonding on the water since thisuill be
installed in March?
THE CHAIRMAN: We will be -meeting ,with the Town Board on
tomorrow night, We will discuss it with them at this time;
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On motion by Mr. Unkelbachi seconded by Mr,_ Grebe... it was
RESOLVED that the Southold Town' Planning Board set the
,next regular meeting as the time for a public hearing upon
the question of approval of the following plat:.
Plat of property owned by H.J.S; Land &' Development Corp.ja.
entitled "Easter Shores at Greenport,, Section IV & located at
Greenport:z consisting of a parcel of land 12 acres more or less....
situated at Greenport,*, in the Toun of Southold,. Suffolk= County*,
New York:, andlaounded and described as follows:
BEGINNING at a point at the ordinary high water mark of
Long Island Sound .marking; d-isk-ision of lands of F.-H.-S. Land &
Development' Corp, and H J,S. Land &Development Corp; running
thence �:anortherly and then easterly along said ordinary high
water mark- of=Long Island Sound 2045 feet.., more or less.. to
land now or : ,formerly of Burt; running thence southerly along
said land of Burt a distance of 320 feet... more or less; running
thence through land of H J.S .Land & Developement Corp, a
distance of 450 feet to Sound Drive as shown on Map of 'Eastern
Shores at Greenport,,.= Section- II; running thence northerly 50 -
feet,,.. southwesterly 460 feet,*mere or less thence southerly 50
feet,*,- more or less.,*, to the southwesterly. corner of Sound Drive
as shown on said map; running .thence southerly a distance of
206 feet along thevesterly line of Map of- Eastern'Shores 'at
Greenporti Section IIR to land now or formerly of Speeches;
running thence along said land now or formerly of=Speeches
and land now or formerly of Morrison in a westerly direction
a distance of 500 feetx,-more or less:,. to a concrete monument;
running thence along said land now or formerly of Morrison in
a southerly direction a distance of 275 feet*, more or less to
land of F.H.S. Land & Development' Corp; running thence along
said land of F.H.S. Land and Developoisnt Corp. in a westerly
direction a distance of 500 feet,*, more or less,. to the point
or place of beginning,
Southold Town Planning `Board -9- January 11i 1966
THE CHAIRMAN:. Is there any discussion?
MR. YOUNG: Before we give final approval on this the Chair-
man should discuss this with the Town Board so that we will have
something for our files to show that this came before us.- This
is the first case we have had like this. We should set -some sort
of precedent for us or the next Planning Board.
THE CHAIRMAN: Would you Bke to suggest that particular
attention be gbr-en to this problem at the hearing?
MR. YOUNG: Yes.
THE CHAIRMAN: The hearing on Easteih' Shoress: Section IVa,
will beset subject to a determination from the Town'Attorney
on the possible change of grade onSound Drive at its westerly
extremity.
Vote of. the Board: Ayes: -Mr. Wickham, Mr. Moisa,,. Mr. Grebei,
Mr. Young;,, 'Mr. Unkelbach.
William'Wickhamt. Esq. appeared before the' Board with as
preliminary plan of a subdivision for' Casbora. Incj property
Located -at Mattituck. The property in question is part ofthe
McNulty farm. The total area of the property is 26„223 acres.
and will contain 46 lots. Mr. Wickham stated that no turn-
arounds were shown on the' map however.. this could be worked
out if 'a turnaround is required„ Mr. Unkelbach advised that
a turnaroundv;oi'xld be required at '`the;',road ends. Mr.'-Wickham
also pointed out that there were `tWo- lots with less than
100 feet frontage. The Chairman poxhted out that the Board
does not grant approval of a subdi-tision when the developer
tries to get the very maximum number. of lots out of a parcel
of land. The Chairman also advise& it might be wise to
provide a road and turnaround on the easterly side of the
property.
Mr; Wickham advised that there was a 40 -foot right-of--
way which lead to the water front. The right-of-way had been
granted by the Board of Appeals. The Chairman advised that
the Board would like to go out and inspect this property
before they make any. decision.
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Southold Town Planning Board -10- January 11,,. 1966
Mr. Bleeker appeared before the Board with a preliminary
plan of a. subdivision to be known. as' "Willow- Point"'., located
at' Arshamomquer. in the Town of= Southold. This parcel of land
is approximately 21 acres and will contain 31 lots.
Mr. Bleeker stated.that they had to .revise the -plan., for
the subdivision in- view of the fact that .when the .Health
Department made their inspection they found clay conditions.
A proposed man made canal -is shown on the preliminary :
map of the subdivision. The Chairman advised that approval
is required for any manrrade canal. The' Chairman stated that
the fact that the canal is ' shown on the preliminary map should
be sufficient for a request for approval of the canal.
The' Chairman then inquired-about the 30 foot- right-of-way
shown on the map. Mr. Bleeker stated that his, company owned.
the right-of-ways however,,. the people that lived on it had the
right to use it. Mr. Unkelbach stated that if this right-of-
way was to be widened to 50 feet that. the pople ,living on the'.
right-of-way would have to relinquish their claim. The Chairman
advised Mr. .Bleeker than the Town Board would require the
dedication of at least 100 feet 'of waterfront before taking
over the roads.
The Chairman pointed out to Mr. Bleeker the many disadvantages��s
of maintain#g private roads. The' Chairman also .strongly:advised
Mr. Bleeker that he should .make provisions now for possible
dedication at some future date.
Again there was discussion on the 30 foot right-of-sway
and the possible widening of this right-of-way to make it a
public road. It was stated that-Mr. Perkinson,, a property
owner, on this right-of-way was opposed to having the right--
of way made a public" road.
THE CHAIRMAN: We usually work- out the requirements._ We
canzt require that you set aside 100 feet for dedication. - We
wonzt ..say that you have to do it. We canzt specify what the
Town Board wants. In view of our experiences.,, dedication makes
sence,, and will save you money. Just howwe are going to work
this out,,. I don;t know. You are going to have to meet our
requirements for -park-;,and playground. This entails alot of
discussions but we believe in being cautious.
Southold Town Planning.' Board -11- January ll.. 1966
NR*O UNKELBACH: Who takes care of the right-of-way?
NRO' BLEEKER: Mr.- Perkinson put the. right-of way in and
maintains it. ,
THE 'CHAIRMAN: .(pointing to the map) There is no great
hardship here. You couldzun :the road on this side of'that
house and make another tier' of lots.
MR. BLEEKER: What if we were to keep the roads under
- private :control?
THE'CHAIRMAN: Then we would 'say that: you will have to
meet- our -park and playground requirements. We will require
at least a certain rdationship between the number of' lots
and the amount of area.
It was pointed out that the park- and playground area
would be :for public use.- An unidentified speaker stated that
he thought that having to dedicate beach front tends. to
depreciate the value of the property. The- Chairman stated
that this procedure has been .followed for 50' or 60 years and'
has not hurt- the' Town of Southold. The' Chairman pointed out
that- in some other towns its's .impossible to even get to the .
waterfront because everything is privately owned.
The possibility of changing the road -in the subdivision
so that- the- 30 foot- right-of-way would be avoided was discussed.
The Chairman stated that the* Planning :Boarduould inspect 'this
property and-look- the- ,whole situation over.
- R. TERRY, ES¢. ;(Attorney for.Mr. Bleeker): I .wasn=t here
at first. What about the reat of this layouts.. is it okay?
THE' CHAIRMAN: We require that man made canals-:be approved
before any -work "is commenced. The fact that the- canal is .shown
on. the map is adequate for a request for approval.
The Chairman stated once again that the' Planning Board Vill
look further into this matter. He advised Mr. Bleeker that he
should look-:into the legal aspects concerning the -30 .foot right-
of--way, and see .if it would be possible to widened the right-
of way to 50 feet.
Southold Town' Planning Board -12- January 11, 1966
The' Planning Board held a discussion with Raymond Dean,.
- Superintendent of Highways,, in regard .to certain highway
specifications for new roads.
On motion by Mr. Unkelbach,, seconded by Mr. Moisa,it was
RESOLVED that the minutes of the' Southold Town Planning
Board dated December 15r. 1965r, be approved as submitted.
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-on Tuesday,. February 15, ,.:,k966,. at the Town Officer,
Main' Road,- Southold, New' York,. at. 7:3 0' P.M.',.
On motion by-Mr. Moisa,, seconded by Mr. Wickham,. it was
RESOLVED that'Lawrence, Tuthill, professional engineer, be
authorized to make an estimate for a performance bond .for the
completion of the roads -and -water mains in the subdivision to
be known as "Eastern' Shores at Greenport,- Section IV". There
shall-be--- a total for the completion of the roads, .and a total
for the water' mains, and the grand total.
Vote of the Board: Ayes:- Mr. Wickham, Mr. Moisa, Mr. Grebe,
Mr. Young,, Mr. Unkelbach.
The meeting was adjourned at 10: 00 P.M.
Respectfully submittedr
Barbara C.- Dittmann,- Secretary
JOHN "WICKHAM,- CHAIRMAN