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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; I 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 V L 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; I 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. 0 I 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