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HomeMy WebLinkAboutPB-08/02/1966 Southold Town Planning Board O �O� S O UTH O LD, L. I., N. Y. PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe Archibald Young William Unkelbach - MINUT' E 'S SOUTHOLD TOWN PLANNING BOARD August 2, 1966 A regular meeting of the Southold Town Planning Bdfd was held at 7:30 P.M. ®. Tuesday, August 2, 1966, at the Town Office, Main Road, Southold, New York. Tire were present: Messrs: John Wickham, Chairman; Henry Moisa,- Alfred Grebe. Absent: Messrs:' William Unkelbach, Archibald Young, due to illness. - Also present: Messrs: Otto Van Tuy1D. Consultant; Howard Terry, Building Inspector. The Southold Town Planning Board received from theTown Board the original petition of Harold Reese-. 855 Sunrise Highway,Lynbrook, New York , relative to a change of zone from "A" Residential and Agricultural District to "B" Business District on certain real property situated .at-- Southold,. in the Town of Southold, Sufffolk' Coutny, New York, and more particularly bounded and described as follows: -BEGINNING at a point on the southerly line of the Main Road, 145.82 feet westerly along said southerly line from "Dolphin Drive", said point of .beginning .being the northwesterly corner of lot 14, as shown on• "Map of- Southol d Shores",, filed in Suffdk County Clerk's Office as map #3853; from said point-. of beginning running along said lot 14, S. 13' 153 00" E.-55.11 feet; thence along a proposed canalas shown on said map, two courses; (1) S. 76° 45 ' 00" W.-40.0 feet; thence ..(2) S. 130 15' 00" E.- 700 feet, Southold Town Planning Board -2- August 2, 1966 more or less, to ordinary high war mark of Peconic Bay,. thence, westerly along said high. water mark,, 250 feet.more, or less, to land of Sledjeski,, thence along said land of -' Sledj,ski, N. 13° 152 00?' W..-630 feet-.more or less, to said southerly line of the Main.Road;, thence along said southerly line,, ;(I) N. 690 07' 20" E..-151. 91 feet; thence ;(2) N. 51' 37' 20" E.-154.01 feet to .the point of beginning. The Board.viewed the subdivision map of- Southold Shores. Mr.- G. Nickles was present to speak for the change of zone. He advised the Board that Mr. Reese had once talked about putting a marina and restaurant at tYbs location. The Chairman advised that the fresh water situation in this area is very critical. The Chairman further advised that- he would like to look at this property and he would also like to know exactly what the applicant intends to do with the property. Mr. and Mrs., Charles J. Kanka appeared before the Board in regard to dredging in Eugene's 'Creek. They had submitted an application to dredge to the Board of' Trustees. They proposed to dredge a canal 25 feet wide and 75' feet long. The Chairman advised' of the fresh water situation in , the Town°.of= Southold,. and advised the applicants that the .Board would like to look over this situation and they would be able to give them a decision . in a couple of weeks. - Mr.- Alvah Goldsmith,. Chairman of the Board of' Trustees was also present for the discussion of the Kanka application. The Planning Board, Mr. Lundberg, Robert-W.. .Tasker,. Esq. , and.Alvah Goldsmith again took up discussion on -the dredging and filling in done by Mr. William Victoria at Bayview in Southold. The Chairman briefly outlined what .the situation was. The ' Chairman also advised Mr. Lundberg that the Board of Trustees had warned Mr.- Victoria in 'the early stages of his work that he was breaking the law and that he needed to obtain a permit for the work he was doing from the Town Trustees. , The Chairman further nam advised Mr. Lundberg that according to the Town Trustees,. Mr. Victoria refused to obtain a permit and refused to cease the work- he was doing. Southold Town Planning Board -3- August 2. 1966 ARTHUR' LUNDBERG., ESQ.': I don't know anything about 'my client getting a warning from the Trustees. That= stream was filled up by the county. THE-CHAIRMAN: You can not:niake a man made canal and bring salt water in. ARTHUR LUNDBERG'*; ESQ:: They reopened this canal. THE CHAIRMAN: That-makes no diffeeence. You may not w den, or. deepen a stream. . We are here to lay our cards on the table and we have Mr.-Tasker here for advise. ARTHUR LUNDBERG,; ESQ,: So much money has been spent and nothing -was done to stop him from doing all this dredging. HOWARD -TERRY: The point is he took this fill out of. this canal and built it up on Town pjcperty. The trustees tried to stop him ,when they first]mew about it. ARTHUR LUNDBERG8ESQ : I didn't know about that. ALVAH GOLDSMITH: We had had a complaint. - So' :about five zx* o'clock in the afternoon I went down there. . I was astonished in the amount of fill put in the creek. I got.,ahold of Mr. Latham and told him to stop it. I told him you- don't fill Town property without= a permit. - I told Bj11 Victoria the same thing. He said he was trying to get xR rid of the mud. I told Bill he was building up land that: did not belong to himm I told him he was making a mistake. He said he would get his lawyer,,, he has a right to do it. The Trusties went down, as a group and told him not- to do this. ARTHUR LUNDBERGFESQ:-: Bill told me that `they put this dfedge xx on top of the land and they didn't level itoff. He claims it was on his land. THE' CHA3RMAN: We can not let Mr. Victoria get xxx away with this. JUM -ARTHUR LUNDBERG�,„ESQ ': What-will you do? THE CHAIRMAN: If,we have to have a law suit we will. Southold Town Planning Board -4- August 2,, 1966 THE CHAIRMAN: As far as we are concerned we have a stronger case in some ways. . We can say to him... take it out ' of th e creek arld put. it back in thecanal'. This would be extreme, :,abut we could do it. ARTHUR LUNDBERG,ESQ. : I don't say that my client is right. He has done something that- has cost him alot of money. If we cold make some kind of compromise,. I could approach Bill with that. ALVAH GOLDSMITH: The only way the Board of Trustees-will be satisfied is to dredge that right back- to the point of beginning. Solutions to the problem of: the dredging done by Mr. Victoria was discussed at some lenght. Subsequently the Planning Board discussed. the situation with Town' Counsel, Robert Tasker. The Chairman advised Mr. Tasker that he should advise Mr. Lundberg of the following: That-.'the Board will require that- Mr. ,Victoria restore the creek and the land to where it was when' the' County finished dredging. Mr. Victoria also shall be required to remove what has accummulated in front- of Koke's property. The final approval of this will be either up to the Town Trustees or an engineer appointed by the Town of' Southold. On motion by Mr* Moisa, seconded by Mr. Grebe,: it was RESOLVED that the minutes -of. the Southold Towri Planning Board dated July 12,, 1966,, be approved as submitted. Vote of the Board: Ayes:- Mr. Wick1jam,, Mr. Moisa, Mr. Grebe. The next= regular meeting of the'- Southold TownPlanning Board will be held at Fishers Island on August. 23.s, 1966. The meeting was adjourned at' 9:30 PM Respectfully submitted, Barbara C. Dittmann,.. Secretary L Southold Town Planning Board OHN WICKHAMs, CHAIRMAN