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HomeMy WebLinkAboutBrecknock Associates Amend.#118THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 20, 1983: WHEREAS, a petition was heretofore flied with ti~e Town Board of the Town of Southold by ..l~Ff~f;~.t~(~q~...~:!.~lJ~ ......................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A" Residential "M" Light Multiple lng from .-..and..Agri~;ul~ur. al. ....... District to ......... R.esidence ................ District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ..... 9.1~b ......... day of November 19..~.~..., and due deliberation having been had thereon NOW, THEREFORE, BE [T RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED, AND BE IT FURTHER RESOLVED that this change of zone is subject to the taking effect of a resolution adopted by the Town Board of the Town of Southold, subject to a permissive referendum which resolution authorizes the execution of a certain Amended Grant of Scenic Easement from Brecknock Associates to the Town of Southold. DATED: December 20, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY ~" SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 118 NOTICE IS HEREBY GIVEN that al a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 20th day of December, 1953, the Town Board enacted the following amendment tO the Town Code entitled "Code of the Town of Southold" ·together with the Building Zone Map forming a part thereof as follows, to wit: Amendment No. 118 amends the Code of the Town of South- old by changing from Residential and Agricultural property of Brecknock As- sociates situated at Greenport, Town of Southold, Suffolk County, New York, and more particularly bounded and described as foUows: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of $chofield and Mc- Intosh, and is the following two courses and distances from a monument located on the northerly side. of North Road (State Route 23): (1) North 11° 31' 10' West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; ru~ning thence Irom said point of beginning along land of Schofield and McIntesh, South 65° 4T 10" West 213 37 feat to a point; thence through land el Brecknock Associates the fol- lowing two courses and distances: {1) South 65° 47' 10" West 330.84 feet; and (2) South 58o 36' ~0" West 765.20 feet to land of Jam Realty Corp.; running thence along saidlast mentioned land the following four courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North · 65° 07' 50" East 367.40 feet; (3) North 32' 28' 10" West 982.87 feet; (4) North 32'. 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark oI Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25' 16' 36" East 39~.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42' 36' 45" East 169.85 feat; (5) North 57° 59' 35" East 18fl.6fl [eot; (6) North 41' 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and distances: (1) South 30- 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65' 25' 3o- west 278.65 feat; (4) North .4° 08' 10" East 59.64 feet; (5) North 59° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85' 31' 50" East 2~0.00 feet; (5) South 24° 34' 30" East 1,310.00 feet; (9) South 10' 30' 50" East · 269.45 feat Io the point or place of BEGINNING. Containing 74.53 acres. DATED: December 20, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK ITJ5-4456 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) JUDITH A CHIEN ofGreenport, in said County, being duly sworn, says that ho/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which tho annexed ia · printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 5th dayof January 19 84 Principal Clerk Sworn to before me this JOAN N. MAGEE day o~nuary-~ NOTARY PUBLIC, STATE OF NEW YORK NO. 52-4505858 IJALIFIED IN SUFFOLK COUNIY coMON~,SS,ON £XP,RES MARCH 30. 19~-~ 5th NOTICE OF AMENDMENT ?O TOWN CODE AI~F_.N~MENT NO: 118 , NOTICE IS HEREBY GIV- EN that at a meeting of the To~n Board of the Town of S~uthold, Suffolk County, New Yo~t, held on the 20th day of December, 1983, the Town Bo'ard enacted the fellowing amendment to the Town Code entitled "Code of the Town of Southold" to~ether With the Building Zone Map forming,a part thereof an follows, to ~4t: Amendment No. 118 am- ands the Code of the Town southold by chan~ng f~m "A" Residential and Anricul. rural District M "M" light. Ivhthip~e Residence Dis~ict the prot~ty of B~eckneck snciates.~t~ueted at Greenport, Town of Soothold, Suffolk, County[New York, and more, particularly botmded and de- scribed herein, which point is the northeasterly corner of land of $chofield and bicl~- tcoh, end is the following two a mom~ment I:o c ·'~',e d on IMad (St6~' Rou~e~ZS): (1) t*p tth n 1o-w',M 21o.oo bestnntH~ialong fal~6f Soho- 47' 10'~ Wem~213.~/~et,m.a than~ land of point; Bcecknock Aide-'hit,s tim fol- lowing tW~ e~trses and' dis- tances: (1) mg'uth 65° 4~7' 10" West 330:~4 feet; ~nd (2) .Sooth ¥j,4o' We, ?65.20 feet t({~of Jem Realty Corp.;~{~ilng thence along said last mentioned land the foHowtnk Bur courses' and distances: (1) North 41° 39' 10'* West.=5OS.36 feet; '(2) feet; (3) rth lO West 9~.l~/.~f~et; (4) North m the o .r~.. high~?'~vater · r_t of U' i lan Sound; theneg'aJo~g~ ordinary high water mark ~9~ Long IMand Sound seven courses and dis- tances as ~ollows: (1) North 44° 12' 35":E~t 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North Sg° 57' 15" Ea.~t 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East I88.68 feet; (6) North 41° $1' IS" East 322.22 feet; thence (7) North 31° IS' 06" East 8,3.73 feet; thence through land of Brecknock Associates the following nine courses and distances= (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° ~4' 30" Es~t 1,310.00 fe~t: (9) South 10° 30' S0" East 269.45 feet to the point or place of BEGINNING. Con- mining 74.53 acres. DATED: December 20, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLLRK 1T-1/5/84(7) COUNTY OF SUFFOLK ss: STATE OF NEW' YORK Potricia Woo<l, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHA4AN, a public newspaper printed at 5outhold, in, Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- / man once each week for ........................................ weeks successively, cammen¢in~ on th~ .................................... Swam to before me this ................................ day of STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: ,JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years: that on the 22nd day of _~)_acamha~ 19_83 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office, Hain Road, Southo]d, New York 11971 Legal Notice - Notice of Amendment to Town Code, Amendment No. 118 - Brecknock Associates - "A" Residential and Agricultural District to "M" Light Multiple Residence District. Judith T7 Terry Southold Town Clerk Sworn to he before me this da5' of Docomh~r 1983 ff Notary Pub/i~/ ~B~H ~N NEVI~ ~T~ ~C, ~te M New Y~ ~ ~1~, Su~lk ~u~/ T~ ~ March ~, 19 ,~ Page 2 - Amendm~.,t No. 118 Brecknock Associates feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) North 41° 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and distances: (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" Est 1,310.00 feet; (9) South 10° 30' 50" Est 269.45 feet to the point or place of BEGINNING. Containing 74.53 acres. DATED: December 20, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 5, 1984, AND FOWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHO/D, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Van Tuyl Land Surveyors Richard F. Lark, Esq., on behalf of Brecknock Associates LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 118 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 20th day of December, 1983, the Town Board enacted the following amendment to the Town Code entitled "Code of the Town of Southold" together with the Building Zone Map forming a part thereof as follows, to wit: Amendment No. 118 amends the Code of the Town of Southold by chaning from "A" Residential and Agricultural District to "M" Light Multiple Residence District the property of Brecknock Associates situated at Greenport Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of Schofield and Mclntosh, and is the following two courses and distances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and Mclntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following four courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 Page 2 - mendment No. 118 Brecknock Associates feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) North 41° 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and distances: (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" Est 1,310.00 feet; (9) South 10° 30' 50" Est 269.45 feet to the point or place of BEGINNING. Containing 74.53 acres. DATED: December 20, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 5, 1984, AND FOWARD ONE (I) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long ~s~and Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Van Tuyl Land Surveyors Richard F. Lark, Esq., on behalf of Brecknock Associates JUDIT[I T. TERRY OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 $outhold. New York 11971 TFLEP[[ON~ December 22, 1983 Van Tuyl Land Surveyors: Please update the Southold Town Zoning Map and forward to me three (3) new sheets. Thank you. Judith T. ~Terry HENRY E. KAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH[E LATH.SM, Jr. WILL[AM F. MULLEN. Jr. S~~Y Southold. N,Y. 11971 TELEPHONE 765-1938 December 8, 1983 Mr. John Nickles Box 56 Arshamomaque Avenue Southold, NY 11971 Dear John: This letter is to reaffirm the Planning Board recommenda- tions of July 11, 1983 pertaining to Brecknock Hall. The creation of twice the open space through easements, convanented and restricted with a total density of not more than 350 units, has been the result of almost a one years negotiation by our board and Mr. Leo Wolowitz. We feel confident that this project should come to a satisfactory conclusion for Southold Town and the developers. Hoping this answers your questions. Very truly yours, Henry Raynor Chairman cc: Councilmen Dick Lark Planning Board PUBLIC HEARING SOUTHOLD TOWN BOARD 8:00 P.M. November 9, 1983 IN THE MATTER OF THE PETITION OF BRECKNOCK ASSOCIATES FOR A CHANGE OF ZONE FROM "A" RESIDENTIAL AND AGRICULTURAL DISTRICT TO "M" LIGHT MULTIPLE RESIDENCE ON CERTAIN PROPERTY AT GREENPORT, TOWN OF SOUTHOLD. Present: Councilman Francis J. Murphy, Deputy Supervisor Councilman Lawrence Murdock, .Ir. Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent: Supervisor William R. Pell, III Councilman John J. Nickles COUNCILMAN MURPHY: This is a hearing on a proposed change of zone by Brecknock Associates. Councilman Townsend will read the official notice. COUNCILMAN TOWNSEND: "Notice of Hearing on Proposal to Amend Zoning Code. Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held at 8:00 P.M., Wednesday, November 9, 1983 at the Southold Town Hall, Main Road, Southold, New York, on proposal of Brecknock Associates to amend the Zoning Code (including the Zoning Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "M" Light Multiple Residence District all that certain plot, piece or parcel of land, situate, lying and being near Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of Schofield and Mclntosh, and is the following two courses and distances from a monument located on the northerly side of North Road (State Route 25): (I) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and Mclntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47" 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following four courses and distances (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16~ 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36~ 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) North 41° 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates Page 2 - Public Hearing - ~recknock Associates the following nine courses and distances: (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" East 1,310.00 feet; (9) South 10° 30' 50" East 269.45 feet to the point or place of beginning. Containing 74.53 acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. Dated: october 18, 1983, Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from Patricia Wood of The Long Island Traveler-Watchman, and Joan Gustavson of The Suffolk Times, and affidavit from Judith T. Terry, Town Clerk, that it was posted on the Town Clerk's Bulletin Board. I have a letter from the Southold Town Planning Board, "Dear Mrs. Terry: The following action was taken by the $outhold Town Planning Board on Monday, July 11, 1983: Resolved that the Southold Town Planning Board recommend approval of the change of zone from "A" Residential and Agricultural District to "M-I" Light Multiple Residence District on certain property located in Greenport, with regards to the petition of Brecknock Associates, with the condition that the density for this area be restricted to no more than 350 units." And what I believe he means by that is the total area is not to be. Not just on the specific piece that he's talking about. We can verify that. That letter was signed by Henry E. Raynor, Chairman of the Southold Town Planning Board. There is a letter from the Suffolk County Department of Planning, "Dear Mrs. Terry: Pursuant to the requirements or Section 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on October 5, 1983 reviewed the above captioned application and after due study and deliberation Resolved to consider it a matter for local determinaiton. Very truly yours, Lee E. Koppelman, Director of Planning." COUNCILMAN MURPHY: We've heard the official reading of the notice. Dick, I believe you are the attorney. RICHARD F. LARK, Attorney, Main Road, Cutchogue, New York: I am represent- ing the co-petitions Brecknock Associates and Leo Wolowitz. You have before you a petition that was sworn to on the 1st day of June, that was filed with the Town Clerk, and then accordingly you have sent it out to the Planning Board, which in turn, under the Suffolk County Charter, had to send it to the Suffolk County Planning Commission. And you have those reports before you. I won't belabor you with all the contents of the petition, except maybe to highlight it, because you do have that before you and you will have that to read. Most of you are probably fairly well acquainted with the property which is known as the Brecknock Hall property, and it takes its name from the large three story building in the business zone, which is there today. Generally as you know, the property is bounded on the north by the Sound and on the east (indicating map), it doesn't show it here, but it's Island's End Golf Course, and on the south you have the Main Road and the business area on the west. It's a tract of land that used to be the Rath parcel, it's now owned by Jem Associates or Jem Realty or some such name. The property is essentially vacant. The reason for this exhibit right here is not only to acquaint you with it, but this is what the existing zoning is on the property. I think that's important for everybody to understand. On the east, where I have the pointer, all the property, including portions of the pond on the property, is zoned light multiple. The balance of the property, which is the subject of the application, coming along the north end of the business zone, along Jem Realty to the Sound, is zoned "A" Residential as it's show on there on the map. This evening, due to the size of the room and everything, and it's been a long day I know for you all on the Town Board, so I'm going Page 3 - Public Hearing - urecknock Associates to try to keep this fairly well concentrated, I'm going to speak and just cover generally what's involved not only from a legal point of view, but from the planning point of view, and then I'm going to turn it over to Mr. Robert Manniello, who is a Landscape Architect, and he will e×plain the nuts and bolts of the proposition and how it was derived. I want you to keep in mind that what we're doing here is mainly a realignment of the zoning from what is to what the Planning Board and the rather expensive planning machinery we went through, tells us should be. And then, afterwards, I would invite questions from the Board or anybody in the audience and that might be a better way to do the presentation, by asking or answering questions, with both Mr. Manniello and I being equipped to do. Moving along now, as I say I won't belabor the petition because you do have that in front of you, but as indicated in the petition, one of the co-petitioners is Brecknock Associates, which is Gus Schad, and Mr. Schad has owned this property since April of 1969, and it's been his belief for a long period of time that the only way to develop this parcel of land is with a multiple dwelling concept. If you will recall, the Town Board and the planners agreed with that concept back in 1971 when we had our last revision to the zoning ordinance, and what they ended up doing is what you have on that map there today. They ended up zoning 57.5 acres, which I've just covered, which encompasses from this point on over to the golf course, of which was burdened an agreement between the owner, meaning Mr. $chad, and the Town, a Scenic Easement of 19.2 acres, which you see on there. Leaving then a buildable area of 38 acres. The rest of the property was left in "A" Residential zone, which is portrayed on that. That is just merely to show what can be done with the property under the zoning ordinance as it exists today. That's what can be built there and that's how it would lay out, and that's the problem, that's how it would lay out, and that's how we got involved with what you have before you. As you can see, the multiple dwelling unit area only has 400 feet along Long Island Sound, and roughly, as you see, it borders on the golf course, Island's End. Then roughly going through the center of the property from the north to south orientation you have the Scenic Easement, which was designed primarily as a buffer area, no building zone, an open area, greenbelt, if you would, any one of those numerous terms that you hear, portions of which include the fresh water pond on the property. Under the existing code we have today we have an allowable density in a multiple use district of 6500 square feet of land for each dwelling unit. Therefore, when you do the mathmatics that property today can yield 385 multiple dwelling units, which is a density of 6.7 units per acre. That's nothing new, that's in the code, that's what we have today with us in the Town. The problem with this, of course, is if you wanted to build it that way, and the if is the big problem, which leads us here today. It's fairly obvious, even to the novice in this business, that if you built it this way, although it might be very profitable to an owner, it's going to end up with and overcrowding of the property due to its configuration and its relationship to the water, the golf course and you don~t have a rectangular piece, it's an odcl shaped piece, and this overcrowding under todays planning concepts is what's been bothering Mr. Schad for a long period of time. Back in 1971 when that was done and the concept was fairly health at that point because you had, what, a hundred acres or so to the east which was devoted to a golf course, hopefully no building, no development, and then by putting the Scenic Easement on the other side of it the planning was in the 60's and early 70's as you tried to concentrate in high density zones your multiple units, but that has become somewhat antiquated, that planning concept, as I understand it, from both the municipalities and people who do things like master plans and landscape architects, land design people, and so on and so forth. They don't feel that that's real good planning. From an aesthetic point of view, as I said, it's bothered Mr. Schad for a number of years and he has sought many many ways of trying to develop the property with the zoning as it is and he comes down to no matter Page 4 - Public Hearing - ~recknock Associates how he does it and how much money he spends, and who he retains to do it, you end up with the configuration very analogis to what you have on the board, and you can see you end up with 385 units if you used the maximum yield in the multiple dwelling, and then if you maximum yield the "A" Residential District you'd end up with 35 two acre or 85,000 square foot plots, so you end up with a density of 420 units on the property as it is presently configured. It was felt by Mr. Schad that that just wouldn't go and he spend, as I said, in the early 70's and mid 70's a considerable amount of money and discussed it with the Planning Board on various times as to what to do and what not to do, but the bottom line, no matter what he did, he just didn't like it. So he felt then, as he does today, that due to the overcrowding and the squinchiness of it, that putting units on top of one another, as you can see there is virtually no space between the units. It legally conforms, but that's what you get. And he said, no way, I'm just not going to be involved with developing it this way, so he decided on an alternate approach about 1978, 79 to see what he could do with it, and this proved to be a very time consuming task, because he is not a builder himself, not a developer either, and yet he wanted to see something done for this property that was going to be an asset, so he began looking around for somebody who would build it and who would do it right, and finally, about a couple of years ago he ended up with a fellow by the name of Wolowitz, who I'll introduce to you, from the Wolowitz organization, because he could find people who had pie in the sky dreams, but he couldn't find anybody who had the e×perience to put it together because along with the concept that he had that he had to spread this thing out, not keep it so dense there, and to do the right thing, it came to-- the more and more people he talked to, the experts, the more and more it became apparent that he had to have substantial amenities, and by that I mean club house, tennis courts, pools, those things that go, because the experts in the market research that he did to~d him that the condominium concept was the way to go for the property. But the more and more he got into it the more and more he found that the units would have to be larger if it was going to be properly marketed, it would have to be marketed in the secondary home type situation, and he spent considerable amount of money researching this to see what would happen. And the other thing he found out, which is kind of interesting, that I hadn't realized, that if it was going to be done, it would have to be done in an orderly process over a period of anywheres from two to five or six years. It couldn't drag out over a ten or fifteen year period of time, it just wouldn't go, it would end up as a ghost town type concept. If it was going to go it had to go. So therefore he took somebody with the experience, with the capital, and the know-how, whicl~ is the most important thing, to hook up with to present something to go forward with the property. As I said, ~nally a couple of years ago he found someone. Mr. Leo Wolowitz of tl~e Wo~owitz organization who liked the property and turned it over to his land planner, who is Mr. Manniello, to see what he could do with the property to properly developing it, to see if it woul~t not only be economically feasible, but it could come out and do and make a nice plan. And together Mr. Mannie~lo and Mr. Bloom came up with some ideas which you will hear from shortly. As I indicated to you, and is covered by the petition, there wasn't enough land, and as I indicated the 38 actua~ buildable acres devoted to satisfy the concept of what has to be done here, and further, as I indicated, the units had to be spacious and they had to have an open air feeling which means they needed land and open space around the units them- selves to be economically successful, because there's no sense in building some- thing that's going to end up as an economic disaster, because then you end up with nothing but foreclosures and the Town and everybody else ends up with the problem. So Mr. Manniello, who was retained by Mr. Wolowitz, went to the Page 5 - Public Hearing - ,~recknock Associates Planning Board to see what they had in mind for the property, and after considerable period of time and negotiations and discussions they derived on that there should be a total cap to the entire project, the entire development there, of 350 units. But again that presented a problem, because the Planning Board wanted to limit the entire property to 350 units and they wanted to have a lot of open space. They wanted to double the open space, they wanted to double the Scenic Easement, they wanted to double the space around the units, and we started to get into some legal problems, and hence that's where I came in to the picture and was retained to help them out. The reason being because the code as it is presently enacted does not have what the Planning Board wanted. They wanted to transfer development rights, they wanted to do it as a planned unit development, where you view the overall property and you could put whatever you want. Our code doesn't permit that. So, therefore, it became a legal problem as to what to do. Finally it was decided--the Planning Board decided one other thing in conjunction with the experts--that the orientation there was no good. That is basically a north-south orientation, if you note the Sound being the north, the street, Route 25 being the southerly, and it basically was layed out from a density point of view and from a planning point of view that you go from zero density at the golf course to a very high density to zero density in the Scenic Easement and a light density in the residential. In other words, on the north-south type of situation the slice is going that way. The Planning Board and Mr. Manniello and Mr. Bloom, they decided it should be an east-west orientation. In other words you start at the Sound as your zero area, you work then from the bluffs back for a certain distance as having your density area, then your greenbelt is an overall zero, then you end up with the business area and the roadway picking up its normal situation. So they evolved the concept that the property orientation of the dwelling units had to be shifted, it had to be moved in an east-west, and what Mr. Manniello is putting up right now is what the concept boiled out when it was all done. In other words, that they did, as you can see there, they accomplished a couple of things. They limited the units to 350, which is what you have portrayed there, and they shifted it--they spread it out from the golf course where they were all--if you remember the prior one, they were all densely in here, they spread it out over there and then spread it out up onto the Sound bluffs and back, utilizing the existing features of the existing ponds and the lake there, and that's how they did it. And by doing that, by going from their concept was, as I understand it, you have the Sound, then you have your units, which is the denser area, then you have the zero over here on the golf course, and then what you do is you buffer it with this Scenic Easement over in here and then keep the units away from the roadway, away from that, keep them up towards the Sound. So that apparently--and that concurred with Mr. Manniello and I also understand he talked with the Town planners Raymond, Parish, Pine and Wiener and they concurred with that generalized concept. However, that concept which the Planning Board and the planners came up with presented legal problems, because as I indicated to you, it now meant an overflow of the multiple units into the "A" Residential zone and you can't do it under our code without a change of zone. So the Planning Board then came back and said, well the only thing you can do is to petition the Town Board for a change of zone and then with that type of concept you would covenant to build, with an existing covenant of 350, and of course increasing the Scenic Easement area which I'~1 come to here in a moment. So that's basically how this thing evolved, and that's the reason why we're before you. You have 132 acres involved here from the road- way over here by the golf course, coming up behind Schofleld-Mclntosh, which Page 6 - Public Hearing - _.-ecknock Associates is this out parcel here, not owned, and then coming across over here. From this point on you have 132 acres--from that point to the Sound. So what the Planning Board proposed was to limit to 350 units, and when you do the mathmatics, that yields a density of 2.65 units per acre for the entire parcel of land. As I indicated to you they were not content with that because they wanted to make sure that they doubled their open space and the way to do it was to expand--to terminate the existing easement with the Town and create simultaneously a new one. The existing easement had 19.27 acres, which you saw before. The Planning Board, the way this thing worked out, along with the planners, moved it to 37.92 acres. Now, it really doesn't show up on this, but what the Scenic Easement does--you can see the line--it runs along, starting on the Main Road, running in a northerly direction, it runs up here, comes up, takes in this proposed pond here, and then comes around back like this and over. Now the reason for the oddball configuration on the metes and bounds basis, is they wanted to make sure that nothing would come close to being built in it, and you can do all the plans you want, but for those who have been in the building and contracting business, when you go to the field things kind of move on you a little bit, so they like doubled the buffer space here in case something had to move back 15 or 20 feet one way or another. So that explains the oddball configuration. And then to make sure that the kept the pond from ever getting developed, they put a Scenic Easement around the pond so it runs from the Sound back, around the pond, and you see that line right there, so nothing could ever encroach or be built on there, so what happens you end up with 37.92 acres, including those two parcels of land, and I wanted to explain that oddball configuration, why he just didn't draw a straight line, that was done with design, because I'll explain it to you in a moment, but the Scenic Easement it as no no, you can't build anything in it, except lateral roads and stuff like that for access. And the Planning Board accepted the main road as it came in and did not even want tranversal roads going across it, so that's why you don't see anything. The road plan there on that site plan the Planning Board pretty much endorsed because that met with the requirements that they wanted and the planners felt it was good planning and they in turn, of course, in conjunction with the Planning Board, that's how that was evolved. So the net effect then is to increase the buildable area in the multiple dwelling zone from that 38.28 acres I told you about before, to 97.16. That's what happens with all this messing around here. This portion here, which is the buildable, from there over, with the exception of the pond here, is all buildable property now. And that gave him the openness that they could spread the units out and create bigger units. That wa~ the thought that went into that to give them more land to work with and yet get more open space and not have what you had in that other configuration with unit on top of unit on top of unit. $o what you have in effect then is a realignment of that multiple dwelling to along the Sound, with a covenanted cap of 350 units so instead of having a potential of 400 dwelling units, which you had on the same acreage before, you have now only a potential of 350. Another thing you should keep in mind, unfortunately or fortunately, this is going to be the first of two hearings, because if the Board, the Town Board decides to go along with the realignment of this zoning by approving it, you're going to have to have another hearing on the Scenic Easement, because--I want to talk about the Scenic Easement for just a second, because I think it's important because in the planning after I got involved there was a lot of misconception. Attached to your package, which you'll have to review--the petition, is Exhibit 6 which is the proposed Scenic Easement. Now, that is put on the land by the land owner, but it is not covenant and restriction in the sense that it's just between the land owner and the land. It's actually signed and approved by the municipality, which in this case is the Town Board, and it can only be changed, modified, or anywhere altered, only with Page 7 - Public Hearing - ~recknock Associates the approval of the Town Board. So it's something that's forever, unless the Town Board decides. Now, the Planning Board felt big on this for the simple reason that this would ensure them, as planners, that this area here would stay as it's depicted, and there wouldn't be an application a year down the road to come in and well, let us have 20 more units over here, it isn't going to hurt any- thing, or we want to take some units down here, we don't like them, and put them over here. This was deliberately put in this area because it could have been put over here for that matter, but they decided that that was the place to put it and they wanted to make sure that it would stay there, and the Scenic Easement is a grant under 247 of the General Municipal Law, and as I said, it only can be changed with the consent of the Town Board, and it's still owned, it's private property, it's still owned by the land owner, it doesn't become public park, or public domain, it just can't be built upon. There's other things that can't be done in there besides not erecting any buildings. There are certain things you can do in there. You can put up fencing around the perimeter, you can allow--as you see there's a little roadway that comes in there--also you can allow--and I'll come to that in a moment, but you could allow a tertiary treatment plant. What's in here is the same uses as are in the existing Scenic Easement that you presently have on that strip o~f land which I showed you before, which was 19.2 acres. You're not allowed to cut trees except if they're diseased or dead, you got to keep it in the natural state, except for landscaping and maintenance, mowing of grass and cleaning and removing debris. You cannot remove topsoil or gravel, you can't use it as any type of a mining operation. In other words, it's generally to be left open. This particular builder wants to create some equestrian trails which the--bridle paths if you would-- which the Planning Board thought was a good idea, and those types of permissions. are in there, but it's quite restrictive of what you can or can't do in that particular area. The only other covenant that you should be aware of and I'll touch on, that would be proposed with this project, other than the 350 which as you read from the Planning Board, that's also in here as Exhibit 7, that it was felt by the Planning Board and by the planners that there should be, just to make sure with the condo- minium concept--that there should be a 50 foot minimum along here, a 50 foot, so they have provided for a covenant there, that you can't put the building closer than that. You should be aware of that. But other than that, that I'm told, as you see it there--he's labeled it as master plan for the site--is what can be built under the existing code providing that there is a change of zone to realign the multiple with what you had. I've generally outlined what's entailed here and I mainly covered it from the legal technicalities, but showed you how it evolved. At this time I'd like to introduce to you Robert Manniello. He is probably--he and the Planning Board and to some degree the Suffolk County Planning Commission-- are the ones that kind of put this together and of course he received direction, but it's his product, it's his work product, so I don't like to talk too much about it, and let him do it, because I think he came up with a pretty fine plan. I have here for the Board's perusal and I'll leave with them, what we refer to in the legal business as his pedigree, and I won't read it all, but generally Mr. Manniello is a partner in Land Designs Associates, which is a professional partnership of land- scape architects, and he's been in the business for some time, graduating from the University of Pennsylvania back in 1965, and he is licensed to practice his profession in several states, New York being one of them, and he's had a considerable amount of experience, so this isn't his first project. This isn't a student project by any means, so I'll leave you his pedigree without dwelling on it and I~ll turn it over now to Bob, if he would. Thank you. Page 8 - Public Hearing - _recknock Associates ROBERT MANNIELLO, Landscape Architect/Planner, Land Design Associates, 91 Green Streetw Huntington, New York: Thank you, Dick. Good evening. We have an extensive presentation tonight, but I think we're going to kind of cut it short if we can, because of the cramped space and because of the situation that we do have, everyone has had a long day, I'm assuming. Before I start I'd like to e×plain a little bit about the philosophy that a land planner or a landscape architect, a licensed professional in this field, really goes by, and the approach that we took in analyzing this piece of property, as is the approach we take when we analyze any piece of property, whether it I~e 100 acres, 20 acres, 200 acres. And this is an environmental approach. It's examining the physical features of any piece of property, any tract, regardless of the uses that are proposed for it, to determine what may best be placed on this property and how the placement of those uses, whether they be residential housing, or whether they be industrial uses, commercial uses, recreational uses, or the like, how they can I~est be fit into the natural configurations of the land, both in terms of topograph, water shed analysis, soil conditions of the property, exposure, and in this case we do have some very exciting and dynamic views of I_ong Island Sound to the north. As Dick has mentioned, some of the maps may be a little different. North is to your right, or to the Sound side on the particular master plan. In this particular case north is generally up on the model. I don't want anyone to get confused. 25A is to the south in all cases, which is to the left on this particular drawing. The total site that we're dealing with is 144 acres. 133 of those acres are the-- is the subject of the application that's being proposed this evening. Twelve of those areas are an existing business zone which fronts on 25. I've been involved in this project about two years. When Mr. Wolowitz first approached me he didn't specify any particular use or program other than the fact that the property was presently zoned residential in nature with different density uses on it. He asked me to analyze the property and the program and the area, the region, the zoning certainly, and the requirements of the Town of Southold in terms of what may or may not be built in the area, and to determine what I felt, as a professional, what my office felt, would be the best use for this property. Essentially we determined that a recreational, second-~home community, of the type similar to what you see on this preliminary master plan, is what we woulcl have proposed. We pursued that with the Planning Board and we had numerous meetings with the the planning staff and with the Planning Boardt a number of meetings with your planning consultants during their initial studies of the review of the Master Plan for the Town, and generally we were given very positive commitment in terms of proceeding. Dick has mentioned a number of conditions that were placed on us when we first became involved. The Planning Board was very strict on limiting the density of the site, which could have yielded, at one time, 446 units, down to 350 as has been mentioned. Because of that compromise other things had to be introduced into the plan. The plan had to tal~e on--the project had to take on a luxury concept, and we're talking about a luxur~ second-home community. These units will sell for bottom $175,000 up to $250,000 ran§e. We have a very very ambitous amenity package which has been proposed. It includes a club house concept, indoor-outdoor swimming pools, a number of tennis courts, eight in number, an equestrian center, a variety of recreational passive and both active recreational areas throughout the project, and of course, a waterfront which is spectacular waterfront in its own right. We donTt intend at any time to impact the waterfront with any type of construction. The only uses that we had programecl for the waterfront is a ~shing area to the west of the property along its frontage, a beach area to the east of the property and a little road access down to an existing spot, and those people who know the site know there is presently a small little parking area down there which would facilitate small vehicles to come down to drop off small boats, for example, rubber rafts or supplies or that sort of thing. We have shown on here what we call dinghy racks for small boat storage. These would be the kind of portable dinghy Page 9 - Public Hearing - Rrecknock Associates racks that are often set up on waterfront areas. Aluminum frames, something like that, that can be taken away in the winter. But it's simply a temporary kind of thing. We're not proposing any other development along the waterfront area itself. So that then was our charge, to develop what we felt was the best use of the land based upon the land itself, and in analyzing--in determining what the land will support. And as I indicated, we go through this process whether it be for a 200 acre piece of property or whether it be for a 20 acre piece of property, depending upon what the program is. What we do is analyze that site based upon it's physical features. This particular display is a slope analysis for study of the topography. The lighter the shade, the flater the slope in layman's terms. The darker the shade, the steeper the slope. We have four gradations, 0 to 5, 5 to 10, 10 to 20, and in excess of 20%. As can be fairly well seen by standing back, a small part of the property, in the area of the ponds, for the most part, is steeper classifications, either 10 to 20 or 20% of the site. Certainly the bluff areas themselves are steep and excessive. Eighty-eight percent of the site is under ten percent. In planning terms that means that the site essentially is a very developable piece of property. When you have things like bluffs and steep slope areas, this affords an opportunity, as far as development is concerned, to take advantage of those, 5o that you can put houses, place houses, place clusters, place buildings, mandate packages, things of this nature, in the proximity of those slopes in order to dramatize the views that you can get from them. So certainly the topograph of the site is very important, and probably one of our most important factors we're dealing with. The second aspect that we deal with, and delt with extensively on this property, is what we call a soils analysis. Now this soil study is based upon the Suffolk County Soils Analysis done by the County and what it determines for us is areas of buildability, as well as areas that may cause problems for either development or for other purposes. We have only one area on the site--I'm sorry, there are actually two acreas on the site, that contain what we would call marginal soils for development purposes, and those two are depicted once again in the darker or more brilliant tones. In this case we have a Carber-Plymouth sandy soil around this middle pond area, and the reason that it is classified as a marginal slope for development is because of its "E" classification, which is a slope classification. If this soil, this Carber-Plymouth soil were located on a five percent slope area it would not be critical to planning or to design, but in this particular case it is, because of the slope configuration surrounding that pond. We also have a muck condition which is around the main pond which sits in the northern most portion of the property and do certainly not want to impact that muck area. It becomes difficult to deal with in terms of construction. I think our planning is--you might view the model or the master plan which was previously put up--would also indicate that we have set back from these pond areas a minimum of 75 feet, which is a DEC and New York State standard, and in most cases that's an average of 100 feet or more. So soil has become an important part of the analysis process. This is what we call a site analysis, and a site analysis is an objective interpretation of the physical aspects of any piece of property. Now, what we've tried to do here is depict in graphic form, so anybody viewing this particular map can see what the site looks like without ever getting out of his car or walking the property. The yellow essentially amounts to open field areas. The dark green consists of heavy undergrowth or heavy tree cover, and we've determined and analyzed the kinds of vegetation that exists there. In this particular area, and I'd like to dwell on that for a moment, in the eastern portion of the property we have a very beautiful example of a climax forest, Oak, Maple, Hickory, underlayered with Mountain Laurel, Rhoddendron, Dogwood. It's typical of the northeastern climax forest. There is a tree cover, which essentially covers this bluff, dense vegetation. There are a lot of Black Locust, Viburnum, a ton of Poison Ivy. I was itching for months afterwards, after reviewing the site. The dark hatchy marks indicate steep slope conditions that we should try to Page 10 - Public Hearing - Brecknock Associates avoid. We have highlighted, the orange being highpoints of the site. We've identified existing buildings, we've identified existing road pattern, which goes through the property in this manner, there are existing buildings up front. We identified views which are the blue arrows looking out, and essentially those views extend from the western portion of the property about half way back. Certainly all along the bluff area to this point for water, and then along the golf course for views out to the golf course itself, which certain has an advantage for a resident of a community of this nature. We've also indicated by photograph and pasting together the photographs to communicate what the property looks like in certain areas. Here's an example of the open field down below. Here's an example of some of the views out from the bluff areas. Here's an example of a view of the pond. Things of that nature. This is a graphic representation of what the site looks like in its present existing condition. Once we go through the analysis, and this is really a first step, then we begin to overlay the kinds ol~ things that we would like to propose, and that essentially is what we call our master plan. When I say master plan I am referring to the master plan of the property, not the Townwide Master Plan. Essentially what we tried to do, and I'll speak from both the model and from the drawing, what we tried to do is create a community--once again this is going to be either a condominium or a homeowners association type of community, which would mean that the resident living in "A" unit purchased a piece of property, is going to pay for the maintenance and operation of all of the open space contained within the homeowners association. The resident living in this community, therefore, would pay for the upkeep of the roads, the maintenance of lawn areas, snow removal, any of the amenities that are here, whether they be the equestrian center, whether they be the swimming pool, the beach areas, all of that maintenance is to be absorbed by the resident of the community on a pro rata basis. There will be no costs incurred by the Town of Southold for any of those kinds of services. The community is to be serviced by public water and public sewer. The road system is located in the far southeastern corner of the property and comes in in a sweeping motion, past a pond area, which is l~roposed being built in a Iow point of the site, across a small bridge--once again an effect that we're trying to create--also very important, there will be 24 hour security on this property. It is very important to us to have one main entrance in and out for that particular reason. This road continues to wind through the property in a parkway manner. No units face or drive out onto it. There are parking courts or parking clusters off of this main road, but nothing fronts it all the way to this point. We've established what we consider to be three separate villages. One located in the western--northwestern portion of the property, another located in the northeastern portion of the property, and one located in the eastern portion of the property abutting the golf course for the most part. Now, the purposes for the village concept are two--fold, one of which is the project is going to be built in phases, it's not going to be built all at once. It's going to be probably a four to six year building program once the construction actually starts. It is not practical, certainly, to put in utilities for the entire development at one time. They have to be spread out, and developed in stages. Secondly, we would like to develop, if you will, separate little village identities or communities, and this may take the form of this particular community having a water orientation, this particular community having a tennis orientation, this particular community having a golf course orientation, and it could conceivably turn out that the architecture of these three separate little villages take on slightly different architectural styles. Not that we're anticipating that there's going to be a hoclge podge in here, but at the same time a subtle use of materials and the buildings are conceived to be very natural, natural stones, and natural shake, very east-endish if you will, Nantucket kind of weathered shakes, that kind of a look, Iow profile. I do have some architectural floor plans which I'd like to present a little bit later. We have preserved this pond and this pond. We have Page 11 - Public Hearing - ~recknock Associates developed another pond which we'd like to utilize as a skating pond in the winter, and we have our equestrian center here with a trail that wraps all through the Scenic I~asement area, and we do have--I think it's very important to mention--a emergency ingress and egress point through a crash-gate which would service the project should there be any type of emergency on the Main Road for one particular reason or another. As Dick mention, we're actually dealing with 132 acres of property, 350 units, or 2.65 units to the acre. The main drive encompasses approximately 5.2 acres of land, the minor drive 3.2 acres land, for a total coverage of parking of approximately 9 acres. The buildings cover 7.7 acres, for a total of approximately 20 acres with all our pavements, that includes the parking areas as well as the roads. So in essence what we have are 20 acres of the 132 are actual building coverage or pavement coverage, which yields an 85% ratio of open space on the property, which is a very high number in terms of these kind of communities. Let me briefly explain the architecture and then I think it would be best to simply open this up for questions. I think that's the part of the meeting that we will all probably benefit the most from. What is being proposed--the units themselves are designed to be two bedroom units. We are dealing with what we consider to be a vacation, second home community. They would be town-house in nature, meaning first floor, walk- in living areas, second floor bedrooms, stairs inside. There are units, and certainly some units, and I'm not sure what the mix is going to be yet, that are going to have the bedrooms on the first floor and the living areas on the second floor. The purposes being to take advantage of as mucl~ of the dynamic view that we are afforded from these units all along the bruff areas on both sides, and at this point we have counted numbers of units and taken some shots from different places on the property to determine that almost 40% of the units will have water view, which is a commodity that we're selling here and a very important one because of the nature of the piece of real estate. Thank you. MR. LARK: Does the Board have any questions, Mr. Murphy? COUNCILMAN MURPHY: Okay, does anyone on the Board have any questions? COUNCILMAN TOWNSEND: You mentioned a sale price of $175,000 minimum. On the previous plan, on what wou~d be allowed by the zoning now, wl~at would be your sale price for those units if they were developed? MR. LARK: You're talking about the as is? MR. MANNIEI_LO: Yes, the as is as opposed to the---probably talking in the neighborhood of $120,000 to probably $160,000, somewhere in that range. These units that we're developing here are 1500 to 1800 square feet. They're big units. The units that would have to be developed under the other concept would be much smaller units, probably down around tops of 1200, and that plan would even consist of units on top of units or f~ats, if you wil~. MR. LARK: There's none of those here. MR. MANNIELLO: No, these are all two-story townhouse type of units. COUNCILMAN MURPHY: Anyone here in the audience? CONSTANCE TERRY, Orient, New York: I would like to know of the approximate number of people when this project--if it should be developed--how many people do you think are going to live here? Page 12 q Public Hearing - Brecknock Associates MR. MANNIELLO: Once again, it's a .... MS. TERRY~ It's 350 units, a minimum of two per unit, minimum. You're talking about an increase of 700 people, right? Which is more than Orient's current residents. MR. MANNIELLO: We estimate--we use the f~gures--the Rutgers f~gures ol~ 2.2 persons per unit for this type of a community. MS. TERRY: That's 800 then. MR. MANNIELLO: We're talking approximately 800, but don't be confused because we really got to be fair and compare this to what can presently be built. MS. TERRY~ I'm asking about what you just spoke about. MR. MANNIEI-LO: Right. What we would propose here would be somewhere in the neighborhood of 800 people. MR. PHIL BARTH, Southold, New York: I just what to ask what's going to happen to the building that's on there now? MR. LARK~ I can answer that. Basically that's going to stay as is. That's not included in this proposal at all. That property where the Hall is, sits on about a 12 acre parcel of land bounded on the east by Mclntosh and $chof~eld, and then on the west by this other Jem Realty, and then by the Main Road. That's already zoned business. That is not included in this proposal, it has no affect on it whatsoever. Just for your information, there is an existing covenant on there not to build any new buildings until this thing gets under way--or that was the old project, would get under way. In fact I think the covenant reads unless 25 units are built here you can't expand any of that business area. It is ultimately hoped that that would be a--to try to find a suitable use for that stone building, whether it be some type of a professional off~ce space, which it is used for now, or maybe it could be converted to some kind of a--even under the existing zoning-- some kind of an inn or restaurant or something like that. But it is the owner's intention to keep the external facade of that building as is and what limited build- ing you could do in there when you do that, since that predominates the property, it would probably--whatever business would be created there would be serving of this type of an area, small community type thing. I hope that answers you question, because that's been an awful difficult parcel for the owner, what to do with it, and it's basically going to be left as is, the exterior facade, now what the interior would be is another matter. COUNCILMAN MURPHY: Martin, I believe you wanted to speak. MR. MARTIN TRENT, Orient, New York: The developers have gone to a lot of trouble to contrast their proposal with what's allowed on the existing zoning or site. Mr. Lark in the beginning of his presentation went to great lengths to explain how the present zoning of the site is quite outdated from 1971, although he meant from the aesthetic or layout point of view. I think with the knowledge that we have today, versus what we had in 1971, I think that zoning is also quite outdated from a density point of view. I think if the property were to be rezoned under the Master Plan today you might see something quite different than what exists there now. Also, if they were so concerned about the best use of the property, since it is going to be luxury units in any case, why they cose to make an application to rezone to increase 80 residential properties to multiple residence, rather than the other way around, from multiple residence use to "A" Residential. Page 13 - Public Hearing - Jrecknock Associates COUNCILMAN MURPHY: Thank you, Martin. Yes? MRS. MARIE SMITH, East Marion, New York: I'm worried about the people who live in Orient and East Marion. From Porky's to Orient Point there is a traffic hazard. I have a list here of all the hazards we have to drive through. We have a two-lane road. You're going to have very heavy construction equipment going in and out. Isn't Skipper's just below that road there into--- COUNCILMAN MURPHY: A little further east. MRS. SMITH: A little further. Skipper's causes quite a few cars to stop short. I'm on that road every day several times a day. Next to Skipper's you have the golf course. That's a traffic hazard. Then you have Hellenic Cabins, which is a real accident trap. They're applying to double the size, what do you intend to do about that? We'll have nothing but cars and trucks. We won't be able to move in the summer. You will have 350 condominiums. Having lived among condominiums, that usually means two cars a condominium. That is a lot of traffic. What happens from Porky's to Orient Point? We also have a ferry--truck traffic, Plum Island, and old people who drive slowly, sightseers who drive this way. I don't think I forgot anybody. But I'd like to know what are you going to do for us? It's scarey driving there. There is not much police protection. COUNCILMAN MURPHY: That we could take care of for you. MRS. SMITH: How? COUNCILMAN MURPHY: More policemen, better patrols. MRS. SMITH: Who pays for that? COUNCILMAN MURPHY: We pay for it. MRS. SMITH: There's increased taxes for us already. MR. MANNIELLO: If I could possibly comment on that, the State does have in its long-range planning proposal right now, moneys that are being allocated for the improvement of 25. We've had a number of conversations with them relative to this and they are programming the road will include widening, no matter what happens. MRS. SMITH: Widening. COUNCILMAN MURPHY: Are you finished with your comments, Mrs. Smith? MRS. SMITH: Yes, now we know the road may be widened in the future. COUNCILMAN MURPHY: Sir? MR. WALTER SMITH, Orient, New York: How far from the bluff are you going to put these houses? MR. MANNIELLO: We are showing, on that plan, no units will be closer than 50 feet from the bluff, and that's the minimum dimension. The average dimension is somewhere in the neighborhood of 85 feet. MR. SMITH: And the other point. You were talking about horses. One of the great problems we have with pollution is non-point pollution. That's why the Page 14 - Public Hearing - Brecknock Associates Southwest Sewer District is in trouble because 50% of all pollution comes from non-point sources. You're going to put an equestrian center there, you're going to start polluting like a fiend. That's a major problem. You can't put diapers on dogs or plug cats up, so we have this problem of non-point pollution. You're going to add another group of quadrapeds down there we're really going to have problems. MRS. JEAN TIEDKE, Southold, New York: I'd like to follow up on water. Will the horses be stabled there? MR. MANNIELLO: Yes. Let me go into a little bit of detail on that, because this is something that we had some problem dealing with as well. We wanted to provide an amenity. This would be a seasonal amenity for the people of the community. We are anticipating that this is going to be a second home, recrea- tional kind of a facility, therefore we wanted to provide as broad a range of amenities as we felt we could. When we say equestrian center, we're probably talking in the neighborhood--there's an existing barn, stable on the property which we anticipate refurbishing slightly, but certainly not expanding. I believe that barn presently will hold up to twelve horses, and that is appro×imately the capacity that we would be planning for at this time. And I can't speak for the owner or the operator of that facility, but I think we as the--or the developer of the property--would certainly try to contain that owner as best is possible, by making him promise and covenant that he will maintain those stables in as clean a condition as possible and do whatever is necessary. COUNCILMAN MURPHY: Thank you. Jean? MRS. TIEDKE: I have a couple of other questions. One is, what kind of age group do you think--the primary age group? MR. MANNIELLO: I don't think we have a profile at this time. We've done a number of studies. We've done a number of market of studies on this to determine what age group, and right now we're looking at a broad range of from anywhere from 35 years on up to 50 or more. It is conceivable that this is going to ultimately turn out to be retired people for the most part living here part of the time of the year and vacationing in this part of the country because they're from Long Island and New York metropolitan area, and then going down to Palm Beach in the winter. And that's the kind of--our experience has shown us that that's the kind of profile we're going to be receiving. MRS. TIEDKE: If it did become a retirement area, what would be the impact on the hospital? MR. MANNIEI_LO: I would have to guess that there would be a positive impact~ as far as the hospital would be concerned. MRS. TIEDKE: Positive meaning more patients. MR. MANNIE/LO: Positive meaning negative. MRS. TIEDKE: Meaning negative. What about a marina. A lot of these people are going to want to have not just little sailboats that they can haul out on the beach. MR. MANNIELLO: A number of these people we anticipate will have large boats that will be moored on the Bay side. MRS. TIEDKE: Have you check the marina facilities? Page 15 - Public Hearing - ~recknock Associates MR. MANNIELLO: We've examined those quite closely. MRS. TIEDKE: Do you know how many more boats they can handle right now? MR. MANNIELI-O: I don't know a number, but they're pretty well filled to capacity from what I understand. MRS. TIEDK£: That's right. COUNCILMAN MURPHY: Ruth, you had your hand up? MRS. RIJTH OLIVA, President, North Fork Environmental Council~ First of all, just a couple of comments for the Board. I really have to take you gentlemen to task stating at the last Board meeting there was no environmental impact from this project. When you have almost 1000 people going to live in an area I do think there is a very definite environmental impact. Number two, I would like to point this project out as a very poor example of planning back in 1971, and there was enough known about water and what have you then that the planners at that time, or the Board, did not look f~fteen years down the road and see what we were going to be faced with. An impact of 1000 people. I hope that your latest decision down in Cutchogue doesn't result in the same monstrosity. Numl~er three, I could kick myself and I think all of us, when we did the upzoning we should have decreased the density on these "M-I" zones. As John Wickham said when he came bel~ore you 6.7 units per acre with water and sewage was originally meant for motels, not for condominiums, and it's really something we should have addressed. As far as this project is concerned. It's a thousand people, they're going to be dumped on the Village of Greenport. That's half again their population. What are they going to do? The water and sewage alone is going to strain their capability to practically its breaking point. They won't be able to take any other projects on. Traffic has been mentioned and is going to be horrendous. If he, Mr. Schad--Gus has a business area here--there's a proposed business area now coming before the Planning Board right across from Porky's. It's just going to be terrible, and we don't want the road widened, we don't want a four lane highway. Business zone-- we don't feel, and I don't think the Village of Greenport--from the meetings I was there with them at their Master Plan presentation--want any business outside the Village of Greenport, they want to contain it in the Village and work it out in there for an expansion of commercial services. I'd like to know with these condominiums, is there going to be time-sharing? And what type of people are we going to get in here? The type of people that want the Hamptons type of thing? Then they are going to be looking for the boutiques stretching out all over the place, they want the discos, the fancy restaurants, the this the that, this is not the North Fork. Is this what we want? And this is something we have to decide. I have one suggestion, because I'm really especially concerned with the water and sewer, that if this project is approved I would respectfully suggest to the Village of Greenport that they have a cost analysis done as to how much it's going to cost them to expand their sewer and water facilities. Exactly--in fact make a conservative estimate. Now, whatever that cost is going to be, it should be borne by the developer, because I see no reason for anybody in Greenport to have to incur an increase in their taxes to pay for somebody else who is making a buck. They should not have to pay for this. Thank you. COUNCILMAN MURPHY: Thank you. Sir? MR. FRANK MclNTOSH, Greenport, New York: I live in the white spot up there. I've known Gus a long time. I consider Gus Schad to be a close personal I~riend, in a way, and certainly one who has been very supportive of my efforts to make a very historic house, in an absolutely incredible area of long Island, very special. Page 16 - Public Hearing - t3recknock Associates I cannot begin to tell you people how I feel about this community. I guess I could life about any place I~d like to live, but I came out here about fifteen years ago and set up shop in a house that was--once all this land was owned by the Floyd family, and they're gone and a lot of other chums are gone who owned all of this land, and I drive out on the North Road every week, usually, today was a primary example, it was an extraordinary day, and I drove out and I couldn't help but think, on this little f~nger of land that protrudes out here on tl~e North Shore, visavie the South Shore, where it is f~lled with condominiums, trump towers that are horizontal, I couldn't help but think that this is just the beginning of something that is going to happen here which is going to change enormously the character of the North Shore, and rhetoric and all that I say, and all that you all say, will maybe be listened to and maybe it will not be listened to. Gus knows, because he was at my house about five weeks ago and I told Gus, tl~at I thought his plan was really a bad one. I wasn't in favor of it and I told him why. I think there'll be a lot of prof]teering from a few people, and I think tl~ere'll be a wake of disaster as an aftermath. And I think it's just the beginning and I really wish Gus well. I mean, I've watched this man sit with this land for twenty years. He sold me some land and I really wish him well with his project. I feel like Judas here, but I feel that this is the beginning of some- thing that is going to happen in the area which is really going to be very detrimental. I've spent f]fteen years here. I've restored a very beautiful old house--it's your house, I mean, I'm just a temporary caretaker here in this area. I love the area enormously. I hate to see it denigrated. I think that what you've spent, and the explanation of this has really been very clear. I think that as a condominium plan it looks ~well, but I think that condominiums are not compatible with this area. I think that marvelous $200,000, $300,000 houses on five acres is fine. I don't see this as condominium. Have you driven from New York to Montauk. I go all over the world. I go to Texas, to San Francisco, everywhere. Condominiums are dread- ful. So I feel very strongly about this and Gus knows how I feel about it. I called his off]ce today and I said I was coming out to say what I felt deep down inside, and it's your land, I'm just here, I can go any place in the world I want to live. I like it here. I've made a home here. I have a historical house that's quite extraordinary and I hate to see the area denigrated. That's what I have to say to everybody. COUNCILMAN MURPHY: Thank you. Are there any other comments from anyone in the room who would like to speak for or against or any other questions? Dick? MR. LARK: You might not have it in your package, but the Planning Board was quite concerned about how it was going to be watered and sewered too, because they wanted it from a public as opposed to a private, and I have here a copy of a letter to the Planning Board from the Village that you might be interested in, dated June 17th, 83 which the Planning Board did request. It should be part of your records also. COUNCILMAN MURPHY: We will put it in the file. Anything further, Dick? MR. LARK: No, I have nothing further. COUNCILMAN MURPHY: Jean? MRS. TIEDKE: I think Mr. Mclntosh said what a lot of us would say. The condos and this kind of a major huge development are not compatible with the Town of Southold. Now, you do remember that two years ago the Town did -- the League did a survey, and this came out loud and clear, and as far as I can see very little attention has been paid to the results of that survey, by either the Town Board or the Planning Board, or the Zoning Board of Appeals, and some of us are getting fed-up, really fed-up. Page 17 - Public Hearing - Brecknock Associates COUNCILMAN MURPHY: Thank you, Jean. Yes° Walter. MR. WALTER SMITH: I was just wondering, I was just attending a meeting in the Westhampton Beach area. Now, their houses are comparable, but every time there is a storm it costs $20,000 a week to just take the sand off the roads so people can get to their houses. Now, you have erosion along this north side here, and we are eroding at about one foot a year, in about five years are you going to have the people of that area petitioning the Town Board to put up all sorts of groins, anything to prevent the erosion? We know it's going on. I can see where I live I've seen thirty feet go in one year. So we have a problem here. How are we going to resolve that one, are we going to bankrupt the Town trying to protect a few houses, which is going on at West- hampton Beach now? It's a tremendous problem. They don't know what to do. Just when the sand comes over the road in February and March it's $20,000 a week to get a bulldozer out and move the sand. So we could have the same thing here, not with the sand, but with the problem of erosion along that bluff. And an interesting thing, you were speaking about the houses here, have you punched holes in there to see if there were clay lenses under there? This is an interesting phenomena because if there's a clay lense and you have water seeping down, it's going to go right down, out through the bluff, and you're going to get massive erosion, and that's happened in Mattituck and other areas. So you have many problems with the site, and I don't think the residents of the Town should really guarantee anyone a profit at their expense, and that's what's going on here. What you're asking us is to--you might say put a bond ]issue against ourselves. We're going to pay for to get someone else a prot~t, and I don't think that's right. COUNCILMAN MURPHY: Thank you, Walter. Any other comments to the Board? MR. MANNIELLO: Yes, I'd like to respond if I could, to that. First of all this is a very unique piece of property and we've done a tremendous amount of study of it relative to its physical attributes as well as to its disadvantages, if you will. There's a huge advantage to having a bluff area because of the very dramatic views it can give forth from it. There are disadvantages also, and one of those being some of the things you discussed, erosion. This particular property, and I'm sure you're absolutely correct in some of those generalizations that you did make relative to the bluff area--this particular piece of property, because of its particular exposure, gets the northeasters on a transverse, so we do not ever get heavy storms that are eroding from down below--- MRS. TIEDKE: Don't say ever. MR. MANNIELLO: I'll never say ever--ever again. They're certainly possible, but they're very few and far between. That slope has been stable for a very long time. There has been some minor erosion, and we've done some punching, some test holes, all test holes perked very well, we haven't run across any clay lenses yet. We are undertaking, and have prepared at this time a very extensive erosion and stabilization plan for that bluff area. We anticipated having to do that because of the County requirements, certainly because of the Planning Board, and we are requesting a 50 foot setback from the bluff line, although the County recommendation is 100 feet. We are going to back that up, and are going to deal with very extensive landscaping and other methods of stabilization along the top of that line. No unit will be built over the crest of the hill. All units will be built beyond the crest of the hill, regardless of where the bluff line is, or where it begins. In some cases that could mean as far back as 100 to 120 feet from the bluff line, if the crest of the hill goes back that far. That way any water running off the buildings, impervious surfaces surrounding the buildings, will run into the Page 18 - Public Hearing - 13recknock Associates property, and that is the intention of our design. As I mentioned before, the homeowners on the property are going to be responsible for the maintenance and upkeep of the property. This includes bluff areas, shoreline, the Town will not be put in a position of having to go a bond issue to build or go into any such other thing. The homeowners in this area will be responsible for that beach and beach frontage. MR. SMITH: Having served on the original committee with the County for this bluff erosion problem, I think you're going over it much too lightly. We spent two years studying that problem and erosion on the North Shore is a problem,. no matter where you are, and it will vary and I think Connie will bear me out. For many many years her property didn't erode a foot. How many feet did you lose last year? MS. TERRY: We've been losing regularly now for the last three or four years. Not only bank, but down. We~ve lost depth of beach last winter. And yet the property for 20 or 25 years never--we didn't lose anything. All of a sudden now we are losing. MR. BARTH: I want to ask a question. Of the Board. Now, I'm a little confused about one thing. The first thing that we saw was a plan that was developed in 19697 COUNCILMAN MURPHY: I think it was showing the present zoning. MR. BARTH: All right, the present zoning. Does that mean that if this plan is shot down, that these people can now go ahead and proceed with their other plan? COUNCILMAN MURPHY: I believe so. MRS. OLIVA: Just a little aside here, but I was very interested when the gentleman was presenting the soil analysis map. The best developable land happens to be Haven Loam, which is also the best type of soil for farm quality farmland, which is the best reasonable use of the property. It's an interesting question. COUNCILMAN MURPHY: Martin, you had your hand up? MR. TRENT: This project is its own worst enemy, the sheer enormity of it. Here you're talking about putting 1000 people on 132 acres. People in East Marion and Orient are just afraid as to what is going to happen to the quality of their life if you add 1000 people in so small an area. COUNCILMAN MURPHY: Thank you. I noticed the Mayor of Greenport is here. Would you like to comment, George? Do you have anything to say? MAYOR GEORGE HUBBARD, Village of Greenport: No, I have nothing to say. COUNCILMAN MURPHY: Any of the Greenport officials? Anyone out in the hall like to comment? MR. GEORGE WETMORE, East Marion, New York: I'm a lifelong resident of Southold Town and I've resided primarily in Greenport. I've lived on this property now for several years, and it is a beautiful piece of property. This Page 19 - Public Hearing Brecknock Associates development is far superior to the other plan, there's no question about that. I think also that the densities are probably to Iow. The school tax rate in Greenport is the highest in the Town and to lower your taxes you'll have to increase your assessment, and this looks like it's going to throw up about sixty million dollars on the assessment rolls. It should reduce taxes by about thirty percent. The other comments about the shopkeepers in Greenport--I'm sure those that made them are not going to support them at that great extent. These people will. I am definitely in favor of this plan. Again I think it's a beautiful spot and you can make comments aside, this and that, but if you go do your homework, there's no problem with water supply in this area. I don't see how this is going to affect Orient and East Marion. It is far to the west, and frankly, convenient to Greenport. I just--it must be nice to be against everything these days, because I'm for it. Thank you. COUNCILMAN MURPHY: Thank you, George. I$ there anyone else who would like to make a comment? Councilman Murdock. COUNCILMAN MURDOCK: I have one question pertaining to the bluff line. What happens to your program, or your plan, if the County refuses to allow you to go 50 feet from the bluff? What happens if they say no closer than 100 or 125 even? MR. MANNIELLO: It's my understanding of the County's requirement, or suggestion, that it's simply that. The County has a policy of requiring 100 feet. It's up to the Town to interpret that requirement. It's not a mandated law established by the County of Suffolk. COUNCILMAN MURDOCK: What happens if you don't get approval for 50 feet~- What happens if it's 100 or 125 feet? MR. MANNIELLO: What happens is the marketing, and that is we will condense the units--we will pull the units off the bluff line back to 120 feet or 125, what- ever this Board requires us to do, and there would be that many less units that would take advantage of the views. It becomes a function of economics to a certain extent, and it quite frankly, in my opinion, it would be a crime to have a piece of property of this nature and this magnitude and not be able to take advantage of its greatest attribute, and that is the bluff line and the view across the Sound. From an aesthetic approach. COUNCILMAN MURPHY: Thank you, Bob. Yes? MR. WETMORE: I'd just like to make one comment about that 5o-called fragile bluff. I have been familiar with that property for over twenty years, I've fished on the beach for over twenty years. I've been down there spring, summer and fall. I've seen the high tide mark move in and move out. Every winter it moves in 30 feet and every summer it builds back up 30 feet. The bluff line itself, from my own personal observation over 20 years, in an area of a couple hundred feet, the rest of its been stable. It has lost about three to five feet over 20 years, and that's from physical observation over 20 years. COUNCILMAN MURPHY: Thank you. Any other comments on this hearing? MRS. TIEDKE: I'm curious why you have all--practically all that bluff line indicating apartments--units, whatever, why don~t you have any of your recreation--club house or whatever, up where everyone in the community can enjoy it, in that particular community can enjoy it? Page 20 - Public Hearing ~recknock Associates MR. MANNIELLO: Okay, that's a good question, yes. We located the club house in the valley, or the saddle of the property. The club house--the views from the club house look across the pond out through the saddle to the Sound beyond. MRS. TIEDKE: It's not the same as a bluff view, though. MR. MANNIELLO: It's a dynamic view and a very exciting view. Plus, I would also like to mention that you certainly would not want to have any intensive uses on the bluff for the mere reason that people, in many cases, are natures worst enemies, and I should have mentioned previous that there will be no access down the bluff areas in any spot except at this point off of each side, so that there would be no stairway built or no public access and people would not be permitted to go down the bluff, and having an intense use near a bluff area, or there would be--you're right, it would be a dramatic view and expansion there, it could cause other problems which we did not care to involve ourselves with. We felt this was the much better centrally located location for the amenity itself and the views across that pond to the Sound beyond are very exciting views. COUNCILMAN MURPHY: Councilman Townsend. COUNCILMAN TOWNSEND: I was wondering if we might, as a point of procedure, just proceed at this point--everyone that has not spoken I~rst, so that we--not that I don't value the second and third opinions of everybody, but I would like to hear from everybody that wants to speak, and I think sometimes it's dift~cult to speak if people break in. COUNCILMAN MURPHY: Is there anyone here who hasn't spoken and would like to speak? MS. ELLEN MORGAN: I'm a real estate broker in Greenport. I'd like to go on record as saying that I back this project and actually many of the condominium projects that are coming to Greenport--many of my clients who are people from the city coming out, they want Iow maintenance housing, they want smaller units, they don't want large houses. They're not having the families that once were had in these wonderful big old houses, unfortunately, and a lot of them--my clients are the post-war baby boom, which are going to be the retireesw-which is me-- going to be the retirees of the year 2000. ~ lot of them are buying, thinking with that in mind, and I think with computers, and people being able to move their businesses out of the city and come out here--a lot people--this is their dream--to come out here. Whether they pay two hundred thousand for a condo or a house, it's really irrelevant. They want to be here. We're not going to stop them. We've got out two acre zoning--I'm in back of it, I think it's great, but on the other hand something like this, a large project like this which makes luxury housing available for those who can afford it and make a dream possible. If the developers are willing to contribute and help with the sewers and do all this, I think it's great and I'm all for it and that's all I want to say. Good luck. COUNCILMAN MURPHY: Thank you. Is there anyone else who hasn't spoken? Anyone outside who would like to? Anyone who would like to make any more comments? Walter. MR. SMITH: Would Jim Monsell like to make a statement where he expects to get the water from to supply this project? Page 21 - Public Hearing ~recknock Associates COIJNClLMAN MURPHY: I believe part of the record, Walter, is a letter from the Greenport Utility District, going on record on what they have. I haven't read it yet, Walter, I'm sorry. Jim, would you want to comment? MR. JAMES MONSELL, Superintendent of Utilities, Village of Greenport: I have presented those t~gures to the Southold Town Planning Board as proof of our capabilities. Mr. $chad does have a consultant with him here tonight which met with me today and went over a lot of our capabilities, water loads that meet their demands, so we have taken the obligation on to study this. We haven't signed contracts yet, we are in the process of getting ready to sign contracts. MR. SMITH~ In this summary you did give maximum production, though didn't you once or twice? On your wells? MR. MONSEI_L: On July 5th we hit 2.6 million gallons for one day, yes. MR. SMITH: That means you're going to have to punch more wells in order to supply a project like this. MR. MONSELL: Well, we have a capability of a little over three million gallons a day. MR. SMITH: This isn't going to use a million gallons a day. COUNCIl_MAN MIJRPHY: Here's the letter. We'll make a copy for you and make it available. Water consumption demand of 93,000--94,000 gallons per day on the project. MR. MANNIELI-O: About a tenth of a million. COUNCILMAN MURPHY: Right. MR. MONSELI_: They've submitted their water loads and sewer loads for us, and it's been reviewed by Mr. McLendon. COUNCILMAN MURPHY: If anyone would like a copy they can stop at the Town Clerk tomorrow and we'll give you a copy of this letter. MRS. MARIE SMITH: Mr. Murphy, the day before election day the people in Orient and East Marion received a rather ominous flyer from youj in which you said, "a basic change in your unique area is about to take place." Is this it? COIJNClLMAN MURPHY: I don't believe--I would like to read the letter to explain-- but I don't believe it was talking about this at all, no. Definitely not. I'd read the letter. I think we're taking something out of conte×t. COUNCIl_MAN TOWNSEND: Also I think it's not necessarily an appropriate subject for the hearing, because we are restricting ourselves to the discussion of the-- MRS. SMITH~- Well, I feel badly enough about election day and that made me feel worse. COUNCIl_MAN MURPHY: I will read the letter and I'll explain exactly what I did mean. I can guarantee it wasn't this. Martin. Page 22 - Public Hearing - ~recknock Associates MR. TRENT: Just one more thing on the water supply. I think the studies have shown that east of Arshamomaque Pond there is not enough ground water-- potable ground water--to support developments of this size, and it's just a harboring of a big pipeline, first from Southold water and from Cutchogue and then from places further west as development projects like this go on. COUNCILMAN MURPHY: Thank you. Any other comments? Sir. DR. KEVIN PHILLIPS: I'm a partner in the firm of Banning and Phillips, which is an environmental engineering and geohydrolist company. We've reviewed this project with Jim Monsell and spoke a lot with me, so I thought I'd share some of my views on the project. We reviewed this project based on three things. One was whether or not the area could sustain this kind of load on it from an aquifer basis. Second was whether or not the Greenport Water Company could sustain it on a capacity basis, and thirdly was whether or not it was going to impact the quality of the water. All three of those answers, after looking at the Comprehensive North Fork Water Supply Plan, which I think--I'm sure several of you participated in--points out that the aquifer yield still is about 50% utilized, so that the develop- ment that we're presently looking at really is not going to significantly stress the aquifer. It brings it closer to the permissible sustained yield, but it's not going to significantly stress it. The Greenport Water District, it's capacity right now is higher than its present peak demand. With this 350 units on it will still be-- have enough capacity to handle that. What that means is that with the units on sharing in the cost of the amortization of the pumps, amortization of all the pipe- line, that there will be a reduced cost for everybody in the Village. Similarly with this sewage. The present sewage treatment plant is about 50% underutilized. With more sewage coming in these people will be able to share the cost of the capital equipment of the sewage with no additional capital equipment being put in and that will be a cost reduction to the people. Normally when you design engineering facilities, build them, you build them for a future capacity to a certain point. We anticipate, through a great deal of study, to define that future capacity, and until you reach that capacity you're underutilized, and until that point the cost on the first subscribers, so to speak, to the facility, is higher, so in every case, as ¥ou get closer and closer to capacity r it costs less a month, until the point where you go over capacity, then you have to add in additional facilities. That's not the case in this situation. We addressed this from a quality point of view. This area will be sewered and the cost of that is very little impact as associated with the aquifer itself. A lot of the developments, a lot of the runoff will be occurring close to the shore, the deeper part of the aquifer, what we call the deep-flow aquifer, is further inland and that's where no development is taking place. COLINCILMAN MURPHY: Thank you. Anyone else care to comment? If not, I'll close the hearing. There will be no decision made by the Town Board until it is--until all six members of the Town Board are here. Larry is going to be away for the next Town Board me~ting, so it will not be on the agenda at that time, and if everyone is going to I~e at the next one it will be, and by calling the Supervisor's Office or the Town Clerk you will know. Thank you. Thank you for your presentation. Judith T. Terry Southold Town Clerk JAM~ {. MONSELL 2ih '1 HIRD STREET GKEENPOH [, SUFFOLK COUNTY NEW YORK i1944 UIILiI'Y (JFFICE TEL. (516) 477-1748 POWER PLANF 'lEi, (51 O) 477-0172 June L7, L983 Nr. Henry Reyuor, Chaiman SouChold To~n Planning Board 14als Road SouthoLd, New York l197L Dear The Village of Greenport - Department of Public Utilities will be able to ass,,B~ the public water and sewa&e Loads of the proposed sub- division project st Breck~ock Hall Property, North Oreeuport. The project will have 350 dwelling units vhich viii have a sever peak demand of 74,160 gallons per day and a peek water consumption demand of 93,900 ge/ions per day. ~e will also assume fi~e flor loads. Attached are copiee of the Laud PLanner's estimates of the water and sever lo&ds, ~e are preparing contracts for both water and sever facilities. ~heu these have been ¢~m~Leted and approved ye viii make a copy available to you. JIN:nr If I can be of further service, please call. Very truly~urs, (ff . Ja~es 1. HonselL ~-~uperlutendent of Public cc: Bruce Wolowl~z Gus Shad Robert Nanntello George Hubbard Islands End UTILITY DEMANDS ( PRELIMINARY ) Peak Demands A. 350 Dwellings at 3.2 person / du 1120 population x 80 gpd x 80% B. Clubhouse Facility 2500 x 80% Equestrian Facility 600 x 80% Peak Demands The Brecknock proper Town of Southold = 71,680 gpd. = 2,000 gpd. = 480 gpd. 74,160 Peak Water Demands A. 350 dwellings at 3.2 persons / du 1120 population x 80 gpd = B. Clubhouse Facility at 2,500 gpd Waterfront Facility at 600 gpd Equestrian Center at 1,200 gpd 4,300 gpd Peak Consumption 89,600 gpd 4,300 gpd 93,900 gpd Electric Demands 350 Dwellings at 50 Recreation complex at Lift station (1) amps / dwelling 400 amps at 150 amps each LAND DESIGN ASSOCIATES 91 GREEN STREET HUNTINGTON, NEW YORK 11743 Land Design Associates is a professional partnership of Landscape Architects, Planners, Engineers and Architects. The company was formed in 1971 and has performed work throughout the East from Florida to Vermont. Land Design specializes in projects involving residential design - from Planned Unit Develop)~ents of a multi-use nature, through Recreational Large-lot Sub- divisions. Land Design also provides expertise in the fields of comercial and industrial site design, environl~ental assessment and impact, and recreational planning, including marina, park and golf course design. Land Design Associates offers a unique total environmental design approach to planning that enables one to understand and work with the natural systems a site or region has to offer. This design system preserves existing land features, reduces land development costs, and enhances the beauty and value of a project. For the organization or individual that has real estate holdings in today's complex, rapidly changing, and highly technical world, Land Design Associates is fully equipped to cordinate a full scale of multi-disciplined services. Every aspect of community planning, land use planning, and site design from conceptual- ization to realization is offered to the client. As Environmental Designers and Planners, Land Design Associates deals with realities: lhe realities of the design and its relationship to the natural or created landscape; the reality of the budget, schedule and market. Above all, in every undertaking Land Design Associates strives to use nature to fulfill man's physical and psychological needs...to help him achieve a better life by showing him how best to relate and grow with the natural environment. The princiapls of Land Design Associates are as follows: Robert Manniello Partner Registered Landscape Architect/Planner in States of New York, Pennsylvania, Connecticut, Massachusetts and Maryland Pennsylvania State University - 1965 University of Michigan 1967 - MLA BSLA Cole Hayes Partner Registered Landscape Architect/Planner in States of New York, and Massachusetts Rutgers University - 1966 BSLA University of Illinois, Columbia University Graduate School of Architecture A list of current projects and clients attests to the experience of Land Design Associates. ~.,~;~.. ~.~ / .,,. ,~'~- c :-~ ROBERT MANNIELLO PARTNER Land Design Associates Landscape Architects/Land Planners EDUCATION: Pennsylvania State University, State College, Pa. Bachelor of Science, Landscape Architecture 1965 University of Michigan, Ann Arbor, Michigan Master of Landscape Architecture 1967 LICENSING: Licensed to practice Landscape Architecture in: New York Connecticut Massachusetts )laryland Pennsylvania PROFESSIONAL ORGANIZATIONS: r.!ember Member I.'ember Member American Society of Landscape Architects American Society of Planning Officials Urban Land Institute Huntington Township Chamber of Commerce Planning and Zoning Con~nittee RELATED EXPERIENCE: 1971 - Present Land Design Associates landscape Architects/Land Planners, Huntington, New York Partner Specializing in residential and master plan design for new communities throughout the northeastern United States. Heavy emphasis on environmental approach to land develop- ment and the preservation of meaningful open space and recreational amenities. Responsible for client contact, negotiations and follow-through from design, engineering, and implementation phase. Often responsible as lead pro- fession in a joint or team effort or approach which in- volves the coordination of other design, as well as assoc- iated professions (ie: engineering, architecture, adver- tising, legal, traffic, public relations and marketing, among others). Robert Manniello - continued page 2 RELATED EXPERIENCE: continued 1968 - 1971 Levitt & Sons, Inc., Lake Success, New York Uead Landscape Architect (1968-1969), responsible for all planting and design including residential communities, industrial and commercial properties and design of all recreational amenities including parks, swim clubs, play areas, model sites and "special project areas". Chief - Con~nunity Planning Department (1969-1971), responsible for the design and programming of all master planning from-through-and including site inspections and feasibilities to public presentations and field implemen- tation. Staff of 6 designers, planners, and draftsmen. Coordinated other company departments ie: engineering, marketing, advertising, architecture and public relations relative to design and presentation of master plan phase. Projects included efforts in New York, New Jersey, Penn- sylvania, Maryland, Virginia, Michigan, Chicago, Florida, and the foreign markets of Puerto Rico and France. 1967 - 1968 Edmund B. Ault, Ltd., Golf Architect/Landscape Architect, Ann Arbor, Michigan Designer, draftsman. CONSULTATION & TESTIMONY: Land Design Associates has been a consultant to the following towns and agencies: Town of Huntington Town of Babylon Town of Brookhaven Suffolk County Mr. Manniello has testified, under oath, as a professional witness under the following local jurisdictions: Nassau County Supreme Court, Mineola Suffolk County Supreme Court, Hauppauge Huntington Town Board, Planning Board, Z.B.A. Brookhaven Town Board, Planning Board Southampton Town Board, Planning Board Many local Villages and Towns. Robert Manniello - continued page 3 CONSULTATION & TESTIMONY: continued In addition, Mr. Manniello has presented testimony to a variety of federal, state and municipal agencies including, among others: Army Corps of Engineers New York State Department of Environmental Conservation The Adirondack Park Agency United States Department of the Interior - Fish and Wildlife Service The Nature Conservancy Mr. Manniello has also been accepted as a professional expert and testified in a variety of New Jersey Municipalities including: West Windsor Township, Mercer County, Mahwah Township, Bergen County, Secaucus, Hudson County and others. Mr. Manniello and Land Design has also testified before the New Jersey State Resource Council, the Hackensack Meadowlands Con~nission and the New Jersey State Dept. of Transportation. AWARDS: Lakeridge, Torrington, Connecticut 1975 - Grand Award National Association of Home Builders and Better Homes and Gardens Best Recreation Community in the United States 1976 - National and State Award American Society of Landscape Architects Professional Design Competition Selected as Best Con~nunity in Housing Category Harmon Cove Condo II Hartz Mountain Industries, Inc, Secaucus, New Jersey 1977 Sensible Growth Design & Planning Award "Grand Award" The National Association of Home Builders and Better Homes and Gardens Magazine Best Multi-Family Co.unity in the United States - 1977 Robert Manniello - continued page 4 AWARDS: continued 1977 National Merit Award American Society of Landscape Architects Professional Design Competition Selected as Best Co. unity in Housing Category ~uffolk Village Model Area, Suffolk~ New York 1977 Silver Award ~,~erican Association of Landscape Contractors outstanding design of tile Suffolk Village Model Area PUBLICATIONS: "An Approach to Reclamation and Development of Deep Anthracite Strip Pits" University Press - University Park, Penna. - July 1, 1968 "Recreation Development Potentials of the Upper Peninsula" Ann Arbor Press, Ann Arbor, Michigan April, 1968 NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing · will be held at 8:00 P.M., Wednesday, November 9, 1983 at the Soutbold Town Hall, Main Road, Sou*hold, New York, on proposal of I~ r e c k n o c k Associete~ to amend the Zoning Code (in- cluding the Zoning M~pe) of thc Town of Southold, Suffolk Cnunty, New York, by chang- ing from "A" Residential and A~ricuitural District to "M" Light Multiple Residence Dis- trict all that certain' plot, piece or parcel of land, situate, lying and being near Greenport, Town of Southold, Sul~olk County, New York, bounded and described as f~llows: BEGINNING at a point lo- cated on the southeasterly portion of the premises being described herein, which point is the northeasterly cemer of land of Schofield and Mc- Intosh, and is the f~llo~ing from a monument ~ on the northerly side of ~ Road (Stste Route ~): North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 f~et; runntng thence from said point beginning along tend of S~bo- field an~ Melntceh, ~ 6S° 47' 10" West 213.37 f~t tz · point; thence through land of nrecknock Associates the lowing two courses and distan- ces: (1) South 65° 47' 10" West 330.84 feet; ~d {2) South 66° 36' 40" West ?65.20 feet to land of Jam Corp.; running thence ~long said last men~-I~d the following four celll~ tances: (1) No~d~ 41° ~9' I0" West 505.36 feet; (2) ~ 6~° 07' 50" F~st ~?.~ (3) No~h 32* 28' 10" We~t 9~2.g7 ~; (4) ~ 32° 57' 20" We~ 410.00 ~eet to erdinai'y high ?~qr m~ of long Isled ~So~d; th~l~e along the ordin~? high ~ m~rk of long lal~nd Smmd seven courses and dist~acos as follows: (1.) North 44° 12' 35" last 564B1 feet; (2) North 25° 16' 36" F~st 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" F.~vt 188.68 feet; (6) North 41° 51' 15" East 322_22 feet; thence (7) North 31° 15' 06" East 8~.73 feet; thence through land of Brecknock Associates the following nine courses and distances: (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' ~0" West 278.65 feet; (4) North 4° 08' 10" East S9.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' ~0" East 1,310.00 feet; (9) South 10~ 30' 50" East 269.45 feet to the point or pl~e of liE. GINNING. Containing 74.53 Any person de'siring to be heard on the above proposed amendment should appear at the time and pl~ce above so specified. DATED: October 18, 198~. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-10/27/1~(56) COUNTY OF SUFFOLK STATE OF NIz-W YORK Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................... ! ........... weeks successively, commencing on the ................. .~....~..~. ......... day of ............. -~.-~---~-~ .................. , 19....~ Sworn to before me this ............... .~...~...~'- ...... day of ........... ............... , L~AL NO~CE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE Pursuant to Section 265 of the Town Low and ~e~iremeats of the Zoning, o~ the Town of Soulhol~ Suffolk County, New York, a public hearing will be held at 8:09 P.M., Wednesday, November 9, 1983 at the Southold Town Hall, Main Road, Seathold, New York, on proposal of Breeknock Associates lo amend the Zoning Code (including the ~ Maps) of the Town of ~orn, by c.l~n~n~ from 'A" Rmidenttel and Agricultural District to "M" Light esidence District all that land, sittmt~ lying and being, near Greanport, Town of BEGINNING at a point located on tile southeasterly ~don of the premlae~ being described herein, which point is the northeasterly corner of land of Schofield and tMwclntesh, and is the foliowiJ~ the northerly side of North Road (State Route 25): (1) North 11° 31' 10" We~t 210.00 feet; and (2) North 19' 16' 00" West 344.00 feet; running thence from said point of _be.~inning along land of ~lorield and Mclntesh, South 65' 47' 10" West 213.37 feet tea ~Ortht; thence throu~, laud of ecknock Associates the foUowing two courses and dis- tanees: (1) South 85' 47' 10" West 330.84 fast; and (2) South 00" 36' 40" West 765.~0 feat to land of Jem Realty Corp.; running thence alo~ said last mealioned land the foUowin~ (1) North 41' 39' 10" West 50~.M fe~t; (2) North ~5' 07' 50" East 367.40 fcet; (3) North 3~' m' 10" West ~2.87 feet; (4) North 32' 57' 20" West 410_00 fcet te the ordinary high water mark of Long lslandSound; water mark of long Island distances as foUows: (1) North 44' 12' 35" East 564.01 feet; (2) North 25° 16' 36" ~sst 398.13 feet., (3) North 58' 57' 15" East 601.09 feet;.(4) North North 57' 99' 35" East 188.88 feet; (9) North 41' SI' IS" 322.Z2 feet; thence (?) North 31° 15' 06' East 83.73 feet; thence through land of Brocknock Associates the following nine courses and distances: (1) South 30' 10' 40" West 600.00 feet; (2) South ~7" 54' 10' West 4~.41 feet; (3) South 65' L~' 30" West ~78_65 [~let; (4) North 4° 09' 10" East r~_lH feet; (5) North 89' 02' 00" West 280.43 feet; (8) South 0~' 10' West 380.00 feet; (7) South 85" 51' 50' East 380.00 feet; (B) South 24" ~4' 00" East 1,310.00 feet; (9) South 10' 30' 50" East ~9.45 feat to the Inin~ 74.53 e~. Any person deair~ng to be heard on the above proposed amendment should appear at the time and place above so nTu~lqed. DATED: Octob~ 19, 1983. JUDITH T. TERRY SOUTHOLD JOAN N. MAGEE PUBLICj STATE Of NEW YOaK JALIFIED IN SUFFOLK COUNTY I$SION EXPIRE~ M~.,H ~0. 19 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK )' JOAN GUSTAVSON of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed is a printed copy, hoe been regularly published in said Newspaper once each week fo[ one (1) weeks succunsively, commencing on the 2 7 dayof October 19 83 Principal Clerk Sworn to before me this 2 7 th STATE OF NEW YORK: SS: CO[WTY OF SUF~'OLK: New York, twenty-one years: that on the 20th~day of October she aff,xed a notice of which the annexed printed notice true cop5', in a proper and substantial manner, in a most place in the Town of Southold, ~uffolk County, New York, Town Clerk JUDITH T_ TERRY, Town Clerk of the Town of Southold, being duly sworn, says that she is over the age of 19 83 is a public to wit:- Bulletin Board. Town Clerk Office, }lain Road, Southold, New York 11971 Notice of Public Hearing - Petition of Brecknock Associates for a Change of Zone 8:00 P.M., Wednesday, NOvember 9, 1983, Southold Town Hall. ~ Judif~ T. Terry Southold Town Clerk Sworn to he before me this 20th day of October , 1.~3 Not a~y Publi~ / --- No. 52-8125850, Suffolk Cl~ LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York a public hearing will be held at 8:00 P.M., Wednesday, November 1983 at the Southold Town Hall, Main Road, SOuthold, New York, on proposal of Brecknock Associates to amend the Zoning Code (including the Zoning Maps) of the TOwn of SOuthold, Suffolk County, New York, by changing from "A" Residential and Agricultur~ District to "M" Light Multiple Residence District all that certai~ plot, piece or parcel of land, situate, lying and being near Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the north- easterly corner of land of Schofield and McIntosh, and is the following two courses and distances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land 'the following four courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) Page 2 - Public . ~aring - Brecknock Associa~p_s North 41° 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and sitances: (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" East 1,310.00 feet; (9) South 10° 30' 50" East 269.45 feet to the point or place of BEGINNING. Containing 74.53 acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. DATED: October 18, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, OCTODER 27, 1983, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Richard F. Lark, Esq., on behalf of Brecknock Associates -r LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held at 8:00 P.M., Wednesday, November 9, 1983 at the Southold Town Hall, Main Road, SOuthold, New York, on proposal of Brecknock Associates to amend the Zoning Code (including the Zoning Maps) of the TOwn of SOuthold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "M" Light Multiple Residence District all that certain plot, piece or parcel of land, situate, lying and being near Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the north- easterly corner of land of Schofield and McIntosh, and is the following two courses and distances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and Mclntosh, South 65: 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following four courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169'.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) Page 2 Public Hearing - Brecknock Associates North 41° 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and sitances: (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" East 1,310.00 feet; (9) South 10° 30' 50" East 269.45 feet to the point or place of BEGINNING. Containing 74.53 acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. DATED: October 18, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, OCTOBER 27, 1983, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK~ TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Richard F. Lark, Esq., on behalf of Brecknock Associates T,'RG~T, NOTICE OF HEARING ON PROPOSAL TO A~lEND ZONING CODE Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held at 8:00 P.M., Wednesday, November 9, 1983 at the Southold Town Hall, Main Road, SOuthold, New York, on proposal of Brecknock Associates to amend the Zoning Code (including the Zoning Maps) of the TOwn of SOuthold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "M" Light Multiple Residence District all that certain plot, piece or parcel of land, situate, lying and being near Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the north- easterly corner of land of Schofield and McIntosh, and is the following two courses and distances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following four courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) Page 2 Public Hearing - Brecknock Associates North 41° 51' 15" East 322.22 feet; thence (7) North 31~ 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and sitances: (1) South 30° i0' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" East ],310.00 feet; (9) South 10° 30' 50" East 269.45 feet to the point or place of BEGINNING. Containing 74.53 acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. DATED: October 18, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, OCTOBER 27, 1983, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Richard F. Lark, Esq., on behalf of Brecknock Associates JUDITH ]. ThRI{Y OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 F[ LEPHONE 13161 705 iF, 01 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: October 19, 1983 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Ouality Review and 6 NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION Petition of Brecknock Associates for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District on certain property situated at Greenport, Town of Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, Jt is assumed that there is no objection nor comments by that agency. Further information ,~an he obtained by contacting Mrs. Judith T. Terry, Son, hold Town Clerk. Southold Town Hall, Main Road, Soutbold, New York 11971_ Copies to: David DeRidder. DEC, Stony Brook Commissioner Willzams, DEC, Albany Southo]d Tov. n Building Debar%meat Tcwn Clerk's Bulletin Board Richard Lark, for Brecknock Associates DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE LEE E, KOPPEL~IAN October 6, 1983 }~. Judith T. Terry, Town Clerk Town of Southold blaiT~ Road Southold, New York 11971 Re: Application of "Brecknock Associates" for a chan~e of zone from "A" Agricultural & Residential to "M-l" General Multiple Residence, Town of Southold (SD-83-12). Dear bls. Terry: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk Countv Charter, the Suffolk County Planning Commission on October 5, 1983 reviewed the above captioned application and after due study and deliberation Resolved to consider it a matter for local determination. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk JUDITIIT TI RRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPItONF (516~765-1801 September 22, 1983 Gerald G. Nex~nan, Chie£ Planner Suffolk County Department of Planning N. Lee Dennison Executiw~ Office Building Veterans Memorial Highway Hauppauge, New York 11788 Dear Mr. Newman: Enclosed herewith is corrected Exhibit 9 pertaining to ~he petition for a change of zone by Brecknock Associates which was transmitted to you on July 13, 1983. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure RECBVED SE.P 2 1983 To~'n Cle~'l~ Soutflokl RICHARD F. /ARK ATTOF~NEY AT LAW September 22, 1983 Judith T. Terry, Town Clerk Town of Soutnold P. O. Box 728 Southold, NY 11971 Property of Brecknock Associates near Greenport, New York Suffolk Co. Tax Map #1000-35-1-25 Chanqe of Zone Application Dear Mrs. Terry: Enclosed are three copies of corrected Exhibit 9 to the Petition in the above-captioned matter, The original Exhibit 9 which incor- rectly showed the zoning of the subject property should be removed from the Petition and the new Exhibit 9 inserted. Thank you for your attention to this matter. Very t~y your~ ~chard F .~/~ ark RFL/mld Enclosures RECE1VED SEP 2 2 1983 / J LTDITII T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Somhold, New York 11971 TELEPHONE August 26, 1983 Gerald G. Newman, Chief Planner Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11788 Dear Mr. Newman: ~ith further reference to %he Brecknock Associates proposed change of zone and the Schad Scenic Easement, I am enclosing herewith the minutes of the Scenic Ease- ment hearing of May 11, 1971 which might explain some unanswer questions. The acreage that was zoned "M" Multiple on November 23, 1971 was 57.55, of which 19.27 acres was burdened by the Scenic Easement. Very truly yours, Judith T. Terry ~/ Southold Town Clerk Enclosure JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197l fE/EPHONE t516) 765-I801 August 24, 1983 Richard F. Lark, Esq. Main Road Cutchogue, New York 11935 Dear Dick: Following our telephone conversation this morning, I was advised by Betty Neville that she had been contacted by Gerald Newman concerning the Schad matter. I am enclosing herewith her reply to bit. Newman, as well as the reply of the Planning Board. I still don't think this fully answers the question, but will await further word from Mr. Newman. I am also enclosing a copy of the scenic easement minutes of May 11, 1971. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDIT[I T TI 14. RY ~-~ ...~.. +~ OFFICE OF THE TOWN CLERK TOWN OF SO.HOLD Town Hall, 53095 Mare Road P O. Box 7 28 Southold, New York 11971 TL-LEPHONE 15161 765-1801 August 18, 1983 Gerald G. Newman, Chief Planner Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11788 Dear Mr. Newman: In accordance with our telephone conversation last week please be advised of the following: 1_ The change of zone application no. 191 submitted by Gus Schad was never acted upon by the Town Board. 2. Scenic Easement was given to the Town of Southold by Gus Schad on July 15, 1971. 3. The Town Board downzoned the 57.55 acres ~o "M" Multiple Residence Light Residence District on November 23, 1971. As ro the clarification on the zoning district and density level, Mr. Henry Raynor, Chairman of the Southold Town Planning Board instructed his secretary to make complete copies of their files which should answer this question. Very truly yours, Elizabesh A. Nevillte Deputy Town Clerk HENRY E. KAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSK[, Jr. GEORGE RiTCH[E LATHA3,1. Jr. WILLIAM F. MULLEN. Jr. TO 9 D Southold, N.Y. 11971 August 17, 1983 TELEPHONE 765 1938 Mr. Gerald G. Newman, Chief Planner Department of Planning Veterans Memorial Highway Hauppauge, New York 11788 Re: Brecknock Hall Properties at Greenport Dear Mr. Newman: Henry E. Raynor, Jr., Chairman of the Planning Board asked that I forward the enclosed information for your re- view: (1) Correspondence from Richard Lark, Esq. dated May 31, 1978 and the four (4) enclosures referred to in said letter. (2) Proposed condominium survey dated January 29, 1981. (3) Correspondence from our Board to the applicant's attorney dated May 1, 1981. (4) Maps indicating topography, soils and slopes received by our office August 16, 1982. (5) Copy of Greenport P.U.D. Site Data; Recreation Complex and Amenities dated August 10, 1982. (6) Correspondence from James I Monsell, Superinten- dent of Publid Utilities, dated April 20, 1983 and June 17, 1983. (7) Disclosure statement dated June 27, 1983. Gerald G. Ne% n (2) August 17, 1983 (8) Copy of Planning Board resolution regarding Change of Zone dated July 13, 1983. (9) Survey of "The Breakers at Islands End" dated May 10, 1983. If you require additional information, please to contact our office. feel free Very truly yours, Encls. cc: Town Clerk~ Susan E. Long, Secretary Southold Town Planning Board Oti~t ' _.. __ . . r, cf~-~-j U,S T i N File O I~ ~ ' - Mc INTOSH JUDITtl T. T£RRY OFFICE OF THE TOWN CLERK TOWN OF 8OUTHOLD Town Hall, 53095 Main Road P O Box 728 Southok[, Ne'..,,, York 11971 IELEPHONE 15161 765-1801 August 9, 1983 Gerald G. Newman, Chief Planner Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11787 Dear Mr· Newman: Reference is made to your letter of August 4, 1983 re: Application of Brecknock Associates: for a change of zone. Attached hereto is a letter from Richard F. Lark, Attorney for Brecknock Associates which should answer those questions posed by you. If you have any further questions do not hesitate to contact me. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures RICHARD F. LARK August 9, 1983 Office of the Town Clerk Town of Southold Town Hall, 53095 Main Road P. O. Box 728 $outhold, New York 11971 ATT: Judith T. Terry, Town Clerk RE: Change of Zone Application Brecknock Associates (Gus Schad) Dear Mrs. Terry: I am a little puzzled concerning the contents of your letter of August 5, 1982, The information you seek is contained in the Planning Board and Town Building Department records, however, in an effort to save you time, I submit the following information. The subject property presently contains 74,53 acres zoned "A" Residential and Agricultural District and pursuant to recent Local Law No. 7 adopted by the Town Board, the density in this district is 80,000 square feet per lot; therefore, there is a possible yield of 40 single family units. The portions of the property presently zoned "M" Light Multi- ple Residence District contain 57.55 acres including the 19.27 acres in the scenic easement. Since public water and public sewer are going to be provided by the Village of Greenport, Section 100-116 of the Zoning Code is applicable. This section provides that each dwelling unit in a multiple residence district have 6,500 square feet, thereby allowing a yield of 385 individual multiple residence units in this district. Therefore, the portions of the property which are subject to the zone change application containing the "A" Residential and Agricultural District and "M" Light Multiple Residence District have a possible yield of 425 living units. For your reference, I a~ enclosing a copy of a letter from Howard Terry, Town Building Inspector, dated December 23, 1971, referencing the yield question in the multiple residence district, and a copy of a letter dated June 17, 1983, from James I. Monsell, Judith T. Terry, Town Clerk -2- RE: Ckange of Zone Application Brecknock Associates(Gus Schad) August 9r 1983 Superintendent of Public utilities, Village of Greenport, indi- cating the availability of public water and public sewer to the property. Hoping the above information is helpful, I a~ RFL/mld Enclosures Very truly yoursr TOWN I-IF SOUTHOLD OFFIOE I-IF BUILDING TOWN r.I. EI~K'G []FFIOE TEL. 765-2660 December 23, 1971 Wickham & Lark~ Attorneys 1,_ain Road ~,:attituck ~ H.Y. attn: R. Lark Dear Sirs Your letter of Dec. 21~ 1971 RE: Premises of G. Schad (comr. only re£ferred to as Lrecknock flall) N/S North Road (RT25) Easterly from Gr~enport~ N.Y. received. as you knoW~ the original a~plication as ammended was put to public hearing~ and the scenic easement aoplication was ~ut ~o public hearing and accepted. The new zoning ordinance and map were adopted on Nov. 23: 197~ and became effective on Dec ~7~ 1971. The new map sho%.zs the '~M"-light multiple residence distr~ct on $chad property as coverin~ 57.5 acres as outlined in the change of Zone and secnic easment a~plic;~tions. On the 57.5 acres you can put 385 multirle residence units by Supplying public water ~ sewer service and clustering ~he urits as discussed with tke Planning Loard at some of their m-'et~ngs. The 12.~ acres as apulied forchange of Zone to "B-2" a~e now shown on the new zone map as "B" light business district _ a co~..parahle use permitted. Copies of the new maps may be ordered from Otto YanTuyl & Son Engineers, Greenport, N.Y. Yours truly Building .Inspector UTILITY OFFICE TEL. POWI.:R PLAN'F TEL (5lb) 477-0172 June 17, 1983 Mr. Henry Reynor, £hatman Southold Town Planning Board Main Read Southotd, Hew York tt97L Dear Hr. Ray'nors The Village of Greenport - Department of Public Utilities will be able to assum~ the public varec and sewage loads of the prepesed 5ub- division project at Brecknock Hall Property, Rorth Oreenport. The project will have 350 dwellinG units which will have a sever peak demand of 74s160 gallons per day and · peak water cons-mption demand of 93,900 gallons per day. Ve will alse assum~ fire flow loads· Attached are copXe, of the Land Planner*s est~rnates of the water and sewer loads. Ve are preperlo& contracts for both varec and sever /&cil/Kies. Vhen these have beea completed and approved we will make · copy available to you. If I cnn be of further service, please call. · Non~ell of Public Utll~ties JlN:nr Eoc. ocs Bruce Volowi.~z Gus Shad Robert MaunieLlo George Hubbard UTILITY DESL~ND~ ~ PRELIMINARY ) Islands End Sewage The Brecknock proper Town of Southold Peak Demands A. 350 Dwellings at 3.2 person / du 1120 population x 80 gpd × 80% = 71,680 B. Clubhouse Facility 2500 x 80% = 2,000 Equestrian Facility 600 x 80% = 480 gpd. gpd. gpd. Peak Demands 74,160 Peak Water Demands A. 350 dwellings at 3.2 persons / du 1120 population x 80 gpd = B. Clubhouse Facility at 2,500 gpd. Waterfront Facility at 600 gpd Equestrian Center at 1,200 gpd 4,300 gpd Peak Consumption 89,600 gpd 4,300 gpd 93,900 gpd Electric Demands 350 Dwellings at 50 amps / dwelling Recreation complex at 400 amps Lift station (1) at 150 amps each OFFICE OF THE TO~.¥N CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 South. oki. Nc',,,' 'York 11971 August 5~ 1983 Richard F. Lark, Esq. Main Road Cutchogue, New York 11935 Dear Dick: Enclosed herewith is a letter £rom the Suffolk County Department o£ Planning requesting certain information on the application of "Brecknock Associates" for a change o£ zone. As soon as you submit said in£ormation to me I will £orward Jt directly to the Department of Planning so they may proceed with their recon~endation to the Town Board. Very truly yours~ Judith T. Terry Southold Town Clerk Enclosure 5 Town Cler~ Sout~old DEPARTMENTOFPLANNING COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE LEE E. KOPPELMAN DIRECTOR OF PLANNING August 4, 1983 Ms. Judith T. Terry, Town Clerk Town of Southold ~in Road Southold, New York 11971 Re: Application of "Brecknock Associates" for a change of zone from "A" Agricultural & Residential to "M-l" General Multiple Residence, Town of Southold. Dear Ms. Terry: Pursuant to the requirements of Sections 1323 to 1333 of the Suffolk County Charter, the Suffolk County Planning Commission on August 3, 1983 reviewed the above captioned application and after due study and deliberation Resolved to deem it incomplete pending submission of information to validate the permitted dwelling unit yield under existing zoning considering the inclusion of the scenic easement comprising 19.27 acres as related to the "Gus Schad" rezoning #191 of 1971. Also, include information to verify acceptance of the development proposal by the Greenport Utilities Department. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk cc: Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L I., NEW YORK 1 17BB JUDITH T. TERRY TOWN CLERK ""-3 i~ :~'~'('~"',':~ OFFICE OF_l IOWN.~'CLERK TOWN OF SOUT~O~D SUFFOL~'~OU~Y ~LEPHONE :~-~ . ~ ' .. (516) 765-1801 Southold. L. I., N. Y. 11971 Pursuant ~o Sec~5ons 1323 ~o 1332 of the SuE~olk County Char~er tho ·own Board of the ~own o~ Southold hereby refers the follvwtnq proposed zon~n9 action Lo the Suffolk Count7 Planntn~ XX New zoning Ordinance Amendment of zoning ordinance Amendment of zoning map (change of zone) Location of affected land: north side North Road (Route 25), Greenport, Town of Southold, New York. Suffolk County Tax Map No.:District 1000, Section 35, Block 1, within 500 feet of: Part of Lot 25 X X The boundary of any village or towl~ The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or s~ate parkway, thruway, expressway, road or highway. The existing or proposed right-of-way or any stream or drainage channel owned by the county or for which the county has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay'in Suffolk County or estuary of any of the foregoing bodies of water. or within one mile of : Nuclear power plant. Airport COb~J~ENTS: A copy of the recommendation f or approval from the Southold Town Planning Board is attached hereto. Date July 13, 1983 -' 3udith T[ Te~ry Southold Town Clerk D HENRY E. R~YNOR, Jr.. Ctmirrnan JAMES WALL BENNETT ORLOWSK/. Jr. GEORGE R[TCHIE LATH.~J'd, Jr. WILLIAM F. MULLEN. Jr. Southold, N.Y 11971 JUL 1 $1983 Town C~erk Seufhold TELEPHONE 7654938 July 13, 1983 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Southold, New York 11971 Re: Brecknock Associates Change of Zone Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board, Monday, July 11, 1983. RESOLVED that the Southold Town Planning Board recom- mend approval for a chanqe of zone from "A" Residential and Agricultural District to "M-i" Light Multiple Residence District on certain property located at Greenport in regard to the petition of Brecknock Associates with a condition that the density for this area be restricted to no more than 350 units. Vote of the Board: Ayes: Raynor, ~ullen, Orlowsk± Opposed: Latham cc: Town Supervisor Town Councilmen Town Attorney Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By SusannE. Long, Secretary RICHARD F. LARK A~-rORNE¥ AT LAW MAIN ROAD - p. O. BOX June 27, 1983 Mrs. Judith T. Terry Southold Town Clerk Main Road - Town Hall Southold, New York 11971 RE: In the ~atter of the Petition of Brecknock Associates and Leo Wolowitz for a Change, Modification or Amendment of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York Dear Mrs. Terry: In connection with the above-captioned matter, I enclosing a disclosure statement signed by Gus Schad, one of the partners of Brecknock Associates dated June 23, 1983. Very t/r%}ly yours, ~chard ~/Lark RFL:bc Enclosure am STATE OF NEW YORK: COUNTY OF SUFFOLK: GUS SCHAD, being duly sworn, deposes and says: That he is a co-partner of BRECKNOCK ASSOCIATES, a co- partnership with office c/o Gus Schad, 690 Deer Park Avenue, Hills, New York. Dix That title to the premises known as "Brecknock Hall" pro- perty located near Greenport, Town of $outhold, County of Suffolk, State of New York, is held by Brecknock Associates by deed dated July 30, 1980 and recorded in the Suffolk County Clerk's Office on August 6, 1980 in Liber 8864, page 75. That the co-partners in said co-partnership are as follows: Gus Schad 690 Deer Park Avenue Dix Hills, New York 11746 Salvatore Gaglio 437 Cold Spring Harbor Road Laurel Hollow, New York 11724 Edwin Smith 88 East Hoffman Avenue Lindenhurst, New York 11757 Edmund G. Kerut 929 Tung Tree Drive Picayune, Mississippi 39466 Sworn to before me this 23rd day of June, 1983 Notary Public BABETTE CORNINE NOTARY PUBLIC, State of N~w York S~folk Counly N~, 52-5792800~/./ Commission E.~pi~es Mar(h ~, 19~ JLrDITH T. TERR~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P O. Box 728 Southold, New York 11971 IELEPHONE June 8, 1983 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hail Southold, New York 11971 Dear Henry: Transmitted herewith is petition of Brecknock Associates for a change of zone from "A" Residential and Agricultural District to "M ' Light Multiple Residence District on certain property at Greenport, Town o£ Southold, New York. You are hereby instructed to prepare an official report de£ining the conditions described in said petition and determine the area so affected with your recommendation. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P 0 Box 728 Southokl, New York 11971 TELEPHONE (516}765-1801 June 8, 1983 Mr. David DeRidder Environmental Analysis Unit N.Y.S. Dept. of Environmental Building 40, SUNY - Room 219 Stony Brook, New York 11794 Conservation Dear Mr. DeRidder: Enclosed is application of Brecknock Associates for a change of zone from "A" Residential & Agricultural District to "M" Light Multiple Residence on certain property situated a[ Greenport, Town of Soushold, New York, This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until June 27, 1983 We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Town Clerk Enclosures cc: Commissioner Williams Southold Town Building Department OFFICE OF THE ]-OWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P O. Box 728 Southold, New York 11971 TELEPHONE June 3, 1983 To Whom It May Concern: Attached hereto is Long Environmental Assessment Form submitted by Brecknock Associates in connection with their petition for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District on certain property at Greenport, Town o£ Southold, New York. Judith T. Terry Southold Town Clerk Posted on Town Clerk's Bulletin Board on June 3, 1983. TOIVN OF SOUTHOLD EAF ENVIRO;IMENTAL ASSESSMENT :-PART Project Information NOT[CE: This ¢ocu~enc '~ des,cried to assist in determining whether the action proposed may have a significant as dart of the a~plication for approval and may be suoject to further verification and pub)i( review. Prov~e any addltlonaI m,or~acion you believe will be needeO to comolet~ PARTS 2 and 3. The Breakers at Islands End ADD~ESS ANO NA~E OF APPLICANT: Brecknock Assoc. and Wolowitz c/o Gus Shad 690 Deer Park Ave Dix Hills, New York 11746 (P.O.) (Sro:e) (Zip) NAME AND ADDPESS OF OWNER (If DiCferent) Breakneck Assoc. c/o Gus Shad (Name) 690 Deer Park Ave. (Street) Dix Hills, New York '~P. O. ) (State) BUSINCSS PHONE: 586-9100 11746 (Zip) DESCRIPTION OK P~OJECT' (Briefly describe type of project or action) Cluster development of 350 Condominium dwellings with recreation complex, tennis courts, pool, clubhouse, equestrian center with trails and beach development (PL-~ASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) $~T[ DESCRIPTIOn( (Physica] settin~ of overall project, both Oeve]oned and undevelooed areas) Genera) character of che land: C~neral]y uniform slope -- Present land use: Uroan , Indus trial . , Cor~rcial -- , Agriculture , Other Total acreage of oroject area: 132 acres. Meadow or Brushland 84 acres ~0 acres F~r~ted . 40 acres 30 acres 2a, -f nr r.C.L Generally uneven and rolltno or irregular , Suburban , Rural X , Forest Presently AFter Comoletion Ua:er Surface Area 8 acres Unvegetated (rock, eartm or fill) acres .... acres Roads, buildinns and other ,~avea ~.and~ caped Other klnOlCace t~e) acres 17 acres 6. A~proxinate percencaoe of proposed project site with sloaes: 0-10% 80 .%: 1~.15~ 15 %; 15~ or greater 5 %. - 7. Is project contiguous to, or contain a buildino or site listed on the National Register of Historic Places? Yes _X No B. What is the depth to the water table? 18 t~i~erage (varies fro~!l 0-30) g. D~ hunting or fishing opportunities presently e%ist in the project area? ~ Yes NO lO, O~es project site contain any species of plant or animal life that is identified as threatened or enUan~ered - Yes ~ :~o, according to - Identify each species 11. Are there any unique Or unusual land forms on ~e~t site? {ile.~iffs.du.es, o%h~r geological f0mnations - X Yes il0. (Describe overlooking bong Is±anD ~Ounc~ 12. is the project site presently used by the con. unity or neighborhood as an open space or recreation area - Yes X No. 13 Doe~ the present site offer or include scenic views or vistas known to be important to the tone, unity? Yes NO 14. Streams within or contiguous to project area: a. Name of stream and name of river to w~ich it is tributary ~.~. 15. 16, B. Lakes, Ponds, ~etland areas within or contiguous to project area: a. I1am~ u~named : b. Size (in acres) 10 acres total What is the dominant land use and zonin~ classification within a 1/4 mile radius of ~ne project (e.g, single family residential, R-2) and the scale of development (e.g, 2 story), "A" - single-fam±l~ and agricultural PROJECT DESCRIPTION l, Physical dimensions and scale of project (fill in dimensions as appropriate) a Toro) contiguous acreage owned by project sponsor 144 acres. b. Project acreage developed: 13~acres initially; ~ ~ ~ acres ultimately, c. Project acreage to remain undeveloped 0 d. Length of project, in miles: ~.~. (if appropriate) e, If pro'eot is an e~pansion of e%istinq, indicate percent of expansion ~roDosed: building square foot- age ~.~. i developed acreage ~{.~. , f, Humber of oFf-strut parking sp~ces e~istino 0 ; proposed _ ~ 75 g. Maximum vehicular trios generated per hour ~ {upon completion of pro3ect) h. If residential: Number ~nU type of housinq unit~: ~ne Family Two Family Multiple Family Initial i. If: Jnddstr~al j. 12 - 100 Total ne,ghc of tallest nronosed struc[bre _ _35__._Feet. Condominium 50 350 ( assume ~ yr. program ) -z g. 10. 11. 0 How muc~ natural material (i.e. rock. earth, etc.) will be removed from the site - tons cubic yards. How many acres of veqetation (trees. s.hrubs, ground covers) ~ill be re,.~ved, from s~te - 20 acres relandscaplng to supplement exlstln~ Will any mature forest (over ]gO years old) or other locally-~mportant vegetation be re.~veU by project? Yes X No Are there any plans for re-vegetation to reolace that removed during construction? X Yes ',o If s~ngle ~nase proyect: Anticioated oeriod of construction months. (including If multi-nhased oroject: a. Total number of phases anticipated 5 NO. b. Antiaioated date o f cor~encement phase I 6 month 84 year (inclu~n~ demoli tion) c. Approximate completion date final phase 6 month 89year. d. Is phase 1 financially dependent on subsequent phases? Yes X Will blasting occur during construction? Yes X NO N~nber of jobs generated: during construction 300; after project is comdlete 50- Number of jobs eliminated by this project 0 Will or~ject require relocation of any projects or facilities? Yes 5 No If yes. ezola~n: lZ. a, Is surface or subsurface liquid waste disposal involved? __Yes X No. b. If yes, indicate type of waste (sewage, industrial, etc,) c. if surface disposal name of stream into which effluent will ne discharged 13. Will surface area of e~isting lakes, ponds, streams, bays or other surface wa~er-ways be increased or decreased by prooosal? X Yes No. la. Is project or any portion of project ]neared in the 100 year flood plain? __Yes X 15. a. Does project involve disoosal of solid waste? X Yes __No b. If yes. ~ill an existing solid waste disnosal facility be used? Yes c. If yes, qive name: Southold Landfi].]location d, dill any wastes not go into a sewaqe disposal system or into a sanitary landfill? Yes 16 Will project use herbicides or pesticides? Yes X No 17. Will project routinely produce odors (m~r. than one hour :er day)? __Yes X NO 18. Will project produce ooerating noise e~ceeding tme local amOience noise levels? Yes X No 19. Will project result ~n an increase in energy use? X Yes __No. If yes. indicate type/s) __ Domestic Heating, cooling and electric needs X No 2D. 21. 22. Total anticina:ed water usage per day _~_4~O00mals/dav- Residential M (Multifamily) A(Singlefamily) Yes * · increase of M-Zone but covenant a I~-s--s-e~ density. 26. Approvals: a. Is any Federal permit required? Yes X No b. Does project involve State or Federal Funding or financing? ---- C. Local and Reqional approvals: Approval Required {Yes. No) (Type) Yes X Submittal (Date) No Approval (Date) City, Town, Village Board City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department wes Other )DCa) agencies nO Other regional agencies no State Agencies ,,es Federal Agencies -~ _yes re-zoning 6/83 yes site plans ~d wat~ wetlands permit C. INFORHATIONAL DETAILS Attach any additional inforrnatio~r%as ~ay be needed to clarify your project, It' there are or may be any adverse impacts associated with I~h) p~posal, ol, ease discuss such impacts and the measures which can be tmken to mitigate or avoid them. ~ J.-~ /) ~m __ - ~ P~EPA~ER'S SI~ATURE: ~' ~A)EA ~_ Robert Manniello TITLE: Partner, Land Design Associates REPRESENTING: Leo Wolowitz, purchaser DATE: June 1, 1983 EAF ENVIRONMENTAL ASSESSMEN~ - PART II Project Impacts and Their Magnitude - In complec~nq thc form the reviewer should be guided by the question: Have my decisions and determinations been reascPab]eF The reviewer is not expected to be an expert environmental analyst, - ]denti~ymg :hJt ar effect will be potentially large (column 2) does not mean that it is also necessarily sionlfICaqt. ~r:v larg? effect must be evaluated in PART 3 to deter-mine significance. By identlfy~ng an effect in column 2 simply as ks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the [hreshnlc of magnitude that would trigger a response in column 2. The e~amples are generally applicable throughout the State and for most situations. But, for any specific project or site other e,amples and/or lower thresholds may be more appropriate for a Potential Large Impact rating. Each p r'oject, on ~ach site, in each locality, will vary. Therefore, the examples have been offered as guidance They do not constitute an exhaustive list of impacts and thresholds to answer each ouestion. - The nur~ber of e~amples per question does not indicate the importance of each question. INSTRUCTIONS (gead Carefully) a. Answer each of the 18 questions in PART 2. Answer Ye~S if there will be any effect. b. Maybe answers should be considered as Ye~s answers. c. If answering Yes to a ouestion then check the appropriate box (column 1 or 2) to indicate the potential size of the impact, if impact threshold equals OK exceeds any example provided, check column impact will occur but threshold is lower than example, check column I. d. if reviewer has doubt about the size of the impact ~hen consider the impact as notentially large and proceeP to PART 3. e. If a potentially larde impact or effect can be reduced by a change in the project to a less than large magniCuOe, place a Yes in co!unn 3- A No response indicates, that such a reduction is not Possible. IMPACT ON LAND WILL THERE BE AN EFFECT ~S A RESULT OF A PHYSICAL CHANGE TO PRDJECT SZTE? NO YES O® Any construstio- on slopes of 15% or greater, (15 foot rise Der 1D0 Foot oF lengt'!), or where the oeneral slopes in the project SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE X -5- YES ~ILL THERE aE AN EFFECT TO ANY UNIQUE QB UNUSUAL LANQ FnRHS~ FOUND ON THE SITE? (i.e. cliff~, dunes, aeological for-ma- t~o~s, etc.) Il,PACT ON WATER Sneclfic land for~s: Nn YES 3. WILL PROJECT AFFECT ANY WATER BODY DESIGNATED AS .......... ~ ~ PROTECTED? (Under Articles 15, 24, 25 OF the Envir- ~ ~ ~0 Dreagtna .~ore than log cubic yards of material Frtwn 4. WILL PROJECT AFFECT ANY NON-PROTECTED EXISTING OR NFH NO YES BODY OF HATE~? ........................................... Q 0 E~a~ples that ~ou)d Apply to Column 2 ~10 Construction of a body of water that exceeds ID acres of NO YES 5. gILL PROJECT ~FKECT SURFACE OR GROLIND'JATEN nlIALITY? ~ V ~0 Prrject will require a discharge permit. ~ Pro)eot ?~qdl~es use of a SDUKC~ of water that does not have IMPACT P~OJECT CHANGE ~mJ~OFF) m .................................................. ~0 7. )~ILL P~DJECT AFFECT AIR QUALITY? ......................... million BTU's per hour. 8. wILL PROJECT AFFECT A~Y THREATENED O~ ENDANnERED SPECIES? ~___O Removal of any oort~on of a critica) or sionificant wild- YES I~LL TP PATENTIAL KAN {II~ACT BE ~3 DEli. AT E LA~GE RED;iCE2 CV ®© ~. L~ILL PmOJECT SU~STA~ITIALLY AFFECT )!ON-THREATE~ED OR NO YES ~A~m~E~P~C~[~ ....................................... ¢0 -7- no E%Jmnles that uould A~ply ~o Column 2 ma_vbe IMPACT ON HIKTORIC RESOURCES 11. WILL PROJECT I)!PACT ANY SITE OR STRUCTURE OF HISTORIC, PRE.~(IKT~DIC np PALEQNTO~IC~L [~'rOPTANCE? ....... Examples Chat ~ould ADolv to Column Z NO qO ;tALL T~ OCTE~)TIAL CA;~ I~'PACT BE IODERATE LARGE REDUCED ny × YES YES 17. no maybe__ no IMPRCT 0 OP~WTH AND CHAP~CTpR OF COMr~'JNIT¥ OR II£IDwmnP~O~ WILL P~OJECT AFFECT THE CHAPACTER nF THE EXISTING COMh~JNIT¥? .............................................. NO YES E,amble that Would Apoly to Column 2 The population of the City, Town or Village in which the project is located is likely to prow by m~re than Bt of resident human population. n___o resul[ oF this project. (Project will more than pa' Wi)] involve any permanent Facility of a non-agricultural use in an agricultural district or remove nrime agricultural )anUs fr~m cultivation. The project will replace or eliminate existing facilities, structures or areas of historic importance to the co~unity. Development will fnduce an influx of a particular age NO YE~ IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? Examoles that Would Apply to Column Z not been contacted. Obieccions to the nroiect from within the co~nity. IODERATE LARGE REDUCED BY [~'PACT IliPACT PROJECT CH.~NGE Eo~ thy inc :e~$e.) IIF ANY ACTION Il: PART 2 IS IDENTIFIED AS A m POTENTIAL LARGE IMPACT O~ IF YOU CANNOT DETE~INE THE MAGNIll~DE OF IMPACT, PROCEED TO PART 3. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I PART II PART 3 Upon review of the information recorded on this EAF (Parts l, 2 and 3) and con$t~erinq moth the maqnltude and tmnortance o~ each PREPARE A UE~ATiVE DECLARATION PREPARE A NEA~TIVE DECLARATION PREPARE POSITIVE DECLARATION PROCEED WITH EIS ISMALL TO POTENTI~L CAN IMPACT DE MODERATE LA90[ REDUCED BY IMPACT I'IPACT PROJECT CHANGE × × IWPACT ON ENERGY l~. Hill PROJECT :FFEDT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERqY SUPPLY? .......................................... Examples that Would ~DDly to Column 2 ma]~C).eProject causing qreater than 51~ increose in any form of energy used in municipality. ~'e$__ Project reouiring the creation or extension of an energy Cransmlss~on or supply system to serve more than 5(1 sinqle or two family r~siaences. Other impacts: ?PACT ON NOISE 15. WILL THERE GE OBJEDTInNABLE ODORS, NOISE, GLARE, VIB~ATI~)N NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? .... Examples tDat Itould Aooly to Colutm~ 2 1so Blastinq within 1.50,0 Feet Of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). 190 Project will produce ooereting noise exceedina the local amOient noise levels for noise outside of structures. P_O Project will remove natural barriers that would act as a noise screen. Other imhacts: IMPACT 0N HEALTH & HA~ARD~ )ir') YFS V E.~amDI.s that I,/ould Ikpply to Column 2 I'lO Project will cause a risk of exQloslon or release of hazardous -- substances {i.e. oil, pesticidns, chemicals, radiation, etc.) ~n the event of accident or UPset conditions, or there will he a chronic Iol., level discharge or emission. fi.e. toz~c:, onisonouS, highly reactive, radioactive. ~rritating, ELF EIJVIROD~MENTAL ASSESS~IENT - PART III EVALUATIF):I OF THE IMPF~;TANC£ DF IMPACTS I)IFOR~AT InN - Part B is preoared if one or more impact or effect is considered to be potentially laroe, - The an~unt of wri tino necessary to answer Part B may bm determined by answering the ouestion: In briefly completing the instructions below have I placed in this record sufficient infor~nation to indicate the reasonableness of my decisions? INSTRUCTIONS Complete the followinq for eacm impact or effect identified in Column 2 of Part 2: l. Briefly describe Che impact. 2, Describe (if applicable) how the impact might be mitigated or reduced to a less than large imnact by a pro- Ject cqange. 3. Based on the info~mation available, decide if it is reasonable to conclude that this impact is imoortant to the minicioality (city, town or villaqe) in whicD the project is located, To answer the question of importance, consider: The probability of the impact or effect occurrinq The duration of the impact or effect Its irreversibility, including permanently lost resources or values Uhether the impact or effect can be controlled The regional consequence of the impact or effect Its potential divergence from local needs and goals WhetDer Known objections to the project apply to this impact or effect. DETERMINATION OF SIGD)IFICA~ICE An action is consiPered to be significant if: One {Dr more) imoact is determined to both )arne and its (their) conseouence, based on the review above, is important. PAPT III STATEMENTS (Con:inue On Attachments, as needed) TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition o[ BRECKNOCK ASSOCIATES and LEO WOLOWITZ to the Town Board of the Town of Southold. NOTICE TO: Jem Realty Corp. c/o Kontokosta 43rd West 54th Street New York, NY 10019 Floyd F. King c/o Islands End Golf Course Ma~' Road Greenport, NY 11944 Russos Abadiotakis & wife 1516 East 15th Street Brooklyn, NY 11230 Jerry Schofield & F. 235 East 57th Street New York, NY 10022 McIntosh YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigne~d to petition the Town Board of the Town of Southold to requesta chanqe, modification and amenament of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including Building Zone Maps, from "A" Residential and Agricultural L~ 'M" Light Multiple District. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: (See attached Schedule A) 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural District 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "M" Light Multiple Residence District. 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. B~ECKNOCK ASS~ATES Dated: June 1, 1983 Petitioner - Leo Wolowitz / ~ Post Office Address: Brecknock Associates: c/o Gus Schad 690 Deer Park Avenue Dix Hills, ~Y 11746 Leo Wolowitz: 1 ~es Court Plainview, NY 11803 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being near Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point located on the southeasterly por- tion of the premises being described herein, which point is the northeasterly corner of land of Schofield and McIntosh, and is the following two courses and distances from a monu- ment located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two cour- ses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following four courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) North 41° 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and distances: (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4: 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" East 1,310.00 feet; (9) South 10° 30' 50" East 269.45 feet to the point or place of BEGINNING. Containing 74.53 acres. NAM£ PROOF OF MAILING OF NOTICE ADDRESS Jem Realty Corp. Floyd F. King Russos Abadiotakis & wife Jerry Schofield & F. McIntosh c/o Kontokosta 43rd West 54th Street New York, NY 10019 c/o Islands End Golf Course Main Road Greenport, NY 11944 1516 East 15th Street Brooklyn, NY 11230 235 East 57th Street New York, NY 10022 STATEOFNEWYORK: COUNTY OF SUFFOLK: SS.: Barbara Diachun , residing at School House Road, Cutchogue, New York , being duly sworn, deposes and says that on the 3rd day of June ,19 83 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Office at Cutcho~ue ~ New York ; that said Notices were mailed to each of said persons by (certified) JZJ~Jllt~JiJ~ maiL. Sworn to me this 3rd day of June ,19 ~3 ?'~' /NotarY-Public MAJ~Y LO~ DORO~KI Barbara Diachun .-.j CZ) C~ TOIYN OF SOUTHOLD EAF ENVIRO;IMENTAL ASSESSMENT PART ! Project In for~mtion NOTICE: Th~s document ~ ges~?ned to asstst In determining whether the action proposed may have a significant effect on the ~rlVlrC','k'n [. Please comclete the entire Data Sheet. Answers to these quas tions will be considered any add~tlonal ~nYormacion you believe will be needed to comolet. PARTS 2 and 3- NAHE OF PROJECT: NAHE AND ADDRESS OF OWNER (If Different) The Breakers at Islands End ADDRESS ~ND NAHE OF APPLICANT: Brecknock Assoc. and Wolowitz c/o Gus Shad 690 Deer Park Ave (Street) Dix Hills, New York 11746 (P.O.) (S~a'..) (Zip) Bre~kn'6ck Assoc. c/o Gus Shad (Name) 690 Deer ?ark Ave, (Street~ Dix Hills, New York 11746 {P.O- J (State) (Zip) BUSINcSS PHONE: 586-9100 DESCRIPI'IDN OF P:OJECT' (Briefly Uescrtbe ~ype of project or action) Cluster development of 350 Condominium dwellings with recreation complex, tennis courts, pool, clubhouse, equestrian center with trails and beach development (PLEASE COMPLETE EACH QUESTI(I~I - Indicate N.A. if not applicable) SITE DESCRIPTION (Physical setting of overall project, both develoned and undeveloped areas) General cnaracter of ~he ]and: C~nera))y unifar~ slope -- _~_. Presenc land use: Uroan , Industrial .-- , Co~)ercia) .-- __, Agriculture , Other Total acreage of nro3ec~ a r~a: 13 2 acres. A~oroximate acreage: Pre~ent]y After Completion Meadow or Brushland 84 acres $0 acres Forested 40 acres 30 acres Genera)ly uneven and rolllng or irregular , Suburban .. Rural X , Forest Presently After Completion dater Surface Area 8 acres _]._O_ac-es Unvegeta ted (rock, earth or fill) acres ____acres Roads. buildines and other '~aved ~ a~d s c aped O~ner Find,cate t~e) acres 17 acres 4. '~as lc ~-eOom,nant soil [vDe(s~ on nra!ecs s,c~,Ha_v_~__a_n~__.R_iverhead loams ' 6. A~pro[inate percentaoe of proposed oroject site with slopes: greater 5 %. ' 7. 0-10% 80 ,~; ln-lg~ 15 %; 15] or Is project contiguous to, or contain a buildin~ or site listed on the National Register of Historic Places? Yes ~{ No B. What is the depth to the water table? 18 ~erage (varies from 0-30) g. Do hunting or fishing opportunities presently exist in the project area? X Yes No )0. ~oes project site contain any species of plant or animal life that is identified as threatened or endangered - Yes X ;lo, according to - Identify each species 11. Are there any unique or unusual land forms on ~he pr~j. ect site? (i.e. cliffs~ dunes,~oth~r geological 15. 16. B. Lakes. Ponds, Wetland areas within or contiguous to project area: a. Na~ unnamed : b. Size (in acres) !O acres total What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-2) and the scale of development (e.g. 2 story). "A" - single-family and aqricultural PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor 144 acres. b. Project acreage developed: 132acres initially; 144 acres ultimately. c. Project acreage to remain undeveloped 0 d. Length of project, in miles: I~.A. .(if appropriate) e. IF project is an expansion of existing, indicate percent of e~dansion proposed: age ~).A. ; developed acreage N.A. , F. Number of off-str~et parking spaces existino 0 ; proposed 875 g. Maximum vehicular trios generated per hour ~ 5 (upon completion of project) h. If residential: Number and type of housinq units: ~ne Family Two Family Multiple Family Ultimate 12 - 100 35 Fees. 50 350 building square foot- ( assume 5 ;'r. program ) -2- 0 2 How much natural material (i.e. rock, earth, etc,) will be re~ved fr~ the site - tons cubic yards. 3. Wow many acres of veqetation (trees, shrubs, ground covers) ~ill be r~ved fro~ site - 20 acres relandscaping to supplement existing 4. Will any mature forest (over)gO years old) or other locally-important vegetation be ren~ved 9y th~S project? Yes X No 5. Are thorn any plans for re-vegetation to reelace that removed during construction? X Yes ',o 6. If s~ngle obese project: Anticioated oeriod of construccion months, (~ncluding demol~t~onh 7. IF mu)t~-nhaseo oroject: a. Total number of phases anticipated ~ No. b. Anticioated date of commencement phase ! ~ month ~ year (inclv~n~ demolition) c. Approximate comflletion date final phase ~ month . 8~yea~. d. Is phase 1 financially dependent on subseouent phases? Yes ~ No B Will blasting occur during construction? Yes X NO g. Number of jobs generated: during construction ~00~ after project is complete ~0. lO. Number of jobs eliminated by this project 0 ll. Will project require relocation of any projects or facilities? Yes ~ No. If yes, exolain: 12, a. Is surface or subsurface liquid waste disposal involved? Yes X No. b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal na~ of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface water-ways be increased or decreased by prooosal? ~ Yes No. 14. Is project or any portion of project located in the 100 year flood plain? Yes ~ 15. a, Does Project involve disbosal of solid waste? if. Yes NO b. If yes, will an existing solid waste disnosal facility be used? Yes No c. If yes, give name: $0tlthold L~nd~i]~])ocation d. dill any wastes not go into a sewage disoosal system or into a sanieary landfill! __Yes 16. Will prnject use herbicides or pesticides? Yes X No 17. Will project routinely produce foots (more than one hour oar flay)? Yes X ~o 18. Will project produce ooeratin§ noise e~ceeding the )foal ambience noise levels? Yes X lg. qill project result in an increase in energy use? X Yes ~o. If yes, indicate type(s) -- Domestic Heating, cooling and electric needs X No 20. 21, 22. Total ant~cinated water usage per day ~_4~O00gals/dav. N.A. gals/m~nute. Residential M (Multifamily) A(Singlefamily) Yes * If no, indicate desired Zo~nq * increase of M-Zone but covenant 26. a. Is any Federal permit required? Yes X NO b. ODeS project involve State or Federal funding or financing? ---- C. Local and Regional approvals: Approval Required (Yes, No) (Type) Yes X Submittal (Date) No Approval (Date) City. Town, Village Board yes City, Town, Village Planning Board yes City, Town, Zoning Board itu City, County Heal th Department ~es Other local agencies ~0 Other regional agencies ~0 State Agencies Yes Federal Agencies ~0 r~-zoning 6/83 site p£ans ~d water wetlands permit C. INFORMATIONAL DETAILS Attach any additional info~atiori~as ~y be needed to clariFy your project. If there are or may be any adverse t~acts associated w~th ~h~ p~posal, ql~ase discuss such impacts and the measures which can be taken to mitigate or avoid them. ~ a~ ~-~ - ~ , PREPARER'S SI~ATURE: ~ ~_)~A~_ Robert ~%anniello TITLE: Partner~ Land Design Associates REPRESENTING: Leo Wolowitz, purchaser DATE: June 1, 1983 -4- EAF ENVIRONMENTAL ASSESSMENT.- PART II Project Impacts and Their Magnitude General ln'r~aC~o~ '~-~-._,f: C~refully) - In comqlectnq tn6 ~or~ the reviewer should be guided by the question: Have my decisions and determinations been reaso~bleY The reviewer is not expected to be an expert environmental analyst. - IdentiFying t~at ar effect will be potentially large (column 2) does not mean that it is also necessarily sion~Ficant, arv larg~ e?feet must be evaluated in PART 3 LO determine significance, Ry ident:fying an effect ~n column'Z simply asks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever Dossiqle the [hresho]p oF magnitude that would trigger a response in column 2. The examples are generally apDlicab)e throughout the State and for ~?~)st situations_ But, for any specific project or site other examples and/or lower thresholds may be m~re appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples have been offered as guidance. They Up not constitute an exhaustive list of impacts and thresholds to answer each nuestion. - The number of examples per question does not indicate the importance of each question. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a ouestion then check the appropriate box (column 1 or 2) to indicate the potential size o? the impact. If impact threshold equals or eAceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the impact ~ben consider the impact as ~otentially large and ~roceed to PART 3. e. If a potentially larpe impact or effect can be reduced by a change in the project to a less than large magnituOe, Giace a )es in column 3. A NO response indicates-that such a reduction is not possible. IMPACT ON LAND NO YES WILL THERE BE All EFFECT AS A RESULT OF A PHYSICAL CHANGE TO OQ PROJECT SITE? Examples that Would Apply to Column 2 Any construction on slspes of 15% or greater, (15 foot rise her lO0 foot of lengt,~', er where the general slopes in the project ~rea e~ceed lot. -5- SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT !MPACT PROJECT CHANGE × Other impacts: ~'O YES PILL THERE BE AN EKFECT TO ANY UNIQUE OR UNUSUAL LANO FnRHS~ FOUND ON THE SITE? {i.e. cliff~, dunes, qeoloQical fom~- ~ t lo~s, etc.) Sneclfic land ro~'ns: II'PACT ON WATER Hn YES 3. WILL PROJECT AFFECT ANY WATER BODY DESIGNATED AS ......... ~ ~ P~OTECTED? {Under Articles 15, 24, 25 of the Envir- onmental Conservation Law, E.D.L.) Exammles that Would A~p)y to Co)Lawn ~ hO Construction in a designated freshwmter or tidal wetland. 110 A 10% increase or decrease in the surface area of any body of water or more than a lO acre increase or decrease, NO YES 5. U[LL PROJECT AFFECT ~U~FACF OB G~OIINDUATER nlIALITY? ~ ~ ;"ALL Tr~ PnTE'~TIAL CAN I'IPACT BE [~pA~T IMPACT PROJECT CHANGE × qUNqFF~ ' ................................................ O0 7. UILL PI~OJECT APFECT AIP QUALITY? ......................... hour, million BTU's per hour. B. WILL P~DJECT AFFECT ANY THREATENED DP, ENDANGERED SPECIES? NO YES YES "(DC) ! GO g. 'IILL DmOJECT SUBSTA;ITIALLY AFFECT HON-THREATE~IED OR N~ YES -7- 19. no E%amnles that l~ould Apply to Column 2 _n__O A oroject easily vis(ble, not easily screenedjt')at Is obviously diF6erent from ntners arouno it. maybe Pmjec: w~]) result in the elimination or major IMPACT ON HIFTORIC RESOURCES ]l. WILL PROJECT II'PACT ANY SITE OR STRUCTURE OF HISTORIC, PRE-HI~T~D[C nR PALEQNTOnlCaL I)'PgRTANCE? ............. no Any tm~act ~o an archeological site or fossil bed located 12. NO I.P~CT ON OPEN SPACE & RECREATIgN NILL THE pRnJECT AFFECT THE OUANTITY OR QUALITY OF EXISTING NO OR FUTURE OPEN SPACES OR RECPEATIONAL OPPORTU'iITIES? ...... NO SUALL Tq OOTE!JTIAL CAI; I;'PACT RE qODERATE L~RGE REDUCED nT × YE% YES YES YES S~kALL TD POTENTIAL CA~ ]HPACT ~E '~ DEP~a T£ LA~GE REDUCED BY IMPACT I~IPACT PROJECT CHANGi × × IUPACT ON E~(ERGY 14. ~IILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL QR NO YES ENERGY SUPPLY? ........................................... E~ameles that Would ~pply to Colu~tn 2 energy used ~n municipality. ye_..._~ P~ject requiring the creation or extension of an energy Cransm~ssion or supply system to serve n~re than 50 sinqle Other ~mpacts: IMPACT ON NOISE 15. WILL TRERE 8E OBJECTInNABLE ODORS, NOISE, GLARE. VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? .... Examples that ttould Aooly to Col unm 2 ~O Blasting within 1,50P feet of a hospital, school or other sensitive facilitv. Odors will occur mutinely (~re than one hour ~er day). IEPACT 0)) HEALTH & HA~R~ 16. HILL PROJECT AFFECT PUBLIC HEALTH AND SAF.Y? ............. Examples Chat ~ould ~pply to Column ~ ~ suDstances {i.e. oil, pesticides, chemicals, radiation, etc.) Proiect tna~ w~ll result in the burial o6 "hazardous wastes" I~quld or contain gases.) 17. no maybe__ no n__o ZMPAOT Oil GPO~FTH AND CHAI~C,TER OF COHItUNITY OR IIEIBHB'~RuO~ WILL PROJECT AFFECT THE CHAPACTE~ nF THE EXISTING NO YE5 E~ample that Would Ap~l¥ to Column The population of the City, Town or Village in which the project is located is likely to grow by more than 5~ pA resident human population. result of th~s project. (Project will more than pa Will involve any 9ermanent facility of a non-agricultural use in an agricultural district or re.mve nrime agricultural lands fr~m cultivation. The project will replace or eliminate existing facilities. structures or areas of historic importance to the co,~nuntty. Developnmnt will induce an influ~ of a particular age group with special needs. Project will set an important precedent for future proiects. Project will relocate 15 or ~re amnloyees in one or ~re Other i~acts: NO YC~ lB. IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? ELam@les that Would Apply to Colunm 2 ~0 Either government or citizens of adjacent co~nunities have e~pressed opposition or re3ect~d the pr~iect or have not been contacted. ~-Iayb.~ Obiections to the nroiect fr~m within the community. ~b~_ TO POTENTIAL CAN IMPACT BE tODER~ TE LARGE REDUCED BY II!PACT IllPACT PROJECT CPLANGE X for ~ny inc ~ease.) IIF ANY ACTION IN PART 2 IS IDENTIFIED AS A m POTENTIAL LARGE IMPACT OR IF YOU CANNOT DETE~INE THE MAGNIllJDE OF IMPACT, PROCEED TO PART 3. PQRiIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I PART II PART 3 IJpon review of the information recorded on this EAF (Parts l, 2 The project will result in one or more maior adverse impacts that c~nnot be reduced and may cause siqnlficant damage to Flare PREPARE A NEAATIVE OECLARATION PREPARE A NEGATIVE DECLARATION PREPARE POSITIVE DECLARATION PROCEED WITH EIS Signature of Rospons~ble Official ~n Lead ~gencv E~F ENVIRONMENTAL A~SES~MENT - PART EVALUATIODI OF THE IMPORTA'IC£ OF IMPACTS I~IFORMAT InH - Part 3 is prepared if one or more impact or effect is considered to be potentially laroe, - The an~unt of writino necessary to answer Dart 3 may be determined by answering the Ouestion: In briefly completing the instructions below have I placed in this record sufficient information to indicate the reasonableness 06 nv decisions? INSTRUCTIONS Complete the followinq for each impact or effect identified in Column 2 of Part 2: ). Briefly describe the impact. 2. Describe (if apolicable) how the impact might be mitigated or reduced to a )ess than large imnact by a pro- Ject change. 3. Based on the information available, decide if it is reasonable to conclude that this imnact is ]mportant to the miniciDality (city, town or village) in ~vhich the project is located, To answer the question of importance, consider: The probability of the impact or ~ffect occurring The duration of the impact or effect Its irr~versibility, including permanently lost resources or values Whether the impact or effect can be controlled The regional consequence of the impact or effect Its potential divergence from local needs and goals Whetmer Known objections to the project apo)¥ to this impact or effect. DETERMINATION OF SID!IFICA~ICE An action is considered to be significant if: Ane (or more) imoact is determined to both large and its (their) conseouence, based on the review above, is ~mportant. PAPT III STATEHENTS (Consinue on Attachments, as needed) RECEIVED ~own Cterk Southeld RICHARD F. LARK June 3, 1983 Southold Town Board 53095 Main Road - Town Southold, NY 11971 Hall ATT: Judith Terry, Town Clerk RE: Change of Zone Application - Brecknock Associates(Gus Schad) and Leo Wolowitz Dear Mrs. Terry: In connection with the above-captioned application, I am enclosing the following: 1. Petition in triplicate with Exhibits 1 through 9. EAF Environmental Assessment Form completed by Robert Manniello of Land Design Associates. Three additional copies of Adjacent Property Owners Map to Accompany Change of Zone Applica- tion and Location and Zoning Map Showing Sur- rounding Area (Exhibits 8 and 9). Notice of Adjoining Property Owners with Affidavit of Service and certified mail receipts. My check payable to the Town of Southold in the amount of $100.00 representing the filing fee. If all is in order, please process this Petition with the appropriate municipal agencies so a public hearing may be held at the earliest available date. If you have any questions, please do not hesitate to contact me. Very truly yours ..... ~ichard F. Lar3~ RFL/mld Enclosures RECEIVED JUN 3 lg83 CASE NO. PETITION Town C~e~ Southold STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF BRECKNOCK ASSOCIATES AND LEO WOLOWITZ FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. WE, BRECKNOCK ASSOCIATES, a co-partnership, with office c/o Gus Schad, 690 Deer Park Avenue, Dix Hills, New York; and LEO WOLOWITZ, with office at 1 Ames Court, Plainview, New York, are the owner and contract vendee, respectively, of certain real property situated near Greenport, Town of Southold, Suffolk County, New York, more par- ticularly bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being near Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point located on the southeasterly por- tion of the premises being described herein, which point is the northeasterly corner of land of Schofield and McIntosh, and is the following two courses and distances from a monu- ment located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19~ 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two cour- ses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following four courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65~ 07' 50" East 367.40 feet; (3) North 32~ 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25~ 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57~ 59' 35" East 188.68 feet; (6) North 41~ 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and distances: (1) South 30: 10' 40" West 600.00 feet; (2) South 37" 54' 10" West 465.41 feet; (3) South 65~ 25' 30" West 278.65 feet; (4) North 4" 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" East 1,310.00 feet; (9) South 10° 30' 50" East 269.45 feet to the point or place of BEGINNING. Containing 74.53 acres. 2. We do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: From "A" Residential and Agricultural District to "M" Light Multiple Residence District. -1- 3. Such request is made for the following reasons: INTRODUCTION Your petitioner, Brecknock Associates, hereinafter called "Schad", has been the owner of the property known as "Brecknock Hall" on the northerly side of North Road (State Route 25), near Greenport, Town of Southold, Suffolk County, New York, since April 10, 1969. For the last ten years your petitioner Schad has sought to develop this property in a manner which would preserve the natural beauty and character of the land and still provide an attractive place for people interested in leisure and recreation to live, as well as not being bothered with the problems of property upkeep and maintenance. To achieve this goal, the condominium form of ownership for the multiple dwelling units was chosen as being the most desirable. The main problem was to find a builder/developer who could accomplish the design and construction, and who had the financial ability, sen- sitivity and experience required to complete a project of this nature. About a year and a half ago, petitioner Schad was introduced to peti- tioner Leo Wolowitz, hereinafter called "Wolowitz". He was very much interested in building the multiple dwelling units and has the necessary expertise, financial backing, and experience to build a development of this nature. Wolowitz agreed to undertake the project providing he could buy the land outright, including the business district, rearrange the existing zoning and scenic easement on the property. After several preliminary drafts of plans and layouts, it became apparent the land zoned "A" Residential as well as the multiple zoned property would have to be utilized to build a worthwhile development. The existing zoning on the property allows it to be developed on an "as is" basis in an economical fashion, but would result in congestion of the units and provide for an inferior use of the property. Further, to build the multiple living units in this fashion would not be in keeping with what your petitioner Schad desires for the property. Although prac- tical from an economical point of view, from an aesthetic and environ- mental viewpoint there was not enough actual land area being devoted to the multiple residential units, in order to develop the property and still preserve the natural terrain features. Therefore, a master plan had to be projected considering the use of the entire property, both residential and multiple use districts; taking into consideration the topographical features. The result is the Preliminary Master Plan which is attached hereto as Exhibit 2. From this Master Plan the Map of Proposed Zoning Plan (Exhibit 1) evolved. THE PROPERTY The parcel of land on which the multiple units would be erected is bounded on the north by Long Island Sound, on the east by land of Floyd King which is currently used as an 18-hole golf course, and land of Abadiotakis which is currently vacant, on the south by North Road (State Route 25), land of Schofield and McIntosh which contains a residence, and other business property of your petitioner Schad con- taining the two-story stone mansion known as "Brecknock Hall", a large barn, a residence and some outbuildings; and on the west is land owned by Jem Realty Corp., which is farm property (your petitioners understand the Jem Realty Corp. property is also being proposed for some type of multiple use). The petitioner Schad's property which is proposed to be rezoned in order for the plan to be built properly, is an interior parcel con- taining 74.53 acres currently zoned "A" Residential and Agricultural District which is bounded on the north by Long Island Sound and on the east by other land of your petitioner Schad which is zoned "M" Light Multiple Residence District, on the south by land of Schofield and McIntosh and other business zoned property of your petitioner $chad and on the west by Jem Realty Corp. -2- EZ~ISTING ZONING The property upon which the multiple dwelling units would be located consists of 132.08 acres which are zoned as follows: 74.53 acres zoned "A" Residential and Agricultural District, and 57.55 acres are zoned "M" Light Multiple Residence District. Of these 57.55 acres, 19.27 are burdened by a Scenic Easement with the Town of Southold in which no building can take place. Even considering the current amendments to the Southold Town Zoning Ordinance concerning "A" Residential and Agricultural Districts, the present dwelling unit density for the above-described parcel of land would be 425 individual dwelling units. However, the general orientation of the current multiple zoning in a northerly-southerly direction and the existing "A" Residential zoned property in an easterly-westerly direction, would not be in keeping with the development goals of your petitioner Schad. It became apparent to your petitioner Wolowitz, by doing some extensive land planning engineering, and taking into consideration the existing topography, vegetation (Exhibit 3), existing soil types (Exhibit 4), and the existing slopes (Exhibit 5), it was superior to locate the dwelling units in an east to west orientation, taking advantage of the natural terrain features of the Sound bluffs, the existing ponds, and topography of the property. The final result was the Preliminary Master Plan (Exhibit 2). THE PLAN In an effort to preserve the existing terrain features and to provide a centrally located clubhouse, pool and tennis courts, a master plan was developed to locate the dwelling units to take advan- tage of the property's unique features. This required the use of the residentially zoned property and the relocation of the scenic ease- ment. By utilizing this method, the density was reduced to 350 units and the size of the scenic easement was increased from 19.27 acres to 37.92 acres. See Preliminary Master Plan (Exhibit 2) for relocation of scenic easement, road layout and location of units. The dwelling unit density for the project will be 2.65 per acre. Due to the size and cost of the development, unit construction is proposed to take place in three sections which would take several years to complete. Each section would have its own architectural design to blend in with the property. The common areas would be owned by a homeowners association, and would include the scenic easement areas, the beach, the buffer zone separating the property from the golf course, the existing ponds, clubhouse, pool, tennis and paddle courts, and equestrian center. Negotiations are under way with the Village of Greenport to pro- vide water and sewage service to the project. As to water supply, this appears to be feasible as there is an existing water main on North Road (State Route 25) to service the property. In addition, the Village of Greenport is desirous of providing a connection of the existing Village sewer main located at Bridge Street and Atlantic Avenue in the Village with your petitioners' property. It has been represented that the Greenport Sewage Treatment Plant is adequate to handle any sewage from this area. -3- PROPOSED ZONING With the encouragement of the Southold Town Planning Board to reduce and restrict the density to 350 units for the entire parcel, and relocate the units in a fashion that would provide for more space, a rezoning request became mandatory under the existing ordinances and regulations of the Town of Southold. To insure the density would be restricted and open space would be preserved, your petitioner Schad is attaching as part of this application a Proposed Amended Grant of Scenic Easement (Exhibit 6) and Pro@osed Declaration of Covenants and Restrictions to be placed upon the property (Exhibit 7) if the request to construct the units on this property is granted. EXHIBITS EXHIBIT 1 - EXHIBIT 2 - EXHIBIT 3 - EXHIBIT 4 - EXHIBIT 5 - EXHIBIT 6 - EXHIBIT 7 - EXHIBIT 8 - EXHIBIT 9 - Map of Proposed Zoning Plan Map of Preliminary Master Plan Map Showing Existing Topography and Vegetation Map Showing Existing Soil Types Map Showing Existing Slopes Proposed Amended Grant of Scenic Easement Proposed Declaration of Covenants and Restrictions Affecting Property Adjacent Property Owners Map to Accompany Change Zone Application Location and Zoning Map Showing Surrounding Area of BRECKNOCK ASSOCIATES Gus ~had, Pa~q~er STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss: GUS SCHAD, BEING DULY SWORN, deposes and says that he is a partner of BRECKNOCK ASSOCIATES, one of the petitioners in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on infor- mation and belief, and that as to those matters he believes it to be true. Sworn to before me this 1st day of June, 1983 Gus ~ STATE OF NEW YORK: COUNTY OF SUFFOLK: ss: LEO WOLOWITZ, BEING DULY SWORN, deposes and says that he is one of the petitioners in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated those matters he believes it to be alleged on information and belief, and that as to Sworn to before me this 1st day of June, 1983. to be true. ~aryz Public -5- PROPOSED AMENDED GRANT OF SCENIC EASEMENT THIS INDENTURE, made this day of , 1983, by and between BRECKNOCK ASSOCIATES, a co-partnership, with offices c/o Gus Schad, 690 Deer Park Avenue, Di× Hills, New York, hereinafter called the Grantor, and THE TOWN OF SOUTHOLD, a municipal corporation having its principal place of business at 53095 Main Road, Southold, New York, hereinafter called the Grantee. WHEREAS, agreement covering portions July 15, 1971, and recorded Office on December 13, 1971 there exists a Grant of Scenic Easement of the Grantor's land, dated in the Suffolk County Clerk's in Liber 7066, page 386; and WHEREAS, the parties desire to modify the aforesaid Grant of Scenic Easement by cancelling same and placing in its stead the following Grant of Scenic Easement on other property of the Grantor, more particularly described in Schedule A herein; and WHEREAS, said premises constitute an area of natural scenic beauty and whose existing openness, natural con- dition, or present state of use, if retained, would enhance the present or potential value of abutting and surrounding enhance the conservation of properties and would maintain or natural or scenic resourses; and WHEREAS, the Grantor wishes to grant a scenic easement to the Grantee affecting the premises described in Schedule A; and -1- WHEREAS, the Grantee deems it to be in the public interest to acquire interest or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of lands in the Town of Southold; and WHEREAS, Section 247 of the General Municipal Law of the State of New York provides that municipalities, including Towns, may acquire the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the aforementioned purposes to land within the Town; and WHEREAS, the Grantee in furtherance of the above policy and in accordance with Section 247 of the General Municipal Law, accepts the scenic easement affecting the premises described in Schedule A. NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration to the Grantor, receipt of which is hereby acknowledged, this agreement wit- nesseth that: 1. The Grant of Scenic Easement agreement dated July 15, 1971 and recorded in the Suffolk County Clerk's Office on December 13, 1971 in Liber 7066, page 386, is hereby terminated and cancelled. 2. The Grantor does hereby donate, grant, transfer and convey unto the Town of Southold, a scenic easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon all those certain -2- plots, pieces or parcels of land as set forth and described in Schedule A annexed hereto and made a part hereof. 3. The nature, character and extent of the easement hereby granted is as follows: (a) No buildings or structures shall be erected on the premises, except fencing, utility structures and out- buildings which might be required by municipal agencies for the construction and maintenance of communal utilities, water or sewage systems, consisting of a treatment plant, pumping and lift stations and collection system, and other such appurtenances. (b) No lumbering operations shall be conducted on the premises and no trees shall be cut unless dead, diseased or decayed or for the better landscaping of the area or improvement of existing growth or as may be reasonably required in the construction of roads, equestrian trails, recharge areas or communal utility, water or sewage systems; (c) The land shall remain essentially in its natural state, except for landscaping and maintenance such as mowing of grass, the cleaning and removing of debris from the pond areas. (d) No topsoil shall be removed from the premises nor shall sand, gravel or other minerals be excavated therefrom for purposes of sale or use off the premises; nor shall sand, gravel or other minerals be stored upon the premises; -3- (e) The Grantee and its authorized agent shall have the right of inspection of the premises for the purpose of assuring itself that the Grantor is not in violation of any of the terms and conditions of this scenic easement, at any time. 4. The nature, character and extent of limitations on the within grant of scenic easement are as follows: (a) The premises shall not be open or available to the public for general or park use, but shall remain at all times in the exclusive possession of cessors and assigns in interest, and unqualified right to exclude others the Grantor, its suc- subject to its or their therefrom by any and all lawful means, except as indicated in paragraph 3(e); (b) Roads with necessary recharge basins for road drainage may be constructed to provide access to and from surrounding properties of the Grantor, as well as the construction of jogging paths and equestrian trails. (c) The within grant of scenic easement shall in no way affect the right of the Grantor to use the premises, for the uses herein permitted, and to do all such things thereon, not expressly forbidden herein, as a similarly situated landowner might do; (d) All right, interests and privileges of the Grantor in the premises not herein specifically donated, granted, transferred and conveyed, remain and reside with the Grantor, its successors and assigns. -4- 5. The waiver or acquiescence in any variation from any part of the restrictions and covenants herein by the grantee shall be effective only for the particular instance involved and shall not be deemed to limit the continuing force and effect of the restrictions and covenants. 6. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this easement shall forthwith cease without need of any further writing from the date of title vesting in such proceeding. In such event the Grantor shall not be required to repay to any real property taxing authority any taxes reduced or abated as a result of this scenic easement; nor shall the value of the premises be limited by this easement; nor shall any part of any award belong to the Grantee. 7. The grantee hereby undertakes to cooperate to the extent legally permissible in having the valuation placed upon the premises for purposes of real estate taxation taken into account and limited by the restrictions imposed by this scenic easement, all in accordance with State of New York General Municipal Law §247. 8. This agreement shall be perpetual and shall be a covenant running with the land and shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their -5- hands and seals as of the day and year first above written. BRECKNOCK ASSOCIATES By. Gus Schad, Partner TOWN OF SOUTHOLD By~ William R. Pell III Supervisor STATE OF NEW YORK: COUNTY OF SUFFOLK: On the day of , 1983, before me personally came GUS SCHAD, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is a member of the firm of BRECKNOCK ASSOCIATES, a co-partnership, and that he executed the foregoing instrument in the firm name of BRECKNOCK ASSOCIATES and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said firm for the uses and purposes therein men- tioned. Notary Public STATE OF NEW YORK: COUNTY OF SUFFOLK: On the day of , 1983, before me came WILLIAM R. PELL III, to me known, who, being by me duly sworn, did depose and say that he resides at 530 Anglers Road, Greenport, New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said municipal corporation; that the seal affixed is such seal; that it was so affixed by order of the Town Board and that he signed his name thereto by like order. Notary Public -6- SCHEDULE A ALL those certain plots, pieces and parcels of land, situate lying and being near Greenport, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: PARCEL I: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of Schofield and McIntosh, and is the following two courses and dis- tances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following three courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 290.00 feet; running thence through land of Brecknock Associates the following six courses and distances: (1) North 57° 16' 01" East 652.01 feet; (2) North 2° 50' 30" East 411.75 feet; (3) North 82° 04' 52" East 267.15 feet; (4) South 10~ 34' 40" East 472.04 feet; (5) North 88° 32' 59" East 360.75 feet; (6) South 23° 51' 43" East 1,123.11 feet to the northerly side of North Road (State Route 25); running thence along the northerly side of North Road South 66° 01' 20" West 252.76 feet to land of Schofield and McIntosh; running thence along said last mentioned land the following two courses and distances: (1) North 11° 31' 10" West 210.00 feet; thence (2) North 19° 16' 00" West 344.00 feet to the point or place of BEGINNING. Containing 31.8212 acres. PARCEL II: BEGINNING at a point located at the northwesterly corner of the premises being described herein, which point is distant the following seven courses and distances from the point on the northerly side of North Road (State Route 25) where the southeasterly corner of land of Jem Realty Corp. joins the south- westerly corner of land of Brecknock Associates: (1) North 41° 39' 10" West 1,084.54 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet; (5) North 44" 12' 35" East 564.01 feet; (6) North 25° 16' 36" East 398.13 feet; (7) North 58° 57' 15" East 471.09 feet; running thence from said point of beginning along the ordinary high water mark of Long Island Sound the following two courses and distances: (1) North 58° 57' 15" East 130.00 feet; thence (2) North 42~ 36' 45" East 169.85 feet to land of Brecknock Associates; running thence through said last mentioned land the following eight courses and distances: (1) South 29" 32' 27" East 250.54 feet; (2) South 3~ 43' 35" West 234.96 feet; (3) South 35° 57' 18" East 163.60 feet; (4) South 3° 13' 04" West 277.09 feet; (5) South 57° 49' 51" West 255.05 feet; (6) North 31° 02' 45" West 300.00 feet; (7) North 5" 13' 27" East 382.02 feet; thence (8) North 38° 52' 02" West 183.71 feet to the point or place of BEGINNING. Containing 6.1046 acres. PROPOSED DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of BRECKNOCK ASSOCIATES, a co-partnership, Schad, 690 Deer Park Avenue, Dix Hills, called the Declarant. , 1983, by with offices c/o Gus New York, hereinafter WHEREAS, the Declarant along with Leo Wolowitz, has made application to the Town Board of the Town of Southold, Suffolk County, New York, for a change of zone for certain portions of the property from "A" Residential and Agricultural District to "M" Light Multiple Residence District, to adjoin other "M" Ligh~ Multiple Residence property of the Declarant, all of which is more particularly described as follows: ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being near Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of Schofield and Mclntosh, and is the following two courses and dis- tances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65~ 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66~ 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following four courses and distances: (1) North 41" 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32" 28' 10" West 982.87 feet; {4) North 32° 57' 20" West 410.00 feet to the -1- ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) North 41° 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 483.73 feet to land of F. King; running thence along sa~d last mentioned land the following 14 courses and distances: (1) South 30° 10' 40" East 910 feet; (2) South 31° 03' 40" East 300.01 feet; (3) South 28~ 19' 30" East 89.61 feet; (4) South 13° 46' 30" East 33.68 feet; (5) South 27~ 56' 50" West 65.47 feet; (6) South 0~ 19' 40" East 179.94 feet; (7) South 1° 34' 00" East 300.20 feet; (8) South 3° 40' 00" East 100 feet; (9) South 0° 04' 20" West 172.71 feet; (10) South 5° 18' 40" East 100.93 feet; (11) South 0° 39' 30" East 100.15 feet; (12) South 1° 45' 00" East 434.17 feet; (13) South 7° 02' 00" East 40.19 feet; thence (14) South 76° 49' 10" West 155.10 feet; thence along land of F. King and land of Abadiotakis, South 24° 34' 30" East 805.00 feet to the northerly side of North Road (State Route 25); running thence along the northerly side of North Road South 66° 01' 20" West 634.76 feet to land of Schofield and McIntosh: running thence along said last mentioned land the following two courses and distances: (1) North 11° 31' 10" West 210.00 feet; thence (2) North 19° 16' 00" West 344.00 feet to the point or place of BEGINNING. Containing 132.08 acres. WHEREAS, the Declarant desires to impose certain restric- tions on the use of aforesaid premises as follows: NOW THEREFORE, it is declared that said premises shall be subject to the following restrictions which shall run with the land: 1. The total described premises Not included therein are any existing structures, clubhouses, or other accessory, storage or maintenance buildings. 2. Along portions of the easterly boundary of the above- new dwelling units to be erected on the above. shall not exceed three hundred fifty (350). -2- described premises where living units are located, there shall a 50 foot in width buffer zone in which no buildings or struc- tures will be erected. 3. Enforcement of these ceeding at law or in equity. restrictions shall be through pro- 4. These restrictions shall run with the land and may be altered, modified, terminated or annulled by the Declarant, its successors and assigns, only with the approval of the Southold Town Planning Board, its successors and assigns. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration on the day and year first above written. BRECKNOCK ASSOCIATES By: Gus Schad, Partner STATE OF NEW YORK: COUNTY OF SUFFOLK: On this day of came GUS SCHAD, to me known to be , 1983, before me personally the person who executed the foregoing instrument, and who, being duly sworn by me, did depos~ and say that he is a member of the firm of BRECKNOCK ASSOCIATES, a co-partnership, and that he executed the foregoing instrument in the firm name of BRECKNOCK ASSOCIATES, and that he had authority to si§n the same, and he acknowledged to me that he executed the same as the act and deed of said firm for the uses and purposes therein mentioned. Notary Public -4-