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HomeMy WebLinkAboutPB-10/01/2001 SPECI~LANNING BOARD MEMBERS BENNETT ORLOWSKI~ JR. Chairman RICHARD CAGGIANO WILLIAiV[ J. CRE1VI-ERS KENNETH L ,EDWARDS 1VLkRTI N H_ SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southolch New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES Special Meeting October 1, 2001 4:30 p.m. Present were: Bennett Orlowski, Jr. Chairman Richard Caggiano William J. Cremers George Ritchie Latham Jr. Valerie Scopaz, AICP, Town Planner Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Chairman Orlowski: Good evening. I would like to call this Special Meeting to order~ The first order of business is a public hearing. PUBLIC HEARINGS: Subdivisions - Chairman Orlowski: 4:30 p.m. - Laurel Links, Ltd. - This proposed major subdivis for 31 lots on a total of 222.85 acres: Lots #1-29 are clustered residential lots rang size from 28,325 square feet to 34,225 square feet; Lot #30 is 157.9 acres and is., as a golf course; Lot #31 is 2.39 acres and is shown as a golf course maintenance The property is located in Mattituck. SCTM#1000-125-3-13, 15, 17; SCTM#1000-1 21, 24.1 and SCTM#1000-126-7-1 I Will ask if there are any comments on this proposed major subdivision? Charles Cuddy, Esq.: Mr. Chairman, Members of the Board: I am Charles Cuddy. represent Laurel Links, Ltd. Today, the developers are here - Mr. Saland and Mr. '1 Also, Mr. Young and Mr. Wolpert from Young and Young who are the design engir connected with the project. This Board had a hearing in March of 2000, which was year, and granted sketch plan approval and, also at that time, you granted to us a on is ng in hown area. 25-4- eers last Southold Town Planning Board Pa.qe Two October 1,2001 ;,determination of non-si(~nificance under the Environmental Quality Review Board. On June 12th of asr year, t~) be exact, you also had a pUblic hearing and, at"that time, ~u granted preliminary approval for thi~ matter. Prior to that time, in December of '98, lhe ~.oning Board of A~peals also held a public hearing and they granted us the right td have a golf course with a Special Exception Permit. We are here tonight to ask for approval of the subdivision, not of the site plan. As ypu will ~ a further hearing, which will be scheduled.v~ithin )t su:bdivision and I will say to those who aI~ is from Route 25. There is bdi¥ision you. Chairman OrlowskJ: Any other comments? Herbert Parmenter: live on 1700 Delmar Drive - on the golf course. He mentioned the ~ealth Department. YOU people won't let me build a cesspool less than 100' from my Well. Neither will the Suffolk County Health Department. I want to know how come they ,C. an put pestiC des on,a golf course 35 feet from my well and my neighbors who ha~e httle children. Who. is going tO mort tor this? Where do I get the recourse? 35 feet, dow - they are abutting on my well and my neighbors. They are putting insecticides on there. Who is going to monitor them and.tell me that it is safe? This is a touchy situation. Chairman Odowski: Well, there Is a Tuff Grass Management Program and a Groundwater Monitoring Agreement in place on this golf course. Mr. Parmenter: Who is they?. Chairman Orlowski: Well, I assume that - I'm not sure. Can you answer that? Charles Cuddv, Esq.: We are obligated to have an agreement, which we have, called a Groundwater Monitoring Agreement. Mr. Parmenter: You don't have an agreement with me or my neighbors. Charles Cuddv, Esq.: Why don't you let me finish anc then we will go back and forth. Mr. Parmenter: Go ahead. Mr. Cuddy: What we have is an agreement. The agreement is monitored by the Su~olk County Water Authority. The agreement is between the Town, the owner, and the[ County. We have to put in monitoring wells. We have to constantly monitor those dells, SoUthold Town P annin.q Board Pa.qe Three October 1, 2001 to answer you question. The idea behind that is to prevent any problem that you anticipate and we have the County Health Department telling us that we can go ahead with this application. We have the County Water Authority -which absolutely has a concern just as you do - and they are going to mon~or this and I hope that will answer your question. · 't Mr. Parmenter: No, it doesn . You have some holes in that theory. The Suffolk Cou'nty Water Author ty. has nothing to do. with me or you. That is an authority. They don't ~ven ~nSwertO~he Governor. They have nothing to do with me or you or this Planning B)aard~ ,, Chairman Orlowski; I don twant this -this is not going to be a debate. O.K.? Addre?.s ~: Mr. Cuddy is answering ~he question for us. This is not a debate. The~'e !is a monitOring, plan in place and.they will have to stick to it. They will be monitored. Mr. Parmenter: Who do I go to see about the monitoring, if it is correct? I mean, nobody ~'s~hese people are. You just named some organization. You did not say where I gb- to what office. I want a telephone number. Mr. Cuddy: I will be happy to give that to you. Chairman.Orlowski: Valerie, do you want to answer that? Valerie Scopaz: Mr. Parmenter, can try to answer some of your questions· When did the environmental review for this proposal last year or the year before, one of ti ~e concerns was groundwater protection, protection from groundwater contamination. So, the property owners agreed that the design of the golf course would minimize the L se of pesticides, Weare not dealing with that right now but, on the preliminary site plan the golf course, there are a lot of rough areas that are off limits to every kind of fert lizers or pesticides. They are only going to be applied to specified areas of the putting ,~en and where they tee off. The Groundwater Monitoring Agreement that Mr. Cuddy h~ s ment oned sets up a long-term in perpetuity monitoring agreement whereby the W; ~ter Authority is reqU. ired to test the water at key sites throughout the golf course and make that information, pUblic on a quarterly basis. We are going to require that those reports be filed w~h the T. own. They are not going to disappear. They are going to be on rgcord here in th~ Plan~lr~g Board Office as well as in the Town Clerk's Office for public re,cord. We are p¢obab ¥ go ng to automat cally send a copy to the Health Department at the same time so' that there are two checkpoints - the public and the Health Department - and if at any tinte during those monitoring reports, something shows up that is out bf the ordinary, all the proper authorities will be on notice immediately. Mr. Parmenter: You explained that very nice to me but, since all this took place, there ~s a new County law now - somebody putting pesticides down has to notiflj me or my neighbors - if it is less than a hundred feet from you This is a new ruling. Am I correct? Chades Cuddy, Esq.: That is correct. Ms. Scopaz: Yes. Southold Town Piannin.q Board Paqe Four October 1 2001 Mr. Parmenter. Thank you very much. Ms. Scopaz: You're welcome. Chairman Orlowski: Any other comments? Unidentified Speaker: Will this gentleman be notified when the~pesticides will be put down, as he Should be? Chairman Orlowski: That's the law. Unidentified Speaker: So, the golf course will notify him forty-eight hours prior to? Chairman Odowski: You are going to have to stand up to the microphone and give us your name. Kathleen Knapp: My question is: Will he be notified forty-eight hours prior to the application of the pesticide? Chairman Orlowski: That is the law. Kathleen Knapp: That is the law. (Unidentified person in audience made a comment which was not audible.) Kathleen Knapp: Sir, will you answer tha~ Chairman Odowski: Again - Ms. Knapp: Sorry. Could you ask him to answer?. Chairman_ O_rlowski: That is a DEC law. That is a law that they have to go by to app y pesticides. It is a very strict law and there are a lot of rules and regulations to that I~w and it is monitored by the DEC, not this Board. Anybody that applies pesticides from a farmer to a golf course, has to go by that. Kathleen Knapp: And you have to receive forty-eight hour notice. Chairman Orlowski: Yes, whatever the law says. I am not going to sit here and - Kathleen Knapp: Who, on the Board, can direct us to the proper source so we can make sure? Chairman Orlowski: Call the DEC and ask them. I am sure they would love to come out Southold Town Planning Board Pa.qe Five O~oberl, 2001 ;?Kathleen Knapp: So, you wash your hands of that because it is not your expertise. O.K. Thank you. Chairman Odowski: It's just like if somebody else comes in to do a job for a neighbor, he has to go by the procedures. Valerie Scopaz: I want to clarify something. It is not a question of washing hands or 8omethif)~.'The state DEC,~_egulations are within the jurisdicti0n'of the State. The '~ ),wn has no adthoi:ity when 'it's a. State law but if there is a violation, like Mr. Orlowski sai .. ,(ir]audible) If somebody violates that, We would call the DEC. They will prosec.ute se~ratel!¢..The Town ha~ ?o right to...(inaudible). I.f we were to get the complaint, ye w~UM automatica ly ca 'th~, DE~ because they are the'only enforcing agency. Do y ~u fei]Ow what I am saying? I~athleen KnaDp: I do follow what you are say~ng but I am getting the impression fr( 'n you.~t the TOwn is not watching over its people. You pass it off to somebody high, ;r up whiPh makes it more. difficult for the individual home owners to make the specific, o time complain~. So, you have abandoned your public in this area. Chairman Orlowski: The public has not been abandoned. Believe me. Kathleen Knapp: Wel Chairman_ Orlowski: The DEC is totally in control of this par[ - not us. The Town has/ nothing to do with applying pesticides. Believe me. I am involved on a daily basis in doing this and they are very strict and they watch over very well and you can call them any time and I'm sure they would love to come out and check, t is an agency that is very sedous about this type of action that goes on. Very Serious. Mike Fruen(sp.?}: My name is Mike Fruen. I live on Delmar Drive. I am butted up to the golf course as well. I am a little concerned with the well water myself. I have two kid,s. I am wondering why people haven't come by and tested the wells already before this started and then you can test it after so we can see if these levels have changed. I ~se my water for everything in my house. No one has co .m_,e, by and tested my water noW to compare it to a later result and, on top of that, I haven t received any information frqm Mr. ,C, uddy. I was made aware today that I was supposed to receive documents on! what s going on with this course and documents pertaining to the pesticide and that matter. I am butted u:p to the course, once again, and I haven't received any information. They are planting grass and they are planting sod at this time and I am isure there are going, to be chemicals following that. This is happening as we are speaking now. Once again, I am very concerned about that and I want to know - Chairman Orlowski: You were not notified about this hearing? Mike Fruen: I wasn't notified about nothing - Chairman Orlowski: Nothing? Southold Town Planninq Board Pa.qe Six October 1, 2001 Mike. Fruen: - other than the small street signs that are attached to the telephone perils and they are very small and I had to walk up and down the street to take a look at t~em. If I Was walking up and down the street, I might have saw them. Is there somebodyl.that we can contact to test these wells now before we start spraying stuff down and put[lng things down? We have nothing to compare the levels at this point. There are no te~t wells ~o weare going to have to test each well on that road to be safe. I want to beJ safe. I don't want to be s~)rry. I don't want to take that risk. Chairman 0rlowski: Right now I can't answer that. It is not - if this was a subdivisioh an(t- h°Usds we, re g~)?g in next to you, and there w,ere another hundred houses, the~re would be no mbnitr0ring'. There would be none of this. Mike Fruen: I understand that. Chairman Orlowski: In some cases, they probably put on things that are much, much worse than they use on the golf course. And, in some cases, the neighbors are more dangerous than what they have to go through and they are not controlled and these guys are going to be controlled. As far as - there is nothing, to my knowledge, that :;ays that all these wells have to be tested first. Mike Fruen: No, I am just making a wise suggestion. That's common sense to me. would test these wells and make sure the levels of pesticides or poison - whatever hey are putting down on this course to get this grass greener and healthier - isn't affect ng our wells. To me that makes sense. It is a common sense situation Chairman Orlowski: Right now, I cannot answer that question because we don't test the houses next to a subdivision, their water, before things get started. Valerie Scopaz: I justwanted to add one thing. This is a draft of the Groundwater Monitoring Agreement which, [ believe, is at the Water Authority right now. I am just going to quickly go through what the terms of the agreement are: One is that the ~ monitoring will take place - the testing will take place - on a quarterly basis and that, if at any point in time, there is a - if any well shows any contamination due to the use of[ chemicals at the golf course, more frequent monitoring may be required as determined by the Water Authori~/. If any well shows evidence of contamination, repeat samples will b~ taken to verify the existence. Then it goes on to say that they are going to be te~sting for a number of things, ino uding one of the th ngs that we hear about - metabolites[ or ...(inaudible), derivative by-products of anything that is used on the golf course, as opposed to just various things that they test for like nitrates or organic phosphates!. Mike Freun: O.K. Once again, when is this going to start because, like I said, theyl are starting to green this course already and I am sure they are going to start using thi@gs to keep this course green. When are these wells going to be installed? What we s ar~a going to be tested? Are they testing each individual well? Or are they only testing t~nese test wells? And when is this going to start? This should have been something - on,of the first: priorities. Health is a priority. I mean, they are already starting to green this Southo d Town Plannin.q Board PaRe Seven October l, 2001 course. When is this going to happen? Am I going to find out next year that something ihappened tO my kids ~ecause t~e water is contaminated? When is this going to st~ ~Valerie Scopaz: Well, the Board has not made a decision yet but one of the things that they are discussing is if they approve this subdivision that this will One of the condi :ions - that this agreement would have to be filed in advance of their approval, it doesn't specifiFally say when it is going to start, but it could say immediately. In other woirds (inaadible~ from a certain date fOrward...(inaudible). Mike Fruen: Weil, l am just very concerned. Like I said, it's started greening alread and nobody has taken any movement at all to move for~vard on the health issue of this course. E~ve~o~e is ~uick tc>.gCeen..it, qUick to do,other things, but no one is quick to ma,ke~,l sure;everything is goin',g to be healthy for us. We will leave it at that but I wouId like to know a mJmb~r °r ~0r~el~ody I can ~ontact to follow up. on this because it is ;a major concern. Chairman Odowski: What is your name again? Mike Freun: Michael Fru on. Chairman Orlowski: O.K. Any other comments? Mike Fruen: I did not get a name or number. Can I get that please? Chairman Orlowski: I don't have it for you right now. When we do this, we will have a number that you can call to get this information. Mike Fruen: Today? Chairman Orlowski: We won't have it today. The agreement - do you went a copy of the agreement? Mike Fruen: No, want somebody to speak to, to find out when this is going to start~ They are already starting to green the course as we speak. Now, who can I speak lb, to find out who is in charge of testing these wells and when this is going to take place? I have two kids at my house; I have a wife. Chairman Orlowski: These agreements won't go into place until we take an action. O.K.? No, it is already happening as we speak. They are already greening th~ Mike Fruen: course as we speak. Chairman Qdowski: Right, but those agreements won't be in place until we take an/ action and approv,,e of this. They are working on that course and if you plant grass n your yard, we can t do anything about it ether. ' SouthOId Town Planning Board PaRe Eight October 1,2001 ;Mike Fruen: If your kids were living butted up against the course, would that be 'a'cCeptable of an answer to you - when agreements take place? Chairman Odowski: To me? Yes - Mr. Fruen: I'm sorry to hear that. Chairrnaa Odowski: - but you will see an agreement when we take an action. Mike Fruen: That's not acceptable. I am sorry. Herbert Parmenter: A point of order, Mr. Chairman. This man just said what I said ~ ~keeps throwing this word around. Suffolk County Water Authorit~ - it is a s'eparate entity. It I~as nothing to do with the Suffolk County Health Departmen!i[and my water and his water and my neighbor's next door. Suffolk County Water Authori~ has nothing to do With my well. It is the Suffolk County Health Department. And Suffolk County Health Department will only test your well once every two years. Valerie Scopaz: That's correct but this agreement is with Suffolk County Water Authority. Herbert Parmenter: No, he didn't get an answer and I guess I won't get one either. Valerie Scopaz: They will do the testing more frequently than the Health Departme t does. That's what this agreement is. The owner has agreed that the testing will take place every six months on a semi-annual basis. Someone will come and test the w~ II. Herbert Parmenter: It should be the Suffolk County Health Department, not the Sufl olk County Water Authority. Valerie Scopaz: But a copy of the report will be given to the Health Department so ~ere is an ongoing monitoring. That's what I am saying. Herbert Parmenter: They are not the Health Department. Suffolk County Water Authority is a political organization. Chairman Odowski: Any other comments? John McAvoy (sp.?): My name is John McAvoy, seasonal occu pant of 255 Fourth Street, which is right off of the fifteenth tee. It was not my intention to say anything here but I am a little bit disturbed at the discussion that has been going on. asked two questions last year about the quality of the ground water and I understand that peol~le are concerned. My greater concern is, and what I think I heard the young lady state,/that if in the examination of the well water they find a contamination has occurred withou~t having the base line, is a meaningless statement. You cannot define that something[has changed if you don't know what the original condition is. Therefore, if something ha~ changed with a future test, that's a totally meaningless situation. I speak now as a Southold Town Planning Board Pa.qe Nine October 1,2001 former Chief of Engineering for one of the major branches of the Federa Government. If you are goi'ng to h~Ve tha-~ kind of a regulation, you have to live with it. bValerie Scopaz! I believe that during the environmental review that there was some ase line established. Mr. Cuddy, when we did the environmental review, there hadlto be a base line established at that point in time. Do you want to address that? ChadeS Cuddy, Esq.: So, you understand, When you ta k about the base line what ~we ~h~ve tdd~) is not, make y~ur ~ter nonpot~,ble - tl~at is What'yOur concern is. There .~ a ~tandard -'there its a N.e'w York State sta'ndard, as you- knoW~ a~d, there s a Suffolk, County s~ndard whch` ~re bo~h the same ~ve can't contaminate water. lis not is OU! any Agr pu~ Stop Unidentifie~l,,Srpeaker.~.. If [ may_ ~ddress the ~Board aga n - f understand what the gentle~anh~s been sta~ing ts tes[~ have beer~ made. There ~s a baseline. The of that. ba~e linde are somewhere o'n fie tha~:c~ln examined by the general public to determ~r~e~hat.a change has occurred. Unidentified Speaker: No, there isn't. Not on our street. They didn't have a base line test ...(inaudible). Valerie Scopaz: The testing results are in the Environmental Im pact Statemem. Unidentified Speaker: That is correct. Chairman Orlowski: Any other comments? Ralph Bartolacci: My name is Ralph Bartolacci. My wife and I live at 4706 Peconic Bay Boulevard. I have several comments and questions. Just following up on the ground water question, my concern is that we have potable water. I don't want to see the quality of the water deteriorate. The difference between potable water and what you may have can be dramatically different in terms of it content. You can build up all kinds of sediments and other levels in there but what we are concerned about is changing that water supply from where it is now and I think having a base line is absolutely essential. I would highly urge any one that lives near this to be sure you have a base line. I knoWl SOuthOld Town Planning Board Page Ten October1,2001 Will have a base ine for my property. Now, three other points One is, when I saw ff original, agreement by the Zon,ng Board of Appea s, or the Appeals Board, granting per~ni~Si~n to do this prOjeCt th~ was wording in there regard ng the em;9~gency ~ The emergency exit was for emergencies only- no private, no genera use. Subseq wording,, I ~ee in the documentation, says the Superintendents will use it. This is a gated - entrance one hundred feet back from the street ol that Pec0nic. Bcy Bou~levard: now is ~a dis~ so th~ v,o urne of traffic fs homes, plus the th this "omergenc com'ng down and ]e beach or friond's beach or ~.vhaLover it is. These mile ~way from Peb, or3ic Bay .Boulevar~ What ar~.they gom'g Lb do w'ith their carS? there. ~it. Jent stet Now, that e~n;ergency entrance, based on the Zoning Board, was that it was only fo! many industrial - this is a commem al operation. , exit - it is not used for anything else. Not eve "the ot has a footprint that's really another [ there is a real question in terms ofwhat that Secondly, when Isaw the origin Now, there is a driveway lot plan and ergency exit. Now, if you n~ ~d an be a lot better but it ~s be no entrance to ~w, they ha~e N( al agreemen~ It Belrnar ~ ;Ihts to the bedch ~ment, I sit on a 3g it ~en Chairman,, , Odowsk. . I bel[eve;,~ that says t conveys the other ha f of the r ght-of-way wh ch S ~tready owned by the De mar Associat on. Ralph Bartolacci: Yes, they are suppose to give - (Simultaneous discussion.) Chairman Odowski: It's strictly - that's right and it is strictly - Southold Town Planning Board Pa.qe Eleven October 1, 2CI01 (Simultaneous discussion.) Ralph Bartolacci: O.K. If you read what that - maybe it is a m~sprint, I don't know, the way this is written here, he says he agreed - he has complied - with your requirements and then he goes on to attach the conveyance of these rights to the whatever the homeowners association is - not Delmar - but to the Laurel Links Homeowners Associa~tion. Charles Cuddy, Esq.: Maybe I should answer that. You have a lot of questions and Ii~can answerthem but I will answer that one .. (inaudible). Mr. Bartolacci: O.K. Charles Cuddy, Esq.: What you are looking at is a deed, presume - Mr. Bartolacci: Right. Mr. Cuddy: - and, on that deed, there is a grantor which is Laurel Links and there is ~a grantee which is another entity. That is the entity, for your information, that is on recprd in the County Center. You may have the Delmar Civic Association. You may have something like that but the title for that land is not in De mar, t s that entity - the entity that we ar;9 conveying to. That is what we agreed to do and that is what we are doing. We're not going to have any problem - Mr. Bartolacci: ...(inaUdible). Mr. Cuddy: Excuse me. Let me finish We're not going to have a problem conveying[to any organization. We said to the Town we would do that. I searched the records an~l, when I searched the records, that's the name that the other half is held in. Now, if thl~t is incorrect, we will give it to the correct name but then you have got to tell us what tha~ is because it is not on record. The intention of that deed is to convey all of the rights - all of rights - that Laurel Links Country Club would have to that parcel to whatever association owns the remaining part. That is what we were asked to do - Ralph Bartolacci: Will the records show that? in other words, there will be no beach rights - because there's thirty square feet of parcel - Chairman_ Orlowski: Let me just say that the Board has gone over with the applicant~on this a couple of times. They are conveying what they have as right or access to the I beach. The homeowners association in the subdivision will not have access to the beach. They will not use that road. That gate is there strictly - you have to remember: that is one - that whole golf course is one lot with one house o~ it and it is a Superintendent's house. He will have access out onto Peconic Lane by a gate. Ralph Bartolacci: He wasn't suppose to based on the original - Southo d Town Planning Board Pa.qe Twelve October 1, 2001 Chairman Orlowskk But he will have access. That will be gated. That will not be used by an~,body. Those twenty-nine lots will not use that right-of-way - not at all. Mr. Bartolacci: I've been there before - Chairman Orlowski: Well, I am telling you. That is the way the resolution is going to read ~and, if it isn't that way, you can come back to this Board and let us know and we wil take care of it from there, But, right now, we are ~,ery adamant about that and there no Deed .l~y ~i¥i'ng ~iW~iy [he access to the beach to have access to Peconio Bay B~ulevard b,~Cause th~ siJbdivision is more toward the front and they have a road g out that ~h~ will be usi!~g. This. is just, basically an emergency access if they n wl-i ch W Ii probably neYer eYer' be used. ~et Ralph Bartolacci: Will the daily in and out of the guy's wife, his kids that are living there - will they g,o in and out throLJgh P'econic Bay Boulevard? Chairman Orlowski: They could. That's one - Ralph Bartolacci: Then, if you do that, the footprint of this home - al least what I saw - is fairly large. Now, what's to stop all of these three hundred members - or,w_ hatever - [with their golf carts to park there and just come down through that way? That s the way i~is ordinary done. Chairman Orlowski: There Ps no parking down there. Ralph Bartolacci: He's got a big lot. Chairman Orlowski: It's not going to happen and, when that ha ppens, come see us. Ralph Bartolacci: Yeah, but see - Chairman Odowski: It's not going to happen. Ralph Bartolacci: I would love to have your assurance, however, it only works if it is documented and states just the way we have put it. In other words, this is a Supedntendent's property. He drives up that Superintendent's road - Chairman Orlowski: It is gated and also Birch Lane will not have any access whatsoever on to - Ralph Bartolacci: Well, right now, there ~s - Chairman Orlowski: Well, it is not going to be on there and we are going to note it inlany resolution that it will not in any way, shape, or form have access onto Birch Lane. Ralph Bartolacci: You can be absolutely sure of that? Southold Town Planning Board Page Thirteen October 1,2001 Chairman Orlowski: Yes. Ralph Bartolacci: O.K. My apologies but I want the record to show that Laurel Country Estates is, in fact, the people that live on Delmar and not - Chairman Orlowsld: Then, I think it seems to be - Charles Cuddy, Esq,: Whatever has to be done to correct it. If you have an associa maybe Ybu want t6 check the records too because what we are doing s conveyini Wh~t yd~J ti~ink:y~,u,~ aSSociation is arid We have no problem doing that and am stal - let me finish on tl-i~ record - I am st~ating on the re~Ord to you what you just askedl said Wl~at~'?~e we dSidg With the and and i amSay!~g we a~-e ~iving it-convey n g t - to the a~ciaUon. NoTM, if you think t~at associat 0n, has a di~e,r~nt name, then yc gOt~to ~o~ ~rld'tell ds What it is because ~hat is the One that shbws on tt~e record. Mr. Bartolacci: What would like to be sure of is that in your documentation, that th name - Laurel Cbuntry Estates Property Owners Association - is not in any way connected with theLaurel Links Homeowners Association ~ion~ ng it You 5ver L~'ve S Chades Cuddy, Esq.: Absolutely not. That's right. Exactly. Mr. Bartolacci: That's got to be in there because really think that this could be extremely confusing. Mr. Cuddy: Well, it is unfortunate that the name is that name but that's the. name that is on record. That's all I can tell you. Mr. Bartolacci: Then, my apologies but, I would like to see the record state that. Mr. Cuddy: O.K. Well, I think it does. Mr. Bartolacci: Thank you Chairman Orlowski: O.K. Any other comments? Ernest Fox: My name is Ernest Fox. reside at 340 Birch Drive. Currently, there is a road that cuts across Birch Drive into the golf course. O.K.? It is dirt but it is there. If you want pictures, I will be happy to supply it. O.K.? There is also traffic coming doyen my road now, too, that we were not accustomed to. We are very dissatisfied with that. Chairman Orlowski: That will be blocked off. We have noticed on the map that it dic~ not ~ ~ ~re will be something put there. Birch Lane will not be used. Ernest Fox: Birch Drive. Chairman Orlowski: Birch Drive. O.K. Southold Town piannihq Board pa,qe FOurteen October 1,2001 Mr. Connelly: My name is Connelly. I live at 4950 Peconic Bay Boulevard. You are Mr. Orlowski? Chairman OdoWski: Yes. Mr. Connelly: You wrote a letter to Mr. Cuddy on September 19, 2000, and it deals with, among other things, the access to this so-called emergency entrance. And if I look at Points Two and Throe - I am just going to quote Two and then Three: The steel g ate Sh~l b'~ located across the proposed emergency access. It doesn't say exit; it says e.mergepcy access and shall not extend 100' past the proposed Superintendent's driveWay ~rea That's Point Two of your letter to that gentleman. Pbint Three: No c0nStt~t!¢n or work veh dies Shall use the proposed emergency assess and the e,m~:~b~, assess shaii °nly be used fOr'fire and other emergency` purPoSes (not fc g6i~e~l p~Jblic or p~ivate~ u's~). So What's the Su perintendent':~ issue~. Chairman Or owsk: They've asked that the Super ntendent have access back there instead of driving through the whole go f course to go around. Mr. Connelty: Well, we who live adjacent to this, would like tO propose that your original letter hold. as we have believed all along it was holding. Chairman Orlowski: Well, when we asked the Chairman of the ZBA, who granted th~ ~olf course, he said that his answer to that question was yes, that the gate, s should b(~ between the house and Peconic Bay Boulevard and locked at all times w~t'h extra gate keys for the use by the Superintendent's family, emergency and fire divisibnsl So that is the way it is. Mr. Connelly: Yes, but this is your ruling directly to their Board. Chairr~an Orlowski: That was a comment. I don't believe that was a ruling back then, but - Mr. Connelly: You know, [here also is a comment that talks about that a gate has to be put up before they get a building permit and, etc. Well, how do we appeal that this original comment of yours be, in fact, what happens when the project gets underway - that it is not used for anything except - and I emphasis the word access - so the fire trucks can get in, so the police can get in. That's what it shows as I recal~ the plan - access not exit - access. Which, to me, means access to the property as opposed to egress from the property. Chairman Orlowski: From my understanding, you don't want to have any access on to Peconic Bay Boulevard by any house? Mr. Connelly: That's correct - from that property. We don't want any exiting on to Peconic Bay Boulevard or access to it other than the emergency vehicles. S0uthold Town Planning Board Page Fifteen October 1, 2001 Chairman Orlowski: But, if you owned a piece of property and you. had access to ;PecOnic Bay Boulevard and you had a house, wouldn't you want to access PeconiC Bay i'Boulevard~ All I am trying to say is you have two hundred and twenty acres that has 'access to Peconic Bay Boulevard. Could be many more lots, than one - many more f~ but it's one and it's one Super nt~ndent using h s dr v~way, bas cally with gat ng so notJbdy else can use that drYewa¥ except the Si~per'ntendent and fire and rescue. Mr. Connellv: Bu;t, the excepted Superintendent is. in addison3 t~ what has always be(en '~,isCassedfm~ the begmmng at/the one,al - I mean I Was at ~he.ong~'~l ~eet~ng m 9~Cember 0~ January bf 2000~ a~ I w~te a le~er at~hat~ime, We ha~ no -I have.no Obj~C~on to ~Ee pr°j~ct. I think E is fihe but yo~ gi~ [hem an' ~Ch and t~y are goin~ to take~a rode. Chairman Orlowski: But, we are giving them use of their property or access with one house. Mr..Connelly: Well, let me tell you another issue. Who is going to enforce that everybody else who would rather not have to - 1 mean, if I spent the kind of money that these people are going to spend do I really want to make a left turn to go westbound on Route 25 when I could go out to Peconic Bay Boulevard? I don't think so. Chairman Odowski: But, you have to understand - nobody else is going out. They h, no key to the gate to get out, Number One. There is noboay else. There are twenty- lots that have no access to this at all - at all.. Lot 30 is gated, it is keyed, and there is house so that the Superintendent can get out so he does not have to go all the way to the Main Road, maybe make this a more traveled road so more cars can travel o~ This is just an emergency access and it is one lot which is a hundred and fifty sev~ acres - one house. tve qine a up tit. Mr. Connelly: Who is going to enforce this gate? Chairman Orlows'ki: If you see a problem there: you call this Board immediately and we will enforce it. Mr. Connelly: I tell you, I did see a problem and I did call the Board and I got the run around. When they started doing the earth removal, there was a huge cloud of dust.I It was as if we' had a ...(inaudible) thing. I called you. I got oh, we don't know anythingi I called the Building Department. I said who's -I finally called the EPA and you know What I got?. We are all out at meetings. We can't come and do anything about it. I mean, a construction project - they were mowng - the earth was being moved and it was completely dry and all they did was move earth and it was a cloud of dust. I don't blame them for wanting to get going on the project but who is going to - so, you couldn't - I mean, we got no response on that issue so we call the police? The police are going To come down and say we find the gate open? I think it is unrealistic. Charles Cuddy, Esq.: Could I, maybe, address his questions, so if you can understand my position? This is for fire and it's for the Superintendent. The reason the Southold Town Planninq Board Page Sixteen October 1,2001 Superintendent is there is do exactly what you a,r~e asking. He s th_e, re essentially, a~s a guard - as a protector - so that other peop e don t come n We don t want other pe~ e to come in. With all respect to you and your neighbors, we don't want you to come in ane we don't expect people to come down and I'll tell ybu why we don't expect that. get out of the subdivision - the subdivision map is up on the wall - you would good part Of the g01f course. The golf course ~s going to be green. .I ne~d' an at~ Oula'[lt;o and we said rrne and thoy said '~hat you could have a Su~erinter~dent's house horo on th'e ba'~is that it would prb'tedt'the onti~'e area; not j you but,al§'o u's. Tt~at is why il. is here. Mr. Co~nne[~: O.K. I am supposed to address you, as opposed to the gentleman? Chairman Orlowski: Yes. Mr. Connell¥: His example of the McDonald's is probably the worst example he cou ~d use. Chairman Orlowski: You are absolutely right. If you look at that emergency exit, the ~ire marks from people going across it - especially with their SUVs - because who the h~] wants to go out onto Peconic Bay Boulevard when you can go onto the old Main Road - ...(inaudible) where it belongs. Chairman Odowski: You're absolutely right. Mr. Connelly: So, I would like to say that I, as an adjacent property owner - someone who lives on Peconic Bay Boulevard object to any additional potential use Obv ous~ly one person using it is not a problem but the potential to have a nice way to get out ~f your property over this - obviously, there has to be road over to the other side of th~ gorf course: some kind of a road. The Superintendent is not going l.o walk over to see what is going on and, if the emergency vehicles - if I recall, there is a letter from one of the Town Officials talking about th s access road has to be up-graded to sustain the weight of the fire engines and other things that are going to have to get in via this - [here is going to be a road there. There is going to be a road that will carry fire equipmentland emergency equ]pment to the subdivision so, that argument that there is no road, doesn't fly either. Southold Town Planninq E~oard Page Seventeen October 1,2001 ~/alerie Scopaz: The performance bond estimate does lay out some specifications as to what has to be put tl*i:ere so that in the event that it was raining like no'v, you wouldn't have, equipment sinking. Mr. Connelly: Exactly. I read that. Ms. SCOpaz: So, that's what the specs, are. It is 15' wide. It is not a spec. that ...(inaUdible). Mr. Connelly: I understand. Valerie SCopaz: think the main thing - the main point that needs to be Drought out is that McDonald's ...(inaudible). Here they are required by the Zoning Board ...(inaudible) decision that says it has to be gated and locked at all times with keys being given tq the emergency, fire department and ...(inaudible). How do you enforce that? Well, obviously,~if somebody is violating it, you call the Code Enforcement Officer, you call your Town Board Members and you say look, there is a piece of palder here that is being violated and you pursue it as any other violations ...(inaudible). Mr. Connelly: O.K. So, there is no calling the police. The p_o, lice are going to call police and say this gate is open and they are going to say we don t care So, we have to g~t the Zoning Board, who s out to another me~ting, or we have to get - I am not tryingtto be funRy. I was trying to get some action when this dirt was in the air and it was like who shot John. It is a done deal is what you are saying. Chairm_ an Orlows_ki: You are nght. McDonald's is a poor example and it should be at locked gate there. ~.ut there s go ng to be a locked gate here so, maybe we learn by our mistakes. There is a locked gate. That gate will be locked and maybe the Superintendent s go ng to access through there to the golf course to go to the Ma r~ Road. I don't know. He is one of three people who w have a key to that gate. If that gate is left. open, then we have a problem. Mr. Connelly: The Superintendent is responsible if the gate is left open, is that correct? Chairman Odowski: Yes, he is the guard. Mr. Connelly: O.K. Now, how do I get a copy of the minutes of this meeting? At the appropriate time? Chairman Odowski: At the appropriate time, just come in. Mr. Connelly: I just come ~n and get a copy and pay twenty-five cents a sheet or whatever it is? O.K. See you then Chairman Orlowski: Any other comments? Southold Town Plannin.q Board Page Eighteen October 1,2001 Maria Chakaris (sp.?): My name is Maria Chakads. I own one of the houses that the road is cOming past through. We have wooded area right now and fifty percent of property now is going to be exposed to this new emergency road. My question to YOu is what kind of a read is it? Is it going to be a dirt road? Is it going to be - how are. they going to fix the road? s it going to be in dust every time th~ St~perintendent passe~l!by t~er~? That's my first que~;~ion My secondquestion is are they - where they are cU~ ng the road, are they going to p~ upa fence so - I mean, like I said - rny property is n~w expos~l to the~ ~oad. HoW do I protect my prOperf, y? I don'~, know ho~ to exnl~ai~, i~ ahv bette~r b~t 1, am SUre YOu k~dW wh~ I ~m talking ab°Ut~ What ~s thespian? Chairman QrleWSki: This is a right-of;way and it is a driveway. The road will be fixes - I think the'specs,' ar~ wri~ted oti'the plan to accommodate vehicles and emergency vehidlCs. Maria Chakaris: Meaning it's going to be what? Chairman Orlowski: I am not exactly sure. Maria Chakaris: It is not a dirt road, is it? Chairman Orlowski: It's not dirt, no, it is some type of binding material. Maria Chakaris: O.K. Do they have any plans as far as putting anything up on the side of the road where my property is and the property next to us - we are the only two properties affected immediately by this road. Chairman Odowski: So, you are on Peconic Bay Boulevard and this road? Maria Chakaris: I am 4795. I am right between - my house is one house affected; the ~xt to us. The road is going to be right in between our two houses. Dc~ you have any plans of putting bushes and stuff from the road? I mean, are we going tohave like wire things going all over the place? Chairman Orlowski: don't believe they are going to want to do that. It's a driveway [and ~ right-of-way. It is going to be gated up further so, I don't - you know, there's going to be a gate or someth ng across so they can't go on Birch Drive. Maria Chakaris: I know exactly how that gentleman felt before about having cars passing by there all the time. I am affected immediately and I do have concerns about private cars passing through there. Chairman Orlowski: If the Superintendent uses it, it would be his car. There would be another house back there but that's all. Maria Chakaris: And his name will eventually be known to us? Southold Town Planning BOard Paqe Nineteen October 1,2001 Chairman Odowski: I am sure he will meet you and be willing to talk to you but that's all that is going to be there. Ralph Bartolacci: I would like to go back to the point made by the attorney that this was given the right to have the Superintendent use that was given by the Zoning Board. I got a document - at least I think it's their Findings, Deliberations and Determinations o.f ~heacember 10, 1998 which set up - this ~s a commercial operation that needed zom~g nge'.S~ ;~t0 do this, you'vegbt to give a given date and, as I u[~derStand it, the thild point waslno con~tru,~tion or work vehicles shall use the proposed eme~'gencY exit a~nd the e~e~'gen',cy exit Shall only lie u,sed for fire and c icy purP ' gen!e!?t',~ ~.~ uSe~ NOW, that'.~ the in Board ~ i~as tm Z~i~g ~o~l~d o~f AppealS.-i thin' dO'os ~e a~ut[~ority come; fr~m to do, what 'Cause the only people Zoning Board. Did J ffient?. Cha'rle. s. Caddv, Ese.: Can I answer your question? We went to the Zoning Board - and them. is, r!c~'furthdr doCUment, to answer your question. We said to them that we wa to put the~, a house t,o stop pebp e fro~ coming in and that was acceptable to the Zomn9~ ~atd. You asked a question and that was what we d d and that s the ans~ Ralph BartOlacci: My understanding is that that house was there before this even t, place -that there was going to be "a caretakers cottage" there. That is what the ori! agreement and that's what - lied ok inal Charles Cuddy, Esq.: Let me explain something to you so that you can get off the idea that this is our idea. The Zoning Board, as you just indicated, said to us we plan to ~1o nothing with Peconic Bay Boulevard. We plan not to have a road there and we plan not to have a drive and we don't really care that there is one but it was absolutely important and that is why it is in their:decision that they have that and so that was imposed on us an(:1, on you. Ralph Bartolacci: Now, is that in the document - that they impose on you to have - Charles Cuddy, Esq.: Well, you just read it. mean, they said to us that they wanted an emergency exit. Ralph Bartolacci: There is no reference in here to groundskeeper. Mr. Cudd¥: No, I am not talking about a groundskeeper. I am s~mply saying to you [we did not plan on using it that way. We did use it that way when they said to us you have to have an emergency exit and we asked to put the house there. That is how that happened - so that we would not have people coming in there because we are concerned about that too - maybe more than you are - and that's what happened. They told us to have an emergency exit where we did not plan on having it. We said that we SOuthold Town Plannin.q Board Pa.qe Twenty October 1,2001 would put it there but we would need somebody to stop people from coming in. That's our concern so, that's what we did. Mr.,Bartolacci: I really think you have to go back to the Zoning Board again - Chairman Odowski: I did. I sent the letter to the Zoning Board of Appeals. The question I asked - does the decision permit the use of emergency access road by the -sUp~fini:endent ~nd his or h~: family in Order to gai~ ent['y to Pec0nic g~y Boulevard? Th',a.t ,,vas: the Planning Board's question to the Z.~ning Board. The Zonin~ Board rel~lied on'~he quest[oh yes the gla[es si~ould, be. between the house and Peconic Bay :Bou};.e~ar.d,and Ioqked at all times with extra gate keys for use by the Superintendent s family, e~rgency, and fire sq-aad provisions. Mr. Bartolacci: Is that in the file - that letter?. Chairman Odowski: This here? Yes, this will be in the file. We just got this today. That just came in. We asked that question already. Mr. BartOtacci: That is because I raised the question this afternoon. Chairman Orlowski: We have already thought of it - who is going to use it. So, he does have that use. Ralph Bartolacci: Can they do that ...(inaudible) formal meeting ...(inaudible) resolution at a public hearing? Ithink you need to have a formal public hearing where the public has a chance to express their concerns. Chairman Orlowski: Well, that's his answer to- Mr. Bartolacoi: ... (inaudible) Article 76. Chairman Orlowski: 78. .Jack Peters: I live on Peconic Bay Boulevard also. There are two roads there currently. Are we talking about two gates? One is coming off Birch Drive and one ,s coming off Peconic Bay Boulevard. Chairman Orlowski: Birch Drive will be permanently gated. They will not use Birch Drive for anything - not any access at all. Ernest Fox: How can we be assured that construction vehicles are not going to come up and down our roads during the construction? Chairman_ Orlow. ski: Because our approval and our resolution will state that. Anything that differs from that resolution, anybody has the right to come in and complain and tell us and they have to stick to it. Southold Town Planning Board Pa.qe Twenty-One October 1,2001 Eileen Peters: My name is Eileen Peters. I live at 4985 Peconic Bay Boulevard. No~, this road for the ~gatekeeper - groundskeeper - what kind of Cars or, vehicles will hel~e ~ble to have? Wil there be trucks that take care of the ground;~ Will [h0se kinds of" things be going in and out? .Chairman Odowski: This is just an access to the property that is gated. The Superintendent happens to live On the other side of the gate. His house is there. Eileen Peters: Yeah, but I mean he is the Superintendent but he has what kind of - it may be easier for them to get big equipment in there. Ohairma~n Orlowsk[: Not on a fifteen foot dg mt-of-way that is between this lady's house and the o~t~er house. It is a very narrow spot that we are talking about. It is not a large super highway and it is alsO gated Eileen Peters: I know but once it is done, it is done and it is very hard to live with it. Chairman Orlowski: Well, the way the resolution ~s going to be worded, it will be ve easy to live with. Just what I am saying is what will happen. Eileen Peters: There was a sentence put in for the groundskeeper also. Chairman Odowski: He is the guard that is going to have the key to the gate who is also going to watch out for other people trying to get into the property. You're not going 1 o get out and you are not going to get in. He will have the key and he can do that if he w; rots. Eiieen Peters: The gate is not on Peconic Bay Boulevard - it is one hundred feet in? Chairman Orlowski: Yes. Unidentified Speaker: Anyone driving in there, how would they know the gate is in there? They have nowhere to turn around. I am sorry I am not standing up. But that's the way it is. People are going to drive down that road and they are going to hit a dead- end gate and there is nowhere to turn around and it's a hundred feet in. Chairman_ Orlowsk'!: It's a hundred feet in and it's gated and you can't go in it. Just Ilike any o, ther dead-end, you can't go throqgl'i there and you don't want to go through there. I don t know if you want to put an ugly looking gate on Peconic Bay Boulevard, you know - Unidentified Speaker: Absolutely. Ms. Peters: Make it look more ...(inaudible). Chairman Orlowski: Any other comments? Mr. Fruen, I have a return receipt that you received Certified Mail. Southold Town Planning Board Pa.qe Twenty-Two October 1,2001 Mr. Fruen: Not from me. Cl~airman Odowski: Michael and Susan Fruen. Mr. Fruen: That's my wife, not me. I never received any. Chairman Orlowski: She signed for you. Mr. Fruen: I can tell you something right now, never received nothing unless therff was a babysitter or someone in my house, Idid not receive nothing..This Js the only exouse · ..(inaudible). Ghairman Orlowski: This is what we have to go by and when they are signed for, they are signed for. Any other comments? Mr. Bartolacci: In terms of an Article 78, do you do this or do we have to do this? Chairman Oriowski: That is up to you and it is based - Mr. Bartolacci: You're changing the Zoning Board decision now after the fact. In other words, after a public hearing. After the public hearing, the Zoning Board made a decision which was published. This is public knowledge and you changed that. Chairm_a_~n O_dowsk_i: That is something you will have to investigate. An Article 78 h~s to be filed after a decision is made. There is no decision made by this E~oard so, you would not file it. Mr. Bartolacci: Yeah, but it is your interpretation the decision. Chairman Orlowski: It's a Chairman's interpretation of his decision. Bartolacci: And that docu merit then is not public record to date before this public hearing, therefore, you are not going to close this section of the hearing, I assume. So, this hearing is go~ng to go on. Chairman Odowski: This hearing will go on and - Chairman Oflowski: In other words, we can't get closure on these subjects here ton ~ght? There is no closure tonight? Chades Cuddy, Esq.: Mr. Chairman, if I may, all of the issues that are being addressed today are essentially site plans issues, not subdivision issues. The site plan is goir~g to be the subject of another hearing, as started to say in the beginning, just in two Weeks. These matters are a concern for the people here. Then, they can appear. That has to do with the site plan; this does not have to do with the site plan. This has to do solely with the subdivision. Southold Town Planning Board Page Twenty-Three October 1,2001 Chairman Orlowski: As Mr~ Cuddy has said, this is a hearing on the subdivision par itself. The site plan part; which actually addresses the lot - or Lot #30 - that hearing be held on the fifteenth Of.this month. After discussion wi[h the Board, we have a resolution ready for Conditional approval on the subdivision. I could hold it up and n it or I could read it Off and, with cdnditions, you would all have a look at so, I believe ~,ould be better if we didl th.at right now, So, right now, I will entertain a motion to cio ihe hearing on the subdMs~on. Will t do it ;e Mr. Cag.qia'no: So move. Mr. Latham: Second. Chairman,.Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. I'll make the following resolution: WHEREAS, Laurel Links, Ltd. are the owners of the property known and designated as SCTM #1000-125-3-13, 15, 17 & SCTM#1000-125-4-21,24.1 & SCTM#1000-126-~-1 located in Mattituck on the south side of SR 25, west of Bray Avenue, north of Pecon~c Bay E~Oulevard and east of Delmar Drive and zoned Agricultural Conservation; and WHEREAS the owners have made an application to subdivide a 218.4 acre proper into a 30 lot subdivision of which Lot #30 is a golf course and Lots 1 - 29 are reside~ subdivision lots; and WHEREAS, the Southold Town Planning Board granted preliminary approval to the Laurel Links Subdivision on June 12, 2000, subject to conditions; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmen Quality Review Act, (Article 8, Part 617), declared itself lead agency and issued a Negative Declaration on March 6, 2000; and ¥ ~tial WHEREAS, all mitigation measures are incorporated into the design and the operational practices; and WHEREAS, the final hearing was closed on said subdivision application at Town Hall, Southold, New York, on October 1, 2001; and WHEREAS, the Final Road and Drainage Plans, dated January 18, 2000, have been reviewed by the Town Engineering Inspector and a Performance Bond Estimate was adopted by the Town Board on September 25, 2001; and Southold Town Planning Board Paqe Twenty-Four October 1,2001 :WHEREAS, the lots known and designated as SCTM#1000-125-3~13, 15 & 17 were ~included jn the total acreagefor the purposes of lot yield and are to be considered ~art of the g01f course parcel. Although SCTM#1000-125-3-13 is not shown on the final ~lat, t rem~ ns an integra part of the subdivisi0n as well'as the golf course site plan; and WHEREAS, a Declaration of Covenants and Restrictions will be filed with this plat, incorporating several conditions, including, but not limited to. the following: a) There shall be no further subd. Msion of any lot including Lot # 30, otherwise known as the golf course in perpetuity; b) c) The lots known and designated as SCTM#1000-125-3-13, 15, 17 shall considered part of the golf course and shall not be sold separately from #30; l That the emergency access from Peconic Bay Boulevard may be used for access only by emergency personnel and the superintendent and his family. The gates shall be locked at all times with extra gate keys for the superintendent and for emergency/fire squad divisions, as per memo of / Gerard Goehringer, Chairman, Zoning-B(~ard of Appeals, October 1,200il. The emergency access may not be used by construct on or ut ty vehic e~s and shall have a steel gate placed across it within 100' of Peconic Bay Boulevard, as per Zoning Board Decision #4624. No access shall be permitted to Birch Lane; d) That all utilities servicing this subdivision shall be underground; e) That the use of the open space noted on this plat shall be defined; That drainage swales as shown on the final road and drainage plan, alongside Laurel Trail, Laurel Court and Laurel Way, including those on ~Lots 1 through 29 shall be left undisturbed during and after residential construction; g) That this subdivision shall be sub.ect to the policies and procedures set forth in the following agreements or programs: Integrated Turfgrass Management Program, dated December 4, 1998 Groundwater Monitoring Agreement, dated October 2001 Stormwater Pollution Prevention Plan dated March 2001 h) That the building envelooes as shown on the final plan shall be interpreted as being the setbacks for all permitted structures whether principal or accessory; and WHEREAS, the Laurel Links Homeowner's Association, Inc. has been incorporated and its by-laws filed with the State of New York on June 22, 2001; and Southold ToWn Plannin.q Board Page Twenty-Five October 1,2001 WHEREAS the Planning Board has determined that a cash payment in lieu of a I~_~d reservation for park and playground purposes will be required as per Section A106 38(e) of the Town Code; and WHEREAS, the Suffolk County Department of Health Services has granted approw this plat subject to cOnditiOns (filed as Covenants and Restrictions Liber 12134 Pag, 934); and 'WHEREAS, the, Southold Town Planning Board pursuant to Chapter 58, Notice of Pub)ic Hearing has received affidavits that the applicant has complied with the Publ Hearing Nbtificati0n PrOvisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Sou' Wil! be in/et upon fulfillment of the following conditions of approval; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final appmw the surveys, dated June 6, 2001, and the Final Road and Drainage Plan, dated Jan 18, 2001, subject to fulfillment of the following conditions. All conditions must be mE Within six months of the date af this resolution for the Chairman to sign: The filing of a Declaration of Covenants and Restrictions incorporating the ter~ noted in this resolution. This Declaration must be reviewed and approved by t Planning Board prior to its filing; The Liber and page number of the filed Declaration of Covenants and Restricl shall be added to the 5 paper prints and 2 mylars of the final subdivision plat; A Performance Bond in the amount of $982,333.80 shall be posted and acce by the Town Board; ii to old on Jary ns ~e ions Led 4. An Administration Fee in the amount of $55,603.80 shall be paid; A Park and Playground Fee in the amount of $145,000.00 ($5.000.00 per residential lot) shall be paid; 6. Curb Cut Approval from the Department of Transportation; A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishings of its services and that aJ Jtilities are to be placed underground; A signed contract with the Suffolk County Water Authority shall be submitted to the Planning Board; Southold Town Plannin.q Board Pa.qe Twenty-Six October 1, 2001 9. That the owner's use of the Rail Road Crossing located between the golf course and the golf course maintenar~ce lot, otherwise known and designated as SCTM#1~00-125-3-13, is a matter between the Long Island Railroad and [he owner, and this subdivision approval shall not be construed as an approval to continued use Of the crossing; 10. That the Ownership of the waterfront parcel be: a) conveyed in its entirety to I'm not sure what that will be - I'm thinking it's D~lmar r Homet)wner's AssOciation. We can note that that will be changed so it will be going to whatever hame that association is right now. 11. That fencing around the drainage ponds will not be required as long as they remain privat!a property, Mr. Cremers: Second the motion. Chairman OrlowSki: Motion made and seconded. Any questions on the motion? Mr. Ca~:l.qiano: I would like to make a comment, Mr. Chairman. Chairman Orlowski: Yes. Mr. Ca.qqiano: On the resolved part, where we talk about whole conditions, on whereas c - we are talking about no access shall be permitted to Birch Lane - can we add that some sort of gate or some sort of obstruction be placed there to be sure that no acciess will be permitted? Chairman Orlowski: Very good. (simultaneous discussion) O.K. I will amend that to say no access shall be permitted to Birch Lane and a Unidentified Speaker: You keep saying Birch Lane here. Get it right. It's Birch Drive. Birch Lane is some other place. Chairman Odowski: I didn't write this so - Unidentified Speaker: I understand. You're reading what you're reading. Chairman Orlowski: No access shall be permitted to Birch Drive and a barricade shall be installed - Mr. Cremers: Landscaped. Chairman Odowski: Landscaped barricade shall be installed to fulfill this. Unidentified Speaker: They're not shifting over to make another lane - make sure that it stays the way, you know - non-passable. Southold Town Planning Board PageTwenty-Seven October 1,2001 Chairman Orlowski: Non-passable. You've got it. Any other questions or comments? Rearir~g none, ail those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. The following is the resolution, as adopted: WHEREAS, Laurel Links, Ltd. are the owners of the property known and designate~ SCTM#1000-125-3-13, 15, 17 & SCTM#t000-125-4-2% 24.1 & SCTM#1000-126-7 located in Mattituck on the south side of SR 25, west of Bray Avenue north of Pecc Bay Boulevard and east of Delmar Drive and zoned Agricultural Conservation; and WHEREAS, the owners have made an application to subdivide a 218.4 acre prope i~tO a 30 lot subdivision of which Lot #30 is. a golf course and Lots 1 - 29 are reside subdivision lots; and as hic ty itial WHEREAS, the Southold Town Planning Board granted preliminary approval to the Laurel Links SUbdivision on Juhe 12, 2000, subject to conditio, ns; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8, Part 617), declared itself lead agency and issued a Negative Declaration on March 6, 2000; and WHEREAS, all mitigation measures are incorporated into the design and the operational practices; and WHEREAS, the final hearing was closed on said subdivision .application at Town Hall, Southold, New York, on October 1,2001, and WHEREAS, the Final Road and Drainage Plans, dated January 18, 200(::, have beeh reviewed by the Town Engineering Inspector and a Performance Bond Estimate wa~ adopted by the Town Board on September 25, 2001; and WHEREAS, the lots known and designated as SCTM#1000-125-3-13, 15 & 17 were~ included in the total acreage for the purposes of lot yield and are to be considered part of the golf course parcel. Although SCTM#1000-125-3-13 is not shown on the final plat, it remains an integral part of the subdivision as well as the golf course site plan; and WHEREAS, a Declaration of Covenants and Restrictions will be filed with this plat, incorporating several conditions, including, but not limited to, the following: a) There shall be no further subdivision of any lot including Lot # 30, otherwise known as the golf course in perpetuity; Southold Town Planning Board Page Twenty-Eight October 1,2001 b) The lots known and designated as SCTM#1000-125-3-13 15, 17 shall be considered part of the golf course ane shall not be sold separately from Lot #30; c) That the emergency access from Peconic Bay Boulevard may be used for access only by emergency personnel and the superintendent and his family. The gates Shall be locked at all times with extra gate keys for the superintendent and for emergency/fire ,sqUad divisions, as per m~mo Of Gerard Goehringer, Chairman, Zoning~.Bba~d ef'A~PpeaJs; October 1, 2001'. The eme~'genCy access may not be used by c0nsti~dt, ibn or u~llity vehicles, anct~ shall hav~ a s~e~l gate placed across it w~t~m ~00 of Pe~!.c~Bay BoaleVard~ as per Zoning Bo;ard ~ec~st~n #4624. No a~e~S~sha'll, be p;e~i~te~J to E~irch DriVe'a~d ~']ahdscaP:ed~barri~cade 9hail be in,Ia'lied; d) That ali utilities servicing this subdivision shall be underground; e) That the use of the open space noted on this plat shall be defined; f) That drainage swales as shown on the final road and drainage plan, alongside Laurel Trail, Laurel Court and Laurel Way, including those on Lots 1 through 29 shall be left undisturbed during and after residential construction; g) That this subdivision shall be subject to the policies and procedures set forth in the following agreements or programs: Integrated Turfgrass Management Program, dated December 4, 1998 Groundwater Monitoring Agreement, dated October 2001 Stormwater Pollution Prevention Plan, dated March 2001 h) That the building envelopes as shown on the final plan shall be interpreted as being the setbacks for all permitted structures whether pnncipal or accessory; and WHEREAS, the Laurel Links Homeowner's Association, Inc. has been incorporated and its by-laws filed with the State of New York on June 22, 2001; and WHEREAS, the Planning Board has determined that a cash payment in lieu of a land reservation for park and playground purposes will be required as per Section A106- 38(e) of the Town Code; and WHEREAS, the Suffolk County Department of Health Services has granted approval to this plat subject to conditions (filed as Covenants and Restrictions Libor 12134 Page 934); and WHEREAS, the Southold Town Plan ning Board, pursuant to Chapter 58, Notice of Public Hearing has received affidavits that the applicant has complied with the Public Hearing Notification Provisions; and Southold ToWn Planning Board Pa.qe Twenty-Nine October 1. 2001 WHEREAS¢ all the (equirements of the Subdivision Regulations of the Town of Sou Will be met upon fulfillment of the following conditions of approval; be it therefore RESOLVED thatthe Southold Town Planning Board grant conditional final approw the surveys, dated June 6, 2001, and the Final Road and Drainage Plan, dated Ja~ 18, 2001, subject to fulfillment of the following conditions. All conditions must be me within six months of the date of this resolution for the Chairman to sign: The filing of a Declaration of Covenants and Restrictions incorporating the ten noted n th s resolubon. Th s Declaration mus. t be rewewed and approved by ti P ann'i~¢ Board prior [o 'ts f'ling; 2. The Liber and page number of the filed Declaration of Covenants and Restrict shall be added to the 5 paper prints and 2 mylars of the final subdivision plat; A PerfOrmance Bond in the amOunt of $982,333.80 shall be posted and accE by the TOWn BOard; 4. An Administration Fee in the amount of $55,603.80 shall be paid; A Park and Playground Fee in the amount of $145,000.00 ($5,000.00 per residential lot) shall be paid; 6. Curb Cut Approval from the Department of Transportation; A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility con: pany will make the installations necessary for the furnishings of its servicgs and that all utilities are to be placed underground; A signed contract with the Suffolk County Water Authority shall be submitted t~) the Planning Board; :hold 10. That the ownership of the waterfront parcel be conveyed in its entirety to the Delmar Homeowner's Association or whomever is the rightful owner; 11. That fencing around the drainage ponds will not be required as long as they remain private property. IS le That the owner's use of the Rail Road Crossing located between the golf course and the golf course maintenance lot, otherwise known and designated as SCTM#1000-125-3-13 is a matter between the Long Island Railroad and the owner, and this subdivision approval shall not be construed as an approval to continued use of the crossing; ons ed on ~ary Southold Town Planninq Board Page Thirty October 1,2001 Chairman Orlowskk This hearing on the fifteenth will be op the site p an. The site ptan COnsiSts ef Lot #30. It is a hundred and fiftY seven acres. It will be here. Thank yo~ ¥or coming. _M~JO~AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SEN OFF A~PLICATION$ Final Determinations: (~hairman Orlowski; Rushin/Mottle¥ - This proposed set-off is for 2 lots on 3.42~8 I acres; ~he property, contains 2 exist ng dwe lings and is located within the R-80 Zor~ing Distd~t.'Area v;aria~ces with respect to lot lines, lot size and setbacks of existing l buildings have been granted by the ZBA. The property is ocated on the south s de~)f Indian N~ecE Lane in' Peconic. SCTM#1000-86-7-5 What is the Boards pleasure on this? Mr. Caq.qiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed set-off is for 2 lots on 3.4218 acres, each with an existing dwelling, located on the south side of Indian Neck Lane in Peconic; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, S0uthold, New York on September 10, 2001; and WHEREAS, conditional final approval was granted subject to submission of two mylars and five paper prints stamped with Suffolk County Health Department approval; and WHEREAS, said mylars and paper prints have been submitted; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated February 2, 2001, and authorize the Chairman to endorse the maps. Mr. Cremers.'. Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion cames. Southold Town Planning Board Pa.qe Thirty-One October 1, 2001 Chairman Orlowski: John Sidor- This minor subdivision is for3 lots on 21.97 acres. The Development Rights were pumhaSed by.the Town on the 13.296 acres of LotNo. 31 The, pmpe~7 fronts on the north side of CI~ 48 and the south side of Wickham ACe. in '~attitScl4. SCTM#1000-107-10-6 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS,, the fi?l surve~v dated. March 7, 2001, for the John Sldor M nor SubdIvision, Was.ehd0r~e8 I~y'~he Plan'r{in¢ Board Chairman on June 11, 2001; and WHEREAS, as per a letter ftom Abigail ,'_Wickham Esq,, dated September 20, 20011, the maps we~-e, not ¥iled at the County Clerk s Office due to delays with the title company/; be it (heCefoce RESOLVED that the Southold Town Planning Board authorize the Chairman to re- endorSe the final surveys dated March 7, 2001. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Catherine Sidor - This proposal includes 2 lot line changes and a clustered set-off. The lot line changes are to subtract 33,273 sq. ft. from 'the original 21.06 acre parcel and to add 13,172 sq. fit. to an adjacent parcel to the west and 20,101 fit. to an adjacent parcel to the east. The lot to be set off is 0.966 acres. The ~ sq. Development Rights were purchased by the Town on the remaining 19.347 acres. ~he property fronts on the north side of CR 48, the east Side of Mary's Rd. and the soutt~ side of Wickham Ave. in Mattituck. SCTM#1000-107-10-1,3 & 4 Mr. Cag.qiano: Mr. Chairman, I'll offer the following: WHEREAS, the final survey dated March 7. 2001, for the Catherine Sider Set-Off/Let Line Change, was endorsed by the Planning Board Chairman on May 29, 2001; and[ WHEREAS, as per a letter from Abigail Wickham, Esq., dated September 20, 2001,1the maps were not filed at the County Clerk's Office due to delays with the title company; be it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to re- endorse the final surveys dated March 7, 2001. Southo d Town P ann n.q Board Page Thirty-Two October 1,2001 Mr. Cremers: Second the motion. Chairman Orlowski: MotiOn made and seconded. Any questions on the motion? All thbse in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. SITE PLANS Extensions: Chairman Orlowskil Richard Corazzini - This site plan is for a 2,520 sq. ft. storage building at an existing asphalt company. The property is located on Cox Lane in Cutchogue. SCTM#1000-84-1-26.2 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board grant a retroactive extenlsion of site plan approval from April 6, 2001 to November 6, 2002. Site Plan approval was granted on April 6.1998. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Cagg~ano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. There is nothing left on my agenda. If anybody would like to talk at the meeting and put anything on the minutes, be my guest. If not, I'll entertain a motion to ~adjourn. (No one asked to be heard.) RECEIVED~ Mr. Cremers: Second. ~.~._~ ~', ,~/~~' There being no further business to come before the Board, the meeting was adjourni~d~'~o~r" (:~ ~, B-en"~tt QFrlow~ Jr., Cha~rn~n Respectfully submitted, ~ Carol Kalin Barbara Rudder