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HomeMy WebLinkAboutPB-07/12/1966 w Southold Town Planning Board SOUTHOLD, L. I., N. Y. PLANNING BOARD MEMBERS John Wickham, Chairman e Henry Moisa Alfred Grebe Archibald Young William Unkelbach MINUTE 'S SOUTHOLD TOWN- PLANNING BOARD July 12, 1966 A regular meeting of the Southold Town Planning Board was held at- 7:30 P.M.�(E.D.S.T. ).,, Tuesday.,, July l2, 1966, at the Town Office:. Main Roads- Southold,. New York,, There were present: Messrs: John Wickham,,- Chairman, Henry Moisa,, Alfred Grebe. . Absent: Mx.- Archibald Young and Mr.. William Unkelbach,, due to illness. Also present: Howard Terry,: Building Inspector,; Otto Van Tuyl.,- Consultant. THE CHAIRMAN: I will call the meeting to order at this time. First I would like to say that our meetings are open . meetings and.we try to transact any and all business that is in the interest of the Townof 'Southold. . We are here as citizens interested only, I hope„ in the welfare of the Town of Southold. Some of use have pretty strong opinions. They are founded on what we believe is in the best interest of the Town of Southold. Now.,, where do we start. MRS, VICTORIA: What is the complaint? The Chairman read aloud the new amendment to the Rules and Regulations for the Subdivision of Land,,concerning man-made corals - Sodhold Town Planning Board -.2- July 12., 1966 THE' CHAIRNlAN: Youn don't have approval of' the Planning Board.- My understanding is that you did not get the approval) from .the Town Trustees. They have jurisdiction over this. We.t the Planning Board,, had an unofficial report made by an adjoining property owner that the property has been damaged. Thisbecomes a concern of the Planning Board,, We are concerned with thefresh -water. resources and any and all canals that bring salt water into the land. OUr water engineer tells us ;that we are using more than one half of all our water XX with the present.population. MR. LUNDBERG: Mr. Victoria only followed a creek- that.was there for years. He only widened it a little. THE CHAIRMAN: We do no allow anyone to dredge without a permit. MR. VICTORIA* On your own property you need a permit? THE CHAIRMAN: Yes, you are endangering the water supply of wzx every one else. MR VICTORIA: I can show you springs downthere that stop the water from flowing out 69 there. THE "CHAIRMAN: I- can show you places in' East- Marion where they- thought they had plenty of water. MR. LUNDBERG: When did .they-first fill. tYiis la nd in? MRSS VICTORIA':, In 1963. When we bought- that property we made plans for expansion and this creek. played an important part in. our long range plan. This dates .back to 1950; THE CHAIRMAN: The Planning Board will not allow anyone to deepen or widen or cut-into the bog.,, except where there is no danger of damageing the water supply of Southold Town. MRS; VICTORIA: When we asked Mr. Latham he said we .needed no permit on our Eoxxt own land. THE CHAIRMAN: Mr. Latham has done dredging for many people and he knows very well that' a permit. is required: Now we have a problem here and just -how we are going to handle it I am notsure. MR. LUNDBERG: We want to present the .facts as they arep. and there was a natural canal here. Southold Town-' Planning Board -3- July 12., 1966 THE CHAIRMAN: .That has, no .bearing on this. MR.' LUNDBERG: All they have done is deepen and widen the canal. It was filled in by- the-County and they had to get permission from the Victorias simply to put this fill in there. It wasn't as if they were cutting through a new canal. THE CHAIRMAN: This Board accepts this as fact. The Board's contention is that you have no permit to deepen or widen this canal. MR. LUNDBERG: If the canal--had not been filled in.. we still would have this problem? TI3E' CHAIRMAN: That is. right. We are going by our Ruels and Regulations for the Subdivision of land. There is a question as to whether , or not his is a subdivision. That. is why we and the Town Trustees work together. They pick up where we leave off. MR: LUNDBERG: There is nothing that requires these people to file a subdivision map until they start selling off.'lots. THE CHAIRMAN: If there are four lots or less we waive filing a subdivision map. MR LUNDBERG: Just because they don't file a map doesn't mean they can disregard the Ruels and Regulations. w.Te_ CHAIRMAN: Even if you were able to work something out/this Board and the Town .Trustees,, you.might- still have a .law suit .on your hands from adjoining property owner. MR, LUNDBERG: This could be if someone else's property is damaged. MR: VICTORIA: Why - didn't the building inspector say something to us about this? THE CHAIRMAN: It isn't his job to. ask people if they are doing things in' accordance with the law. MR. LUNDBERG: Whatever the Victorias did;„ they did without malice. THE CHAIRMAN: I am speaking for the Planning 'Board. Whatever I say is my- opinion. But the problem ist something has to be done:, this problem has to be rectified. . What is the mxt step? Southold Town Board. of Appeals -4- July 12,, 1966 THE CHAIRMAN: I have no use for law suits. I don"t. think the Town should bring action. This is nct good business . We do feel that- this is endangering the health and welfaee of the Town of Southold. This is' the .first case md. we. caxt't let it go unchallenged. I have tried ;tw present our sideof the picture, . Our side as I_personally see it. ' You may question the others if you like. MR : LUNBERG: The Victorias would not have done this, and gone-. to this big expense if- theyyknew that they were getting - into this. They thought because it- was a natural stream there would be no. objection. They also thought. that on your own property you . do not need a. permit. That is the problem. MRS. .VICTOR]A: When Mr. Latham told us we needed no permit -we took him at his word., We did not do this with the = intention of. going against' any regulations. Since 1950 this has been' a part. of our long range plan. We weren't trying. to step on anyone toes. . We .have alot- of .sour grapes around there too. I don=t think we are damaging his property,! MR: VICTORIA-,, We are 10 feet from the property line. MR . LUNOBERG ZX If they weve to put a -well in, that particular area I don8t think they would get saltwater. MR.:. VICTORIA: There is nothing by bog-there. MR. LUNOBERGt.,. Your complaint is based on salt water. THE CHAIRMAN: When you start- cutting into the land you allow the. fresh water to. flow out. MR '. VICTORIA: Theme is no fresh water down there. THE CHAIRMAN: Yes theme -is. And when you cut through you are damageing the water supply of the rest: of the Town of Southold. MR VICTORIA: When Latham dug in there,,t.there was no sign of fresh water,. only bog. THE- CHAIRMAN: I am sure you see our point. . We are concerned with . all the people. Now we are concerned with just-how the problem will _be remedied. Southold 'Town, Board of Planning -5- July 12 p,1966 MR LUNDBERG: We hoped. that we could settle this matter here. MRS VICTORIA-.. Who was the other propety owner. on the canal that made a complaint: , THE- CHAIRMAN: I am not at liberty to disclose his name. MRS VICTORIA: Mr. Bitz is the only one on the can&l. - MR�. LUNDBERG: I think we can work out something fair an equitable. I will be glad to talk- to my clients. THE CHAIRMAN: Speaking -for the- Planning Board, we would welcome a solution. However.z we just-can't overlook it. MRS VICTORIA: I am still curious about the other neighbor besides 'Mr. Bitz. -THE CHAIRNlAN: ..XKK I- can't disclose his name. MR LUNDBERG: Could we have another meeting? THE CHAIRMAN: Yes. We can talk this over with the Town Trustees. Both of us .:are representing the Town. . ;:(Mrs. Victoria presented a map to the Planning' Board showing the long range plan for the property in question. The map Mrs. Victoria presenia&howed a subdivision plan surveyed by Alden Young with more than four lots. ) THE CHAIRMAN: Once the Town Trustees give you permission to dredge -you own the bottom of the dredged portion. That is why it is so important- to get-permission before you start. to dredge. MRS VICTORIA: We have docks out- and we have permits for them. . We have limited ourselves to within our property lines. it was agreed that another meeting would be held to try to-work- out a fair agreement that would be suitable to all parties involved. Subsequently the Town Trustees and the Planning Board further discussed the dredging done by Victoria. Alvah Goldsmith stated that .it was early in February when the dredging first;sfx*x started and the Victoria's were advised to obtain a permit to dredge. Southold Town Planning Board -6- July l2, 1.966 The following solutions were suggested as means of rectiEing the problem at hand; ,-SZ- l) Make the Victorias pay for damages on the land they have dredged; 2)' Sell the Victorias a deed-�to the dredged portion; 3) sell the dredged protion to a third party; 4) MaIde the - -- Victoria's restore tle land as it- was before any dredging took place. The Planning Board and The Town Trustees will meet further on this .problem. The Town Attorney will also be consulted to see what legal steps must-be taken. PUBLIC HEARING: Upon question of approval of the following plat: Plat of property owned by Frederick . and Hardol Resset entitled Harbor'Lights Estates,, Section II, consisting of a parcel of land of' 5.895 acrese situated at Bayview in- Southold,, irithe Town. of Southold,, Suffolk' County,, New York,, and bounded and described as follows: BEGINNING' at a point- on the westerly- line of=Windjammer Drive., 310.83 feet northerly along said westerly line from -Anchor 'Lane,, said point of beginring being the northeasterly corner of� lot 10,, as shown on the"Map of Harbor'Lights Estates,, Section I",, filed in the' Suffolk County Clerk's Office as map #4362 from said point of beginning running along said lot 10 and along land of.Frederick and Harold Reese.t- N.. 64° 05' 10" W.- 365.42 feet; thence along siad land of Reese, four courses: (1) N. 200 12' 20" E. 251.25 feet; thence (2) N. 25-� 542 50" E,300.0 feet; thence 13) ' S. 640 05' 10" E.- 600.-0 -feet; thence (4) S. 25° 54' 50" W.-' 200.00 feet. to the norther lyline of ° Harbor'.Lights' Drive; thence along said northerly line,, N.. 64 05' 10" .W.-200.0 feet; thence across said Hanbor' Lights Drive and along said westerly line of Windj ammer Drive.e,,,. S. 25° 54' 50", W.' 333.40 feet; thence along said westerly'-line of Windj ammer' Drive, S. 55* 543 50"- W.-19.17 feet- to the point of beginning. The Chairman read the legal notice of hearing, and the proof of 'publication of the legalnotice. THE CHAIRMAN: What .is the condition 69 the highways? HOWARD- TERRRY: They are all included in the performance bond for' Harbor 'Lights.,; Section I. They are all roughed in. ThArP l$ no public water there. Southold Town' Planning Board -7- July '12,: 1966 THE CHAIRMAN: I would like to say-for- the record that the park. and playground provisions has been waived .for this section in view of the fact park and playground .w ill .be provided in Section III of' this subdivision. Preliminary approval of - Section III, Harbor -Lights Estates is on file in the Office of the Planning Board. At this time I will open the hearing .and adk- to hear from anyone who is in opposition to this subdivision to be known a s Harbor 'Lights Estates.,, Section II. ,(There was no response.) THE CHAIRMAN: Is there anyone present. who wishes to speak for this subdivision? ;(There was no response. ) THE CHAIRMAN: For. the record,, Mr. Reese was in Town this after- noon but because of other engagements he could not be present tD night. I also want to enter into the record that Mr. Reese has .been most cooperative- and he and the Planning Board have worked on this particular section for the last six months. if none wish to be heard one way or the other on- this sub- division I will declare the hearing closed. The .final maps have been fEtInd signed by the'Bounty Board of Health. On motion by 'Mr. Moisat seconded by Mr. Grebes. it was RESOLVED WHEREAS Frederick and Harold Reese have petitioned the Southold Town Planning Board for final approval of their plat known as Harbor' Lights Estates, Section II,, at- Southolda: New York," and' WHEREAS,;The - Superintendent of Highways of the Town. of Southold has inspected the amp and approves the highway layout - of the roads to be constructed,, and his repmwrt is hereby accepted by the Planning Board,, and; WHEREAS, The park- and playground provisions are waived for Section II.,, .in. view of thiaofact that park and playground provisions will be made 'in Section III of this same subdivision; Southold Town Planning Board -8- July 12,. 1966 i . WHEREAS,' the roads in .Harbor' Lights,, Section II,, have been covered by a performance bond submitted.w'ith Harbor Ligths,, Section I,. wa NOW THEREFORE BE" IT RESOLVED that the subdivision to be known as Harbor 'Lights Estates, Section II, at- Southold,; New York, consisting of ' 5.895' acres, owned and developed by Frederick and Harold Reese,, be and hereby is approved,, and; BE IR FURTHER RESOLVED that the- Chairman of the Southold Town Planning' Board be authorized.to sign the final maps on Harbor 'Lights Estates,,- Section II. Vote of the Board: Ayes:-'Mr.. Wickham, Mr. Moisa," Mr.. Grebe. South Fork" Development. Corporation" again appeared before the Board with there preliminary plan -fora subdivision to -be located at- Bayview in' Southold. This property is on the south side of Main Bayview Road. Mr. Hamdsch presented the Board the permit they received from. the Town Trustees to do dredging . Mr. Hamdsch said the' County ,Board of Health requires that all the cesspools be put on upland. . They - also have- to take test holes. There will be 30 lots in this subdivision all of which are of sufficient size and area. On motion by'Mr. Moisa,, seconded by Mr. Grebe,, it was RESOLVED that- Southn7 Ford Development Corp.., be graded permission to cut the road through .up to lot-number 14, and preliminary- approval be given to "the subdivision up to lot-. number 14, no further. This approval does not -include the _waterfrontage. Map by otto Van Tuyl and Son dated May 2, 1966. Vote of the Board: Ayes:- Mr.. Wickham,, Mr. Mo'isa, Mr. Grebe. On- motion- by Mr. Moisa,. seconded by'Mr. Grebd, it was RESOLVED that: the minutes of theSouthold Town Planriing Board dated June 14,, 1966,, be approved as submitted. Vote of the Board: Ayes:-Mr. Wickham, Mr. Moisa.,, Mr. Grebe. Southold Town' Planning Board -9- July 12,, 1966 The Chairman signed the final maps on- Salt-.Aire Estates.,; ; located at- Mattituck, in the Town of Southold,' Su$blk- County, New York,,,, owned and developed by-Casbort, Inc. The Chairman was .informed that the Southold Town Board had accepted a performance bond from Casbor Inc. , at their- meeting today. On motionby Mr.- Moisa, seconded by Mr. Grebe,. it was RESOLVED.that the Chairman be aut4orized to sign the final maps on' Sterling Homes at Greenport, located in the Town of Southold, Suffolk' County,, New York,., owned and developed by Christ Stratakis. ,The roads in this subdivision- are completed and approved/yhe 'Southold Town- Superintendent of Highways. Vote of the Board: Ayes:- Mr.. Wickham, Mr. Moisa,, Mr. Grebe. The r3e xt-. regular meeting of the Southold Town Planning Board will be held at 7:30 .P -K., August 2,. 1966r, at the Town: Office,, Main Road,- Southold,, New York. The meeting was adjourned at:_9:45 P:M Respectfully. submitted.. Barbara C. Dittmann,, Secretary Southold Town Planning Board OHN WICKHAM,' CHAIRMAN