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JUDITH T. TERRY TOWN CLERK Town Hall, 53095Main Road P.O. Bo~ 1179 Southold. New York 11971 Fax ~516~ 765-1823 Telephone 1516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD AT A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD HELD ON JULY 26, 199q, A RESOLUTION WAS OFFERED AND SECONDED TO CHANGE THE ZONE, ON THE TOWN BOARD'S OWN MOTION, FROM HAMLET DENSITY (HD) DISTRICT TO LOW DENSITY RESIDENTIAL R-BO DISTRICT ON THE PROPERTY OF LBV PROPERTIES. UPON A ROLL CALL VOTE, THIS RESOLUTION FAILED TO PASS. JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CI.ERK TOWN OF SOUI'HOLD Town Hall. 53095 Main Road P.O. Bo~ 1179 Somhold, Ney, York 11971 Fax 15161 765-1823 Fclephon¢ t516~ 765-1801 August 26, 1994 John P. Bracken, Esq. Bracken & Margolin Suite ·300 One Suffolk Square Islandia, New York 11722 Re: LBV Properties Dear Mr. Bracken: At a Regular Meeting of the Town Board of the Town of Southold, held on July 26, 1994, a resolution was offered by Justice Louisa P. Evans and seconded by Councilwoman Ruth D. Oliva, to change the zone, on the Town Board's own motion, from Hamlet Density (HD) District to Low Density Residential R-It0 District on the property of LBV Properties. Upon a roll call vote, the resolution failed to pass. The vote was: Ayes: Justice Louisa P. Evans, Councilwoman Ruth D. Oliva, Councilman Joseph L. Townsend, Jr., Supervisor Thomas Wickham. No: Councilwoman Alice J. Hussie, Councilman Joseph J. Lizewski. Copy of the minutes are enclos6d. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure ]~RACKEN & MAI{GOLIN ONE SUFFOLk[ SQUARE [$LANDIA, NEW YO~tK 117~ August 15, 1994 Thomas Wickham, Suprevisor Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: LBV Properties Dear Mr. Wickham: Kindly send me a copy of the decision and the votes on the Board's recent decision regarding the above captioned matter. JPB:bl Very truly yours, R C ~ GOLIN ~hn P. Bracken FILE NUMBER: N1473800-00900 LEAD AGENCY: 473800 OFFICE or BOARD: Town Board Town of SOUTHOLD, SUFFOLK County Town of SOUTHOLD, SUFFOLK County CLASS: T Unlisted TITLE: COZ-SCTM# 1000-35-1-25 DESCRIPTION: Type 1 Zone chg. of 132.08 ac from Hamlet Density loc. N/S CR48, E/O Sound Rd. DATE RECEIVED: Negative Declaration 07/19/94 1139' 11 STATUS: N Normal Void Conditioned Rescinded O0 IMPORTANT >> File Number: N1-473800-00900 Use the above number in all correspondence about this action! To the Lead Agency: The above information confirms that filings on the described Negative Declaration were officially received by, and entered in the SEQR Repository on the date(s) shown in the box headed DATE RECEIVED above. The date and time in the second line show when this document was printed. Please check the information above carefully. For corrections or questions contact Charles Lockrow, (518)457-2224, or write to: SEQR Repository NYSDEC Division of Regulatory Affairs 50 Wolf Road, Room 514 Albany, NY 12233 Town of SOUTHOLD Town Board 53095 Main Road-P.O. Southold, NY 11971 Box 1179 JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5161 765-1823 Telephone (5161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR NEGATIVE DECLARATION Notice of' De. te.,'minatiou of Non-.qi~o~ificanc~ Dete. rminatloa of $iffnifi,'~n,'~ Town Board of the Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: July 12, 1994 Th/s notice is issued pursuant to Part 617, of the/mplementing regulations pertainin_.o to Article 8 (State Envh'onmental Q~mllty Review) of the Environmental Conservation Law. .The lead agency has determined that the proposed action described below will not have a dgn/ficant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: SEQR Status: Project Deso'ipfiom Proposed COZ on Town Board's Own Motion SCI'M# 1000-35-1-25 ~/rs CR 48, 1,139 feet e/o Sound Road, Unincorporated eenport Type I Action Theproject which is the subject of this Determination, involves a the change of zone of 132.08 acres from 'Hamlet Density' to 'Residence-80'. The project site contains freshwater wetlands and a mix of forested and old field habitats. The site is also adjacent to Long Island Sound. The proposed project is one of six (6) .~..~..e of zones being considered by the Town Board at this time in the same geographic area and w/il involve common and potentially significant impacts. 'HD' Clmn~ ot Zone SEQR Determination SC~ Nnml~_r: 1000-35-1-25 Location: The site consists of 132.08 acres and is located on the north side of CR 48, 1,139 feet east of Sound Road, in the -nlncorporated section of GreenporL Comments: The Town Board is reviewing thig project simultaneously with the following applications: Chnnge of Zoue on Town Board's Owu Motion SCTM# 1000-40-3-1 s/s CR 48. more th~. 10~0' c/o chnpel I~n~ Greenport Proposeat COZ on Towu Board's Owu Motion SCTM# 1000-40-4-1 ~/s CR 48, 400 feet w/o Moore's l~ne, Greenport Prope~..d COZ on Town Board's Own Motion SCTM# 1000-45.2.10.5 e/s Chapel I ~ne, Greenport Prope~t COZ on Town Board's Own Motion SCTM# 1000-45-2-1 s/s CR 48, 805 fee~ e/o Chapel line, Greenpert Proposeai COZ on Town Board's Own Motion SCTM# 1000-35-1-24 n/s CR 48, 564 feet c/o Sound Road, Oreenl~'t Rease~ Suppottln_o ~nis Determination: ~ determlnntjon is issued in full consideration of the criteria for determln~tion of si~nifi~nce col~tnined in 6 NYCRR Part 617.11. the Long Eavironmental Assessment Form Parts I and I], and the following specific reasons: (1) Th~ ~bjea:t dum~ of z~nin~ dae~ not -*,~,-d aay of tim ctitea~ fc~ d~..rmlaiag ~ai~amce o~ ~n ~ti~ would ~rrmU the pr~peratioa o/a Draft ElS. Crmversely, the action ~ minimi.,-. The pr ~opoee_~_d ~oject ~ reduce the potential d~wc.l~pmeot density on ti~ subject si~ As a re, mit. de. mity d~ived impac~i i~ludLug: wat~ use; unit.fy w~t.~ volume; di~urbam:e of lamt; ~ ~r. ae. ratinn~ mai ~ was~ ~,ae. ratinn ~ nlm be redaced. Acaordln_oly, tl~ subject chanSe of zoning e.q~ected to reduce the impact of site developme, mt ~h re. rd to t. he~ impa~t afeard, a~ campared to current zoning Th~ propnsexl z~ning i~ coa~e~ ~ land ur~ ~ z~nin~ of surrotmding lands, and will there/me not cause a significant impact. A~ a reset, the proposed e~an~ of zoning will have a beneficial impa~ upon (4) Conside. ralion has been 8~en to th~ ~ of the Wopow. d ~ eh.n~e ,~,na.,"te4 by a co~ultant to Pag~ 2 og3 · HD' Change of Zone SEQR Detm~hmtinn the Town Board, which conducl~ tl~ following v~th regard to the site in consicl~ration of unin. u~ site resources: =Fh~-~_- ~dln~ sugge~ that any d~ve. lopment on this si~ ~ have environmental impacts. Our ~ iml~t'~ i~ that i'~.~nin~ tO 'R-~O' r~eirl-ntial w~l l~'o~ a r.i~i~-:nt in~,-ar~rl measure Of pi'ea~ for [~ Ollvifo~mollt than ~ 'I-~ .~nin~ now provlde~ ~'rm-~doration hn~ been I~n to a plannlm, do~,me, nt prepared by tim. Soutlml~ plnnnin~ SLn~ ~ ~ reixa~ cm~lade, s tim following ~Ath re. gurd to tim si~ in ,',~kleraitou of UaklU~ ~ite resource: (6) Ti~ subject ~ c, ontnin~: uniqu~ re. source, s, and is or~upied by freshwater we~tlands over apprn~m~'..ly 3 a~'~s of ~ s,i~, 55 pe. rc~nt of th~ ~ k considered m~tdow~Olqt~hland a~d approximately 35 percent of tl~ si~ is for~ TI~ si~ is also s~ted on I rm.o llland Soiled. T]~ propor~A ehan~,', of ~onln~ W~I mi.im;?,, impa~t upon ~ Long Z~:I~nd Soun~ ~s ar~ociated bluff~, wetland~ a~ well ~ tl~ upland ,e~ourc~ by reducing t~ potential land u.~ a....i~, adjacent ~ habitat. In addi~n, the lower poten~al land u~ d~n~ity ~ prowid~ more [l~n'bl~ land u~ option~ to ~ r~tbacks and en~ur¢ pr~on of uniqu~ habitat areas. For Further Information: Contact Person: Judith Terry, Town Clerk Town of Southold Address: Phone No.: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1800 Copies of this Notice Sent to: Commi~sioner-Depm tment of Environmental Conservation, 50 Wolf Road, Albany, NY l~?~l Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY SUffolk County pJnnniBp. Cornrni~ion Suffolk County Department of Health Services NYS Legislative Commission on Water Resource Needs of Lon~ Island Seuthold Town Plannin~ Board Seuthold Town Board of Appeals Southold Town Buildin~j Department ¥illa~le of Greenport Seuthold Town ClerkSs Bulletin Board LBV Properties, Suite 2~0, 898 Veterans Memorial Highway, Hauppaucje, N.Y. 11788 1~3 of 3 d-UDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11071 Fax (516) 765-1823 Telephone (516l 765-180l THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 12, 1990: WHEREAS, the Town Board of the Town of Southold has consistently noticed the SEQR status of this project as a Type I action, and due to a clerical error the notice of determination adopted May 31, 1994 erroneously stated that the SEQR status of this project was Unlisted when it should have stated Type I; now, therefore, be it RESOLVED that the Town Board resolution of May 31, 1994 is hereby rescinded and this notice is reissued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The Town Board of the Town of Southold has determined that the proposed action described below will not have a significant effect on the environemnt and that a Draft Environmental Impact Statement need not be prepared. Title of Action-. SF_J~R States: Project Description: Property of: LBV Properties Proposed COZ on Town Board's Own Motion SCTM# 1000-35-1-25 n/s CR 48, 1,139 feet e/o Sound Road, Unincoq~orated Greenpor~ Type I Action Theproject which is the subject of thin Determlnat/on, involves a the change of zone of 132.08 acres from 'Hamlet Density' to "Residence-80~. The project site cont~inn freshwater wetlands and a m/x of forested and old field habitats. The site is also adjacent to Long Island Sound The proposed project is one of six (6) change of zones being considered by the Town Board at this time in the same geographic area and will involve common and potentially significant impacts. SCTM Num be~. Location: 1000-35-1-25 The site consists of 132.08 acres and is located on the north side of CR 48, 1,D9 feet east of Sound Road, in the ,nincorporated section of Greenport. Reasons Supporting This Determination: This determination is issued in flfll consideration of the criteria for determination of sig~ifieanc~ contnine, d in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: (1) Tiu: subjea:t rh~n~, Of zoning doea aot .... d any of the criteria for determining ~ignil~,:am:e of an action that would warrant the preparation of a Draft p.m. Convcrsdy, da* action will minimiT~ potential cnviromnental impaaz thereby providing support for imuan~ of a Negative Dal-I~tion. Tim prupoc~d project will reduce the potential development dcrt4ty on thc subject ~ite. As a result, denaity derived impa~ts indudinU wateF UaC; san~ w3ate volume; dlaturbanc~ of land; trallic gene. ration; and solid waste gene. ration will aiao be reduced Accordingly., the subject change of zoning ia expected to reduce the impact of site development with regard to the.~ impact areaz, aa compared to current zoning The prol~e~l zoning ia conedraent with land u~ amt zoning Of sun'ounding landa, and will therefore not cau~ a aigni~.-ant impact_ A~ a reault, tl~ propoc~ change of Zi:)ning will have a bp-.~lcfl~al inlDact upon land ua~ in tl~ 8tca of thc site. C. omiderntion has be.~a given to a planning do,tomcat prepared by th~ Sonthold planning S~ff enfitle~, "l~.vi~,w of Hamlet De.n~ity Zoning in Sou/hold Town - Report to the Town Board" dated February 1994. Thia report concludes tim following with regard to tl~ si~ in conrdderaiton of UnklU~ site rcaources: "Thit patcel could be dew,.Ioped in a rna. nner not requiring m,,tt;ple detu'ity uses. ,Rt:mning to a lov~r ae.n~i~r~zomm,~ed." (6) The aubjex:t aite containa uaiqt~ reaourc.~, and ia occupied by ~reahwater wetlands over appro~dmately 3 acres Of I1~ ~ 55 percent of the site iq considered me. adow/bv,~hland and approximately 35 percent of tho ~ ia fore. ste~[. ~ ~e ia a~o s~tllated on Loflg llland Sound. ~ prupo~ change Of zoning w~l ~ inlp~ct I~on thc Lon~ lalantJ Sound, i~'s a.ssod~t~d bluff, s, w~tlan& aS v~ll ~S thc upland F~SOLR'C~S by Fe~uc~ ~ potential I~nd ~ ~ adjacont these habit2t~ In addition, the lower potcntia] hnd us~ density will providr~ more flc.x~le land IL~ options to mo~mir~ r~.tback~ and ensure Judith T. Terry~// $outhold Town Clerk July 13. 199q CRAMER, VOORHIS & ASSOCIATES, INL Environrnental& Planning Consultants 54 N. Country Road Suite 2 MILLER PLACE, NEW YORK 11764 (516) 331.1455 TO Town of Southold p.O. Box 1179 Southold, NY 11971 July 6, 1994 Judith Terry, Town Clerk ~CSvED HD Change of Zone; SEQR Determination . ~ 1~'3~4 Ssuthuld Town Cler~ WE ARE SENDING YOU ~ Attached [] Under separate cover via the I~ollowing items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy st letter [] Change order [] Notice 7/12/94 SEQR Negative Declaration for parcels 1, 2, 4, 5, 7 and 8. (corrected copy) THESE ARE TRANSMI'I-rED as checked below: [] For approval ~[For your use ~[~As requested [] For review and comment [] FOR BIDS DUE REMARKS [] Approved as submitted [] Resubmit [] Approved as noted [] Submit [] Returned for corrections [] Return 19__ copies for approval copies for distribution corrected prints [] PRINTS RETURNED AFTER LOAN TO US Any questions, please call. SIGNED: Thomas W. COPY TO Cramer, ASLA PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 28,199~ 9:20 P.M. IN THE MATTER OF A CHANGE OF ZONE ON THE TOWN BOARD'S OWN MOTION FROM HAMLET DENSITY (HD) DISTRICT TO LOW DENSITY RESIDENTIAL R-80 DISTRICT ON THE PROPERTY OF LBV PROPERTIES. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WlCKHAM: I'd like to proceed to the third public hearing of the evening, one on the change of zone regarding LBV Properties. I guess this one is for me. "Pursuant to Section 265 if the Town Law, and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:10 P.M., Tuesday, June 28, 199~, on the Change of Zone on the Town Board's Own Motion from Hamlet Density (HD) District to Low Density Residential R-80 District on the property of LBV Properties, located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, New York, containing 132.09 acres, Suffolk County Tax Map No. 1000-35-1-25. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: Beginning at a point on the northerly line of Main Road (also known as North Road) at the southeasterly corner of land of Schofield and Mclntosh and the southwesterly corner of the premises herein described, said point being 2190.15 feet easterly from the easterly line of Sound Road; running thence along said land of Schofield and Mclntosh two courses: (1) N.11°31'10"W.- 210.0 fee5; thence (2) N.19°16'00"W.-344.0 feet; thence continuing along said land and along other land of LBV Properties S.65°47~10"W.-544.21 feet; thence continuing along said other land of LBV Properties S.66°36'40"W.- 765.20 feet to land of Jem Realty Co.; thence along said land four courses: Pg.2 - Change of zone- LBV l loperties. (1) N.41°39'10"W.-505.36 feet; thence (2) N.65°07'50"E.-376.40 feet; thence (3) N.32°28'10"W.-982.87 feet; thence (4) N.32°57'20"W.-410.0 feet to Long Island Sound; thence along Long Island Sound seven courses: (1) N.44°12'40"E.-564.0 feet; thence (2) N.25°16'40"E.-398.12 feet; thence (3) N.58°57'20"E.-601.09 feet; thence (4) N.42°36'50"E.-169.85 feet; thence (5) N.57°59'40"E.-188.68 feet; thence (6) N-41°51'20"E.-322.22 feet; thence (7) N.31°15'10"E.-483.72 feet to land of Island's End Country Club; thence along sad land fourteen courses: (1) thence (2) S.31°03'40"E.-300.01 feet; thence (3) thence (4) S.13°46'30"E.-33.68 feet; thence (5) thence (6) S.0°19'40"E.-179.94 feet; thence (7) thence (8) S.3°40'00"E.-100.0 feet; thence (9) thence (10) S.5°18'49"E.-100.93; thence (11) thence (12) S.1°45'00"E.-434.17 feet; thence (13) thence S.30°10'40"E.-910.0 feet; S.28°19~30"E.-89.61 feet; S.27°56'50"W.-65.47 feet; S. 1°34'00"E.-300.20 feet; S.0°04'20"W.-172.71 feet; 5.0°39'30"E.-100.15 feet; S.7°02'00"E.-40.19 feet; (14) $.76°49'10"W.-155.11 feet; thence continuing along said land and along land of Ripley 5.24°34'30"E.-805.0 feet to the Main Road; thence along Main Road S.66°01'20"W.-634.76 feet to the point of beginning. Dated: May 31, 1994. Judith T. Terry, Southold Town Clerk." I have affidavits that this has been published in The Suffolk Times, The Traveler- Watchman, and posted on the Town Clerk's Bulletin Board. We have before us a response from the Planning Board from the Town Board's request for comments on this proposed change of zone. At its June 2b, th meeting, the Planning Board adopted the following report. The Planning Board endorses the townspeople's vision for their Town, which calls for individually distinct or discrete hamlets separated from each other by open or farmed countryside, and which calls for the equitable distribution of affordable housing density throughout the Town. The Planning Board also recognizes that achieving this vision will require the careful consideration of the land use with and adjacent to its hamlet centers; that the Town's Zoning Map should reflect the intent of the community's interest in its collective future against the private interest of individual property owners in the use of their land. The Planning Board recognizes that the proposed rezoning of these properties will not deny these property owners the right or capacity to develop their land; that the proposed zone of R-80 is the base zoning of the Town and is by no means the most restrictive zoning categorization in $outhold. The Planning Board endorses the report: "Review of Hamlet Density Zoning in Southold Town: Report to the Town Board", and its recommendation that the zones of these six properties be changed from Hamlet Density to a lower density such as R-80. Sincerely, Richard C. Ward, Chairman. Also, a comment from Suffolk County Department of Planning, pursuant to the requirements of Sections A1~-14 to 23 of the Suffolk County Administrative Code, the above reference application which Pg-3 - Change of zone- LBV Properties. has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones, Director of Planning. Those are the only comments. The floor is open for comments from the audience, who would like to address the Board on this public hearing. Yes, sir? JOHN BRACKEN: Good evening. My name is John Bracken. I'm a member of the firm of Braken & Margoolin. We are the attorneys for Arnold Wolowitz, who is a principle of LBV, a partnership, which owns the real property which is the subject of this particular public hearing. Mr. Wolowitz is here to my left, as is Mr. Richard Mark, who is also counsel for Mr. Wolowitz. Initially I should like to enter into the record a protest form pursuant to Section 265 of the Town Law, which I had previously sent as agent, but this one is signed by Mr. Wolowitz. I am not familiar with your practice so I will assume that you're marking those as exhibits? TOWN CLERK TERRY: Yes. JOHN BRACKEN: Additionally I had previously forwarded to the Town Board a letter containing some 23 exhibits dated June 23, 1994, and I will assume that that is also in your possession, Supervisor Wickham, and I would ask that that be marked in evidence as Exhibit II. I have listened, if I may, a number of presentations that have made, all of which are indeed part of the government process, and I don't envy your position as those who are charged with the responsibility of having to deal with zoning laws. I personally believe that Zoning Ordinances should be revisited periodically. I personally believe that Master Plans should be reviewed periodically, but I, also, would not hold to the theory that courts are not going to upset the findings and changes of zone, when in fact they defy New York Law, or if in fact, they are not enacted in good faith. Good faith carries with it the responsibility to look at every single proposal on it's own. I can't speak to the other hamlet density zoned properties. I'm not familiar with those. But, I am very familiar with that which is sought to be rezoned and that what is owned by LBV Properties. I had previously met with your Supervisor. We had discussed the matter, and I had furnished a letter to him at that time, and I would ask that that letter be also be made a part of the record. SUPERVISOR WlCKHAM: inserted in the records. I don't have it with me, but we'll be sure it's JOHN BRACKEN: Thank you. With regard to a number of the comments, I would like to initially react a little bit to some of the things I've heard already. With respect to the taxes. This parcel of property has been subjected to a tax burden of approximately $63,000.00 a year for the past eleven years. This property consists of 132.08 acres, which as presently planned would yield 350 units together with accessory buildings, and a clubhouse. R-80 zoning it would yield 6L~ units. If my arithmetic is correct, that's about an 824 reduction in it's yield. To suggest that there's not an economic impact to this land, and to the owner, is to be somewhat unrealistic to say the least. There was, in conjunction with this appllcat~on, a submission prepared by the project sponsor in conjunction pg.lt - Change of zone- Mohring Enterprises. with a resolution that was also made in connection with this property in April 1991~_ That particular resolution, and refer specifically to a certification resolution that was adopted on April 5th, 199~, wherein there is a statement made about this particular property, and it reads as follows. It says, the property has not be developed pursuant to HD Zoning for it's predecessor zoning, since it was first so zoned in 1971. I suggest to you that that statement is inaccurate, and misleading. Additionally, there's a provision, number 5, which indicates that HD Zoning the site with so many valuable coastal resources, and delicate habitat, is not in conformance with the Town's Master Plan, nor is it in the best interest of the environment. I suggest to you, that that's a nice sounding statement, but has absolutely no application to this particular parcel of property. If I may, looking at the project information itself, and this apparently was prepared by the firm of Kramer, Voorhis and Associates. With regard to one of the concerns raised by the gentleman from the North Fork Environmental Group, wetland, 3.099 acres on this parcel out of 132 acres. Paragraph 17, is the site served by existing public utilities? No. HD Zoning. Answer it, yes. Does sufficient capacity exist to allow connection? No. Greenport Utilities. I would suggest to you, since I have read this rather carefully, that this information is sketchy, superficial, and inaccurate. Attached to the letter, that I have provided to you, is an index of exhibits. What I would like to do is simply call your attention to a number of them, because I think that those are critically significant in terms of any of your considerations. Another small point, there is approximately 12 acres, that front on the road, and are immediately continuous with this lot, which are currently zoned business. If in fact this property was zoned, and reduced to a yield of 6~ units, in would indeed be silly, I would suggest to you, to maintain business zoned property adjacent to it. The reason the business zoned property is there was to basically service the 350 units, that had previously been approved by the Town of Southold. Going back in time, one must look at one particular item that was done back in 1983. In 1983 the Town of Southold, pursuant to negotiations with the owners, placed 27.92 acres of this property, offering the business zoned portion of the property, and moving the residential development further north on the property. In 1983 the property was limited to 350 units. I refer you, again, to the project information, which was provided by the Kramer, Voorhis firm, and simply point out to you that their findings were that without the public sewer service 280 units would be permissible as a development, with public sewer 560 units. This property has the capability of being served by public sewage. With regard to the history of this property, if you look at the exhibits, and each one of them is, in fact, a public document, in the public records in either the County of Suffolk, or the Town of Southold, and are now before you as evidence. You'll not that there is a steady activity in what it is that occurs. In 1986, the owners of this property, in furtherance of site plan approval about which I will speak in a moment, proceeded to negotiate with the Village of Greenport. Why did they negotiate with the Village of Greenport? Because the Village of Greenport had an absolutely screaming need for potable water. They needed clean water, and they needed it desperately, not just for water, but for sewage purposes, because they had their own problems with the Department of Environmental Conservation, which I think are well documented, both in the news media, as well as in the public records. However, it happened that this property had on it a very, very viable water source. That viable water source was able to Pg.5 - Change of zone- LBV Properties. produce over 280,000 gallons of potable water per day. In order to comply with requirements of the Town of Southold with respect to both water and sewage, a contract was entered into between predecessor and the Village of Greenport which required that the Village of Greenport, first of all, take dedication of a well, and secondly, provide sewage for 350 units. That contract calls for a payment of $1,80h,250.00 of which 20% was paid shortly after the execution of the contract, or at the same time the contract was executed. It would be indeed foolhardy for any person, who was an ounce of business accruement to enter into a contract with the Village of Greenport, obligate themselves to $1,80~,000, give up a very, very valuable resource in terms of a well, when in fact a total of 6Lt units was the maximum density that this parcel of property could, in fact, yield. As recently as 1991, a building permit was granted to the owner for the purpose of constructing a pump house for a supply well. A Certificate of Occupancy of the Town of Southold was dated January 30, 1991 for the foundation for the buildings. On June 10, 1991 a Certificate of Occupancy was issued by the Town of Southold for the pumphouse for the supply well. One September 1, 1991, the Department of Environmental Conservation issued a permit for wastewater treatment facility. In 1992, the Department of Environmental Conservation permitted the clearing and filling within 100 feet of the freshwater wetlands. In 1992, covenants and restrictions were filed in compliance with the New York DEC, and finally in 199L[, after I might add some protracted litigation with the Village of Greenport, and costly litigation, I might add, the Village of Greenport finally took dedication of this particular well. I might also add that in addition to what I've already told you, this owner has already had to pay fees for purchase bonds, and has in fact proceeded to develop this property in line with it's current zoning. I've already indicated to you that in 1986 there was approval for site plan for 350 condominium units, together with amenities. When I say amenities, I mean a clubhouse, I mean housing units, and when talking about housing units, we're talking about the very kind of zoning, which has been preferred by all land planners. It's cluster zoning. There's a scenic easement here, that protects the bluffs. There are planting requirements- There are ponds on this property, both man-made and natural. The property has, and complies, with the very best in zoning, that zoning has to offer. To suggest that it should be at this point in time, rezoned, is to deny what I would consider, and I think what the law would demonstrate is vested rights in this particular zoning. What I mean by vested rights is something also referred to as special circumstances. In other words, if an owner of property, and incidentally, I know at the school that a Town Board doesn't have the right, or a government doesn't have the right to infringe upon the rights of private citizens with respect to private property, when in fact it has justification for doing it, there are rules with respect to imminent domains. There are rules with respect to the taking of property, and of course, if you want to take this property, you can do that. You have that power, and as a matter of fact, I suggested that to your Supervisor, because in fact, if you do rezone it in the way in which you are seeking to rezone, you will have taken it. YouHI own it. I can assure you of that- I can, also, assure you that if you ignore the facts of this particular case to the detriment of the owner of this property. When I say facts, I~m talking about the issues that over two and a half million dollars have been spent in improving this parcel of property, exclusive of acquisition costs. We're talking about site plan improvements, engineering costs, architectural costs, and in fact, the cost Pg.6 - Change of zone- LBV Properties. of carrying this property. Now, I have not heard, nor do I know of any other application, I only know about this one, and it's our view that on the allegiant case, which I've sited for you, the law is clear. If an owner of property can demonstrate to a Town Board, or a governing body that, in deed, they have expended substantial sums of money, in reliance upon Town activity, then they, indeed, a constitutionally protected right. I believe the letter I've written to you dated June 23rd sets it forth very, very clearly. It's not my intention to repeat it. I have spoken probably spoken longer than I would like to, but there are two things, or three things, I want to clean up with you. One is, there was a statement made by, again, I think the gentleman from the North Fork Environmental Group, he suggested that there would be a tremendous burden for intrastructure, if these properties were permitted to develop. I can't speak for the others, but with respect that simply is not so. It's not so, because the covenants and restrictions which have been filed, and which were, in fact, extracted by the Town of Southold, were in fact require that practically everything is done by the community itself. The roads will become Southold roads. The utilities, all the utilities which are public utilities, which I have already spoken to you about. There is no intrastructure to deal with practically speaking. At this point in time, I'd like to ask Mr. Lark to basically rise and show you, just a few of the site plans, which are a matter of record. I understand that. I also understand that you are a burdened force, as all government is, and I would simple ask him to point out some of the items that were prepared, and the nature of the plans, which were in fact adopted by the Town Board in 1986. Dick? RICHARD LARK: As John has indicated to you, as a result of the activities of the previous Town Boards, and the Planning Board, that's why I'm surprised at their current stance, the developer not only at great expenses, went to develop a site plan, which was approved finally in September of 1986, but burdened the land, as John has indicated, with scenic easement, covenants and restrictions, and it's really an oxymoron, if you would. If you resolve this what are you going to do with this? You don't have the power to change them on your own, and it's kind of interesting what would happen, because this property has been, in fact, developed. The reason you don't actually see houses, and people living there today, is because as John referred to extensive and protractive litigation with the Village of Greenport, plus the unfortunate experience that the prior owner went under, and had to go through a foreclosure, which you are all aware of, and they take time. Foreclosure takes time. In the case it was contested, and it took a couple of years, and the litigation with the Village of Greenport took about five years- Even while all that litigation was going on development was taking place. The things like the DEC permits, and you have this right down in the Planning Board, and I'm surprised that I'm willing to bet that not all of you have seen this. This is some twenty-five pages, including all the engineering for the road profiles, and it's just page, after page, after page, of showing as John referred to, the cluster and we had to go to DEC to get their approval, and this has all been approved for both water and sewer for the public utilities with Greenport, and a lot of it is already bonded. In fact, the village as of this moment owns the water well, and is pumping water out of there, and that was part of the agreement. We let them do that (tape change.) What really surprised me is when I read the legal notice, you didn't include the business property, because the business property was put there, not to Pg.7 - Change of zone- LBV Properties. restrict zoning, but out of convenience for this property primarily. It goes on, shows all the ponds, that are being developed, and so on, and so forth. As some of the members on the Town Board are aware, the previous owner had a problem with the town, which this owner has rectified with the development of some of the ponds there, and we straightened that out. That all been rectified now, but the point of it is, as John has indicated cold hard cash of over two and a half million dollars have been expended already in the development of this property, and virtually there's no more permitting required, and the Village now has the water supply, and so the infrastructure was going to be started until the Town Board took this activity this spring, so obviously we're kind of wait and seeing what's happening there, plus as the Town Board is aware, there have been negotiations with people like the Kendall Group, and other people, from Congregate Health Care, because it's ideal suited for the hamlet density to do that. With the zoning, it would be totally unsuited, if you went to two acres zoning for that. So, we submit that you reconsider, and leave the zoning as is. JOHN BRACKEN: Well, I ~;ould prefer to say that you consider it, not reconsider it on a theory that you have not as yet made up your minds. Otherwise the purpose of the public hearing would be a wasted effort for all of us, wouldn't it? I might also suggest, although I don't have the plans with me, I can tell you that the architecturals are done. The plans are in fact in existence_ The only thing that remains to be done is, literally, the applications for building permits, and I think based on all those facts it really just screams out to you, that this is not a piece of property that is appropriate for rezoning, and maybe, just maybe, Planning has made an error for a change. If you have any questions, I, or Mr. Lark will be happy to answer them. SUPERVISOR WICKHAM: Thank you, Mr. Bracken, Mr. Lark. Are there any other people, who would like to address the Board on LBV Properties? Yes, sir? GERALD WALZ: My name is Gerald Walz. I'm humbled to have to follow these very experienced professionals, but I do have some remarks to make, and I will try to center on this particular property. First of all, this area isenvironmentally sensitive, even though it may be a little lacking in wetlands. That is not the issue. New York State has already recognized that it would like to put the entire property under Coastal Management Plan, and does that because if the area is developed would be harmed environmentally, or else why attempt to put it under the Coastal Management Plan? The bluff areas are sensitive. It's outside the hamlet area. It's a constant case of what do you mean by the hamlet density? Are you going to stick by it, or are you going to let it grow willy-nilly? It's really related to Jems Commons, even though it hasn't come up yet, because these are two huge parcels, and I don~t know how you're going to develop for the Greenport area, a viable TDR Program if these are excluded. I don~t know where your numbers, or your acreage is going to come from, but I~d like to suggest that this is not only about property rights, although that always has to be considered. This is about planning. This is a planning decision, a planning idea. Three hundred and fifty units with commercial property if built, you have created the factor, another hamlet. You may want a hamlet there. It may not be called a hamlet, initially, but Pg.8 - Change of zone- Mohring Enterprises. five years down the line, ten years down the line, you can see the option. Now if you want to put a hamlet area, regardless of the impact on the Creenport, I think you should all say it, it's a legitimate issue, it's stop it, you do have a hamlet there. Southold, to Peconic, to Laurel, to This is a huge, huge development- I don't care, that's what it's going to worth a discussion, but if you don't Compare 360 units to the rest of Mattituck, on a percentage basis. Whether you call it a hamlet or not, be, particularly with the commercial property there. I can see how it's really going to help Greenport with the commercial property right on Route [[8, or 25 at that particular point. Now, turning to vested rights, I'm not an attorney. I haven't done the analysis, and I can't do the analysis, which was presented, but I think something was left out of the presentation, concerning the expenses involving vested rights. They dug a huge pond, which is still dry- I guess the water has to appear there one day, but it's a huge pond. They took out who know how many truck loads of sand and gravel. Now, maybe, when they left the property, they stopped at every sign where it said clean fill needed, and they dumped it, and did some property owner a favor. But if they didn't, if they sold it, I think it's important for the town to know, did they sell it? How much profit did they make on it, and that very well could influence what the vested rights are. There's a huge profit in general. I don't know what they did. There's a huge market, and there's a huge profit in sand mining, as all of us locally know. Now, the attorney is apparently not a local, but I don't know, I"ve been reading the local papers for years. Greenport has a sewerage, and has a water problem- I don't know if this is going to help or hurt, but it does have now a sewerage and water problem. Keep in mind, some of these other properties we're talking about don't have the capacity for their own water and sewer. Tit for tat. If it's going to be hamlet density, going to forced to put in water and sewer in some of these other properties one way or another. It's all one package. It's all zoning. It's all concept. It's all a view of the future, and it's not just property rights of an individual family, or a very, very wealthy landowner with attorneys. It's Southold, frankly, at stake. Thank you. SUPERVISOR WICKHAM: Anyone else who would like to address the Board regarding LBV Property? (No response.) I think we can declare this portion of the hearing closed. TOWN BOA~RD : TOWN OF SOUTHOLD In the Matter of the Proposed Change of Zone of Certain Real Property of LBV PROPERTIES located on the north side of Route 25, Greenport PROTEST PURSUANT TO SECTION 265 OF THE TOWN LAW HONORABLE MEMBERS OF THE BOARD: The undersigned, pursuant to Section 265 of the Town Law, hereby protests the proposed change of zone from Hamlet Density (HD) Residential District to Law Density Residential R-80 District of property of LBV PROPERTIES, located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, New York. Attached hereto as Exhibit "A" is a true copy of the Notice of Hearing for the proposed change of zone. The undersigned is the owner of more than twenty (20%) percent of the land included in such proposed change. WHEREFORE, the undersigned states that pursuant to Section 265 of the Town Law, the proposed amendment (change) not be effective unless adopted by a favorable vote of at least three- fourths of the members of the Town Board. LBV PROPERTIES Arnold Wol6wit z~ Jun.£4 '94 18:i3 I HAUF~AUG£ TE~ 516-582-~ l P. ~ LEGAL NOTICE NOTICF OF HEARING ON PROPOSAL TO AMEND ZONING COOE AND MAp Pursuant to Section 26~; of the Town Law, and requirements of the Code of the Town of Southold, Suffolk County, New York, a 134~bllc hearing will be held by the Town BOard of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 6:10 P.M., Tuesday, June 28. 199~1, on the Change of Zone on the To~yn Board's Own Motion from Hamlet Density (HD) District to Low Density Residential R-80 District on the property of LBV Properties, located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenp~f't, New York, containing 132.09 acres, Suffolk County Tax Map NO. I000-35-1-25. Any person desiring to be heard on the proposed amendment should appear et the time and place above so specified. The legal description of the aforesaid property is as follows: Reglnl~ing at a point on the northerly line of Main Road [also known es North Road) at the southeasterly corner of land of Schofield and Mclntosh and the southwesterly corner of the premises herein described, said point being 2190.15 feet easterly from the easterly line of Sound Road; running thence along sald land of Schofield and Mclntosh two courses: [1) N.11031~10"W,- 210.0 feeS; thence (2) N.19e16"00"W.-3a,#.0 feet; thence continuing along said land and along other land of LBV Properties S.65*~lT~10aW0-Sqq.21 feet; thence continuing along said other land of LBV Properties S.G6°36'q0"W.- 765.20 feet to land of Jam Realty Co.; thence along said land four courses: (I) N.qI°39'10"W.-SO5.36 feet; thence (2) N.GS°07~s0"E.-376.qO feet; thence [3) N-32°28'10"W--982.87 feet; thence [zl) N,32a57~20"W.-410.n feet to Long Island Sound; thence along Long Island Sound seven courses: N.tUI°12~a, 0"E. 56~I.0 feet; thence [2) N.25016*qo"E. 398.12 feet; thence (3) N,58°S7'20"E.-601,09 feet; thence (~) N.a,2°35'50"E.-169.85 feet; thence (5} N.57Osg'q0'"E. Ing.6B feet; thence ($) N.II105I'20"FE.-322.22 feet; thence (7} N.31°15'10"E.-q83,72 feet ta land of Island's End Country Club; (io) (12) tlTerlce thence along sad lend fourteen courses: (1) thence [2) S.31°03'q0"E--300.01 feet; thence (3) thence (q) S,13aq6'30"E.-33.68 feet; thence thence (6) S,0°1g'~0"E.-179.9~ feet; thence (7) thence S.3eq0'00"E.-t0O.0 feat; thence thence S,5°18'~9"E,-I00.93; thence [11) thence S.1°qs~00"E,-qSq.17 feet; thence (13) S.30g]0~q011E.-910.0 feet; S.28°19130"E.-Bg. $1 feet; S.27*S&'s0#W.-65. q7 feet; S. 1~3q'00""E.-300.20 feet; S.0°0q'20"W.-172.71 feet; $.0039~3D"E.-100.15 feet; $.7°02'00"'E.-'0. T9 feet; S.76aqg~10"w. 155,11 feet; thence continuing along said land and along lend of Ripley $.2a,°3~I~30"E.-805.0 feet to the Main Road; thence along Main Road S.66~01~20"W. 63~i.76 feet to the point of beginning. Dated: May 31, Igg~. JUDITH T. TERRY CRAMER, VOORHIS & ASSOCIATES, INc Environmental & Planning Consultants 54 N. Country Road Suite 2 MILLER PLACE, NEW YORK 11764 (516) 331-1455 TO Town of Southold p.O. Box 1179 Southold, NY 11971 July 6, 1994 Jadith Terry, Town Clerk HD Change of Zone; Determination , .... ~ 1L'U~'4 I SEQR Soufhold Town C[er~ WE ARE SENDING YOU ~ Attached [] Under separate cover via the following items: [] Shop drawings ~ Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] Not ice 1 7/12/94 SEQR Negative Declaration for parcels 1, 2, 4, 5, 7 and 8- (corrected copy) THESE ARE TRANSMI'I-FED as checked below: [] For approval ][~[For your use ~(As requested [] For review and comment [] FOR BIDS DUE REMARKS [] Approved as submitted [] Approved os noted [] Returned for corrections 19__ [] Resubmit [] Submit [] Return copies [or approval copies for distribution corrected prints [] PRINTS RETURNED AFTER LOAN TO US Any questions, please call. COPY TO SIGNED: Thomas W. Cramer, ASLA SEQR NEGATIVE DECLARATION Notic~ of DeXermlnafion of Non-Si~m~it~cance De.~e~r~.~6r~ of Signi~c~n~ Town Board of the Town of Southold Town Hall, 53095 Main Road PlO. Box 1179 Southold, New York 11971 Date: July 12, 1994 This notice is issued pursuant to Pan 617, of the implementing regulations pertaining to Article 8 (State Environmental Q. allty Review) of the Environmental Conservation ~WI The l,-~,t agency has determined that the proposed action described below will not have a sj~onll~nt effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: SEQR Status: Project Description: Proposed COZ on Town Board's Own Motion Parcel #4, SC-'IWI# 1000-35-1-25 n/s CR 48, 1,139 feet e/o Sound Road, Unincorporated Greenport Type I Action Theproject which is the subject of this Determinntion, involves a the change of zone of 132.08 acres from "Hamlet Density" to "Residence-80'. The project site contains freshwater wetlands and a mix of forested and old field habitats. The site is also adjacent to Long Island Sound. The proposed project is one of six (6) change of zones being considered by the Town Board at this time in the same geographic area and will involve common and potentially significant impacts. Page 1 og3 ~RACKEN ~ MAtlGOLIN ATTO~,NEY$ AT LAW SUITE 300 ISL~D~, NEW Yo~ 11722 June 23, 1994 Town Board Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Thomas Wickham, Supervisor Councilman Joseph Lizewski Councilwoman Alice Hussie Councilman Joseph Townsend, Councilwoman Ruth Oliva Justice Louisa Evans Jr. HONOP~ABLE MEMBERS OF THE TOWN BOARD: On Tuesday, June 28th, 1994, you will conduct a Public Hearing to consider the possible upzoning of certain property known as Brecknock Hall. That property, owned by LBV Properties, is currently zoned Hamlet Density Residential District; the proposed upzoning would change it to Low Density Residential R-80 District. We represent LBV Properties. We urge you, for reasons of fairness and law, not to rezone the property. LBV Properties is a partnership; the real property in question is located on the north side of Route 25 being 1,139 feet northeast of Sound Road, Greenport, New York and contains 132.08 acres. Aside from acquisition cost and accrued interest, over $2.5 million has been invested in improvements to the property in reliance upon zoning and planning approvals by the Town of Southold to date_ Current Town approval allows our client to construct 350 housing units on the property. The contemplated rezoning to Low Density will reduce the permissible number of units to 64. The economic impact to the owner and to the value of this land from such rezoning is dramatic and clear. Under the doctrine of "special circumstances," New York law bars a municipality from upzoning property when the owner has Town Board, Town of Southold -2- June 23, 1994 made substantial improvements to the property prior to the effective date of the zoning amendment, Ellinqton Construction CorD. v. Zoninq Board of Appeals of the Incorporated Villaqe of New HemDstead, (Ct. App. Dec. 20, 1990), 77 N.Y.2d 114, 564 NYS2d 1001. An objective review of the development history of this parcel of property leads to the inescapable conclusion that such "special circumstances" are present here, which effectively prohibit the Town Board from "up zoning" this parcel of property. LBV has vested rights which are substantial and constitutionally protected. If the Town Board were to ignore the rights of the property owner in this particular instance, and adopt the upzoning, it would be acting in bad faith and contrary to the law in the State of New York. The record of past Town proceedings and approvals, and that which will be introduced at the Public Hearing, demonstrates and establishes that the over $2.5 million has been expended in the course of the development of the property has been in reliance upon the zoning and planning approvals of the Town all tailored to a planned unit development of 350 units. Everything from scenic easements as early as 1971 to the amendment of the covenants and restrictions in 1983 limiting the density to 350 new dwelling units to the agreement with the Village of Greenport in 1986, the issuance of a bond in 1987, payment of inspection fees in 1987 and issuance of a permit from the New York State Department of Environmental Conservation effective September 1, 1991, were all done with the expectation that Brecknock Hall would be developed under the Hamlet Density zoning as the location for 350 homes. The parcel in question was the subject of great thought both by prior Town administrations and by the owners in an effort to develop the property in keeping with the Town's "master plan" and it seems that the universal view was that the parcel had to be developed within the framework of hamlet density zoning as a planned unit development_ In order to give you an idea of the record of these approvals and improvements, I am annexing 23 exhibits together with an index. The owner's extensive investment in the property also gives it a right protected under the Federal Constutution, to develop in accordance with existing zoning. The proposed rezoning of this property to R-80 would result in violations of the Fifth and Fourteenth Amendments to the Constitution of the United States. Additionally, individual Town Board Members are liable for such violations of constitutional rights. In either case, our client could pursue a claim for damages in United States District Court pursuant to 42 U.S. Code Section 1983_ Town Board, Town of Southold -3- June 23, 1994 On March 22, 1994 we wrote directly to Supervisor Wickham outlining our objections to a possible upzoning. We ask that you consider that letter as additional information concerning the history of this property and the Town's involvement in its development plans. We urge you to reject any rezoning of this particular parcel of property_ Reject fully f~mit/~d, P. Bracken EXHIBIT 1. INDEX OF EXHIBITS DESCRIPTION SCENIC EASEMENT between Gus Schad and the Town of Southold dated July 15, 1971, recorded December 13, 1971 in Liber 7066, page 386, affecting 19.271 acres of Multiple Residence District. DECLARATION OF PROTECTIVE RESTRICTION dated July 15, 1971, recorded December 13, 1971 in Liber 7066, page 377· -- stating no new buildings would be erected on business portions of the property until 25 living units erected in Multiple Residence District. Covenants to run to January 1, 2000. LETTER OF HOWARD TERRY, BUILDING INSPECTOR, Town of Southold, dated December 23, 1971, setting forth zoning of Brecknock Hall Property after adoption of new zoning ordinance and map on November 23, 1971, effective December 17, 1971. -- Rezoned 57.5 acres from "A" Residential and Agricultural to "M" Light Multiple Residence District, allowing 385 dwelling units; and 12.4 acres from "A" Residential District to "B" Light Business District. AMENDED G~ANT OF SCENIC EASEMENT dated December 13, 1983, recorded September 10, 1984 in Liber 9637, page 169, which placed 37.92 acres of property - buffering the business zoned portion of the property and moving the residential development further north on the property. AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS dated December 13, 1983, recorded February 2, 1984 in Liber 9506, page 263, which limited the density of the total Multiple Residence District to 350 new dwelling units. RESOLUTION OF SOUTHOLD TOWN BOARD adopted December 20, 1983, granting change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District, and authorizing execution of Amended Grant of Scenic Easement. LETTER OF EDWARD HINDERiqANN, BUILDING INSPECTOR, Town of Southold, dated December 23, 1985, certify- ing the amended site plan showing 350 units and amenities as meeting the zoning regulations. WATER SUPPLY AND SANITARY SEWAGE AGREEMENT between VILLAGE OF GREENPORT and GREENPORT DEVELOPMENT CORP. dated March 7, 1986, for the installation of water 10. 11. 12. 13. 14. 15. 16. 17. supply well, water and sewage mains, fire hydrants and sewage collection lift stations, and to connect the water supply and sewage collection systems with the Village of Greenport water and sewage treatment systems. This contract calls for a payment to the Village of at least $1,804,250.00 of which 20%, or $360,850.00, has been paid to the Village. LETTER OF BENNETT ORLOWSKI, JR. CHAIRMAN OF SOUTHOLD TOWN PLANNING BOARD dated September 23, 1986, containing RESOLUTION OF PLANNING BOARD on September 15, 1986, approving site plan for the "Breakers at Lands End". DECLAR3%TION OF COVENANTS AND RESTRICTIONS dated November 26, 1986 (recorded February 11, 1987) - all roads to remain private and not be dedicated to Town of Southold. PERFORMANCE BOND OF THE COMPANY dated February 10, $100,000.00. NORTH RIVER INSURANCE 1987 in the amount of RESOLUTION OF SOUTHOLD TONNPLANNING BOA~Daccepting and referring on March 30, 1987 to the Town Board for approval of $100,000 performance bond for bluff plantings_ LETTER FROM SOUTHOLD TOWN BOARD accepting on April 7, 1987 the performance bond in the amount of $100,000 for bluff plantings if bonding company authorized in New York State. AGREEMENT WITH SOUTHOLD TOWN PLANNING BOARD dated August 10, 1987 concerning condition of one-year review by Planning Board - agreement to cooperate with scheduling on-site inspections and engineering reviews and Owner to reimburse Planning Board for inspections and engineering reviews up to $25,000 ($5,000 previously paid 8/5/86). AGREEMENT WITH VILLAGE OF GREENPORT dated February 22, 1988 concerning preservation of rights under agreement dated 3/7/86 and agreement to jointly meet with NYS DEC to resolve objections. BUILDING PERMIT OF THE TOWN OF SOUTHOLD dated January 25, 1991 to construct pump house for supply well. CERTIFICATE OF OCCUPANCY OF THE TOWN OF SOUTHOLD dated January 30, 1991 for foundation for building #76. 18. 19. 20. 21. 22. 23. CERTIFICATE OF OCCUPANCY OF THE TOWN OF SOUTHOLD dated June 10, 1991 for pumphouse for supply well. PERMIT FROM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION effective September 1, 1991 (expiration date September 1, 1996) - construct modifications and additions to existing wastewater trealment facility. PERMIT FROM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION effective January 21, 1992 (expiration date January 31, 1997) - clearing and filling within 100' of the Freshwater Wetlands. DECLA~ATION OF COVENA1TTS AND RESTRICTIONS dated February 12, 1992 (recorded March 2, 1992) required by NYS DEC (acknowledgment of existence of freshwater wetlands in north central portion of complex and subject to ECL Article 24). EASEMENT AGREEMENT dated April 29, 1994 between LBV Properties and The Incorporated Village of Greenport - access agreement to water well and related property. DEDICATION dated April 29, 1994 from LBV Properties to The Incorporated Village of Greenport - Well No. 9, pump station, area fencing, and all related equipment. EXHIBIT 1 -j , TRANSFER 'Ar. IB~ REQUIRED]bus~ess at-fl6 South Street, 11~..,~/~ called the grantee. THIS ~DENT~, made as of this ay of July and GUS at 5 Arista Drive~ Dix ~97% by between SC~D, residing Hills, New York, hereinafter called the grantor, and T~ TO~ OF SOUTHOLD, a M~icipal Co~oration having its principal place of Greenport, New York, hereinafter WHEREAS, the grantor is the owner of a parcel of land near Greenport, Town of Southold, County of Suffolk and State of New York, described by.metes and bounds in Schedule A annexed hereto and made a part heraof; and -. WHEREAS, said premises constitute an area of natural scenic beauty and whose existing oper~uess: natural condition, or present state of use, if retained, would enhance the present or potential value of abutting and surrounding properties and would maintain or enhance the conse~ation of natural or scenic re- sources~ and Wti~REAS, the grantor wishes to grant a scenic easement to the grantee affecting the premises described in Schedule A; and 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 sreas 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 p~x~oses 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 WT-TT TT .. SCHEDULE A 7066 387 ALL that certain piece or parcel of land situate, lying and being near Greenport, Town of Soutbold, County of Suffolk, State of New York, bounded and described as follows: BEGINNIUG at a point on the northerly side of Uorth Road on the division line between the southwesterly corner of land herein described and the southeasterly corner of land of Schofield and McIntosb which point is distant 634.76 feet westerly from the division line between lands of Gus Schad and lands now or formerly of Hipley; runtuing thence a'~ong land of Schofield and Mc~ntosh two (2) courses and distat~ces as follows: (1) ~orth 11° 31' 10" West ~10.00 feet to a point; thence (2) North 19° 16' 00" West 344.00 feet to a point; thence following ten (10) courses and 10° 30' 50" West, 269.45 feet; feet; (3) North 85° 51' 50" West, 10" East, 380.00± feet; (5) South along other land of Gus Schad the distances as follows: (1) North (2) IIorth 24° 34' 30" West, 1310~ 280.00~ feet; (4) North 4° 08' 89° 02' 00" East, 280.43~feet; (6) South 4° 08' 10" West, 59.64~ feet; (7) North 65° 25' 30" East, 278.65_+ feet; (8) South 24° 34' 30" East, 1304.59 feet; (9) South 11° 41' 20" West, 771.04 feet; thence (10) South 22° 21' 30" East, 488.29 feet to the northerly side of North Road; thence South 66° to 20" West the point along' the northerly side of North Road 109.76 feet or place of BEGINNIUG. Said parcel containing 19.271± acres EXIIIB!T J_ .. in Schedule A. NOW, Tt~REFORE, L, . '7066 389 in consideration of ON'E (~1;OO) DOI',~LH and other good and valuable considerations to the grantor, receipt of which is hereby acknowledged~ this agreement widnesseth that: ~. The grantor does hereby donate, Ersmt, 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 that certain plot, piece or parcel of land as set forth aud described in Schedule A annexed hereto and made a part hereof. 2. The nature, character and extent of the easement hereby granted is as follows: (a) No building or structure of any description shall be erected on the premises, except ones required by the Suffolk County Department of Health and/or the Suffolk County Sewer Agency for the construction and maintenance of a communal sewerage system, consisting of a treatment plant and collection system; (b) Nolumbering 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 o£ existing growth or as may be reasonable required Lu the con- struction of roads, recharge areas or a communal sewerage systemS (c) 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 materials be stored upon the premises; the right assuring the terms and conditions of this scenic easement, rd) The grantee and its authorized agent shall have of inspection of the premises for the purpose of itself that the g~antor is not in violation of any of at any time. EXHIBIT 1 ..... 7066 390 3- The nature, character and extent o£ limitations on the within grant of 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 the grantor, his heirs, executors, assigns and_successors in interest, and subject to his or their unqualified right to exclude others therefrom by any and all law- ' ful means, except as indicated in paragraph 2(d); (b) Roadways with necessary recharge basins for highway drainage may be constructed to provide access to and from surrounding properties of the grantor and communal sewerage system~ and may be dedicated to municipal authorities; (c) ~e within grant of 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) Ail ri~t, interests and privileges of the grantor in the premises not herein specifically donated, granted, transferred and conveyed, remain and reside with the grantor, his successors and assigns. ~. 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. 5- 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 easement; any taxes reduced or abated as a result of this scenic nor shall the value of the premises be limited by this nor shall any part of any award belong to the grantee. · easement; EXHfBIT 1 6. ~e grantee hereby undertakes to cooperate to the extent legally permissible in having the valuation placed upon the premises for purposes of real estate taxation which shall take . into account and be limited by the restrictions imposed by this · scgnic easement, all in accordance with State of New York General "Mumicipal Law Section 247. '. 7- This agreement shall be perpetual and shall be a covenant ru~ning with the land and shall be binding upon the parties hereto, their successors and assigns. IN ~FZTNESS WH~_EOF, the parties have hereunto set their .'hands and seals as of tke day a~d year first above written. ".~' " ' '--":' ' .. Grantee STATE OF N~W YORK; SS. COUNTY OF SUI~FOLK: On the l£ i ay of July, 1971, before me personally came GUS SC}LAD, who resides at 5 Arista Drive, Dix Hills, New York, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged~o me that he . P S larch 30. 16,.:~r.. Notary Publiy/ STATE OF ~TEW YORK: COUNTY OF SUFFOLKi SS. On the 7th day of Deeember,1971, before me csme ALBERT M. MAR~OCCH~A, to me ~own~ who, being by me duly sworn, did depose and say that he resides at ~50 Seventh Street, Greenport, New York ; that he is the Supervisor o~ the TO~,~ 0F SOUTHOLD; the m~icipal co~oration described in and which e~e- cuted the foregoing instrument; that he ~ows the seal of said m~icipal co~orationl that the seal affixed is such seal; that it was so affixed by order of the To~ Board and that he signed his Ti'ANSFLR ~AX~*~,SNEW YORK ' S~ffo/~ Counf,, t" ~ of t~ew EXHTBT T 1 EXHIBIT EXHIBIT 2 ,I EXHIBIT 2 EXHIBIT ~-- EXHIBIT EXHIBIT 3 TOWN OF .~OUTHOLD OFFICE OF BUILDING INSPECTOR TI~WN I~,1EPI<'I-, L~F['ICF. !JLIiJTHOLD, N.. Y. TEL. '765-~60 December 23, 1971 Wickham & Lark, Attorneys i. ain l{oad kattltuck, ~I.Y. ~ttn: ti. Lark Dear o ir. Your letter of Dec. 21, 1971 RE: Premises of O. Schad - (co~m:only rei'l'erred to as Lrecknock Hall) N/S North Road (RT25) Easterly from Grcenport, N.Y. received. as you know7 the original a~plication as ammended was put to public hearing, and the scenic easement application was nut to public hearing an6 accepted. The new zoning ordinance~and map.were adopted on Nov. 237 and became efi'ective on Dec '77 1971 The ne%r map sho~S the "l.["-light multiple residence c~istrict on Schad ~roperty as coverin~ ~7.~ acres as outlined in the chanEe of Zone and secnic easment a,-plications. On the 57.5 acres you can put 38~ multiple residence uuits by supplying public water aid sewer service and clustering the ~rits as discussed with the Planning Board at some of their m. etJngs. The 12.~ acres as apnlied forchange of zone to "B-2" a[e now shown on the new Zone map as "B" light business district - a c,o~..Darahle use permitted. Copies of the new maps may be ordered from Otto VanTuyl & Son Engin_ers, Greenuort7 N.Y. Yours truly Building EXHIBIT 3 '" EXHIBIT 4 :~ .~-. prelent or potential abutting lurr~dlng EXHIBIT F-OI~IBIT ~ - EXHIBIT -6- '~ '- EXHIBIT EXr-~BIT ~ EXHIBIT 5 1000 Dist. Sec. p/oO25d~ Lot I AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 13th day of BRECKNOCK ASSOCIATES, a co-partnership, Schad, 690 Deer Park Avenue, Dix Hills, called the Declarant. December, 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" Light 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 EXHIBIT 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. Kinq; running thence along said 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, there has heretofore been placed on portions of the above described property a certain Declaration of Protective Covenants and Restrictions dated July 15, 1971, which was re- corded in the Suffolk County Clerk's Office on December 13, 1971, in Liber 7066 cp 382; and WHEREAS, the Declarant in the place of the aforesaid Cove- nants and Restrictions desires to impose certain other 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: -2- EXHIBIT 1. The total new dwelling units bo be erected on the above- described premises shall not exceed three hundred fifty (350). 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- described premises where living units are located, there shall be a 50 foot in width buffer zone in which no buildings or struc- tures will be erected. 3. The Declaration of Protective Covenants and Restrictions dated July 15, 1971, and recorded in the Suffolk County Clerk's Office on December 13, 1971, in Liber 7066 cp 382 is hereby ter- minated and cancelled. 4. Enforcement of these restrictions shall be through pro- ceeding at law or in equity. 5. 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 Gus S~had, Partner STATE OF NEW YORK: COUNTY OF SUFFOLK: On this 13th day of December, --3-- 1983, before me personally EXHIBIT EXHIBIT 6 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 20, 1983: WHEREAS, a petition was heretol~ore filed with the Town Board al~ the Town of Saul'hold by ..~fTf~G~.I~f~If...'~.$~:}.~I.f~ ......................................... requesting a change, modification and amendment of the Budding Zone Ordinance including the Building Zone Maps made a part thereof by chancj- "A" Residential "M" Light Multiple lng from . ..an~l..Ag~ricultu~ra! ....... District to ......... I~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 ...... 9lb. ........ day of ..........~l. qy¢~?.t~ .................. , 19.~.3..., and due dehberation having been had thereon NOW, THEREFORE, BE IT 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 EXHIBIT EXHIBIT 7 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 December 23,1985 Planning Board Town of Southold Main Road Southold, N.Y. 11971 Subject: The Breakers at Lands End Site Plan dated Nov. 1985 Gentlemen: This will certify the amended site plan in meet- ing Zoning regulations. This Certification is based on the density requirement prior to Local Law No. 7 dated April 9th, 1985 under Art. XI Sec. 100-116. EH:dsm Yours truly, Edward Hindermann Building Inspector EXHIBIT EXHIBIT 8 WhTffR 6UPP~Y TBIS A~RE~ME~T made thim '7 between the VILLAGE O~ GRE~NPORT, a municipal its of[ice and principal place of business at Greenport, New York 11944, hereinafter called the GREENPORT DEVELOPMENT CORP., with prinotpal at 5] Glen Cove Road, Greenvale, New York 11458, called the 'OWNER'. York, on day of March, 1~86, by and corooration hav[n~ 236 Third Street, the 'VILLAGE', and offices located hereinafter WI~NESSETH! the OWMER is about to commence a development known at Islands ~nd', Greenport, Town o~ Southold, New property, whiuh it presently owns, by deed dated July 16, 1984 and recorded in the Suffolk County Clerk'~ Office on July 20, 1984 in Liber 9604, page 529, locet~ on the northerly aido of Hain Road, State Woute 25, which is more par- ticul~rl¥ de~cribed in Schedule A which ia annexed hereto! which [nvolvea the development end construction o~t 350 ln~lvidual dwell{hq units along with a recreationa~ building, existing dwellings, buildings and accessory structures. The construction will require the lflatallation o~ a water ~upply well, water and mewege main~, fir~ hydrants end a sewage collection ll~t · tationis) on certain rights-of-way and portions off the property ea generally ,hown on the Preliminary P~an for Water Supply and Sanitary Sewage Systems pre@areS by ate;on J. Hymen, P.E., which ia attached hereto s3 Echedule 81 and to oonnect the afo;esalB -1- EXHIBIT water supply and sewage collection systems with the VILLAG~ water conformance with plans and specifications which will be approved by the VILLAGR, and as may be amended ~rom time to time during the course of construction of the proJectt and NI{~R~RS, the ONNER is willing, at Its cost and expense, to construct end Install the complete water supply and sanitary sewage systems which will Include among other things, wells, water maine, hydrants, sewage mains, lift station(si, all of which will be merged with the water supply and sewage systems of the VILLRGE for the pro,eot called the "Breakers at Islands End" located on the premises more particularly described in Schedule ~, end to transfer end convey same to the VILLAGB upon comple- tion, in whole or in part, and to give and procure easements for the maintenance o{ th~ wells, water and sewage systems, fire hydrants, lift station(s) and other necessary appurtenances for the proper operation of the aforesaid water supply and sewage collection systems; end requested water allowances o~ epproxl~atel~ 200~000 gallons average daily flow and 2S0,000 gallons peek demand flow, collect the sewage from the pro~ect~ and H~ERERS the OWNRB represents based upon the engineering test report o£ flolsmecher, Mc~endon & Hurrell, P.C. {R2N) dated June 15~ 1984 that the primary water supply ~11 will supply as least -2- EXHIBIT two hundred (200) gallons per minute times fourteen hundred and forty (1440) minutes per day or e total dally gallonage oapacity of tvs hundred eighty-eight thousand (28a,000) gallons per day! and d/rises for the pertiel have agreed upon the terms end con- the supply of water supply and sewage collection systems and other matters as hereinafter set forth.. WHEREAS, The parties understand that final approval of the development map has not been received by the OWNER from all the necessary public authorities. agreement to assist the OWNER way of contractually assuring The VILLAG~ enters Into this In securing much approvals and by to the OWNER a public water supply and sanitary sewage system 1[ development approval the OWNER. NOW, TA~RRFORE, nests herein, it is ia secured by in consideration of the premises and cove- mutually agreed as follovse FIRSTi The VILLAGE agrees to assist the OWNER In securing ell municipal approvals and permits and assuring to the public authorities a public water supply and sanitary sewage system to the OW~RR's project will be responsible authorities for the well(s). SECONDi The OWNER agrees to Install, at its own cost and ezpenae, on the property described In Schedule A, s water supply 'Breakers at Islands 8nan, and the VILLAGE for obtaining all permits from municipal installation end hookup of the water supply -3- EXHIBIT system and a sanitary sewage collection system including, but not limited to, a water supply wall or mils, water mains icg supply and distribution o[ water, and sewage mains and lilt station(s) [or the proper collection of sewage from the project as outlined on the attached Preliminary Plan for Beware 8¥stems prepared by Staves attached hereto as Schedule Supply and Sanitary P.E., which is THIRDm All necessary engineering end construction for the installation of the complete water supply and sanitary sewage systems on the O~NER's property desoribed la Bchedule A will be re[erred to as the "NORR", which shall be designed and constructed by the OWNRR and/or its subcontractors. The shall be In accordance with plans end specifications which are to be prepared by the OWNRR"s engineer, to be approved by the VILLAOE ~ngineer and Superintendent of Otllitles In ~ritlng before the OWNER commences the NOR~. Novever, the design and en~lneering [or the veil field end the lift station(s), together with appurtenant structures yell be co,pitted by Hol~macher, NcLsndon & ~urrell~ P.C. (H2N), of ~75 Broedhollow Road, ~elvllle, ~ev York. FOURTH~ All of the design, engineering end construction york for the installation of s&nitar¥ sewage ~lns f~om the connection at the OWNER's property~ sccoas an~ along 8tats Route 2~ along Bailey Avenue, to the VI~LAOE'i e~ieting sewage main on Atlantic Avenue, Or~enport, Ney ~ork, shall be the responsibility of -4- EXHIBIT incurred and associated with the englnae£1ng end construction of this off-alta sewage line will be reimbursed to the VILLAG8 by the OHNBR. Reimbursement payments will be made by the O~RER within thirty (30) days of when billed by the VILLAGe, and said payments will be the VILLAGB'a actual cost incurred. FIFTRi A. The VILLAGE requires a charge for each dwelling unit o~ TWO THOUSAND FIVE HUNDRED SEVENTY {$2,570.00) DOLLARS for the hookup of a public water supply and · charge of TWO THOUSAND FIVE HUNDRED EIGRTY-FIVE ($2,595.00) DOLLAR~ par dwelling unit received by the VILLAGE shall be placed in · "Back Bone Plant - Reserve Fund' to be used for the following needs o~ the VILLA~H~ well, site production, transmission mslns~ storage facilities, plant sate treatment, added Wastewater treatment plant, pump sta- tion, force and gravity mains, ac ss to assure the OWRSR of ~uture adequate water supply and a sanitary sewage treatment facilities, pursuant to a resolution of the VILLAGE ~oard of Trustees on July 19, 1995. Upon the execution o~ this agreement the O~NEH shall pay the VILLAGE the sum o~ I~ENTY (20t! P~RCEHT of the aforementioned charges which is THREE RUNDRED SIXTY THOUSAND EIGRT HUNDRED FIFTY ($360,950.00) of the aforesaid charges shall be paid sa (25~) PERCENT of the per unit fee then in time the ONNER applies DOLLARS. The balance follows~ TWENTY-FIVE force and eEffect at the for and receives a Building Permit for -5- EXHIBIT F dwell. In9 units on the premises end the balance of FIFTY-FIVE (55%) P~RCENT of the Fee For each dvelllng unit at the time a request in mede by the ONNER for s Certilicate oF Occupancy frOm the Town of Southold. The actual money paid to the VILLAGE at the time of receipt of a Certlilcate of Occupancy FIPTY-FIVE [55t] PERCENT Building Permit end the request for & {TWENTY-FIVE [25t] PERCENT and respectively) shell be based on the current charges o~ the VILLAGE at the time of the request, as said charges may be periodically amended by the VILLAGE Board of Trustees after s public hearing pursuant to s recommendation by the VILLhGE engineers. B. It in understood and agreed that the O~NER shall be to s monetary credit For actual costs and expenses by the OWNER, including design, engineering and entitled incurred construction co, ts in the development of the well or walls and accessory capital structures, excluding water mains, appurtenant thereto in the water supply system. At the time of the dedication of the systems to the VILLAGE, the costs of same will be sub- mitted by the OWNER to the VILLAGE's Engineer and ~uperintendsnt of Otillties for approval, end the credit shall be applied on per unit basis at the time the OWNER requests a Certificate of The),c· " Occupancy. barges to be paid by the O~NER for the 'hookup of water supply and connection of a sewage collection system for the accessory structures on the O;~NBR's premises as described in Schedule A, in their present usage, such as the recta&tics -6- EXH RIT building, tennis courts, security guardhouse, maintenance building, stable, equestrian center, existing dwellings, buildings, barns and other appurtenances, will be established by the Superintendent of Utilities. The determination of these charges viii be based on the Ule and water/leWage requirements of the structure to be serviced and a determination of the VILLAOE Superintendent of Utilities of said charges will set forth in Appendix I which is attached hereto and made a part hereof. C. If the VILLAGE allows any third patties to connect end use the facilities st the lift statlonis) or any force sewage main servicing the OWN{R's property, the VILL~R shall lmpose.a charge upon the third parties based upon the percentage of load flow used by the third parties as is related to the total flow of the lift atationCa) and/ne fores main. The percentage of repayment shall be in the same proportion aa the percentage of the third parties' flow is to the total flay of the lift station(s), and ferns main. 8aid an annual basis over a period not monies shall be paid to the OWNER (30) days o~ collection from said reimbursement shall be paid on to exceed ten (10) years. Said by the VILLAGE within thirty third parties. supply [ire hydrants for the installations aS shown on Exhibit B. The cost of the fire hydrants, together with the delivery charges shall be paid by the OWNER who agrees to reimburse the VILLAO~ et the VILL&GR'S actual cost, which costs shall be submitted to the OWNER for payment. -7- EXItlBIT The VILLAGE shall deliver the hydrants to the site at the time appropriate [or the expeditious completion cf the WORK, provided the VIL/,AOg la given at least 21 days notice and subject to the availability of the hydrants from the suppliers to the VILLRGS. Until such time as the rents1 for the fire hydrants is paid for by the East-Hast Fire Protection the VILLAGE such rental for each time being paid by such District hydrants in the District. District, the ONNSR will pay to fire hydrant ss is from time to to the VILLAGE for other SEVSN?E~ All WORK shall be inspected by the VILLAGE which hereby designates its Superintendent of Otllltles or his designee, with full power of inspection hereunder. The C~NER will grant access for purposes of Inspection to ali parts of the premises and the NORS. The VILLAGE shall have an suthorised inspector st the sits st all proper times an as not to delay the WOPA. No backfilling shall be done until the pipe and the WORE in the trenches have been approved and tested or prior permission has been obtalnet from the Inspector. The O#NSR agrees to pay the VILLAGE'S Costs for all Inspection fees charged by the VILLAGR, which costs shall be based submitted to the OWNER periodically rices, on an hourly charge to be in advance of the lnspec- EIORTB~ A one inch servica lin~ shell be Installed to each dwelling unit and appurtenant structures under the direction and supervision of the VILLAGE, with a curb atop to be located at a place approved by the VILLAGE. -8- EXHIBIT NINTH~ The VILLAGB will supply without charge to the ~R sufficient water to make all teats ~hat are required by ~ha VILLAGE, or Shy other governmental agency, for the installation. and approval of the water supply system and the sanltar¥ sewage system. T~NTH] The OWNER completed WORK by the agrees, upon written approval of the VILLAGE and compliance with all other pro- visions o~ this agreement, the OWNER viii ~ormally dedicate to the VILLAGe, an~ the VILLAO~ will accept, the entire water supply/distribution system, and the entire sanitary sewage collection system. The OWt~I~R shall e~ecute such instruments transferring to the VILLAG~ all o( £ta right, title and interest to the ~ater supply distribution and aea£tac¥ sewage oollectLon syatem~, lncludln~ but not limite~ to the water ~eZla, mains, kilt station(s), appurtenanoes~ ~ree an~ clear cE a~l eacumb~an- cea and liens. At the emma ttm~ the OWNER will grant and conve to the VlLL~G~ easements and riqhta-o~-~ay fo£ the purpose of laying, relaylng~ repairing, ope£atinq, maintaining ~ater supply well or wetla, water mains, distribution system lines, sanitary sewage collection facilities an~ appurten&noes~ Including domestic ~erv~cea and f~re and easements, ~he VILLAGE systems to its other water hydrants, and any other rights-of-way needs or requires for hookup of the mains and sewage mains. The aforesa! rights-of-way and easements shall axten~ five fleet on either aid of the water and sewer mains to bm lflstalled pursuant to this -9- EXHIBIT a~reement, whether or not such distance shell be within the way. However. with regards to the water supply site(s), the ease- ments shall be for a two hundred (200) foot radius from the sets o( well point(s). The mains, eppu£tenances, easements and rights- of-way shall be granted to the VILL&~)t its successors and assigns, in perpetuity. The easements greeted herein are not exclusive~ however, no other poles or cables are to be set within utility, sewer or other services necessarily cross the water mains, the O~NBR will advise the VILL}O! in ~ritino of the exact location of such Intersection, and upon installation shall supply maps to the VILLAOR showing the exact locations. ~aid iatersec- tions shall not be permitted without the prior written consent of the VIL£.AG~, ~hich consent shell not be unreasonably withheld. ~L~V~NTB~ The WORX covered by this agreement ~hall be com- menced within one year from thm date of this agreement and it contemplated ]50 units will constructed on the followin~ schedulem 100 units within three years of date o~ this sq~eement, 125 addi- tional units within six years of the date o~ this s~reemsnt, units within nine years of the date of this agreement. The development of the recreational building, e~lsting dwellings, buildings, and accessory structures, will be as required by the OWNER. tion of done In If the WO~R contemplated in this agreement for Installs- the water supply and sewaqe collection systems shall be stages, it is mutually agreed and understood that all -10- EXHIBIT specifications lion of changed VILLAOS, said systems and the #ORK to be completed thereon will be to conform to the then currant standards set by the The VILLAGE will notify the OWNER off any changes ffrom the plans and specifications which have been previously approved by the VILLAGE, Should the O~RSR desire to lay the mains or sewage collection facilities In sections, separate construction contracts may be let 1~ in the opinion of the VIiLAGE Engineer and guperintendent of Utilities much sections the proper peter supply and aeweqe collection the overall plan. TMELFTB~ Upon completion, inspection end approval of the #ORK, the Village shall operate the water supply systemt the sanitary sewage collection system to the development, end the Individual owners of the units and charge the rates applicable to situated pursuant to the rules and force end effect from time to time. will provide for in conformance with tion .then buildings. The VILL&GR shall other such owners similarly regulations of the VILLRGE in THIRTEBNTfl~ This agreement contains the complete understand- ing between the parties for the acquisition by the VILLAOE of the water supply and sanitary sewage collection systems and fire hydrants hereinbefore described. The O~NER sgrnes it will not make any claims sqainst the VILLAGE on account of the installs- of the water supply, wells, sanitary sewage system, other ss provided for in this agreement. FOUETEENTR~ This agreement shall Inure to the benefit and -11- EXHIBIT castors and assigns of the parties. in ~o~r counterpa£ta, all of which shall constitute originals, the day and year first above written, VILLAG~ OF GI~ERNPORT OaoOe Rubbard, ~ayor GREENPORT D~V~LOPNENT CORP. COL~¥ OF 9UFFOLK~ On the day of ~arch, 19~6, before me personally came OKORGE ItUBBARD, to me known, who, being by me duly sworn~ did depos~ ~nd s~y that he resides at /~ ~-'~ ~'~-~ OREFNPORT, tbs municipal corporation described in and which exe- cuted the foregoln~ lns~rumant~ that he knows the seal of said corporatlon~ that the seal ac affixed to maid instrument Is much corporate ~eal~ that It was so affixed by order of tbs board of trustees of said corporation, and that he signed his name thereto by like order. On the ~ day of Notch, Not~ry Public N.'~NCY W. COOK Nota~ Public, State of N. Y. Sul~k County No. 4735151 Term Expires March 30, 1986, before ma personally cams GOLDIE WOLOWIT[, to me known, who, being by me duly sworn, did depose end say that Ihs resides at 6 Park Drive ~ast, Old westbur¥, New York~ that she Is the ~ecretary of GREENPORT -12- EXHIBIT D~VI~LOPNSNT CORP., the oorpora~lon desorlbml In and which cuted the Eogeqoln9 lnatru.en~j bhat eho knows ~he eeal og said corpora~lon~ ~h~ ~he .eal affixed to .mid ln.~rument i. such corporate seal~ ~hat i~ was so a~flx~ by order o~ the board o~ dlreo~ors o~ said corporation, and ~hat she siqn.d her name ~here~o by like order. EXHIBIT SCHEDULE ALL that certain plot, piece or parcel of land, with buildings and Lmprovements thereon erected, situate, IyIng and being at Greenport, Town of Southold, County og Sufgolk, State of Ney York, bounded qnd described as follo~sm B~GINNING at a granite monument set on the northerly side of the North Road at the southwesterly corner of the lend now or formerly of B. Dwight Replay, being the southeasterly corner of the premises herein described; running thence along meld northerly side of North Road, South 66' 01' 20" Neet 634.76 feet to land now or formerly of Schofield and Nclntosh! thence along said lend now o£ formerly of $chofleld sad Nclntosh, four courses and dlntancesm (1) North 11' 31~ 10" Nest 210.00 feet! thence (2) North 19° 15' 00" Nest 344,00 feetp thence (3) South 65° 47' 10" West 213.37 feet; thence (4) South 19' 16' 00" East 550.14 feet to said northerly side of North Roadp thence along said northerly side of North Road two courles and dlatancesl (1) South 65° 23' 50" West 295,49 feet; thence (21 South ii' 36' 40" Nest 589.52 feet to lend now or formerly of Time gtructursa Inc.; thence along said land now or formerly of Time Structures, Inc. four courses and distancesm (1! North 41' 39' 10" West 1084.54 feet; thence (2) North 65' 07' 50" East 371.40 feet; thence (3) North 32" RS' 10" West 982.87 feet; thence (4) North 32' 57' 30" 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 s~ven courses and distances as followsm (1) North 44° 12' 40" East 564 feet; (2) North 25" 16' 40" ~ast 398.12 feet! thence (3) North 58' 57' 20" East 601.09 feet! thence (4} North 42' 36' 50" Bast 169,85 feet; thence (5) North 57' 59' 40"East lSe.~8 feet; thence (6) North 41' 51' 20" East 322.22 feet! thence (7) North 31° 1~' 10" East 483.72 Eeet tO lend now or formerly of F.F. King, Jr.; running thence along said land now or formerly of F.F. King, Jr., the following 14 courses and dlstancess (1) South 30' 10' 40' East ~10 feet; thence (1) 9outh 31' 03' 40' Bast 300.01 feet; thence (3~ South 29' 1~' 30' Bast 89.~1 feet; thence (4) 9curb 1]° 46' ]0' East 31.68 feet! thence (5) South 27° 56' 50' West 65.47 feet; thence (6) 8curb 0' 19' 40' Bast 179.94 feet; thence (7) 9curb 1' 34' 00' East 300.20 feet! thence (8) 6outh 3' 40' 00* Bast 100 feet; thence (9! South 00 04' 20' Nest 172.71 feetl thence (10) South 5' 18t 40' East 100.93 feet! thence (11! South 0' l~' 30' East 100.15 feet; thence ¢12) South 1° 45' 00' East 434.17 feet! thence (13) South 7° 02' 00' Bast 40.19 feet; thence (14) 9o~th 76' 4~' 10' West 155.11 feet; thence along salfl land now or formerly of King and land now or formerly of Ripley, South 24' 34' 30' Bast 805.00 fast to the point or place of BSOINNINO. EXHIBIT APPgNO~X ~ Water Book Up 9ewer Connection Bu£1dinq or Facility Charge Charqa (To be specified at time of Building Permits pursuant to paragraph FI~T~.) Village of Oreenport Greenport Development Corp, EXHIBIT BACK BOIIO PLNIT FUNDS TreatJJnt Plant Cost eJ6.60/gal [design flo~ 300 gals per day I~r ~lli~l unit) ~ S~tt~ TOTAL Public I~ter 301, Ueli Site Production 20J Trsnsmlsslofl I~ins 35~ Distribution 14aln$ (Paid by Others) lOS Storage St #lscellafleous On SAte Treatment $1,950 POU 318 POU 317 POU $1,001 PI)U 666 POU 334 'PI)U 167 P0U :": ~ 400 PI)U Per Duelling Unit TOTAL ' $2,670 POU #HEREAS taxing property outside the Village In a special taxing district uouid far exceed the Engineers. recemwended Utility Costs THEREFORE BE IT RESOLVEO tha~ the charges per d~elllng unit outside the Village of Greenport for wastevater service be $2,585.00 and the charges per dwelling unit outside the Village for public water be $2,570.00, and Bi[ IT FURTHER RESOLVED that the Board of Trustees have the Consulting Engineer revlev these costs on a regular timely schedule, and BE IT FURTHER RESOLVED that the monies collected be placed in 'Back Bo~e Plant - Reserve Fund" only to be used for the following needs: I~ter (l) t~ll Site Production (2) Transmission Nh/ns (3) Storage Facilities and (4) Plant Site TreatMnt gastewater (I) Added Treatment Plant (2) Pump Station (3) Force Mains and Gravity Nalns. Adopted - duly 18, 1985 (09:i5) Effective Date - duly 18, )985 (09:15) By Village Board of TrusLees F-,XHIBIT · EXHIBIT 9 Sou~hold, N.Y. 11971 (516) 765-1938 September 23, 1986 Mr. Henry E. Raynor, 320 Love Lane Mattituck, NY 11952 Jr. Re: Breakers at Lands End Dear Mr. Raynor: Please let this confirm the following actions taken by the Southold Town Planning Board, Monday, September 15, 1986. RESOLVED that the Southold Town Planning Board override the resolution of the Suffolk County Planning Commission of July 2, 1986 for the reasons stated by the agent for the developer in correspondence dated July 18, 1986. RESOLVED that the Southold Town Planning Board approve the site plan for "The Breakers at Lands End" located at NYS Route 25, Greenport for construction of 350 condominium units and amenities as indicated on the site plan dated December 2, 1985 (sheets 1-25) by Steve Hyman, subject to: 1. Covenants and restrictions filed with the office of the County Clerk that the roads within this development will remain private and will not be offered for dedication and will not be under the jurisdiction of the Southold Town Highway Department. 2. Posting and acceptance by the Town Board of a performance bond in the approved amount of $100,000 for bluff plantings for the Long Island Sound bluff stabilization and erosion control on the site. 3. Receipt of an insurance policy naming the Town as an additional insured with regard to the unfenced ponds. 4. A one-year review by the Planning Board and inspection prior to the issuance of a certificate of occupancy. It was noted that this project has been certified by the Building Department, and has a signed contract with the EXHIBIT Henry E. Raynor Page 2 9/23/86 Village of Greenport for water and sanitary sewer facilities. There was also concern among the Board with regard to the use of ground water for the make-up water for the ponds on the site. Upon receipt of notice that the conditions have been met, the Chairman will endorse the site plan. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , "'CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Richard Lark, esq. By Diane M. Schultze, Secretary F. XH S T ? EXHIBIT 10 10247 ..250 DECLARATION OF COVENANTS AND RESTRICTIONS 1000 Dist. 035.00 Sec. 01.00 Dlk. 025.000 Lot DECLARATION made this 26th day of November, 1986, by GREENPORT DEVELOPMENT CORP., with principal offices located at 53 Glen Cove Road, Greenvale, New York, hereinafter called the "Owner"; WHEREAS, the Owner has title to certain land situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, by virtue of a deed dated July 16, 1984 and which was recorded in the Suffolk County Clerk's Office on July 20, 1984 in Liber 9604 attached Schedule A. WHEREAS, portions Page 529, and is more of said land were the fully described in subject of a site plan application submitted to the Southold Town Planning Board known as "The Breakers at Lands End" for site plan approval; and WHEREAS, on September 15, 1986, the Southold Town Planning Board approved the application for site plan. NOW, THEREFORE, the above-described premises shall be subject to the following covenants and restrictions: 1. All the roads within the site plan known as "The Breakers at Lands End" will remain private, and will neither be offered for dedication to the Town of Southold nor will be under the jurisdiction of the Southold Town Highway Department. 2. Declarant does hereby further warrant, covenant and represent the foregoing restrictions and agreement shall bind the undersigned, its heirs, successors and assigns, and any and all EXHIBIT 10247 person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has caused his hand and ~m''%m~e affixed the day first above written~ ~ NEW YORK: -_,TY OF SUFFOLK: ''''"'~' On the 26th day of November, 1986, before me personally came BRUCE WOLOWITZ, to me known who, being by me duly sworn, did depose and say that he resides at 18 Clinton Lane, Jericho, New York; that he is the President of GREENPORT DEVELOPMENT CORP., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public 024 SCHEDULE A ~¢{ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a granite monument set on the northerly side of the North Road at the southwesterly corner of the land now or formerly of H. Dwight Ripley, being the southeasterly corner of the premises herein described; running thence along said northerly side of North Road, South 66' 01' 20" West 634.76 feet to land now or formerly of Schofield and McIntosh; thence along said land now or formerly of Schofield and McIntosh, four courses and distances:, (1) North 11' 31' 10" West 210.00 feet; thence (2) North 19' 16' 00" West 344.00 feet; thence (3) South 65' 47' 10" West 213.37 feet; thence (4) South 19° 16' 00" East 550.14 feet to said northerly side of North Road; thence along said northerly side of North Road two courses and distances: (1) South 65° 23' 50" West 285.49 feet; thence (2) South 66* 36' 40" West 589.52 feet to land now or formerly of Time Structures Inc.; thence along said land now or formerly of Time_Structures, Inc. four courses and distances: (1) North 41" 39' 10" West 1084.54 feet; thence (2) North 65* 07' 50" East 376.40 feet; thence (3) North 32* 28' 10" West 982.87 feet; thence (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' 40" East 564 feet; (2) North 25' 16' 40" East 398.12 feet; thence (3) North 58° 57' 20" East 601.09 feet; thence (4) North 42' 36' 50" East 169.85 feet; thence (5) North 57' 59' 40"East 188.68 feet; thence (6) North 41' 51' 20' East 322,22 feet; thence (7) North 31' 15' 10" East 483.72 feet to land now or formerly of F.F. King, Jr.; running thence along said land now or formerly of F.F. King, Jr., the following 14 courses and distances: (1) South 30' 10' 40" East 910 feet; thence (2) South 31' 03' 40" East 300.01 feet; thence (3) South 28' 19' 30" East 89.61 feet; thence (4) South 13' 46' 30" East 33.68 feet; thence (5) South 27° 56' 50" West 65.47 feet; thence (6) South 0' 19' 40" East 179.94 feet; thence (7) South 1' 34' 00" East 300.20 feet; thence (8) South 3' 40' 00" East 100 feet; thence (9) South 0' 04' 20" West 172.71 feet; thence (10) South 5' 18' 40" East 100.93 feet; thence (!1) South 0" 39' 30" East 100.15 feet; thence (12) South 1' 45' 0O" East 434.17 feet; thence (13) South 7' 02' 00" East 40.19 feet; thence (14) South 76* 49' 10" West 155.11 feet; thence along said land now or formerly of King and land now or formerly of Ripley, South 24' 34' 30" East 805.00 feet to the point or place of BEGINNING. District 1000, Section 035.00, Block 01.00, Lot 025.000 102~7 ?~253 EXHIBIT 11 492 Franklin Ave. Nutley, New Jersey 07110 ~OND NO. NR17688 $ 100,000.00 KNOW ALL MEN BY THESE PRESENTS: That us, the undersigned Greenport Development Corp. as Principal, and The North River Insurance Co. any a corporation of the State of New Jersey and authorized to do business in the State of New Jersey, as Surety, are hereby held and firmly bound unto the Tc~n of Southold, New York , as Obliges, in the penal sum of Gne Hundred Thousand Dollars & no cents. ($ 100,000.00 ) Dollars for the payment of which, well end truly to be made we hereby Jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. W~EREAS, it is proposed to mmke certain Sub 6ivision "The 8reekers at Lands End" Greenport, New York WHEREAS, the Town of Southold, New York execution end delivery of this bond. has approved said plan upon the NOW, TMEREFORE, the condition of this obligation is such that if the above bounden Principal shall construct the improvements shown above, and complete said work to satisfaction of the Town of Southold, New York and in accordance with the present standard specifications of the Town of Southold, New Yorktherefore, then this obligation shall be void, otherwise the same remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shell in no event exceed the penal amount of this obligation as herein stated. · Signed, sealed and dated thi-' 10th of February, 1987 '"Witnees / North River Ivey- // '"~ $uret'f Robert A. ' ' II EXHIBIT 12 D T, LD S ¥ Sou{'hold, N.Y. 1.1971 (516) 765- {.938 April 2, 1987 Mr. Richard Lark Attorney at Law P.O. Box 973 Cutchogue, NY 11935 RE: Breakers at Land End Dear Mr. Lark; The following action was taken by the Southold Town Planning Board, Monday, March 30, 1987. RESOLVED that the Southold Town Planning Board accept and refer to the Town Board for acceptance the performance bond in the amount of $100,000 for bluff plantings for the condominium proposal to be known as "Breakers At Lands End" located at Greenport. If you have any questions, please don't hesitate to contact our office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Judith T. /w bond Terry EXHIBIT EXHIBIT 13 ;1 )UDITII T. TERRY OFFICE OF 1'lIE 'rown ('I.EIIK TOWN OF SOU I'1101.1) April 20, 1987 5oulh,dd, New Y~k IIU71 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Cent lemen: The $outhold Town Boa~-d, at their regular meeting held on April 7, 1987, accepted the performance bond in the amount of $]00,000 for bluff plantings for the condominium proposal to be known as"Breakers At Lands End" located at Greenport, provided the bo~]ding company, The North River Insurance Company, is authorized to do business in the 5tale of New York. Today I received the attached "Certificate of' Solvency under Section 1111 of the New York Insurance Law" certifying that the company is auth- orized to transact the business of insurance in New York State, so you may consider the $100,000 bond accepted by the Town Board. Very truly yours, Judith T. Terry 5outhold Town Clerk Attachment / cc: Richard Lark, Esq.~/ EXHIBIT 13 CERTIFIC\TE OF SOLVE~Cf U~DER SEC"2IC~! llll OF THE ~FEW YOKK [~ISURANCE ~ STATE OF NEW YORK INSURA};CE D E P~ME~ ~T JAMES P. CORODRAN SUPERINTE~[DENT OF INSUPJ~ICE It [S hereby certified thac THE NORTH RIVER IMSUP~ICE CC~4PB~Y of Horristown, ~.lew Jerse'!, a corporation organized under the laws of the State of New Jersey, and duly authorized to transact the business of insurance in this Stare, [s qualified to become surety or guarantor on all bonds, undertakings, recoqnizances, guaranties and other oDlfgations required or permitted oy law; and Cha~ the said co~pofac[on is possessed of a capital and surplus [nc!uding paid-in and contributed surplus and unassigned funds (surplus) aggregating the sum of $129,871,646. (Capital $2,50~,000.), as is shown by [cs ~wo~n financial statement for the year ended December 31, 1985 on file Ln this Department, proof to audit. The said co~poratlon cannot lawfully expose itself to loss on any one risk o~ hazard to an amount exceeding 10% of [ts surplus to policyholders, unless i~ shall oe p~ocecced [n excess of that amount [n the manner provided in Sect[on 4118 of the Insurance Law of this Stare. In Witness Whereof, ,I have hereunto set rrf head and aff£xed the official s_=al of this Department at the City of Albany, this 3lst day of J~ly, 1986. Sbge~Lnt=-nden~ of [nsurance EXHIBIT 14 THIS AGREEMENT made the /O~'~day of August, 1987, between GREENPORT DEVELOPMENT CO., a New York partnership, having urincipal office et 5] Glen Cove Road, Greenvale, New York 11548 (hereinafter referred to as "OWNER"), and the PLANNING BOARD OF THE TO~N OF SOL, HOLD, with office at 53095 Main Road, Southold, New Tork 11971 (hereinafter referred to a~ the "PLANNING WHEREAS, the OWI~ER, is a partnership consisting of Bruce Wolowitz and Goidie Wolowitz, as successors in interest to · ]REENPORT DEVELOPMENT COBP., and ag such have title to a certain parcel of land lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, by virtue of a de_~d dated December 31, 1986 and which is recorded in the Suffolk ICounty Clerk'~ Office on January 28, 1987 in Liber 10131, page 438, and is more fully described on the attached Schedule A; and WHEREAS, the PLANNING BOARD at a regular meeting on Septem- ber 15, ~986, approved the site plan for "The Breaker~ at Lands £nd' located st New York ~ate Route 25, Greenoort, New York, for construction of 350 ccndomini~m units and ~menities a~ indicated on the site pla~ dated December 2, 1985 (Sheets 1-25) by Steven Myman, Con~ultim~ Engineer, ~ubject to the following condition~: Condition 91 Covenants and re~triction~ filed with the of- fice of the County Cler~ t~at the roads within thi~ develop- ment will r~ain private and will not be offered for dedica- tion and will not be under the Jurisdiction of the Southold Town Highway Department. Condition %~ ~osting and acceptance by the Tow~ Board of a performance bond in the approved amount of $100,000.00 for bluff planting~ for the Long I~land Sound bluff sta0iliz~tion and erosion control on the site. -i- EXHIBIT Condition I] Receipt of an insurance policy naming the Town as an additional insured with regard to the unfenced ponds. Condition 14 A inspection prior panty. one-year review by the Plashing Board and to the issuance of a certificate of OCcu- and W~EREAS, the OWNER has complied with: Condition 91, by recording s Declaration of Covenants and Restrictions in the Suffolk County Clerk'g Office on February 11, 1987 in Liber 10247, page 250, and delivering a certified copy to the PLANNING BOARD on February 11, 1987. Condition ~2, by delivering to the PLANNING BOARD on February 11, 1987, Performance Bond No. NR17688 issued by The North River Insurance Company in the aJ~ount of $100,000.00, which was accepted by the PLANNING BOARD at a regular meeting on March 30, 1987, and referred to the Southold Town Board, which Performance Bond was accepted by the Southold Town Board by Resolution at a regular meeting on April 7, 1987. Condition ~3, by delivering to the PLANNING BOARD om February ll, 1987, a Certificate of Insurance issued Febru- ary 4, 1987, by General Accident Insurance Company naming the Town of $outhold ss additional insured as respects pro- jpct at Route ~25, Greenport, Southold, New York (unfenced ponds). and WBEREAS, the parties desire to facilitate the administration of Condition f4 in that the development of the site plan for the 350 condominium units and amenities will take longer than one year to complete. NOW, THEREFORE, the parties hereto aqree as follows~ 1. The OWNER agrees, and in all respects consents to cooper- at9 with the scheduling and completio~ of on-~ite tnmpection~ and engineer/hq reviews of the work a~ it progresse~ on the site ~lan and condominium project. -2- The OWNER agrees to reimburse the PLANNING BOARD for the expenses it incurs in obtaining the on-site inspections and engi- neering reviews by Engineer~ or Consultants employed by the PLAN- NING BOARD for this purpose, un to but not to exceed a cost of TWENTY-FIVE TROUSAND ($25,000.00) DOLLARS, of which FIVE T~OU- S%ND ($5,000.00) DOLLARS was previously paid to the PLAN-NING ROARD on Auqust 5, 1986, the receipt of which is acknowledged. The OWNER agrees to make 3uch payments to the PLANNING BCARD within thirty (30) days after receipt of a copy of a voucher authorizing payment by the PLA/~NING BOARD. 3. This agreement successors and assigns. shall be binding upon the undersigned, its / ..Y, ,,.. GREENPORT PLANING BOARD, TOWN OF SOUT~QLD~ Chairman STATE OF NEW YORK: COUNTY OF SUFFOLK: On the 10th day of August , lgB7, before me personally came 3RUCE WOLOW~TZ, 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 GREENPORT DEVELOPMENT CO., a co-partnership, and thst he executed the foregoing instrument in the firm name of GREENPORT DEVELOPMENT CO., and 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 mentioned._ .~ /- ~' ;:,'%,':CU Ccr-'~._'. ~_ NO I~;:.~-~U ~''..,~ CCI ~-Y STATE OF NI~W ¥ORK~ CO0~TY OF SUFFOLK~ On the /~day of//2L~/~~ , 1987, before me personally csme ~ENNETT O~O~SKI, JR., to me kno~, who, being by me duly sworn, did depose and sa~ ~ha~ he ~es~de~ ~t S~illwa~er Avenue, Cutchogue, New Yo=k~ ~ha~ he Is the Ch~lrmao of ~he PLANNING BOARO OF ~E TO~ OF 50UTHO~D, ~hich l~ described tn an~ which executed the foregoing instr~efltj that he knows the seal o~ said PLA~ING ~A~; that the seal so affixed to said instrument such seal; that it w~s so affixed by order of the PLANNING add that he signed his name thereto by llk~r~r.~ . / SCIIEDULE A ALL that certain plot, piece oc parcel of land, with buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk, State of New York, bounded and described as follows~ BEGINNING at a granite monument set on tile northerly side of the North ~oad at tile southwesterly corner of the land now or formerly of H. Dwight Rlpiey, being the southeasterly corner of the premises herein describedl running thence along said northerly side of North Road, South 66' gl' 20" West 634.76 feet to land now or formerly of Schofield and Mclntosh; thence along said land now or formerly of Schofleld and McIntosh, four courses and distances:, (1) North 11' 31' 10' Nest 210.00 feet; thence (2J North 19° 16' 00' Nest 344.00 feet! thence (3) South 65' 47' 10" Nest 213.37 feet; thence (4) South 19° 16' 00' East 550.14 feet to said northerly side of North Road; thence along said northerly side of North Road two courses and distances: (1) South 65° 2]' 50' Nest 285.49 feet; thence (2) South 66° 36' West 589.52 feet to land n--~ or formerly of Time Structures Inc.; thence along said land now or formerly of' Time Structures, Inc. ~our courses and distances: (1) North 41' 39' 10' Nest 1084.54 feet~ thence {2) North 65' 07' 50' East 376.~0 feet; thence (3) North 32a 28' 10' Nest 982.87 feet; thence (4) North 32' 57' 20' West 410.0_Q_0 feet to the o~dinary high water mark of Long Island Sound; thence along the ocd£nary high water mark of Long Island Sound seven courses and distances as follows: (1} 'North 44' 12' 40' East 564 feet; (2) North 25° 16' 40' East 398.12 feetl thence (3) North 58' 57' 20' East 601.09 feet~ thence (4) North 42' 36' 50' East 169.85 feet; thence (5) North 57' 59' 40'East 188.68 f~et~ thence (6) North 41' 51' 20' East 322.22 feet; thence (7) North 31' 15' 10' East 483.72 feet to land now or formerly of F.F. King, Jr.; running thence along said land now or formerly of F.F. King, Jr., the following 14 courses and distances~ (1) South 30' 10' 40' East 910 feet; thence (2} South ]1' 03' 40' East 300.81 feet~ thence (3} South 28' 19' 30' East 89.61 feet; thence {4} South 13~ 46' 30' East 3~.68 feet; thence (5) South 27° 56' 58' Nest 65.47 feet~ thence (6} South 0° 19' 40' East 179.94 fe~t~ thence (7} South 1' 34' 00' East ~00.~0 feet; thence (8) South ]' 40' 0O' East 100 feet; thence (9] South 0' 04' 20' Nest 172.71 feet; thence (10] South 5' 18' 40' East 100.9] feet~ thence (11! South 0' 39' 30' East 100.15 feet! thence (12} South 1' 45' ~' East 434.17 feet! thence (13} South 7' 02' 00' East 40.19 ~t~ thence (14} South 76' 49' iD' Went 155.11 feet~ thenc~ along said land nov o~ formerl~ of ~ing an~ land now oc forme£1~ of Rlpley, South 24° 34' 30' East 805.00 feet to the point o~ plac~ of BEGINNING. District 1000, Section ~]5.00, Block 01.00, Lot 025.000 EXHIBIT 15 AGREEMENT made this ~day of February, 1988, by and between GREENPORT DEVELOPMENT COMPANY, a partnership, and the INCORPORATED VILLAGE OF GREENPORT, a Municipal Corporation organized and existing under and by virtue of the Laws of the State of New York, W I T N E S S E T H: WHEREAS, and on the 7th day of March, 1986 the parties to this Agreement entered into an agreement which provided for certain obligations to be performed by both parties; and WHEREAS, that agreement provides for the GREENPORT DEVELOPMENT COMPANY to hook-up dwellings to the public water supply and to the sewerage system of the VILLAGE OF GREENPORT, and WHEREAS, and on July 17th, 1987, the INCORPORATED VILLAGE OF GREENPORT claimed that there was a breach of that agreement by GREENPORT DEVELOPMENT COMPANY; and WHEREAS GREENPORT DEVELOPMENT COMPANY has denied there was a breach and has claimed that the refusal to perform the agreement by the INCORPORATED VILLAGE OF GREENPORT is a breach of said agreement; and WHEREAS both parties wish to preserve any rights and remedies each may have with respect to this particular agreement hereinbefore referenced; and WHEREAS, the parties in an effort to resolve their differences have agreed to cooperate with one another in an EXHIBIT IA" effort to meet objections raised by the New York State Department of Environmental Conservation, which objections relate to the sewer plant operated by the INCORPORATED VILLAGE OF GREENPORT; and WHEREAS, the parties agree that they will jointly meet with representatives of the New York State Department of Environmental Conservation in an effort to reach agreement with respect to utilization and/or expansion of the sewerage treatment plant in order to accommodate the planned development of GREENPORT DEVELOPMENT COMPANY and to permit GREENPORT DEVELOPMENT COMPANY to hook-up to the sewerage system of the VILLAGE OF GREENPORT. NOW, THEREFORE, the cooperation by them shall be parties agree that any such without prejudice to any rights and/or remedies they may have as against one another, and such conduct shall not be deemed a waiver by either, of any rights they may have with respect to any claimed defaults and/or breaches of the said agreement, and the parties further agree that neither party shall assert in any court of competent jurisdiction or elsewhere that such cooperation or activities constitutes a waiver or ratification of the hereinbefore referenced contract. The parties hereto have set their hands and seals this ~-~ay of February, 1988. GREENPO EVELOP O ' PANY W~itz, Partner UILLAGE OF GREENPORT EXHIBIT 16 ~ma. NO. · TOWN OF $OUTHOLD BUILDING DEPARTMENT TO¥/N HALL $OUTHOLD, N. Y. BUILDING PER.MIT Il'HIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL CQMPLETION OF THE WORK AUTHORIZED) 19634 Z Permission Is herebygronted Io: ............... .:....?. ~. ........................... ~ .......................... ~ ................ ~ ................. ............. "ty'o' ............... o,,re.,,,,,,~o,.,,,....r..~..~......~u..~....~ ........... .~.~(F.~ .......................... .... ~""'~";~ ......... .............. ~. .......T~....0.1 .................... ..._....--,,__.............. ............ ....................................................... c~,~v Tox Uop No. mOO ~lo,, ...... ..0....~..~... m~:k ..... ~...! ......... ~ No ..... ~.~---- .......... Building Inspector. Building Im~ector Re~. ~/~0/80 EXHIBIT 17 NO. 4 TOWN OF SOUTHOLD 8U[LDENG DEFARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19696 Date JANUARY 30, 1991 THIS CERTIFIES that the building Location of Property 1205 MAIN ROAD House No. County Tax Map No. 1000 Section 35 Subdivision FOUNDATION GREENPORT, N-Y- Street Block 1 Lot 25 Filed Map No. Lot No. Hamlet conforms substantially to the Application for Building Permit heretofore filed in this office dated NOV~ER 17, 1987 pursuant to which Building Permit No. 16637-Z dated NOVEMBER 19, 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is CONSTRUCT FOUNDATION FOR BUILDING #76 AS APPLIED FOR. The certificate is issued to GREENPORT DEVELOPMENT CO. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N/A Building Inspector Rev. 1/81 EXHIBIT 18 TOWN (IF $OUT[IO[,I] BU ii,DING DE~AR'I.'MENT Office of the Buildi~lg [nspecfou Town Ha L t Soul-.hoLd, N.Y. CERTIFICATE OF OCCUPANCY No Z-19963 Date JUNE 10, 1991 THIS CERTIFIES that the building STRUCTURE Location of Property 1205 MAIN ROAD (RTE 25) GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 35 Block 1 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANU;kRY 2, 1991 pursuant to which Building Permit No. 19634-Z dated JANUARY 25, 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is PUMPHOUSE FOR A SUPPLY WELL AS APPLIED FOR. The certificate is issued to GREENPORT DEVELOPMENT CO. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. N-183695 PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A - APRIL 17, 1991 N/A Building Inspector EXHIBIT SPECIAL CONDITIONS A row of hay or straw bales shall be staked-end to end at the freshwater wetland boundary (west fence line) as shown on the site plan. This sedimeo: barrier shall be in place before any construction work begins and sha~l be maintained in p~ace un~il all phases of construction, excavation and grading are complete. 2. Ail excava[ed material, fill and construction debris shall be prevented from entering the wetland area. Supp[ementary Special Conditions (A) thru(J) attached. 1-4738-00009/0000 I=O' Page 3 o! ~/ EXHIBIT 20 ~UPPhI';RI'~NTAIiY SPEClfih C(1NDITiON[; h. II. C. I). rollf~wllml crmrlllionn apply lo all lml'luiln: Jr any t~f ttl~ permit ¢"ondtl i~lTfl are tlil('lear,the petluJ[ Lee ~tha] I coil- tact the I)ivi~;irm of Ilegutal:ory hffalre aL t. he address and Ee[ephone not. ed below. A ct~py r~f Ih q po,mil, with nup[~lomelllar¥ co[~dit'iomq and approved plann nhall be available at. {:he project site whenever authorized work in In proqre.qn. '['he pein[il nigh ent~.lon~fl with the imrmlt or a copy of letter of approval ohall he prol:eeLed from the weal. her and peal:ed [na coa- .picuou~ location at the work slLe ual. Il completion of authorized work. AL ]ea.~t /Iff hourfl prior I.o eOlmneneement of I. he project, the per,ill:tee Ri]all eomp].ete and return the t:op portlnn of the enetoeed receipt form certifying that he i~ fully aware of and under~tand~ all provJelon~ and em~ditimm or thl~ permit. Within one we~k of completion off ~he per,nil, led Wol-kr Llle boll:om portion of thaL form ~hall a]ao be corn- pletmt and returned. I~nr prr~Jpnl..q Jnvnlvlng nctlvll, len 1. o be aecompllBhed over a period of more I:han one year, I. Im permlLI, ee Rhnll notify ~he Regionnt Permit /~dml. ni~rrator in writing at lea.qt 48 hour, prior to the commencement of re.~umpl:lon of work eac'.h year. [~ proJt-el, de.~tgn ~nodlfleatlon.~ take place after permit l~suanee, the permltlee .hall mil)mit the appropriate plan ehange~ for approval by ~he ~egtonal Permit Administrator prior I:o undertaking any such modt- ffieatlons. Tho p~rmittoe I~ advised ~haf flulm~an~la] modification may require ~uh,,i~ninn of a new applieat ion for permit. All nece.q.~ary precaul, iou.~ .~hall be taken Io preclude contamination of any wel lanr]~ or wat. erway by ~u,pended ~olids, fledlmenh, fuel~, solv~nls, luhricanl~, epoxy coatings, palnl:~, concrete, lea(hate oz any ollmr environnlonlally dnlel.erlotm t, at:erial~ a~eocLated with the pro~e(,L ~ork. II. Any failur~ t¢~ eonlply preei.~ely ~ith all of Lhe ternm EASEMENT AGREEMENT THIS INDENTURE made on the 29th between LBV PROPERTIES, a new York day of April , 1994, partnership, with address at 200 La Bonne Vie Drive, part, and THE INCORPORATED corporation having its office 236 Third Street, Greenport, NY East Patchogue, NY 11772, party of the first VILLAGE OF GREENPORT, a municipal and principal place of business at 11944, party of the second part. have WITNESSETH: WHEREAS, Greenport Development Co. heretofore entered into a Water and the Village of Greenport Supply and Sanitary Sewage Agreement dated March 7, 1986, and Court ordered Stipulations of Settlement dated July 21, 1989, and November 5, 1992, and pursuant to same there has been constructed a water well known as Well No. 9-1, along with three monitoring wells as required by the New York State Department of Environmental Conservation (Permit No. S-76772); a pump house with associated pumping and monitoring equipment and an eight (8) inch water main running from the well and pumping station to the water main of the party of the second part located on State Route 25; and electric line from Long Island Lighting Company to the pumping DIST station; and 1000 WHEREAS, the party of the second part has passed a resolution to SECT accept dedication of the Water Supply System subject to the execution 035'00of acceptable and approved documents; BLOCK NOW, THEREFORE, for and in consideration of the premises and the 01.00 agreement dated March 7, 1986, LOT settlement dated July 21, 1989, )25'O00agreed as follows: and the SO ORDERED stipulations of and November 5, 1992, it is mutually EXHIBIT ~. The party of the first part grants to the party of the second part, its successors and assigns, an easement in perpetuity over the property which is described in Schedule A, for the purposes of: taking and using water for municipal purposes from the existing well (Well No. 9-1) located on the property described in Schedule A, and transmit same through the water mains in said property to the water mains owned by the party of the second part along New York State Route 25; with the additional right to enter upon the property described in Schedule A to repair and maintain the well, water mains leading to and therefrom, operating and maintaining a water supply well and monitoring wells, including but not limited to those shown on attached survey of Haubenreich & McDaniel, Licensed Land and City Surveyors 8406-492S, dated June 18, 1992, with additional information added June 24, 1992, and December 8, 1993, pump station and related equipment, including but not limited to the installation of a permanent granular activated carbon (GAC) filtration system for the removal of herbicides and/or pesticides when required by the Superintendent of Utilities of the Village of Greenport and/or the Suffolk County Health Department as a means of protection of the public water supply system, and whenever necessary for the operation of the water mains of the party of the second part. 2. The party of the first part grants to water system to other the party of the second part, its successors and assigns, an easement in perpetuity to use the property described in Schedule B for the purposes of maintaining the electrical service line to the pump house and water Well No. 9-1. part, 3. The party of the first part grants to the party of the second if, as and when LBV Properties, its successors or assigns, constructs and completes a sanitary sewage system in accordance with the provisions of the Water Supply and Sewage Agreement dated March 7, 1986, the right to maintain a sanitary sewage line, all necessary laterals thereto, and sanitary lift station on and over the premises described in Schedule B, together with the right of ingress and egress over and across such property, inso far as such ingress and egress is necessary to repair and maintain the sewer line and sanitary lift station. 4. part an The party of the first part grants to the party of the second easement in perpetuity for ingress and egress over the property described in Schedule C for the purpose of gaining vehicular access to water wells and pumping station located on the premises described in Schedule A. Until such time as the roadway known as "Rodeo Drive" is constructed, the party of the first part grants to the party of the second part a temporary easement for the purpose of ingress and egress to the property described in Schedule A over the dirt road indicated on the survey attached hereto as Schedule D, crossing portions of the premises described in Schedule A. Upon the construction of the roadway known as "Rodeo Drive," in accordance with Town of Southold highway specifications approved by the Southold Town Engineer of Highways, as shown on the survey annexed as Schedule D, the party of the first part grants to the party of the second part an easement in perpetuity for ingress and egress by vehicle and by foot, over said constructed roadway known as "Rodeo Drive" to and from the lands described in Schedule C annexed hereto, at which time the temporary easement herein granted over the dirt road hereinabove described shall be extinguished. 5. Said easements and rights-of-way are not exclusive; no other poles, cables or lines are to be set within seven either side of any water main laid within the easement area. 6. The party of the second part shall guard adequately excavations made pursuant to this grant and shall save harmless however, feet of all and indemnify the party of the first part from any injury to its property, its employees or the public which may at any time occur or arise out of negligent installation, operation, maintenance or removal of facilities pursuant to this agreement. 7. The parties agree not to erect or maintain within the easement area any building, structure, or physical obstruction, of any kind or nature whatsoever or permit the same to be so erected and maintained, except such as described in paragraph #1 hereinabove, and such other improvements as related to the pumping of water or maintaining the proposed sanitary lift station, and repair of electric lines which serve the pump station, Well No. 9-1 and the sanitary lift station to be built. 8. A survey showing the location of the easements, Water Well No. 9-1, existing monitoring wells, pump station, electric line and proposed sanitary lift station, prepared by Haubenreich & McDaniel, Licensed Land & City Surveyors 8406-492S, dated June 18, 1992, with additional information added June 24, 1992, and December 8, 1993, is attached hereto and made a part hereof as Schedule D. 9. The party of the first part,its successors and assigns, shall give written notification by certified mail,return receipt requested,to the party of thesecond part,at least ten(10) days prior to the party of the first part,its successors and assigns placing any fill or dumping any material on said property and in particular in the area of said property previously excavated,and the party of the second part shall be given the opportunity to inspect any fill or material to be placed upon or in the excavated area. 10. The premises affected by this Easement Agreement is described in a deed to LBV Properties from Terrance P. Buckley,Esq.,as Referee, dated November 19,1992,and recorded November 30,1992,in Liber 11580 cp 329. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. the property LBV PROPERTIES By: Arnold Wolowitz,General Partner INCORPORATED VILLAGE OF GREENPORT By: David Kapell, Mayor STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of , 1994, before me personally came ARNOLD WOLOWITZ, to me known to be the individual 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 LB¥ PROPERTIES, a partnership, and that he executed the foregoing instrument in the firm name of LBV PROPERTIES and that he had authority to sign the same, and acknowledged that he executed the same as the act and deed of said firm. Notary Public STATE OF NEW YORK) )SS: COUMTY O~ SUFFOLK) On the day of , 1994, before me personally came DAVID KAPELL, to me known, who, being by me duly sworn, did depose and say that he resides at 143 Sixth Street, Greenport, New York; that he is the Mayor of the INCORPORATED VILLAGE OF GREENPORT, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal so affixed to said instrument is such corporate seal; that it was so affixed by order the board of trustees of said corporation, and that he signed his name thereto by like order. Notary Public DESCRIPTION OF PERMANENT UTILITY EASEMENT All Ihat certain piece or parcel of land siluate, lying and being at Greenpod, Town of Soulhold, County of Suffolk, Slate of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of NYS Rle. 25, Iocaled 1228.25 feel wesleriy, as measured along the northerly side gl~ NYS Rte. 25, from the point of Intersection of Ihe northerly line of NYS Rte_ 25 wilh Ihe common line belween the Land Now of Islands End Golf and Counlry Club, Formerly of H. Dwight Ripley, and lite Land Now or Fo~nerly of Greenport Developmenl Co. Running thence from this point or beginning South 66 degrees 38 mlnules 40 seconds Wesl along the northerly side of NYS Rte. 25.20.00 I'eel; Ihence North 23 degrees 23 minutes 20 seconds West, 592.50 I'eel; thence North 66 degrees 36 minutes 40 seconds East, 287.67 feel; Ihenco North 01 degree 36 minules 40 seconds East, 154.19 feel to a point on a curve; thence westerly and northerly along a cur~e bearing to Ihe right having a radius of 200.00 feet for the arc lenglh or 307.36 leer, with a chord bearing and dislance gl' North 25 degrees 00 minules 55 seconds West, 278.00 feet; thence North 68 degrees 22 minutes 38 seconds West, 560.19 I'eet; Ihence North 21 degrees 37 minutes 24 seconds East 30.00 I'eel; thence Soulh 68 degrees 22 minutes 36 seconds East, 561.08 I'eet Io a point on a curve; thence northerly, easterly, soulheriy and westerly along a cunve bearing Io the right having a radius of 200.00 feet for the arc length of 888.16 feel, with a chord bearing and dlslance of Soulh 25 degrees 0g minutes 47 seconds East, 318.53 reel; Ihence Soulh 01 degree 36 mlnules 40 seconds West, 165.33 feet; {hence South 66 degrees 36 mlnules 40 seconds West, 286.78 feel; thence South 23 degrees 2~ minutes 20 seconds East, 562.50 feet Io Ihe northerly side of NYS Rte. 25 and the point or place of BEGINNING. SCHEDULE A DESCRIPTION OF 30 FOOT WIDE PERMANENT UTIILITY EASEMENT All that certain piece or parcel of land siluale, lying and being al Greenport, Town o1' Southold, Counly of Suffolk, Slate al' New York, being bounded and described as I'ollows: BEGINNING al a polnl on Ihe northerly side al NYS Rte. 25, Iocaled 810.76 feel weslerly, as measured along Ihe northerly side o1' NYS Rte. 25, from Ihe poinl at inlerSectlon at Ihe northerly line o1' NYS Rte. 25 wilh Ihe common line belween Ihe Land Now al Islands End Gall' and Country Club, Formerly o1' H. Dwigh! Ripley, and Ihe Land Now or Formerly o1' Greenport Developmenl Co. Running Ihence tram this poinl at beginning Soulh 65 degrees 23 minules 50 seconds Wes! along Ihe northerly side o1' NYS Rle. 25, 30.13 leal; thence North 19 degrees 16 minules 00 seconds Wesl, 678_89 teat Ia a polnl on a curve; Ihence easlarly along a curve bearing Io Ihe le~l having a radius at 200.00 feel tar Ihe arc lenglh al 30.13 teal, wilh a chord bearing and dislance o1' North 75 degrees 29 minules 39 seconds Easl, 30.10 tee!; Ihence Soulh 19 degrees 16 mlnules O0 seconds East, 671.59 feet Io the northerly line al' NYS Rle_ 25 and lhe point or place al BEGINNING. SCHEDULE DESCRIPTION OF 15 FOOT WIDE PERMANENT ACCESS EASEMENT All l,ha( certain piece or parcel o1' land sJlual,e, lying and being al Greenport, Town o1' Soul~hold, County o1' Sul't'olk, Slate o1' New York, being bounded and described as follows: BEGINNING al a point on the wesl,erty side of Ihe proposed Rodeo Drive, located by running Ihe tollowing five (5) courses and dislances from a poinl, lying in the northerly lice of NYS Rle. 25 al ils inlersection wilh the common property line belween Ihe Land Now of Islands End Goll' and Counlp/Club, Formedy o1' H. Dwight Ripley. and Ihe Land Now or Forroedy o1' Greenporl Developmenl, Co.: 1) Soulh 66 degrees 01 minutes 20 seconds West, 400.20 feel along Ihe northeHy line ol~ NYS Rle. 25 to a poinl o! curval,ure; the next four (4) courses and dislances are along Ihe westerly side of said proposed Rodeo Drive, 2) Easterly and Northerly along a curve bearing to the leR having a radius of 30.00 feet I'or the arc length o1' 44.33 I'eel, Io a point or' tangency; 3) North 18 degrees 36 minutes 42 seconds West, 277.34 feel. to a poinl of curval,ure; 4) Northerly along a cur~e bearing Io Ihe let1. having a radius of 210.00 I'eel for the arc length ol' 97.13 feet to a point of' langency; 5) North 45 degrees 08 minules 42 seconds Wesl, 144.00 feet Io a point ot curval,ure and Ihe poinl ot beginning for l,he parcel herein being descdbed. Running thence from this poinl of beginning, South 67 degrees 24 minules 24 seconds Wesl, 54.35 feet; thence Soulh 80 degrees 35 mlnul,es 39 seconds Wesl, 57.74 fee[; thence North 86 degrees 12 minutes 50 seconds West, 72.00 feel; Ihence Norlh 6g degrees 18 minules 05 seconds West, 75.69 feel; thence North 58 degrees 22 minutes 10 seconds Wesl, 57.00 ('eel Io a poinl on a curve; thence Norlheaslerly along a curve bearing Io the leR having a radius o1' 200.00 feet for Ihe arc length ol' 15.22 feel, wilh a chord beadng and distance of North 41 degrees 14 mlnules 28 seconds East, 15.21 I'eel; Ihence Soul,h 58 degrees 22 minutes 10 seconds East, 53.02 feet; thence South 69 degrees 18 minutes 05 seconds East, 72.03 feet; Ihence South 86 degrees 12 rninules 50 seconds East 68.04 feet; l,hence North 80 degrees 35 minutes 39 seconds East, 54.27 I~eel; Ihence North 67 degrees 24 mlnul,es 24 seocnds Easl, 46.76 I'eel, to a point on a curve In the westerly side of proposed Rodeo Drive; Ihence Soulherly, along said weslerly side, along a curve bearing to the lei( having a radius of 383.7g feel, for Ihe arc lenglh of 16.11 feet, wilh a chord bearing and dislance ol' Soulh 43 degrees 56 mJnules 34 seconds East, 18.11 (eel to l,he poinl or place of BEGINNING. SCHEDULE EXHIBIT 23 DEDICATION KNOW ALL MEN BY THESE PRESENTS, that LBV PROPERTIES, a New York partnership, with address at 200 La Bonne Vie Drive, East Patchogue, NY 11772, party of the first pact, and the INCORPORATED VILLAGE OF GREENPORT, a municipal corporation having .its office and principal place of busisess at 236 Third Street, Greenport, NY 11944, party of the second part, have bargained and sold, and by these presents does grant, dedicate, release and convey unto the said party of the second part, its successors and assigns, Well No. 9, pump station, area fencing, and all related equipment as specified in: (1) Specifications for "Plant No. 9 Well No. 9-1 - Breckaock Hall, Contract No. 1 - Mechanical ~o~k, Building and General Construction - Project No. GNPT 89-09" dated January 1990 as prepared by H2M Group, Holzmacher McLendon & Murrell, P.C., together with Contract Drawings consisting of 9 sheets: and (2) Specifications for "Plant No. 9 - Well No. 9-1 Brecknock Hall, Contract No. 2 - Electrical Work - Project No. GNPT 89-09" dated January 1990 as prepared by H2M Group, Holzmacher McLendon & Murrell, P.C., together with Contract Drawings consisting of 9 sheets, and together with the water mains as ~IST delineated and set forth on the survey of Haubenreich & McDa,iel, 1000 Licensed Land and City Surveyors, 8406-492-S, dated June 18, 1992, and SECT D35.00 ~LOCK 31.00 additional information added June 24, annexed hereto and made a part hereof; the party of the first part at N.Y.S. 1992, and Decembe~ 8, 1993, all as located on premises of Route 25, Greenport, Town of LOT ~25.000 part, part Southold, Suffolk County, New York,described in Liber 115~0 cp 329Deeds. TO HAVE AND TO HOLD the same unto the said pa~ty of the second its successors and assigns forever. And the party of the first does covenant and agree to and with said party of the second EXHIBIT part, to WARRANT AND sold unto the said assigns, against all IN WITNESS WHEREOF, the party of this dedication on the 29th day of DEFEND the sale of said goods and chattels hereby party of the second part, its successors and and every person and persons whomever. the first part has duly executed April , 1994. LBV PROPERTIES By: Arnold wolowitz, General Partner STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of , 1994, before me personally came ARNOLD WOLOWITZ, to me known to be the individual 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 5B¥ PROPERTIES, a partnership, and that he executed the foregoing instrument in the firm name of LB¥ PROPERTIES and that he had authority to sign the same, and acknowledged that he executed the same as the act and deed of said firm. Notary Public ~oo~ 0 0 C~ Z 0 1-4738-00174/00001-0 PERMIT Under Ihe [nvironmenlal January 21, 1992 January 31, 1997 Arlicle 15. Tille 5: ~ Article 17, Tilles ?, 6: ~ Arlicle 2?, title 9: 6NYCRR 3?3: Proteclion ol Waler L ] SPDES L I Hazardous Wasle Managernenl Arlicle 15, Title 15: ~1 Waler Supply Arlicle ,5. Tille 15: ~] Waler Transport Arlicle 15, TiUe 15: ~ Long Island Wells I x I Article 15, Title 27: r~ Wild. Scenic and Recrealional I I Rivers ~ 6NYCRR 608: Waler Oualily Certification rFR~U~ ISSUrP ~(, The Wolowitz Organization 100 Great Neck Rd,, Great Neck, NY Thomas Filazzol a ArlJcle 19' Air Pollution Conlrol Arlicle 23, Tille 2Z: Mined Land fleclamalion Article 24: Freshwaler Wetlands Article 25: Tidal Wellands Article 27, Title 7; 6NYCRR 360: Solid Wasle Managemenl Article 34: Coastal Erosion Managemenl Arlicle 36: Floodplain Managemenl F~ Articles1.3, 17, 19,27,37; 6NYCRR 380: Radiation Conirol ~ Other: 11021 1516,593-8160 West of Island End Golf & Country Club, north of State Rte 25 COUN ['r I O'w N,mX',~,~ ~,~ I W,\ I F RCOUl4 S[,WIF rL ~,NI) NO I N',TM COORDINATE] Suffolk Southold ~ N~ Clearing and filling within 100' of the Freshwater Wetlands to be no closer than 50' from the wetlands edge, except at a 20' wide section where excavation and installation of an overflow discharge pipe will be made to the wetlands edge. All work to be in accordance with attached plans stamped approved by NYSDEC (pp. 2 and 3 of 25). NOTE:The above approved work is associated with other activities (road and building construction) which do not need a permit since these activities are located greater than 100 feet from the wetlands. By acceptance of this permit, the permiltee agrees that the permit is contingent upon strict compliance with Ihe ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special ConditiQns included as part of this permit. Deputy Reglona/ David DeR~dder January~ 1992 Page 1 ot 5 GENERAL CONDITIONS Inspections 1. The permitted site or tacility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized represenIative of the Department of Environmental Conservation (the DepartmenI) to determine whether the permit[aa is complying with Ihis permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permil, including all referenced maps, drawings ~,nd special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation ot Ihis permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope o[ the permitted activity is exceeded or a violation ol any condition ot the permit or provisions ol the ECL and pertinent regulations is lound; b) the permit was obtained by misrepresentation or Iailure to disclose relevant facts; c) new material inlormation is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The parrot[tee must submit a separate written application [o the Department for renewal, modifica- tion or transfer ot this permit. Such application must include any torres, fees or supplemental infor- malion the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renewal application at least.: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Wasle Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. 5. Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditions or requirements contained in such order or determination. Other Legal Obligations of Permlttee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili- ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnily and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights or others in order to perform the permitted work nor does it authorize the impair- ment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and righfs- of-way.tha!..m_~y.~e required for this project. Page 2 of 5 __ Such approved plans were prepared by ~S~.~l Hymarl last revised on 8/14/91 SPECIAL CONDITIONS The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. The permittee, or authorized representative, shall complete and return the top portion of the enclosed form notifying the Bureau of Environmental Protection of project commencement. Upon completion of the permt'~ted- project, complete and re- turn the bottom portion of the form, along with photos, notifying the Bureau of Environmental Protection of project completion. Markers used by this Department to delineate/define the boundary of the wetland or the extent of the permitted structures shall be left in place and shall remain un- disturbed for 1 year following completion of the permitted project. Any work, disturbance, and/or storage of construction equipment and materials shall be confined to within the "limit of clearing and disturbance" shown on the approved plan and/or to upland(non-wetland) ~reas more than 100 feet ~andward of the wetland boundary. A snow fence or other temporary, project-limiting fence shall be erected prior to the commencement of any construction activities along the "Limit of Clearing and Disturbance" in order to prevent the inadvertent intrusion of equipment into the protected area. The fence shall be maintained until project completion. 1-4738-00174/00001-0 Page 3 of 5 SPECIAL CONDITIONS For Article 24 ( Freshwater Wetlands ) 10, 11, Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end along the base of the snow fence (or other temp- orary, project-limiting fence) on the upslope or project side of the fence; The bales shall be maintained in place until all disturbed areas are permanently vegetated. Trapped sediments shall be removed to an approved upland site before the bales themselves are removed. Any debris, excess construction materials, or excess excavated materials shall be immediately and completely disposed of on an approved upland site more than 100 fee( landward of any regulated wetland or waterbody. The materials in question shall be suitably stabilized so that they cannot re-enter any regulated water body, wetland, or wetland adjacent area. All fill shall consist of soil, sand and/or gravel that is free of the following substances: ashphalt, §lag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree debris, metal objects. Introduction of materials toxic to aquatic life is expressly prohibited. During the bank sloping operation soil shall not be placed in, graded toward, or allowed to enter the wetland or the area on the wetland side of the "Limit of Clearing and disturbance." All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two days of final grading, or by the expiration of the permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed as soon as weather con- ditions favor germination and growth. Sod is also acceptable. The permittee shall incorporate the following language as a notice covenant to the deed: "Regulated freshwater wetlands are located in the north central portion of the condo- minium complex known as "Breakers at Lands End" on the properties of the Wolowitz Organization and their heirs, assings or successors. This property is subject to the provisions of ECL Article 24, and the conduct of regulated activities may occur only pursuant to ECL article 24 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC). Regulated activities include, but are not limited to, clearing of vegetation; application of chemicals; excavation; grading and filling; and erection of any structure(s)." This deed covenant shall be recorded within 90 days of the issuance of this permit with the Clerk of Suffolk County. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be sent within one calendar year of the issuance of this permit to: NYSDEC, Regional Manager BEP, SUNY Bldg 40, Stony Brook, New York 11790-2356. 1-4738-00174/00001-0 Page 4 of 5 SUPPLEMENTABY SPECIAL CONDITIONS The following conditions apply to all permits: If any of the permit conditions are unclear,the permittee sha].l con- tact the Division of Regulatory Affairs at the address and telephone noted below· A copy of this permit wit]] supplementary conditions and approved plans shall be available at the project site whenever authorized work is in progress· The permit sign enclosed wiLl] tile permit or a copy of letter of approval shall be protected from the weather and posted in a con- spicuous location at the work site until completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within oue week of completion of the permitted work, the bottom portion of that form shall also be com- pleted and returned. For projects involving activities more than one year, the permittee Admiuistrator in writing at least of resumption of work each year. to be accomplished over a period of shall notify the Regional Permit 48 hours prior to the commencemeut If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. Ail necessary preqautions shall be takeu to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work· II. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized I]erein. The granting of this per{nit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. Page~-'-of~'- Regioual Permit Administrator NYS Dept. of Environmental Conservatiou Bldg. 40, SUNY-Room 219 Stony Brook, NY 11790-2356 (516) 751-/3~ EXHIBIT 21 DECLARATION OF COVENANTS AND RESTRICTIONS 1000 Dist. 035.00 Sec. 01.00 Blk. 025.000 Lot DECLARATION made this /~day o~ February, 1992, by GREENPORT DEVELOFMENT CO., a New York State partnership with offices at 100 Great Neck Road, Great Neck, New YorK, hereinafter called the Owne r. WHEREAS, and being at the Owner has Greenport, in title to certain lands situate, lying the Town of Southold, County of Suffolk and State of New York, said lands hereinafter being more particularly described in Schedule A attached hereto; and WHEREAS, the Owner has applied to the New York State Department of Environmental Conservation for a freshwater wetlands permit pursuant to Article 24 of the New York State Enviro~n~al Conservation [,aw; and WHEREAS, a permit has been issued by the New York State Department of Environmental Conservation (D.E.C. Permit No. 1-4738-00174/00001-0) following covenant: on January 21, 1992 which requires the "Regulated freshwater wetlands are located in the north central portion of the condominium complex known as "Breakers at Lands End" on the properties of the Wolowitz Organization and their heirs, assigns or successors. This property is subject to the provisions of ECL Article 24, and the conduct of regulated activities may occur only pursuant to ECL Article 24 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC). Regulated activities include, but are not limited to, clearing of vegetation; application of chemicals; excavation; grading and filling; and erection of any structure(s)." The Owner does hereby further warrant, covenant and represent that the foregoing restriction and agreement shall bind the undersigned, its heirs, successors and assigns, and any 'and all person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Owner has caused its hand and seal to be affixed this /~' day of February, 1992. GREENPORT DEVELOPMENT CO. STATE OF ~,..,~ : ss. COUNTY OF ~ : On this/~~ day of February, 1992, before me personally came GOLDIE WOLOWITZ, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that she is a member of the firm of GREENPORT DEVELOPMENT CO., a co-partnership, and that she executed the foregoing instru- ment in the firm name of GREENPORT DEVELOPMENT CO., and that she had authority to sign the same, and she acknowledged to me that she executed the same as the act and deed of said firm for the uses and purposes therein mentioned. Notary Public--- -2- SCHEDULE A ALL that certain plot, piece o~ parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a granite monument south]east on the northerly line of the North Road at the southwesterly corner of land now or formerly of H. Dwight RiDley, being th~ southeasterly corner of the premises herein described; running thence along said northerly line of North Road South 66° 01' 20" West 634.76 feet to land now or formerly of Schofield and Mclntosh; thence along said land now or formerly of Schofield and McIntosh four courses and distances: (1) North 11° 31' 10" West 210.00 feet; thence (2) North 19° 16' 00" West 344.00 feet; thence (3) South 65° 47' lO" West 213.37 feet; thence (4) South 19° 16' 00" East 550.14 feet to said northerly line of North Road; thence along said northerly line of North Road two courses and distances: (1) South 65° 23' 50" West 285.49 feet; thence (2) South 66° 36' 40" West 589.52 feet to land now or formerly of Time Structures Inc.; thence along said land now or formerly of Time Structures Inc. fou~ courses and distances: (1) North 41° 39' 10" West 1084.54 feet; thence (2) North 65: 07' 50" East 376.40 feet; thence (3) North 32° 28' 10" West 982.87 feet; thence (4) North 32: 57' 20" West 410 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: (1) North 44° 12' 40" East 564 feet; thence (2) North 25: 16' 40" East 398.12 feet; thence (3) North 58° 57' 20" East 601.09 feet; thence (4) North 42° 36' 50" East 169.85 feet; (5) North 57° 59' 40" East 188.68 feet; (5) North 41° 51' 20" East 322.22 feet; (7) North 31° 15' 10" East 483.72 feet to land now or formerly of F.F. King, Jr.; thence along said land now or formerly of F.F. King, Jr. 14 courses and distances: (1) South 30° 10' 40" East 910 feet; thence (2) South 31° 03' 40" East 300.01 feet; thence (3) South 28° 19' 30" East 89.61 feet; thence (4) South 13° 46' 30" East 33.68 feet; thence (5) South 27° 56' 50" West 65.47 feet; thence (6) South 0° 19' 40" East 179.94 feet; thence (7) South 1: 34' 00" East 300.20 feet; thence (8) South 3° 40' 00" East 100 feet; thence (9) South 0: 04' 20" West 172.71 feet; thence (10) South 5° 18' 40" East 100.93 feet; thence (11) South 0: 39' 30" East 100.15 feet; thence (12) South 1° 45' 00" East 434.17 feet; thence (13) South 7° 02' 00" East 40.19 feet; thence (14) South 76° 49' 10" West 155.11 feet; thence along said land now or formerly of King and along said land now or formelry of Ripley, South 24" 34' 30" East 805 feet to the point or place of BEGINNING. 1142~r~2Ol ~0 H i-z-j 0 EXHIBIT 22 To: Southold To~ ~!osr~ VEo~:: ·. [~. ~lynn Re: Remarks Concerm]ng Froposed Eezon]n~ I~ rate: ,Tune 2~, 1994 Parcels at Creenport Tmasmuch as the public hearings this evening involve the proposed rezoning of six parcels, my remarks, although applicable to this parcel, must also be broader in scope. Since the board, in re~ulatinK zoning, must consider the future of the town and ±he welfare of all its residents, logical, rational zoning decisions cannot be made without consideration of the concentrated and cumulative effects of the present HI -zoning on the welfare smd future character of the greater Greenport area. The toy.hq board is well aware of it, but for the record and for / those in the audience who may not be aware, all royals in New York State must, reeuirement and in the New York in Sections 261, by law, have a comprehensive plan. This the precepts for its formulation are incorporated State Enabling Act for Town Zoning and recited 262, 263 and 26~ of Town Law. Section 261 empowers the town board to regulate and restrict zonine for the general welfare of the community. Section 262 permits the town board to divide the town into districts best suited to carry out the purposes of the act. ~tion 263 states regulations must be in accordance with a comprehensive plan.which promotes the general welfare. Such regulations shall be made considering the characteristics of the district and its peculiar suitability for particular uses. Section 265 permits the town board to amend and repeal zoning by ordinance. Case law provides ample precedents that zoning decisions are not to be made on a piecemeal, or lot-by-lot, basis. Further, zoning is to be based on appropriate land usage, not on ownership or occupancy. Based on the above considerations, it is obviously the duty of the board to arrive at zoning decisions on an objective basis, absent any emotional or political considerations, C'he present H! zoning of most of these parcels represents a carrying over of similar uses permitted by the previous zoning. A particularly egregious exception was the rezoning of the ,Tams Commons parcel by the previous administration in F. ecember of 199) as a derisive partin~ shot at the incoming board. !IJth the exception of the Jams Commons parcel, the others were rezoned, upon the owners' applications, from'one-family residential use to more intensive uses, notably multi-family. These rezonings took place over the period 1998 - 1983. It is obvious that there % a a comprehensive plan for the ares, but that these rezonings took place on a piecemeal,lo-by-lot basis and for the benefit of individual mmers. The present }~ zonings, as a continuation of theses precedents, is the very antitheses of planned zoning. The present zoning pattern in the West Greenport area is the result of a form of internecine warfare conducted against the greater Greenport ares by previous town administrations. The town pursued a pattern of locating every type of intensive use, unwanted elsewhere, on the perimeter of the Village of Greenport. The bias of the town against the village is further illustrated by the fact that in the case of the hamlets, HD zoning is restricted to radii of from one-quarter to one-half mile from the hamlet centers, in the case of Greenport it is permitted within~ne-half mile of the village's borders. The ~,The result is to permit construction one and one-half miles from the village center and far beyond reasonable walking distance. (2) All of this clearly violates the hamlet concept on which the ~@ster Plan is based. Ostensibly, but speciously, the previous boards justified their zonin~ decisions based upon the purported availability of potable water and sanitary sewer capacity.Obviously, no consid- eration was given to the fact that the development of these parcels would overwhelm the village's capacity to provide such services, let alone to also serve the strip - zoned commercial and industrial zoning lining both sides of 51ain Road in the area. S~ch intensive development would also place additional demands on the East-West Fire District and the Police Department and require additional capital expenditure for infrastructure. Greenport's school taxes are already the highest in the tovm; for example, they are over twice those in the abuttinu East ~arion-Crient School District. The prospect of increased school taxes would prove disastrous to the already overburdened Greenport district. Analysis of available data results in some shocking conclusions as to the malignant effects of the current HD zoning on the future of the greater Greenport area and gives the lie to any pretense of the e~uitable distribution of hamlet zoning. The total HP zoning in Southold is approximately 356 acres. Southold has ten hamlets and one incorporated village. West Greenport fits neither description, yet an incredible 81% of ~all of Southold's HD zoning is located there. Southold has approzimately 315 acres of vacant HD zoning of which 269 acres, or 85~, is in the unincorporated area at Greenport. Basing yield projections upon the Zoning Code and prior approvals by the Planning Board, development of the vacant HD parcels in t~e Greenport area,alone,,would produce approximately ??0 dwelling units. Calculated on a conservative average occupancy of three persons per unit. the increase in the area's population would be 2310 persons. The impact of such an aggregate increase in population can best be visualized by comparison with 1990 population statistics. The estimated population of West Greenport was 1614 and that of the incorporated village 2070. The increase in West Greenport's population would be 1~]~, or approximately two and one-half times. The projected increase in population would also be the equivalent of more than doubling the then poDul@tion of the Incorporated ~']llage of Oreenport. ~esp~te the Piaster Flan's purported adoption of hamlet zoning, and despite the aforementioned fact that the Tow~ of Southold encompasses 10 hamlets and an incorporated villawe, this ineauitable distribution of hamlet zonin~ results in some 30~, or approximately one-third, of the town's future population being concentrated in the Greenport area.. Has this board ~iven any consideration to the effect this localized densifica%ion of population in an area already having a surfeit of affordable sale and rental properties would have on real estate values in the area? It is generally accepted that residences occupied on a year-round basis demand more in the way of services than the real estate tax revenues they generate will support. This gives rise to a discussion of school taxes. The school taxes in the Greenport School District hsve reached critical proportions and have already had a depressing effect on real estate values in the area. The development of these }ID parcels in the Greenport area would result in a population increase of approximately 63~. The present (4) Greenport school enrollment is 570. J proposrtionate increase in students would result in an enrollment of 930 students, or an increse of 360 students. However, it must be factored in that the present population of the school district is of a relatively mature age. If, as might reasonably be expected, the o~ers or tenants of these Hr parcels were of a younger age bracket, the school enrollment could well double in size. I question whether the previous boards, responsible for this unwarranted population density, ever considered the probable effects on the school district. It is mp; understanding that @ previous poll of the board indicated four members favoring the rezoninq of these parcels, one member adamantly and obdurately opposed, and one member indicating at least a partial ambivalence toward the proposed rezonings by endorsing the rezoning of 63 acres of the total. submit this would have a minor, even miniscule impact of the zonings on the Greenport area. The overall effects would be: Of the then total 293 acres of HD zoning in the town 229 acres, or 76.4, would be concentrated at Creenport. 82% of the total remaining RD acreage in Southold would still / be in the Creenport area. The projected number of dwelling units would be reduced to 662. The projected population increse would be reduced to 1986, or a decrease of 144. However, ~his would still represent an increase of one and one-quarter times the 1990 population of West Greenport and would be the equivalent of almost twice the village's 1990 population. In closing, I would urge the two members of the board to reconsider their expressed opposistion to the rezonings in light of the (5) foreKoing analysis. Either of you can prevent the devastating impact ~f the continuation of the present zoning will have on the future of Greenport area and the welfare of its residents. The decision - snd the responsibility - rest with you. (6) TOWN BOARD : TOWN OF SOUTHOLD In the Matter of the Proposed Change of Zone of Certain Real Property of LBV PROP£RTIES located on ~he .north side of Route 25, Greenport / RECEI)/ED/ Sou/hold Town PROTEST PURSUANT TO SECTION 265 OF THE TO~N LAW HONORABLE MEMBERS OF THE BOAR.D: The undersigned, pursuant to Section 265 of che Town Law, hereby protests the proposedI change of zone from Hamlet Dens~¥ (HD) Residential District to;. Law Density Residential R-80 District of property of L~V PROPERTIES, located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, New York. Attached hereto as Exhibit "A" is a tr~e copy of the Notice of Hearing for the proposed change of zone. The undersigned is the owner of more than twenty (20%) percent of the land included in such proposed change. WHEREFORe, the undersigned states that pursuant to Section 265 of the Town Law, the proposed amendment (change) not be effective unless adopted by a favorable vote of at least three- fourths of the members of =he Town Board. LEGA3_ NOTICE NOTICE Oi: Hi~AING ON PROPOSAL TO AMEND ZONING CODE AND MAP P~rr, IJ~Jlt to S~ction 265 Of the T~wn ~w, ~nd ~uirwnt~ ~ of the Town o~ ~d, ~f~lk ~n~, New York, ~ ~M~ will ~ he~ by ~e T~n ~:.of ~ T~n ~f ~u~old, .t the Town Hell, ~in bi, ~u~ld~ Nil York, et l:1~ P.M., TW. ~, 1l~, ~ ~e GM~ of ~ on ~ T~n B~rd'l Own ~ HamJ~ ~Mty (HD) Dlstrl~ ~ ~ ~W ~sl~fltial R-10 Diltr~ on ~e p~perty of ~V ~, ~ ~ ~e n~h s~e of ~ 25, 1139 f~t north~si of ~M. ~, G~t, ~w York. ~n~ini~ I~.~ ~rM, Suf~lk C~nty Tix ~p ~. A~ pe~on d~lri~ ~ be. M~ ~ the p~ a~Wt spear a~ ~ tim end p~ B~ ~ sp~l~. The legal deBcript~ of t~ mfo~Mld p~ty is is follows: B~lnn~ at · ~nt ~ the no~rly Ii~ of ~ln ~d (al~ ~own u Ho~. ~w~t~sy ~r of the p~lM herein d~J~, ~d ~m 21~0.15 bt MJhrly f~m ~ ustirJy li~ of ~und Md; ru~l~ u~ 8Bid Iond ~ ~ofl~d 8~ ~(n~h twQ ~Ur~S: (1) N.II°31'1D'W-- 2~O.O f~5; the~ (2) N.lgOIG'00iW.-34~,O f~t; the~ ~ntlnul~ su~d ~ BoG 810~ G~r b~ of LeV PrM~I~ S.GS~7~10eW,.-~,21 765.20 feet ~ ~nd of J~ ~ ~.; ~ alo~ ~ ~ faur ~en~ (3) N-32=ZS'IS'W.~82.87 fMt;' ~e~ [;J N.32;5~20=W.-~l~.~ to ~ng island ~U~; ~n~ I~ ~ Isla~ S~ sev~ ~r~: N.$8°ST~20"E.-601.09 f~r; TMfl~ (~) N.a2°JG~50PE.-I~9,85 f~; (5) H,57°sg'~o'/,-IB8,6~ fNt~ ~en~ (6) N.~I~51'Z0~E,-322,22 ~n~ (7) N-31e1S'16"E,-Q83,72 (e~ ~ la~ of Island's E~ ~unt~ Club; thon~o along sad land fourtMfl cz]4Jrees: (1) S,30010'40"E.-910.0 feet; t~nce ~) S.31°03~qO'E.-JD0,01 (~t; ~en~ (3) S.2Belg'~E,-BS.G1 ~i; t~n~ (4) S.13~'30UE.-JJ.G6 f~t; ~ [S) S.27°S6'S0"W.-~5.q7 ~t; ~n~ {g) S.3o~'00"E,-10B,0 ~; ~n~ (~) S,0°0~I20aW,-172,TT TNt; t~ (10) S.5a18~g"E,-10O.93j t~ (11] S.0e39~3~G.-100.19 f~t; t~M (12) S.1°qs'0O"E,-43~,17 fret; ~e~e {13] S-?°02'00"E.-*0,I9 fNt; then~ (1~) S.76°qg'I0"W.-TSS,T1 fw; ~n~ ~nTInu]ng ab~ .~ MM and abng le~ of Rip~y S,2~o3~'30"E,~0S,O feet to ~ bin ~ad; tW a~ &in Road S,66°g/'2OeW,-63~,7~ f~t M ~ point of ~inn]~, Oa~: ~y 31, Ieg~. JUDITH T- T~RRY JU~I 28 'g~ 16:17 P.i×B Thc informacton in =Ale celecopy is in~ende~ for the named ~ecip£&nc(a) only. ~= may oonCmin privileged and confidenc£al mat=er. If you have received chic =elccopy in error, plo&se no=ify u~ Smmediacely by a collect celep~on¢ call ~o: (516) 234-858~ ~ reK~ ~ o~ ~o the ~a~ ~u. TELEFAX COVER SHEET TO: Judith T. Tarry, Town C~erk FAX NO: 765-1823 FROM: John P. Bracken DATE: 6/28/94 ~.E: LBV PROPERTIES - Ch&n~e of Zone TIM~: 4:15 PM NUMBER OF PAGES (including cover sheet): ~ Please confirm only if you have nec received all pages by calling: Felicia Thank you. M~SSAGE: DEPARTMENT OF PLANNING CuUNTY Of SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNIN(~ May 10, 1994 Honorable Thomas Wickham, Supervisor Town of Southold Town Hall 53095 Main Road Southold, N. Y. 11971 RE: Hamlet Density Rezonings Dear Supervisor Wickhain: RECFIVED JUN 2 ? 5outhold Town Cler~< In an effort to assist you in the public discourse regarding rezoning of parcels zoned hamlet density to the two acre residential classification, we have prepared yield maps of five of the parcels. I found in my experience as a town planner, that a graphic repre- sentation of development potential is always helpful prior to reaching a conclusion as to whether a rezoning on the town's own motion is reason- able or not. A rezoning need only meet thB test of providing a reason- able return on property development and I think our site studies show that. We have not dealt with natural features on these sites to any great extent. Part of a town's prerogative, if you wish, is to permit yield to be taken on environmentally sensitive areas as an incentive to cluster and preserve these features. New York State Department of Environmental Conservation flags wetland areas in their jurisdiction, which is another resource to determine the scope and extent of environ- mentally sensitive areas. Obviously, clustering is also a means by which net monetary return can be increased by reducing infrastructure, road and site development costs. Again, this is strictly a local prerogative as to how and when to use the clustering techniques. I hope this information will be helpful to you, We have spoken with your planning staff on these and other matters and wiii continue to stay in contact with them. Honorable Thomas Wickham -2- May 10, 1994 Thank you for the opportunity to render this planning assistance. Yours truly, Direct6r SMJ:pd Encls. 2 sets/parcels 1, 3, 4, 5, 8 Robert Gaffney, SC Executive George Gatta, Dpty Cty E×ec/Econ Dev & Planning Donald Eversoll, Chairman SC Planning Commission MEMORANDUM TO: FROM: RE: DATE: RECEIVED ,JUN 2 7 Thomas Wickham, Supervisor Valerie Scopaz, Senior Planner '~ Theoretical Subdivision Yield Maps For Parcels 4, 5 and 8 of the Hamlet Density Report May 9, 1994 On Friday afternoon, I met with the Director of the Suffolk County Planning Department, Stephen Jones, about another matter. He left theoretical subdivision yield maps for three of the six properties that are proposed to be rezoned from Hamlet Density to the R-80 or two acre density. The yield maps should be viewed as the outside number of lots that could be obtained without subtracting for sto~,water, runoff or wetlands or other environmental conditions that might be noted during an environmental quality review which could lower the theoretical yield.. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Rilchie Lalham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 ,June 27, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD .Judith T. Terry, Town Clerk Town Hall Southold, NY 11971 Dear Mrs. Terry: RECEIVI~D SouthoJd Town CIa,ri( qe: Change SCTM # SCTM # SCTM # SCTM # SCTM # SCTM ~ of Zone on Town Board's Own Motion: 1000-40-4-1 J. Geier 1000-35-1-25 - LBV Properties 1000-45-2-10.3 - Richard Mohring (a.k.a. San Simeon Retirement Community Inc.) 1000-45-2-1 - Siolas & Tsunis 1000-35-1-24 - Jem Realty 1000-40-3-1 KACE Realty At its June 24th meeting, the Planning Board adopted the following report: The Planning Board endorses the townspeople's vision for their Town, which calls for individually distinct or discrete hamlets separated from each other by open or farmed CO%Lntryside, and which calls for the equitable distribution of affordable housing density throughout the Town. The Planning Board also recognizes that achieving this vision will require the careful consideration of the land use within and adjacent to its hamlet centers; that the Town's Zoning Map should reflect the intent of the community's vision; and that the Town must weigh the commtmity's interest in its collective future against the private interest of individual property owners in the use of their land. The Planning Board recognizes that the proposed rezoning of these properties will not deny these property owners the right or capacity to develop their land; that the proposed zone of R-80 is the base zoning of the Town and is by no means the most restrictive zoning categorization in Southold. The Planning Board endorses the report: "Review of Hamlet Density Zoning in Southold Town: Report to the Town Board", its recommendation that the zones of these six properties be changed from Hamlet Density to a lower density such as R-80. and Chairman NOTICE OF HEARING ON PHOPOS&L TO AMEND ZONING CODE AND MAP will bc held by Ibc Town Board of Ihs I STATE OF NEW YOL._.J ) SS: i~t)~.~ of Mattltuek, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck. in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy. hu been ly published in said Newspaper once each week for I weeks su~Ccsslvely, ~o.mmencing on the day Nota~/Public, Slate of New No. 5004884 Oualified in Suffolk County ~ / Principal Clerk Sworn to before me this~ LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP Pursuant to Section 265 of the Town Law, and re- quirements of the Code of the Town of Southold, Suffolk County, New York, a public heating will be held by the Town Board of the Town of Sonthold, at the Southold Town Hall, Main Road, Southolfl, New York, at 8:10 P.M., Tuesday, June 28, 1994, on the Change of Zone on the Town Board's Own Motion from '~m~t,p~a~ity {HD) Dislrict to, Low Density Residential R-80 District on the property of LBV Proper- ties, located on the north side of Route 25, 1139 feet nor- theast of Sound Road, Green- port, New York, containing 132,09 acres, Suffolk County Tax Map No, 1000-35-1-25. Any person desiring to be heard on the proposed amend- ment should appear at the ,time and place above so specified. The legal description nf the aforesaid property is as follows: Beginning at a point on the northerly line of Main Road (also known as North Road) at the southeasterly cor- ner of land of Schofield and MeIntosh and the south- westerly corner of the premises herein described, said point being 2190.15 feet easter- ly from the easterly line of Sound Road; runrfing thence along said land of Schofield and Mclntosh two courses: (I) N. 11° 31' 10.' W. 210.0 feet; thence (2) N. 19° 16' 00" W, 344.0 feet; thence continuing along said land and along other land of LBV Properties S, 65°47'10.' W. 544.21 feet; thence continuing along said other land of LBV Properties S. 66°$6'40.' W. 765.20 feet to land of Jem Realty Co. thence alon~ said land four courses: (1) N. 41° 39' 10.' W, 505.36 feet; thence (2) N. 65 ° 07' 50" E. 376.40 feet; thence (3) N 32° 28' 10.' W, 982.87 feet; thence (4) N. 32 ° 57' 20" W. 410.0 feet to Long Island Sound; thence along Long Island Sound seven courses: (1) N 44': 12' 40" E 564.0 feet; thence (2) N. 23° 16' 40" E. 398.12 feet; thence O) N. $8° 37' 20" E. 601.09 feet; thence (4) N. 42° 36' 50" E. 169.85 feet; thence {5) N. 57° 39' 40" E. 188.68 feet; thence (6) N. 41° 51' 20" E. 322.22 feet; thence (7) N. 31° 15' 10" E. 483.72 feet to land of Island's End Country Club; thence along said land fourteen courses: (1) S. 30° 10' 40" E. 910.0 feet; thence (2) S. 31° 03' 40" ~. 300.01 feet; thence (3) S. 28° 19' 30" E. 89.61 feet; thence (4) S. 13° 46' 30" E. 33.68 feet; thence (5) S. 27° 56' $0" W. 65.47 feet; .thence (6) S. 0° 19' 40" E. 179.94 feet; thence (7) S 1° 34' 00" E. 300.20 feet; thence (8) $. 3° 40' 00' E, 100.0 feet; thence (9) S, 0° 04' 20" W. 172.71 feet; thence (10) S. 5° 18' 49" E, 100.93; thence (11) S, 0=39' 30" E. 100,15 feet; thence (12) S, I° 45' 00.' E. 434,17 feet; thence (13) S. 7° 02' 00" E. 40.19. feet; thence 04) S. 76° 49' lO"W, l~$,ll feet; thence continuing along said land and along land of Ripley S. 24 ° 34' 30" E. 805.0 feet to the Main Road; thence along Main Road S. 66° 01' 20" W. 634.76 feet to the point of beginning. Dated: May 31. 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK IX-6/16/94(12) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of the 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 Traveler-Watchman once each week for / .............................. weeks successively, commencing on the ... ~? .~ .... day of .... ~'.'7%%-. ............. 19.,Z... J Sworn to before me on this ..... ~C~.day.. of Notary Public BARBARA k SCHNEIDER NOIARY PUBLIC, Stale of No. 4806845 Qualified in Commission ~pinm! ~:3',/?g 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 on the 9th day of June 1994, 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's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Hearing on Proposal to Amend Zoning Code and Map, 8:10 P.M., Tuesday, June 28, 1994, Southold Town Hall, on the change of zone on the Town Board's own motion from HD to R-80 on the property of LBV Properties. Sworn to before me this 9th day of June Judith T. Terry Southold Town Clerk 1994. tary Public UNDA J. COOPER Notary Public. State of N~w York No. 4822563, Suffolk County,~, Term Expires December 31,19 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP Pursuant to Section 265 of the Town Law, and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:10 P.M., Tuesday, June 28, 1994, on the Change of Zone on the Town Board's Own Motion from Hamlet Density (HO) District to Low Density Residential R-80 District on the property of LBV Properties, located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, New York, containing 132.09 acres, Suffolk County Tax Map No. 1000-35-1-25. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: Beginning at a point on the northerly line of Main Road (also known as North Road) at the southeasterly corner of land of Schofield and Mclntosh and the southwesterly corner of the premises herein described, said point being 2190.15 feet easterly from the easterly line of Sound Road; running thence along said land of Schofield and Mclntosh two courses: (1) N.11°31'10"W.- 210.0 feeS; thence (2) N.19°16'00"W.-344.0 feet; thence continuing along said land and along other land of LBV Properties S.65°47'10"W.-544.21 feet; thence continuing along said other land of LBV Properties S.66°36'40"W.- 765.20 feet to land of Jem Realty Co.; thence along said land four courses: (1) N.41°39'I0"W.-505.36 feet; thence (2) N. 65°07'50"E. -376.40 feet; thence (3) N.32°20'10"W.-982.87 feet; thence (4) N.32°57'20"W.-410.0 feet to Long Island Sound; thence along Long Island Sound seven courses: (1) N.44°12'40"E.-564.0 feet; thence (2) N.25°16'40"E.-398.12 feet; thence (3) N.58°57'20"E.-601.09 feet; thence (4) N.42°36'50"E.-169.85 feet; thence (5) N.57°59'40"E.-188.68 feet; thence (6) N.41°51'20"E.-322.22 feet; thence (7) N.31°15'10"E.-483.72 feet to land of Island's End Country Club; thence along sad land fourteen courses: (1) thence (2) S.31°03'40"E.-300.01 feet; thence (3) thence (4) S.13°46'30"E.-33.68 feet; thence (5) thence (6) S.0°19'40"E.-179.94 feet; thence (7) thence (8) S.3°40'00"E.-100.0 feet; thence (9) thence (10) S.5°18'49"E.-100.93; thence (11) thence (12) S.1°45'00"E.-434.17 feet; thence (13) thence S.30°10'40"E.-910.0 feet; S.28°19'30"E.-89.61 feet; S.27°56'50"W.-65.47 feet; S. 1°34~00"E.-300.20 feet; S.0°04'20"W.-172.71 feet; S.0°39'30"E.-100.15 feet; S.7°02'00"E.-40.19 feet; (14) S.76°49'I0"W.-155.11 feet; thence continuing along said land and along land of Ripley S.24°34'30"E.-805.0 feet to the Main Road; thence along Main Road S.66°01'20"W.-634.76 feet to the point of beginning. Dated: May 31, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - LBV Properties I; PLEASE PUBLISH OF PUBLICATION HALL, P.O. BOX ON JUNE 16, 199q, AND FORWARD ONE (1) AFFIDAVIT TO JUDITH TERRY, SOUTHOLD TOWN CLERK, TOWN 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board LBV Properties LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP Pursuant to Section 265 of the Town Law, and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:10 P.M., Tuesday, June 28, 1994, on the Change of Zone on the Town Board's Own Motion from Hamlet Density (FID) District to Low Density Residential R-80 District on the property of LBV Properties, located on the north side of Route 25, 7139 feet northeast of Sound Road, Greenport, New York, containing 132.09 acres, Suffolk County Tax Map No. 1000-35-1-25. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: Beginning at a point on the northerly line of Main Road (also known as North Road) at the southeasterly corner of land of Schofield and Mclntosh and the southwesterly corner of the premises herein described, said point being 2190.15 feet easterly from the easterly line of Sound Road; running thence along said land of Schofield and Mclntosh two courses: (1) N.11°31'10"W.- 210.0 fee5; thence (2) N.19°16~00"W.-344.0 feet; thence continuing along said land and along other land of LBV Properties S.65°47'10"W.-544.21 feet; thence continuing along said other land of LBV Properties S.66°36'40"W.- 765.20 feet to land of Jem Realty Co.; thence along said land four courses: (I) N. ~11 °39'10"W.-505.36 feet; thence (2) N. 65°07'50"E.-376.40 feet; thence (3) N.32°28'10"W.-982.87 feet; thence (4) N.32°57'20"W.-410.0 feet to Long Island Sound; thence along Long Island Sound seven courses: (1) N.44°12'40"E.-564.0 feet; thence (2) N.25°16'40"E.-398.12 feet; thence (3) N.58°57'20"E.-601.09 feet; thence (4) N.42°36'50"E.-169.85 feet; thence (5) N. 57°59'40"E.-188.68 feet; thence [6) N.41°51'20"E.-322.22 feet; (7) N.31°15'10"E.-483.72 feet to land of Island's End Country Club; thence thence thence thence thence thence thence thence thence along sad land fourteen courses: (1) (2) S.31°03'40"E.-300.01 feet; thence (3) (4) S.13°46'30"E.-33.68 feet; thence (5) (6) S.0°19'40"E.-179.94 feet; thence (7) (8) S.3°40'00"E.-100.0 feet; thence (9) (10) S.5°18'49"E.-100.93; thence (11) (12) (14) S.30°10~40"E.-910.0 feet; S.28°19~30"E.-89.61 feet; S.27°56'50"W.-65.47 feet; S. I°34'00"E,-300.20 feet; 5.0~04~20"W,-172.71 feet; S.0~39'30"E.-100.15 feet; feet; S.1°45'00"E.-434.17 feet; thence (13) S.7°02'00"E.-40.19 S.76°49'10"W.-155.11 feet; thence continuing along said land and along land of Ripley S.24°34'30"E.-805.0 feet to the Main Road; thence along Main Road S.66~01'20"W.-634.76 feet to the point of beginning. Dated: May 31, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - LB~, Properties PLEASE PUBLISH ON JUNE 16, 199q, AND FORWARD ONE (1) AFFIDAVIT OF pUEILICATION TO JUDITH TERRY, SOUTHOLD TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971, Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board LBV Properties NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP Pursuant to Section 265 of the Town Law, and requirements of the Code of the Town of Southold, Suffolk County, New York, a public I~earing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at I1:I0 P.M., Tuesday, June 28, 1994, on the Change of Zone on the Town Board's Own Motion from Hamlet Density (HD) District to Low Density Residential R-80 District on the property of LBV Properties, located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, New York, containing 132.09 acres, Suffolk County Tax Map No. 1000-35-1-25. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: Beginning at a point on the northerly line of Main Road (also known as North Road) at the southeasterly corner of land of Schofield and Mclntosh and the southwesterly corner of the premises herein described, said point being 2190.15 feet easterly from the easterly line of Sound Road; running thence along said land of Schofield and Mclntosh two courses: (1) N.11°31'10"W.- 210.0 fee5; thence (2) N.19°16'00"W.-344.0 feet; thence continuing along said land and along other land of LBV Properties S.65°47'10"W.-544.21 feet; thence continuing along said other land of LBV Properties S.66°36'40"W.- 765.20 feel to land of Jem Realty Co.; thence along said land four courses: (1) N.41°39'10"W.-505.36 feet; thence (2) N.65°07'50"E.-376.40 feet; thence (3) N.32°28'10"W.-982.87 feet; thence (4) N.32°57'20"W.-410.0 feet to Long Island Sound; thence along Long Island Sound seven courses: (I) N.44°12'40"E.-564.0 feet; thence (2) N.25°16'40"E.-398.12 feet; thence (3) N.58°57'20"E.-601.09 feet; thence (4) N.42°36'50"E.-169.85 feet; thence (5) N.57°59'40"E.-188.68 feet; thence (6) N.41°51'20"E.-322.22 feet; thence (7) N.31°15'10"E.-483.72 feet to land of Island's End Country Club; thence along sad land fourteen courses: (1) S.30°10'40"E.-910.0 feet; thence (2) S.31°03'40"E.-300.01 feet; thence (3) S.28°19'30"E.-89.61 feet; thence (4) S.13°46'30"E.-33.68 feet; thence (5) S.27°56'50"W.-65.47 feet; thence (6) 5.0°19'40"E.-179.94 feet; thence (7) S.1°34'00"E.-300.20 feet; thence (8) S.3°40'00"E.-100.0 feet; thence (9) S.0°04'20"W.-172.71 feet; thence (10) S.5°18'49"E.-I00.93; thence (11) S.0°39'30"E.-I00.15 feet; thence (12) S.I°45'00"E.-434.17 feet; thence (13) S.7°02'00"E.-40.19 feet; thence (14) S.76°49'10"W.-155.11 feet; thence continuing along said land and along land of Ripley S.24°34'30"E.-805.0 feet to the Main Road; thence along Main Road S.66°01'20"W.-634.76 feet to the point of beginning. Dated: May 31, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - LB~ Properties PLEASE PUBLISH ON JUNE 16, 199tl, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, SOUTHOLD TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board LBV Properties JUDITH T. TERRY TOWN CLERK l'own Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1516~ 765-1823 Telephone 1516~ 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR NEGATIVE DECLARATION Notic~ of Dele.~nin~tioa of Non-Si~ificaace Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold' New York 11971 Date_' May 31, 1994 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a sjg~ificallt effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: SEQR Status: Project Description: Proposed COZ on Town Board's Own Motion SCTM# 1000-35-1-25 n/s CR 48, 1,139 feet e/o Sound Road, Unincorporated Greenport Unlisted Action The project which is the subject of this Determination, involves a the change of zone of 132.08 acres from "Hamlet Density" to "Residence-80". The project site Png~ 1 of 3 SEQR Dettr~t,~tion contains freshwater wetlands and a mix of forested and old field habitats. The site is also adjacent to Long Island Sound. The proposed project is one of six (6) change of zones being considered by the Town Board at this time in the same geographic area and will involve common and potentiaLly significant impacts. 1000-35-1-25 Location: The site consists of 132.08 acres and is located on the north side of CR 48, 1,139 feet east of Sound Road, in the unincorporated section of GrcenporL Comments: The Town Board is reviewing this project simultaneously with the following applications: Change of Zone on Town Board's Own Motion SCTM# 1000-40-3-1 s/s CR 4~, morn than 1000' e/o Chapel Lann, Greenport Propole. d COZ on Town Board's Own Motion SCTM# 100(}-40-4-1 s/s CR 48, 400 fe.~t w/o Moorn's ! ~n~, Grcenport Proposed COZ on Town Board's Own Motion SCrM# 1000-4_5-2-10.3 n/s Chai~l Lane, Grecnport Proposed COZ on Town Board's Own Motion SCTM# 1000-45-2-1 s/s CR ~ 805 feet n/o Chapel L~e, Greenport Proposed COZ on Town Board's Own Motion $CTM# 1000-35-1-24 n/s CR 48, 564 fe.~t e/o Sound Road, Greenport Reasons Supporting This Determination: This determination is issued in full comideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and H, and the following specific reasons: O) Thn subject chan~¢ of zonin~ doe~ not e. xceed any of the criteria for c~tnrminln~ 6g~ifieunce of an action that would warrant the preparation of a Draft EIS. Conversely, the action will minlm;7~ potnntial enviro~mnntal hnpacts thereby providing support for issuance of a Negative Declaration. (~) Thc propo~ project will reduce the potential development density on thc subject site. As a re, suit, density derived impacts indudin~ wat~4' tL~; ~nltary waste volttme; distu~bunce of land, traffic ganra'ation; and solid waste generation will al~ be reduced- Accordingly, the subje~ change Of zDnin~ expe~ed to reduce the impact of sitn d~vnlopmnm with regard to these impact areas, as compared to Pag~ 2 of 3 'HD" Change of Zone SEQR Det~'mlnntlon c~'rcnt O) The proposed zo-;ng is consi~cnt with land usc and zon;ng of surrounding lands, and will therefore nnt cea~ a ~;L~nifir~nt impacL ~s a result, the proposed ~h..g¢ of zo-;-g will have a beneficial impact upon land usc in tim area of thc ~c. c'~n~idea-ation bas been given to the review of th~ prol~_d zone ehnnEe conducted by a consultant to the, Town Board, which concludez thc following with regard to thc site in consideration of unique site reso~cns: 'These findin~ Sllt~C~ th~ a~y development on this site will bavc cnvironmcnLel impacts. Our ~ impression is thnt rczoni-~ to "R-fi0' rc~id~ntiM W~ provide a ~i~if~cant in.cased measure of protection for the environment thn., thc q-ID" zo~i-g now provides. Consideration ha~ been given to a plnnnlng document prcpased by thc Sonthold plnnning Staff cntltle~ "Reviov of Ham/,e.t Density Zon~g in $outhold To,,n - Repo~ to the To~n Board~ dated February 1994. This report c~ncluclns thc following with regard to the site in con~ideraiton of unique site resources: The subject site COnta;.~ unique re. sources, and is occupied by freshwater wetlands over apprmfimntely 3 acres of the site, 55 percent of thc site is camsidered meadow/bru~aland and approximately 35 percent of the ske is forested. The site is also situat~ on l~ng ldand Sound. The proposed ehan~e O[Z~nln~ ~ minimize impac~ upon the l~ng lrdand Sound, it's aasoclated b!-~. wetlands a~ well as the upland resources by rea:lt,clng the potential Imad ns~ density adjacent these habitats. In addition, the lower potential land use density will provide more flea~le land use options to ma~4miT,~ setbacks and ensure preservation of unique habitat axeas. For Further Information: Contact Person: Judith Terry, Town Clerk Town of Southold Address: Phone No.: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1800 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation, 50 Woff Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook Stony Brook, NY Suffolk County Planning Commi~ion Suffolk County Department of Health Services NYS Legislative Commission on Water Resource Needs of Long Island Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Village of Greenport Southold Town Clerk's Bulletin Board LBV Properties, Suite 210, 898 Veterans Memorial Highway, Hauppauge, N.Y. 11787 Pagt3 of 3 JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne'*' York 11971 Fax (5161 765-1823 Telephone 15161 765 - 1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 31. 199q: WHEREAS, on their own motion from Hamlet Density (HD) Residential R-80 District on the property of LBV side of Route 25, 1139 feet northeast of Sound 132.08 acres, SCTM #1000-35-1-25; and the Town Board of the Town of Southold has proposed a change of zone Residential District to Low Density Properties, located on the north Road, Greenport, N.Y., containing WHEREAS, the proposal has been referred to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter; now, therefore, be it RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, June 28, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid change of zone; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspapers pursuant to the requirements of law. / Judith T. Terry ~/ Southold Town Clerk June 1, 199~1 JUDITH T. TERRY TOWN CLERK Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5161 765-1823 Telephone (5161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 31. 199t~: ~tle of Action: RESOLVED that this notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The Town Board of the Town of Southold has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Property of: LBV Properties Proposed COZ on Town Board's Own Motion SCTM# 1000-35-1-25 n/s CR 48, 1,139 feet e/o Sound Road, Unincorporated Greenport SEQR Status: UnListed Act/on Project Description: The project which is the subject of this Determination, involves a the change of zone of 132.08 acres :[rom 'Hamlet Density' to 'Residence-80% The project site containn freshwater wetlands and a mix of forested and old field habitats. The site is also adjacent to Long Island SotmcL The proposed project is one of six (6) change of zones being considered by the Town Board at this time in the same geographic area and will involve common and potentially significant impacts. St-i'M Number:. 1000-35-1-25 Location: The site consists of 132.08 acres and is located on the north side of eR 48, 1,139 feet east of Sound Road, in the unincorporated section of Greenport. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determ;nafion of siL, nific~nce cov!ained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific rea.sons: (0 0) Thc Sl~jr..~t rh:~.g¢ of zonin~ doe~ not ~"~'~'-~ any of the criteria for determin~n~a ~;?~canc~ of an action that wotlld w~"rnnt the preparation of n Draft F_.IS. Conversely, thc ac&ion will rnlni~;~.~ potential environmental impacts thereby provid~ support for issunnc~ of a Negative Declaration. Thc propose, d project ~ reduc~ the potential devclopmcnt density on thc subject site. As a r~ult, d~nrdty de. rived impacts inclodin~ water use; sanitary w~tc volume; di~turbanc~ of' [and; tral~c gener~tlon, and solid w~.q¢ generatlen will also be reduced. Accordlnzly, th~ subject ehnn~e of zoning r~ed to reduo: thc impact of site development ~ regard to these impac~ arca~ as compared to Th~ prolx~Xl zoning is con~[~¢nt ~ land u,~ and z~ning of surrounding lands, and will therefore not caus~ a significant impact, As a result, tim proposed eh~.o.c of zoning will have a beneficial impact upon land u.~ in tim area of thc site. Conslde. ratlnn has been given to tl~ review of the propr~-~i zone rh~n~ ~u~ by a ~tnnt to ~ T~ B~ w~ ~n~u~ ~ foH~ ~ rc~d to ~c ~ ~ ~on of ~q~ ~tc r~ ~ ~dln~ S~ that ~y devclopmcm on ~ ~e ~ ~ cn~o~entnl ~ O~ inlt~l ~pr~on ~ ~ r~nin5 tO 'R~ r~dentinl ~ pro~ a ~ ~ m~e o~ pr~on f~ ~e en~o~e~ than ~ '~" ~nln~ now pro~ Con~iderntlon has been given to a plnnning document prepped by the Southold Ptann~ng Staff enfided, "Re.lea of Hamlet Demiq/ Zoning in Southold To~n - Report ~o the To~n Board' dated February 1994. This report condud~ thc following with regard to thc sitc in comidea-aiton of unique site resources: "77ds parcel could be developed in a manner not requi, dng m.lt'iple d~n~ity u~e.g. B~'/~ning to a Iow~' de.n~ity i.~ r~cornmend~d." The subje~ site contnin~ unique resource~ and is uec~pied by freshwater wetlands over apprO~timately 3 acres of thc sitc, 55 percent of thc site is considered meadowfop,~hland and approximately ~5 g~rc~nt of the site is forested. The site is ~ s/t'ua~ed on Len~ Idand Sound. Thc proposed change of zoning will mlnimlr., impa~t Upon the Long lala,d Sound, it's a,~oc/ated bluffs, wetlands m well as the upland re. sources by reducing tim potential land u.~ density adjacent the~ habitata In addition, tha lower potential land use density will provide more flexible land u.~ options to ma~mi~,~ setbacks and ensure pre,~rvation of unique habitat areas. /~A-~Judith T. Terry Southold Town Clerk June 1, 199ti JUDITH T. TERRY TOWN CLERK Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 1197 I Fax 1516~ 765 1823 Telephone 15161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 31, 199a,: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Cramer, Voorhis & Associates, Inc., in the amount of $80.00 per declaration, for the preparation of SEQRA Declarations for the proposed Hamlet Density Zoning on the Town Board's own motion on the following parcels: Kace Realty Co., John Geier & AND., LBV Properties, San Simeon Retirement Community Inc., John G. Siolas & Catherine Tsounis, and Jem Realty Co. Judith T. Terry $outhold Town Clerk June 1, 199~1 CRAMER, VOORHIS &'ASSOCIATES ENVIRONMENTA~.._..AL'E~, ?,LANNt~G CONSULTANTS May 20, 1994 Ms. Judith T. Terry, Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Proposed H.D Rezonings on Town Board's Own Motion SCTM # 100-40-3.1, 40-4-1, 35-1-25, 45-2,-10.3, 45.2,-1 and 35.1-24 Dear Judy: Attached please find copies of the draft SEQRA determinations for each of the above referenced parcels. They have been formatted so they can be xeroxed directly onto the Town's stationary without retyping should you find them acceptable. If there are any questions with regard to them, please feel free to give me a call. Enclosed you will find a bill for services with regard to the preparation of the Long EAFs on the above referenced parcel~ This is consistent with the resolution adopted at the March 8th Town Board meeting which authorized us to undertake the work. Also enclosed is a proposal for services in c. omp!eting the atttached SEQRA determinations and the bill for same. As we discussed thin morning, our proposal of March 8th and the Town Board resolution of that same date only authorized the preparations of the Long ~-'s. The attached proposal is serf-explanatory. / Thank you for your attention to thin matter. Agai% if we can,b'e of an~_flxrther assistance, please feel free to give us a call. Very ~tr~. -o~, /////l'h°m!as. Cramer, ASLA /' enclosures [ 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 SEQR NEGATIVE DECLARATION Nohc~ of ~inntiO~ of Non-Sig~il~cancr De~r~i-~6o. af Significam~ Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 5outhold, New York 11971 Date: May 31, 1994 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: SEQR Status: Project Description: Proposed COZ on Town Board's Own Motion SCTM# 1000-35-1-25 n/s CR 48, 1,139 feet ¢/o Sound Road, Unincorporated Greenport Unlisted Action The project which is the subject of this Determination, involves a the change of zone of 132.08 acres fi-om "Hamlet Demity" to "Residence-80". The project site Page I o~3 'HDf Clumge or Zone; $£QR I)el~.rm Ina~lon contalne freshwater wetlands and a rni~ of forested and old field habitats. The site is also adjacent to Long Island Sound. The proposed project is one of six (6) change of zones being considered by the Town Board at thi.g time in the same geographic area and will involve common and potentially significant impacts. 1000-35-1-25 Location: The site consists of 132.08 acres and is located on the north side of CR 48, 1,139 feet east of Sound Road, in the unincorporated section of Greenport. Comments: The Town Board is reviewing ~his project simultaneously with the following appLications: Ch~-ge ~f Zone on Town Board's Own Motion SCTM# 1000-40-3-1 s/s CR 48, more tha. 1000' e/o Chal~l lane. Greenport Proposed COZ on Town Board's Own Motion SCTlVI# 1000-404-1 s/s CR 48, ,100 feet w/o Moore's Lane, Greenport Pro _po~_ H COZ on Town Board's Own Motion SCI3vl# 1000-4.5-2-10.3 c/s Chapel Lane. Greenport Proposed COZ on Town Board's Own Motion SC'TM# 1000-45-2-1 s/s CR 48, 805 feet ¢/o Chapel Lane, Greenport Propoz~ COZ on Town Board's Own Motion SCI'M# 1000-3;5-1-24 n/s CR 48, 564 feet e/o Sound Road, Greenport Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and 1I, and the following specific reasons: O) The subject change of zoning d,wS not exceed any of the ca'iteria f~ ~te~ ~i~ifi~ og ~ a~on ~ wo~ ~ ~ preston of a Dr~ ~S. ~nve~ly, ~e a~on ~ minimiTe ~en~ cn~o~cntal ~pa~ ~ercby pro~d~g sup~ for ~nan~ of a Nc~fi~ D~afiom (2) Thc proposed projc~ will rcduee thc potential development density on thc subject site. As a result, &gnsi~y dexivcd impactz including: watcr u.s~; ~ai~z~y w~stc volumc; disturbancm of land; traffic generation; and solid waste generation will also be reduced. Accordingly, the. subject change of Zonin~ itl expected to reduce thc impac~ of sitc d~vclopmenl with regard to these impact areas, ~ compared to Page 2 or3 'HD' Clumge o! Zone SEQR Del~rmlnaflen oJrf~ll ~nin~ The. propoaed zon;n~ is con,;-~ent with land u~ and zoning of sorrouncl~g land& and will therefore not cau.~ a .ignifi,~ant impaa. As a result, tl~ prope~ ~hangc of zonin2 will have a beneficial impact upon c'n_ncideratian has bean given to tim review of th,. prop,x~-~l zon~ change conducted by a con$,,Itant to t~ Town Board, which concludes tha following ~ regard to tha aitc in conaideratio, of uniqu~ ~ rc~oorc, r~ ~ findings suggest that any development on this ~c will have environmental impactr,. Out initial impression is that rczoning to "R-80' rcaia,*ntial will provide a ~;?it%ant increased menaurc of protection for the cnvltonmcnt than the 'HD' zoning now providea. Consldm'ation has be~n given to a planning document prepared by tl~ Southold planning StalI entitled. *Review o/Hamlet Density Zoning in Southold Town - Report to tht Town Board" dated February 1994. This rcport concludc~ thc following with regard to tim sitc in consid,~raiton of unique site resources: (6) The subject site contain, unique resunrcea, and is occupied by freshwater wctlaeds over approximately 3 acres of the site, 55 percent of the Rite is considered mcadow/bnlahland and appro.~dmat¢ly 35 percent of tim site is forested. Tim aiic i~ also situated on Long Island Sound. Thc prop,x~l change of zoning will minlmiz,~ impact upon the Long Island Sound, it's a_~_e~.~:~nted bluffs, wetlands aa well as the upland rcaoutces by reducing the potential land uae denaity adjacent tha~ habitats. In addition, tbe lower potential land ~ denalty will provide more flexible land usc options to m&rlmiT,~ setbacl~ and ensure preserva~on of unlquc habitat areas. For Further Infomatlon: Contact Person: Judith Terry, Town Clerk Town of Southold Address: Phone No.: Town Hall 53095 Main Road P.O. Box f179 Southold, New York 11971 (516) 765-1800 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-Ncw York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY Sllffolk Connty PJannlrlg Commi.~-~on Pa~3 or3 , -~\\\\ .'.,.,~',xX CRAMER, VQORHIS &:;~SOCIATES ENVIRON M ENTA~,,.?~NG CONSULTANTS May 20, 1994 Ms. Judith T. Terry, Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Preparation of Declarations for Proposed Hamlet Density Zoning on the Town Bonrd's Own Motion SCTM # 100.40=3-1, 40=44, 3S-1-2.q, 45-2-10_3, 4~-2.1, 35-1-24 Dear Judy: As per your request the foIlowin~g will serve as a proposal for services with regard to the above. It is our understanding that the Town Board wishes to consider the rezonings of the above six (6) parcels from Hamlet Density to Residence 80. We have previously prepared the long EAF's for each parcel which the Town has circulated in accordance with the rules and regulations of SEQRA. Prior to making a final determination declarations of significance must be made. In our proposal of March 8th and the subsequent Town Board resolution of that same date, CVA proposed to prepare the Long EAF's. This proposal did not, however, include preparation of the above referenced declarations on each parcel. CVA proposes to prepare the necessa_qt SEQRA declarations for thc Town Board's review at a cost of $80 per declaration for a total of $480. I hope that the Board will find the above proposal acceptable. If./bere are any questions, please feel tree to contac! me. / It should be noted that we have taken the llberty' of completing' flacdeclaraUons, anticipating the Town Board's approval Very ffyo /~ //~['h. omas W. Cramer, ASLA 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTIC~ MARRIAGE OFFICER OFFICE OF THE TOWN CLERK' TOWN OF SOUTHOLD Town Hall. 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: New Zoning Ordinance Amendment of Zoning Code X Amendment of Zoning Map (Change of Zone) Location of affected land: North side of Route 25, 1139 feet northeast of Sound Road, Greenport, N.Y. Suffolk County Tax Map No.: 1000-35-1-25 Within'500 feet of: X The boundary of any village or town The boundary of any existing or proposed county, state or federal park. X The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of 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. X 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 COMMENTS: Change of zone on the Town Board's own motion from Hamlet Density (HD} Residential District to Low Density Residential R-80 District on the property of LBV Properties. Date: May 20, 1994 Judith T. Te,~/Py ~- Southold Town'Clerk JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax 1516) 765-1823 Telephone (516) 765-1801 May 20, 1994 $outhold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith map of of a proposed change of zone on the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-It0 District on the property of LBV Properties, located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, N.Y. Please prepare an official report with respect to the proposed change of zone, and transmit same to me. Thank you. Very truly yours, Judith T. Terry $outhold Town Clerk Attachment JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone 1516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 16, 1994: WHEREAS, the Town Board of the Town of Southold has proposed a change of zone on their own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District on the property of LBV Properties, located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, N.Y., containing 132.08 acres, SCTM #1000-35-1-25; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. Judith T. Terry Southold Town Clerk May 17, 199& DEPARTMENT O~" H£ALTH 5£19vlCE':: COUNTY OF SUFFOLK MARY E, HIBBI~RD. M.O.. M,P.H. Suditb T, Ten'y, Town Cled. Town of Souamld Town Hall - 53095 Main Road P.O. Box 1179 Sonthold, New York 11971 RE: $ohn Oeigcr & Another, SCl'M; 1000-40-04-01 Kace Realty Co., SC'TM: 1000-40-03-01 San Simeon getit~.ment Commmdty Inc., SCTM; 100045-02-10.3 ]em Realty Co, SCl'M: 1000-40-035-01.24 /.~V Pto[:n=tQcs, SC'I'M: 1000-40-035-01-25 MAY I F,.. 19[ q Southold Town Clo~k Dc ar Ms, Terry: The Suffolk County .Depaament of Hc,'thh Scrviccn (SCDHS) has received your I,'ltc~ dated April 11, 1994, cot~cemiug the above-referenced Change of Zmm applications, and ha~ no objection Io One Town's designation ~ Icad asct~cy. This con~spondcnce Is intondcd pzimarUy to expedite thc procedural ~quimmenu of SEQRA pet~ai~dng to thc ~tablishmenl of lead agency. The SCDHS fu/ly -<uppo~s ttll effo~ to m,'~timizc protection of natural t~ourc~ which may be impacted upun by constmcaon and development activities. It i.~ the poshlon of thc dcpamuont that the SEQP. A review provides the gn~nl, ast oppot~m~ity for comptchen,slve consideration of Ihesc resources, and thai. .',q pracllcable planning mea~ut~ should be employed to hclp ensu~ Ihcir ~rote¢llon. Of particular cnno~m to dep;ulni.unt i~ the adequate protection of wctlat~ls, sudaCa waters, natu~'al commutdtiea, cm~tiguous nntut'al habitnls, m~4 ram. th~:tteucd altd endangered ape¢ice. In addition, effor~ to protc~:t acnsitive physic.'tl tcsontce~ such groundwater,% dan~, blulT~, ~'ho~Uncs. na~ral drainage c'haune[~, groundwater recharge atea~, and ~tcep slopes ate fully supposed nad encouraged by d~e SCDHS. Additional information may bc provided prior to d~e cJo$c of t,~ eslabUshed comment period. Should you have any questions or ~qalte additional information, pic~.~e feel f~c to contact d~c Office of Ecology at 852-2078, /vl~/ta cc: Vito Miuei, P.~. Stephen Costa, p,R. Frank Dowlln8, SC Plnnn/ng $h~cet~ly, M,nak J. Rcu~chh Envh'onrnemal Pl.'u'mcr Office of Eonlogy DEPARTMENT OF PLANNING (J(~UNTY OF SUFFOLK ROBERT J. GAfFNEY E~UFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIAECTO~ OF PLANNING April 19, 1994 Town Clerk Town of Southold Applicant: Town of Southold (LBV Properties) Zoning Action: Change of zone from HD to R-80 Location: SCTM #1000-35-1-25 S.C.P.D. File No.: SD-94-6 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner RODERICK VAN TUYL (L.S.) COLIN VAN TUYL RDDERIr-K VAN TUYL, 218FRONTSTREET GREENPORT, NEW YORK 11944 (516) 477-0170 P, Co April 28, 1994 Description: Property of L.B.V. Properties "North Road", Greenport. Beginning at a point on the northerly line of ~in Road (also k~own as North Road) at the southeasterly co~ner of land of Schofield and Mclntosh and the southwesterly corner of the premises herein described, said point being 2190.15 feet easterly from the easterly line of Sound Road; r~ming thence along said land of Schofield snd ~Intosh two courses: 1) N.11°31'lO"W,-210.O feet; thence 2) N.19°16'OO"W.-344.0 feet; thence continuing along said land and along other land of L.B.V. Properties S.65°47'10"W.-544.21 feet; thence continuing along said other land of L.B.V. Properties S.66°36'40"W.-765.20 feet to land of Jem Realty Co.; thence along sa~d land four cottrses: 1) N.41°39'lO"W.-505.36 feet; thence 2) N.65°O7'50"E.-376.40 feet; thence 3) N.32°28'lO"W.-982.87 feet; thence 4) N.32°57'20"W.-410.O feet to Long Island Sound; thence along Long Island Sound 1) N.44°12'40"E.564.0 feet; thence 2) N.25°16'40"E.-398.12 feet~ thence 3) N.58°57'20"E.-601.09 feet; thence 4) N.42°36'50"E.-169.85 feet; thence 5) N.57°59'40"E.-188.68 feet; thence 6) N.41°51'20"E.-322.22 feet; thence 7) N.31°15'lO"E.-483.72 feet to land of Island's Ead Country Club; thence along said land Fourteen courses~ 1) S.30°10'40"E.-910.0 feet; thence 2) S,31°03'40"E.-300.01 feet; thence 3) S.28°19'30"E.-89.61 feet; thence 4) S.13°46'30"E.-33.68 feet; thence 5) S.27°56'50"W.-65.47 feet; thence 6) S.0°19'40"E.-179.94 feet; thence 7) S.1°34'00"E.-300.20 feet; thence 8) S.3°40'00"E.-100.0 feet; thence 9) S.0°04'20"W.-172.71 feet; thence 10) S.5°18'40"E.-100.93 feet; thence 11) S.O°39'30"E,-100.15 feet; thence 12) S.1°45'00"E.-434.17 feet; thence 13) S.7°02'00"E.-40.19 feet; thence 14) S.76°49'10"W.-155.11 feet; thence continuing along said land and along la~d of Ripley S.24°34'30"E.-805.0 feet to the ~in Road; thence along Main Road S.66°01'20"W.-634.76 to the point of beginning. Containing 132.09 acres. Roderick Van Tuyl To: Sonthoid Town Clerk THOMAS H. %VICK.HA_M SUPERVISOR April 12, 1994 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Tow~ Hall, 53095 Main Road P. O_ Box 1179 5outhold. NewYork 11971 Telephone (516) 765 - 1500 Fax (516) 765 - 1823 Stephen Jones, Director Suffolk County Planning Department 12th Floor Veterans Memorial Highway Hauppauge, NY 11788 Deaf Steve: In January the Town of Southold asked its planning staff to conduct a review of eight vacant properties that were zoned Hamlet Density (HD) in order to determine whether they should so remain. The HD zone permits four dwelling units per acre and represents our most intensive residential zone. A report was issued in February, a copy of which is enclosed for your information. Earlier this month, the Town Board began a coordinated environmental review on six of these properties in anticipation of conducting a public hearing on rezoning them from HD to R-80, which is our two acre residential zone. With this letter, I am requesting the assistance of your planning staff in the preparation of information related to the HD rezonings; specifically an analysis of the potential yield and return for each of the subject properties under the R-80 zoning district. In addition, it would be helpful if your staff could provide a comparative analysis with the potential yield and return under the HD zone. I have enclosed a map and the environmental report for each property. The Town has not received the surveys yet, which is why the enclosed maps are copies of site plans and other maps in our files. If you would prefer to work with the surveys, perhaps copies could be sent when they are completed in a few weeks. Should your/~staff need any additional information, please do not hesitate to let me kno~./ Thanking you in advance for your assistance, please know that I am most ~p/preciative of your offer. SincereJy'l/'' / // Thomas Wickham Supervisor TW:mls Enclosures JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York I lqTI Fax ~516) 765-1823 Telephone (516~ 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 1994 Lead Agency Coordination Request C( The purpose of this request is Environmental Quality Review Act-SEQRA) and 6NYCRR Part 617 the following: to determine under Article 8 (State of the Environmental Conservation Law 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed you will find the Southold Town Board's findings and a completed Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: LBV Properties, Suite 210, 898 Veterans Memorial Highway, Hauppauge, N.Y. 11'/117, SCTM ~1000-35-1-25, property located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, N.Y., containing 132.01] acres. Requested Action: Change of Zone on the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District. SEQRA Classification: Type I Contact Person: Judith T. Terry, Town Clerk, Town of Southold The lead agency will determine the need for a environmental impact statement (ELS) on this project. If you have an interest in being lead agency, please contact this office immediately. If no response is received from you within 30 days of the date of this letter, it will be assumed that your agency has no interest in being lead agency. Page 2 Agency Position: [ ] This agency has no objection to your agency assuming lead agency status for this action. [X] This agency wishes to assume lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures Copies of this request and all attachments to the following: Commissioner Langdon Marsh, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook NYS Lbgislative Commission on Water Resource Needs of Long Island Suffolk County Department of Planning Suffolk County Department of Health Services Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Clerk's Bulletin Board (without attachments) LBV Properties, Suite 210, 898 Veterans Memorial Highway, Hauppauge, N.Y. 11787 JIrDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF' SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. Nc',.,.' York 11071 Fax (516~ 765-1823 Telephone 1516} 765 1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY '~HE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 199~!: RESOLVED that the Town Board of the Town of Southold hereby commences the lead agency coordination process in regard to the State Environmental Quality Review Act on the Type I action of proposed rezoning of the following described property on the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District: Tax Map #1000-035-1-25, owned by LBV Properties, containing 132.08 acres, and located on the north side of Route 25, 1139 feet northeast of Sound Road, Greenport, New York. Judith T. Terry [/ Southold Town Clerk April 6, 1994 JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax 15161 765-1823 Telephone f5161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 199~: OWNER PARCEL # 1000-35-1-25 LBV PROPERrT~ Suite 210 898 Veterans Memorial Highway Hauppauge, New York 11787 PROPERTY LOCATION North Side Route 25 1139 Feet Northeast of Sound Road Greenport, New York WHEREAS, the Master Plan of the Town of Southold and the recommendations of the Town's advisory Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen their business prospects while keeping open space and farmland undeveloped; and WHEREAS, the Town Board has examined and extensively discussed a report entitled "Review of Hamlet Density Zoning in the Town of Southold' dated February 199u, which assessed the appropriateness of the zoning of all undeveloped HD zoned properties in the Town of Southold; NOW. THEREFORE. BE IT RESOLVED, that the Town Board of the Town of Southold concludes that HD zoning of this property is not appropriate for the following reasons: The property has not been developed pursuant to HD zoning, or its predecessor zoning, since it was first so zoned in 1971; The HD zoning of this site is not consistent with the Town's comprehensive plan because it encourages high density residential growth at a significant distance from the nearest hamlet center of Greenport and encourages suburban sprawl; The development of an intense residential area near the key intersection of Route u, 8 and Route 25 has the potential for significant traffic generation and will weaken the strength and economic integrity of the Village of Greenport, a key hamlet to the Town as a whole. The HD zoning is not consistent with the R-80 zoning to the east, the environmentally fragile shoreline to the north and the R-80 and R-I~0 zoning lying to the south and to the west of the adjacent HD parcel, which is also being proposed for rezoning to R-80; HD zoning of a site with so many valuable coastal resources and delicate habitat is not in conformance with the Town's Master Plan nor is it in the best interest of the environment; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold finds that rezoning this property from HD to R-80 is appropriate for the following reasons: R-80 is the base zoning of the Town because it retains the open' rural environment so highly valued by year-round residents and those people who support the Town's economy; R-80 zoning is most consistent with the zoning on immediately adjacent properties; R-80 zoning can best protect those areas with sensitive environmental features, such as a kettle hole, wetlands and possible endangered species on site; R-BO zoning can best pr. otect the irreplaceable scenic features of this property, particularly the bluffs along the Long Island Sound; R-80 zoning is more consistent with the Master Plan in protecting the coastal resources and delicate habitat of this site. April 6. 1994 JUDITH T. TERRY TOWN CLERK Town Hall. 53095Main Road P.O. Box 1179 Southold, New York 11971 Faxl5161 765-1823 Telephonel5161 765 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 199~: RESOLVED that the Town Board of the Town of Southold hereby authorizes Roderick Van Tuyl, P,C., Land Surveyors, to prepare an accurate description of the following properties by metes and bounds, and three copies of a map of each parcel showing the zoning classification of the surrounding area within 500 feet of the parcel: 1. 1000-040-3-1 Kace Realty Co., 43 West 50, Street, New York, N.Y. 10019 1000-040-4-1 John Geier & Ano., c/o Marion Geier, Atlantic Mobile Park, Box 30, Newport, N.C. 28570 1000-035-1-25 LBV Properties, Suite 210, 898 Veterans Memorial Highway, Hauppauge, N.Y. 11787 1000-045-2-10.3 San Simeon 'Retirement Community Inc., Main Road, Greenport, N.Y. 11944 1000-045-2-1 John G. Sio[as & Catherine Tsounis, 190 Central Drive, Mattituck, N.Y. 11952 1000-035-1-24 Jem Realty Co., c/o Kontokosta, 43 West 50, Street, New York, N.Y. 10019 Judith T. Terry (/ ' Southold Town Clerk April 6, 199q PAP ~L # q - 1000-35-1-25 OWNER PROPERTY L,~CATION LBV PROPERTIES North Side Route 25 Suite 210 1139 Feet Northeast of 898 Veterans Memorial Highway Sound Road Hauppauge, New York 11787 Greenport. New York WHEREAS, the Master Plan of the Town of Southold and the recommendations of the Town's advisory Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen their business prospects while keeping open space and farmland undeveloped; and WHEREAS, the Town Board has examined and extensively discussed a report entitled "Review of Hamlet Density Zoning in the Town of Southold" dated February 199q which assessed the appropriateness of the zoning of all undeveloped HD zoned properties in the Town of Southold; NOW. THEREFORE. BE IT RESOLVED. that the Town Board of the Town of Southold concludes that HD zoning of this property is not appropriate for the following reasons: The property has not been developed pursuant to HD zoning, or its predecessor zoning, since it was first so zoned in 1971; The HD zoning of this site is not consistent with the Town's comprehensive plan because it encourages high density residential growth at a significant distance from the nearest hamlet center of Greenport and encourages suburban sprawl; The development of an intense residential area near the key intersection of Route ~8 and Route 25 has the potential for significant traffic generation and will weaken the strength and economic integrity of the Village of Greenport, a key hamlet to the Town as a whole. The HD zoning is not consistent with the R-80 zoning to the east, the environmentally fragile shoreline to the north and the R-80 and R-L[0 zoning lying to the south and to the west of the adjacent HD parcel, which is also being proposed for rezoning to R-80; HD zoning of a site with so man,/ valuable coastal resources and delicate habitat is not in conformance with the Town's Master Plan nor is it in the best interest of the environment; and BE IT FURTHER RESOLVED. that the Town Board of the Town of Southold finds that rezoning this property from HD to R-80 is appropriate for the following reasons: R-80 is the base zoning of the Town because it retains the open rural environment so highly valued by year-round residents and those people who support the Town's economy; R-80 zoning is most consistent with the zoning on immediately adjacent properties; R-80 zoning can best protect those areas with sensitive environmental features, such as a kettle hole, wetlands and possible endangered species on site; R-80 zoning can best protect the irreplaceable scenic features of this property, particularly the bluffs along the Long Island Sound; R-80 zoning is more consistent with the Master Plan in protecting the coastal resources and delicate habitat of this site. ]~RACKEN & IV[~RGOLIN ~XTTO~NEY5 AT LAW SUITE ~OO ONE SUFFOLK ~OUARE ISLANDIA, NEW ~RK 11722 b"ONFtR MATION March 22, 1994 Via Telefax 765-1823 Thomas Wickham, Supervisor Town Hall Main Road Southold, NY 11971 Re: Brecknock Hall Property - Zoning Dear Supervisor Wickham: Enclosed is a letter addressed you that I would ask you to share with your Board at your meeeting this morning. JPB:alh Enc_ Respectfully, CKEN & MARGOLIN ]~RACKEN ~ MAltGOLIN SUITE 000 CONFIRMATION March 22, 1994 Via Telefax - 765-1823 Thomas Wickham, Supervisor Town Hall Main Road Southold, NY 11971 Re: Brecknock Hall Property - Zoning Dear Supervisor Wickham: As you know, we represent Arnold Wolowitz and LBV Properties, the owner of property located in the Town of Southold, and known as the Brecknock Hall property, Suffolk County Tax Map District 1000, Section 035.00, Block 01.00, Lot 025.000. When we visited with you recently, we advised you that we were deeply concerned about the consideration being given by the Town Board to a rezoning of my client's property. The newspaper articles surrounding a proposed rezoning seem to indicate that the property would be one of seven parcels to be considered for "upzoning." We advised you at our meeting that there were substantial expenditures made by my client, as well as his predecessors in title in reliance upon the current zoning and density requirements. We believe that these expenditures and the other activities undertaken in an effort to develop this property were taken in reliance upon existing zoning, as well as agreements and representations made by the Town of Southold. We believe that the Town of Southold is bound to permit the development of this property as it is currently zoned. I believe a recitation of the history of the development of this property should be brought to your attention. In 1971 the entire proper~y was rezoned from "A" Residential and Agricultural District to "M" light Multiple Residence District for 132.08 acres, and "B" light Business District for 12.436 acres_ As I understand it, and at the time of the initial rezoning, the Town of Southold entered into a scenic easement agreement with the then owner of the land, Gus Schad, which agreement was recorded on December 13, 1971 Thomas Wickham, Page 2 March 21, 1994 Supervisor in Liber 7066, page 386, and that scenic easement affected 19.271acres of the Multiple Residence District property. In addition, covenants and restrictions were given by the then owner that affected portions of the property insofar as its development was concerned, and these were recorded on December 13, 1971 in Liber 7066, page 382 and Liber 7066, page 377. These covenants and restrictions provided that no new buildings would be erected on the business zoned portion of the property until 25 residential units were erected within the multiple residence district and these restrictions were to run until January 1, 2000_ As you probably know, the Town of Southold did not have zoning ordinances that provided for planned unit development of property as a one-zone district. The utilization of easements and covenants and restrictions, therefore, effectively treated the entire parcel of property as a planned unit development. In 1982 the owner of the property, Greenport Development Corp. (a Wolowitz family corporation), expressed its interest in developing the property, and in compliance with Southold Town's views, it became necessary to rezone to Multiple Residence District the remaining "A" Residential sections of the prior zoning plan, and it further became necessary to amend the scenic easements, as well as some of the covenants and restrictions. On December 13, 1983 the scenic easement was amended by agreement with the Town of Southold, which was then recorded in Liber 9637 at page 169 affecting 37.92 acres of property. The covenants and restrictions were amended at the same time, and these were recorded in Liber 9506, page 263. While these amendments may ultimately have increased the cost of development, the fact was that they probably improved upon the planned unit development concept and buffered the business zoned portion of the property with the scenic easement, while at the same time moved the residential development further north on the property. The changing of the covenants and restrictions limited the density of the multiple residence district to 350 new dwelling units. The restriction with respect to the development of the business district remained in place and was apparently a recognition of the fact that the business development was to serve as an adjunct to the residential development. It was apparently everyone's view that the overall parcel had to be developed with one plan, and indeed that is what my clients have endeavored to do. Thomas Wickham, Page 3 March 21, 1994 Supervisor In reliance on the Town's actions in this matter and the concept of a planned unit development as put forth by the Planning Board, with the knowledge and approval of the Town Board, sums in excess of $350,000 were spent in engineering, surveying, land planning, architectural and other costs. Additionally, the cost of well drillers, soil boring tests and the well-known $360,850 given to the Village of Greenport as a downpayment on the water and sewerage service contracts to serve the property in addition to the sums paid for the installation and completion of the well are hard economic facts. In September of 1986 the Planning Board approved the site plan subject to the filing of performance bonds, additional covenants and restrictions and insurance policies. In 1987 the Town adopted the Hamlet Density Residential (HD) District, which we believe is comparable to the then existing "M" light Multiple Residence District, and, of course, there was no objection by my clients at the time of its adoption_ I should point out to you that on December 23, 1985 Mr. Edward Hindermann, then Building Inspector for the Town of Southold, certified an amended site plan showing 350 units and amenities as meeting the zoning regulations that then existed. In reliance upon the Town's actions in this matter, a contract was executed between the Village of Greenport and Greenport Development Corp. dated March 7, 1986, which required the installation of a water supply well, water and sewerage mains, fire hydrants and sewerage collection lift stations, and further provided for the connection of the water supply and sewerage collection systems with the Village of Greenport water and sewerage treatment systems. That contract required a payment to the Village of at least $1,804,250, of which $360,850 had been paid at that time. That well was actually developed and in place when the Village of Greenport defaulted in its obligations, resulting in substantial litigation which only recently was resolved by stipulation requiring the Village of Greenport to essentially honor its agreement to provide the necessary sewerage collection systems. The well, which had not been used for a protracted period of time, pending litigation, was revitalized at some substantial cost and is imminently to be dedicated to the Village of Greenport_ On Septeraber 23, 1986 Bennett Orlowski, Jr., Chairman of Southold Town Planning Board, advised that there was a resolution Thomas Wickham, Page 4 March 21, 1994 Supervisor of the Planning Board dated September 15, 1986 approving the site plan for the "Breakers at Lands End" which, in fact, confirmed a 350 development. Following the 1986 resolution of the Southold Town Planning Board, covenants and restrictions dated November 26, 1986, and recorded on February 11, 1987, were agreed to and these required that all roads within the property were to remain private and not be dedicated to the Town of Southold. On February 10, 1987 and in the spring of that year, the Southold Town Planning Board adopted a resolution for approval of $100,000 performance bond for bluff plantings. On August 10, 1987 there was agreement with the Southold Town Planning Board concerning on-site inspections and engineering reviews with an agreement that the owner would reimburse the Planning Board for inspections and engineering reviews up to $25,000 and $5,000 had previously been paid on August 5, 1986. On November 19, 1987 the Town of Southold Building Department issued a building permit to construct a foundation for a recreation center, as well as a permit to construct a foundation for Building #76. ultimately, and on January 30, 1991 the Town of Southold issued a Certificate of Occupancy for Building #76. On September 1, 1991, New York State D_E.C. issued its permit which expires on September 1, 1996 permitting the construction, modification and additions to the existing waste water treatment facility. On January 21, 1992 the New York State D.E.C_ issued a permit which expires on January 31, 1997 permitting the clearing and filling within 100 feet of fresh water wetlands; and on February 12, 1992 a declaration of covenants and restrictions which was recorded on March 2, 1992 and required by the New York State D.E.C. dealt with the existence of fresh water wetlands in the north central portion of the complex. I am quite certain that I have not included all of the conduct of the Town of Southold which resulted in very substantial expenditures in an effort to develope the property as a 350-unit planned-unit development. It would be fair to say that in my view my client has vested rights which are substantial and are constitutionally protected at this juncture. New York law would seem to be clear that where a more restrictive zoning ordinance is enacted, an owner will be permitted to complete development which an amendment has rendered non-conforming and where the owner has undertaken substantial expenditures prior to the effective date of the amendment. The owner in this case has expended a very substantial sum of money in the course of this development, as is indicated in this letter, and I would suggest to you that the Thomas Wickham, Page 5 March 21, 1994 Supervisor controlling law is governed by Ellinqton Construction CorD. Zoninq Board of ADDeals of the Incorporated Village of New HemDstead, (Ct. App. Dec. 20, 1990), 77 N.Y_2d 114, 564 NYS2d 1001. We are further of the view that the rights which currently inure to my client areso substantial that in the event the Town of Southold were to rezone this property by legislative fiat, there would violations of the fifth and fourteenth amendments to the Constitution of the United States, and in addition it is our view that there would be liability on the part of the Board for violations of constitutional rights giving rise to claims pursuant to 42 U.S_ Code §1983_ I recognize that the legislative process is one which involves public hearings and due consideration by the legislative body; however, it would seem to be clear that the announcements being made to the media indicate a very clear intention to seek to rezone my client's property. The net result of these announcements is, in my judgment, negative for the property and its marketability. I would like to reiterate that both my client and I are fully prepared to meet with you to discuss this matter further, and certainly it is our fervent wish that we not be placed in a position of having to engage in litigation. JPB:alh cc: Mr. Arnold Wolowitz Very truly yours, BRACKEN & MJkRGOLIN /J,.,0hn P- Bracken v /C/ soc,^T S ENVIRONME.'r% CO.SOL'rA.TS March 18, 1994 Ms. Valerie Seopaz Senior PJnnner Town of Southold Main Road Southold, New York 11971 P~posad ~ o~ Zone oa To~m B~rd's Own Motion J/s CR 48, 1,L39 ~ e/o Sound ~ Gr~enport 1000-3~-l.2~/Parc~ #4 Dear Valerie: As requested by the Town Board, EAF Parts I and 1I have been prepared for the 132.08 acre s:te located on the north side of CR 48, 1,139 feet east of Sound Road in Greenport. As part of ourpreparation of the EAF Part I we carried out a field inspection of the site on March 14 and 20, 1994. In our analysis of the site we also ufili:,ed a diversity of resources (test hole data, recent aerial photography, site plans, natural resource maps, soft survey, etc.). .. T~..e site is large but ~ of the .e~isting conditions it is relatively accessible. Field mve.su.g.auous were. concemxateo m areas that' after review of various resources, suggested ~se .~ l~Vi.t~, and. e .n~ronment~. significance. The following is a summary of our findings from oom nelo anO rexerence rewew. The site has a mix of habitats that: .... suggest various degree of past human disturbance and land use pracuces, tn.ese n.a. Dlm_ts range from open field and exposed so/Is to mature forests. Also observed, ano wormy ot noting., was the presence of 100+ year old beech forest which suggests that that section of the site was not previously disturbed. Two freshwater wetland areas were also identified. One of these wetlands corresponds with the desia~ated oW~ fo~.d o? the .~W~SD.EC.Te?~Ov.e ~. r. es.~?~er w?.ti~, d Maps (#a._P-n) ana the o er a xeme nmepono, r~COml~Cm, t,i~ xeme nole porto is me most s~gnificanfly unique of th.e two wefl&uds. The faa that it is aot identified on the NYSDEC maps is not unusu/l for thr~ are_a.. It ~s our unde,rs,tan~ '.di~ that the NYSDF, C has not completed the review of their maps. It ~s a~o assumex~ mat me NYSDEC would identif~ a larger portion of the site as fr .e~.w~.te.r w.e.t~..., ds. It s~.ould..be.noted ~.t the NYSDEC wet, rids maps were developed pr~.,ap.any mm m, ,e,use o.x aerial p..noto~r.al~nS..~Th[ough th~s. method, th.e boundary of the ~eU. an/I area coma nave veen easuy m,g-laeotl/le~l where oeuse vegetation is present on th/s The observed plants included the foUowing: oak, mnple, beech, multiflora rose, ~righOundsel, bayberry, golden rod, mulberry, privet, sumac spp., mountnln laurel, phragrnites, bush blueberry, red maple, and tupelo. The last four are principally assodated with the 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 'HIP COZ T~m's ih~:al 4 other paris of the site as well. The area surrounds. ~e kettle ho e pon. ..co considered a climax forest, where the tr? are primarily beech. There ~s little understory, with the exception of mountain laurel which is also noted in the area to the east of the pond. Suffolk County, the soil on this site According to the Soft Survey of · in the order of appearance is as follows; Haven loam, Riverhead sandy loam, Plymoum loamy sand, Carver and Plymouth sands, and Muck. The presence of Haven loam is the most prevalent moderate limitations for the construction (approx/mately 60~ of the.site) present slight and of'homes, streets and pipelines. The presence of Riverhead lonm which covers apprimimately 15% of the site presents severe limitations for the construction of streets and moderate limitations for the construction of homes. The soil was observed to have a high concentration of day. The Muck soils are usually associated with wetlands. With the diversity of habitats found on the site there is a high density of wildlife both observed .and expected. During our field inspection we observed the presence of a northern harrier which are listed on the State register as a threatened species. These rapors rely on habitat similar to what is found on site. Intensive development of the ex/sting habitats would sigll/6cantly ira?act species which rely on open habitat. This site also contaim potential cultural resources. The existence of potable water (freshwater wetlands), protected micro-climate areas (southerly exposed hill.~ides~ and easy access to Long Island Sound would suggest an ideal location for aboriginal sites. It should be noted that during field inspe~. 'on a tertiary quar~ flake (waste product of stone tool manufacture) was found on site just north of the northern freshwater wetland. This find contributes to cultural hypothes~s. In addition the is suspected to contain historic cultural As part of development that was al~parently undertaken on the site sometime in the part there were observedexisfing foundations east of the northern wetland and a large excavated area in the southern central part of the site. This excavated area is approximately 4 acres in size and could be the location for apr.e¥iously planned man-made pond. Material is apparently still being mined from the site. Evidence of recent equipment operation was observed. These ~ndings suggest that any development on this site will have environmental ira.tracts. OLtr initial impression is that rezOl~in~ to 'R-80* residential will provide a signi~cant increased measure of protection for the environment thnn the ~I-ID" ~Onin~ nOW provides..F_~.ces~.ve development of a site with so many valuable coastal resources and delicate hahtats ~s not in conformance w~th the Town's Master Plan or is it in the best interest of the environment. Furthermore, we have reviewed the do~,rrmnt prepared by the staff, "Rev/ew of Hamlet Dem~ Zoning in &mthoid Tom~ - Report to the Town .Bo~d,~' dated Febrnav/1994. We concur with the recommendations rn,Tu~ in that doo~ment, to 'Rezone the properly to a lower density residential use that better protec~ the coaxtal re.n~rce~... , ~3iven the size of the parcel and the diversity of habitats we would like to recommend a more detailed/nvest/gation of the site. However, there is sufficient information and support for the Town to consider the proposed change of zone as proposed. For thc most 'lilY' COZ Tram'. Owu Molto~ provide any more information w~th regard to the above or ff you wish/g~ c~nduct further ~nvestiEations of this site, please contact us. /~ ' ///~ W. Cromer, ASLA Enclosed: EAF Pm1 1 & H ~/ ~// CRAMER, V~. ~/~SOCIATES ENVIRON M ENT~,,~,~G CONSULTANTS 1 ,~'1b-2 (2~87)- ?c ~17.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full E^F is designed to help applicant~ and agencies determine, in an orderly manner, whether a project or action may be significant. The question-of whether an action may be significant is not always easy to answer· Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full E^F is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides oblective data and information about a given project and i~ site. By identifying basic project data. it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Idenlify the Porlions of EAF completed for this project: ~ Part 1 -_ Part 2 [-1Part 3 Upon review of the information recorded on this EAF (Pares 'I and 2 and 3 ~f appropnate), and any other supporting information, and considering both the magitude and importance of each impact, it ~s reasonably determined by the lead agency that: '---- A. The project will not result in any large and important impact(s) and. therefore, is one which will have a significant ~mpact on the environment, therefore a negalive declaralion will be prepared. = B. Although the proiect could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the m~tigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ---- C. The prolect may result in one or more large and important impacts that may have a significant impact on the enwronment, thereiore a posili','e declaration will be prepared. · A Conditioned Negative Declaration ~s only- ;.ahd ~or UnhsLed Actions Change of zone for SCTM# 1000-35-1-25 Name ol Action Town of Southold Town Board Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer S~gnature of Responsible OIf,cer ,n Lead Ag.enc~ Srgna~ure ol Preparer (If d,fterent [rom responsible officer) PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is desiined to assist in determinini whether the action proposed may ha',,: a significant effect on the environment. Please complete the entire form, PartJ A through E. Answer~ to these questions will be considem,' as part of the application for approval and may be subject to further verification and public review. Provide any additiona. information you believe will be needed to complete Pard, 2 and 3. It is expected that completion of the full EAF will be dependenron information currently available and will not involv~ new studies, research or investigation. If information requiring such additional work is unavailab[e, so indicate and specify each instance. NAME OF ACTION Change of zone for parc~,] at SCTM~ 1000-35-1-25 n/o CR 48, approximately 1,139 ne/o Sound Road, Greenport Town of Southold Town Board ~16 ) 765-1991 53095 Main Road ADDRE.~ CFI'Y/PO Southold NAMEOFOWNER(If~Ulerenl) ~BV Proporties 898 Veterans Memorial Highway, Suite 210 Hauppauge DESCRI~IONOFACTION Change of zone residential on Sound Road. STATE ZIP COOE NY 11971 BUSINESS TELEPHONE ( STATE I ZIP CODE ~¥I 11787 by motion of the Town Board from HD to R-80 this 132.08 acre parcel located on CR 48 east of This parcel contains wetlands as designated by N,sD.C. Please Complete Each Queslion-lndicale N.A. if no! applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: rqUrban ~lndustrial ~t~Forest [DAgriculture 132.08 2 Iota] acreage of proiect area- APPROXIMATE ACREAGE Meadow or Brushla.d (Nor,-a§ricultural) Forested Agricultural (IncJudes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of Water Surface Area Unvegetated (Rock. earth or fill) Roads, buildings and other paved surfaces Other (Indicate t3, pe!_ lands ~apin9 ~Commercial ~]Other acres. HaA,':iHaven QResidentialCsuburban vacant/old field L--] Rural [non-farm) 3. Wha~ is predgminant soil t¥c~s) onoro~ect site? 3-~% AIQD~S) , RdA,B, C (Rive::head sandy loa~n 0-3 3-8,8-15~) PIC~ PlYmouth Ic~a_my sang ~pE _~arver?Plymouth sands anG P~u a. Soil drainage: ~DWefl dra ned ~b % of s~te E_lModerately welt dra ned % of site ~Pc. orly drained 5 % of site b. If any agricultural land ~s involved, how many acres of soil are classified within soil group '1 through 4 of the Land Classification Systernl NA acres (See '~ NYCRR 3701 PRESENTLY AFTER COMPLETION 72.493 72.493 acres acres 45. 877 acres 45 . 877 acres acres acres 3. 099 acres 3. 099 acres acres acres acres acres .692 .692 acres acres 5. 430 acres 5. 430 acres loam-O-3% slopes) HaB (Haven loam 5 Approximate percentage of proposed. :jeer site with slopes: ~30-10% 70 __ % O10-15% 25 [-115% or greater 5 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ~Yes l-]No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarksi' I-lYes /~No + 8. what is the depth ol the water table? 3-28' [infect) ?erched water at 0 feet on s£te 9. Is site located over a primary, principal, or sole source aquiferl' 'l~Yes I-]No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? /l~Yes E]No' 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Crgmeri VoorhJ_~ & ,~.ssociate$, [3Yes f-INo According to Identify each species Northern Harrier, other raptors expected. 12. Are there any unique or unusual iand torres on the project site? li e.. cliffs, dunes, other geological formations) ~Yes E]No Describe Bluffs, cliffs descend±ag to beach, Kettle Hole Pond 13 Is the project site presently used by the community or neighborhood as an open space or recreation area? I-lYes [~No If yes, explain 14. ' Does the present site include scenic views known to be important to the community! ~LYes [~No 15, Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary '16. Lakes, ponds, wetland areas within or contiguous to project area: + a. Name NYSDEC # GP-11 and Lond Island Soun~ Size (in acres) 3 acres (wetland area) ~7. Is the site served by existing public utd,t,es? [:3Yes ~No for HD zoning a) If Yes, does sufficient capacity exist to allow connection? ,-2, Yes ~No Green~ort utilities b) If Yes. will improvements be necessary to allow connection? ~Yes '--Nocurrentlv un,tier stress . '18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law. Article 25-AA. Section 303 and 304? ~Yes ~No 19. Is the site located in or substantially conhguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6'177 :Yes ~No 20 Has the site ever been used for the disposal of solid or hazardous wastes? 'lYes '-:No anknown B. Project Description Project is a proposed 1 Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor b. Project acreage to be developed: NR acres initially; c. Project acreage to remain undeve!oped NA acres. d. Length of project, in miles: NA (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; proposed rezoning 132.08 NA acres ultimately. NA %: NA g. Maximum vehicular trips generated per hour h. If residential: Number and type pi housing units: NA One Family Two Family initially Ultimately i Dmmenslons iln teetl of I~rgest proposed structure ~ (upon completion pi project)? [,IA Multiple Family Condominium _ height, wld:h lengrh ,.:., :, ,,, ,:. 1450_+': 0 ' ton~cubic yards 2. Now much natural material (i.e.. rock. earth, etc.} will be removed fro~ the slier 3. Will disturbed areas be reclaimed? C1Yes f=lNo IglN/A a. mi yes, for what intend . purpose is the site being reclaimed~ b_ Will topsoil be stockpiled for reclamationt' I"lye~ ENo c. Will upper subsoil be stockpiled for reclamation~ i-lYes l-lNo 4. How many acres of vegetation (trees. 'shrubs. ground covers) will be removed from site~ 0 acres. 5 Will any mature forest (over 100 ye,~rs old) or other Iocally-importanL vegetation be removed by this project? OYes ~No Project is proposed change of zone. There exists mature forest r ' Qn_site which [~a~z be effectedNA by dev.elopme~t an Rresent zoning. 6. If sinile phase p olecr: .',nt,opatea penoo o! construction months. (including demolition). 7. If multi-phased: b~A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month year. (including demolition). year. ; after proiect is complete OYes ~No If yes. explain d. Is phase I functionally dependent on subsequent phases? f-lYes 8. Will blasting occur during construction? i-Wes DNo 9. Number of jobs generated: during construction NA 10. Number of jobs eliminated by this project NA 11 Will project require relocation of any projects or facilities? 12. Is surface liquid waste disposal involved? OYes I~No a. If yes, indicate type of waste (sewage. industrial, etc) and amount b. Name of water body into which effluent will be discharged 1.3. Is subsurface liquid waste disposal involved? ~)Yes .[~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain 15. Is proiect or any portion of project located in a 100 year flood plain) ~]Yes 16. Will the proiect generate solid waste? I-)Yes ~No a. If yes. what is the amount per month tons bm If yes. will an existing solid waste facility be used? I-lYes I-1No c. If yes. give name ; location d. Wi]] any wastes nol go into a sewage disposal system or into a sanitary landfill? e. If Yes. explain l-lYes ONo 17. Will the project involve the disposal of solid waste? OYes ~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes. what is the anticipated site mile? years. 18. Will project use herbicides or pesticides? OYes ~)No 19. Will 20. Will 21. Will project result in an increase in energy use? OYes ~No If yes . indicate type(s) 22. If water supply is from wells, indicate pumping capacity NA 23. Total anticipated water usage per day ~]A gallons/day. project routinely produce odors (more than one hour per day)? F-Wes Ik'lNo project produce operating noise exceeding the local ambient noise levels? i-Wes gallons/minute. J~No I~Yes I-INa ~No 2iS. ,l~pp~aLi Jequire~: City. Town. Village Board ~]Yes r-INo City, Town, Village Planning Board OYes f-INo City, Town Zoning Board C)Yes I-INo City, County Health Depa~ment C]Yes I-1No Other Local Agencies OYes I-INo Oiher Regional Agencies F']Yes E3No State Agencies OYes i'-lNo Federal Agencies 0-1Yes I-INa Change of Zone Submittal C. Zoning and Planning inlormatlon 1. Does proposed action involve a planning or zoning decision? I~Yes tho If Yes, indicate decision required: I~zoning amendment I-Izoning variance I-Ispecial use permit ~subdivision I-Isite plan r-lnew/revision of master plan Oresource management plan Oother HD 2 What is the zoning classification(s}of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Without public sewer service, 280 units/ with public sewer, 561 units 4. What is the proposed zoning of the site? R-80 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 64 units 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes []No 7 What are the predominant land use{s) and zoning classifications within a '4, m,le radius of proposed action? Historic/LB, Golf course/R-8O, Vacant land/R-80 & HD, Residential/R-40 ,Va~Lant resi,dential office/Office .zoned, v, acant land/~-80 8 is tne proposea action compat~ole wJtrl aolOinln~Jsurrounolng land uses witrlin a '/4 mile? ~Yes ~No 9 if the proposed action is the subdivision of land, how many lots are proposed? NA a. What is the minimum Jot size proposed? 10 Will proposed action require any authorization(s) lot the formation of sewer or water districts? ~lYes ~)No 11 Will the proposed action create a demand for any community provided services (recreation, education, police. fire protection)? I~Yes ~No a. If yes. is existing capacit~ sufflCmnL to handle projected demand? ~'fes ONo 12 Will the proposed action result in the generation o[ traffic significantly above present levels? OYes ~No a If yes, is the existing road net. york adequate to handle the additional traffic? [Yes I--INo D. Inlormational Details Attach any additional information as may be needed to clarify your proiect If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and -the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. ^pplicant/S ' ' - ~L,\r~'~ v~ C.'~...~ ~b~'~.~!_ ~'~%'~."~ , Date Pitt 2---ROJECT IMPACTS AND THEIP 'IAGNITUDE Req~om~blUty of Le. zdl AIe~T General Informatlo~ (Read Carefully) · In completlni the form the reviewer should be guided by the question: Have my responses and a'.terminations been realoaablel The reviewer is ne4 expected to be an expert environmental analyst. · Identifyinl that an impact will be potentially large (column 2) does not mean thai it is also necessarily tJIrdiicaw(. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked it further. · The Eumples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of mainitude that would uiMer a response in column 2. The examples are ~enerally applicable thzouihout the State and for most situations. But for any specific project or site other e~amples ar~o~ lower thresholds may be approp6ate for a Potential Large Impact reslxmse, thus requiring evaluation in Part 3. · The Impacts of each project, on each site, in each locality, will vary. Ther~f(xe, the examples are illustrative and have be~n offered as guidance. They do not co~stitute an exhaust~,~ iisi cd impac~ and thresholds to answ~- each ques~:~. · The number of examples per question does not indicate the importance of each question. d, In identifying impacL~, consider long term, short term and cumlative effects. In~lructlor~ (Read carefully) a_ Answer each of Lhe 'icj questions in PART 2. Answer Yes if the~e will be aR impact b. Maybe answers should he considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 'i ~ 2) to indicate the potential size of the impact If impact threshold equals or exceeds any example provkSed, che~k column 2. Ii impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider' the impact as potentially large and proceed to PART 3. e_ If a potentially large impact checked in column 2 tin be mitipted by changers) in the project to a small to moderate impact also che~ b~e Yes box in column 3. A No response indicates that such a J~,~duction is not po~s~le. This . must be explained in Part 3. IMPACT ON LAND .... I. Will t~e prcq:msed action result in a I~y~cal chan~e ~o the project site~ ~NO F1yEs Example~ that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise ~ 1010 n f(x)t of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feel · Construction of paved parking area for 1,000 or more vehicles. ~--J · Construction on land where bedrock is exposed or generally within [] 3 feet of existing iround surface. · .Construction that will continue for more than 1 year or involv~ more [] than one phase or stage. · Excavation for mining purposes that would remove more than 1,0OO [] tons of natural material (i.e., rock or soil) p~r year. · Construction or expansion of a sanitary landfill. [] · Construction in a designated floodway. [] · Other impacts Change of zone will minimalize [] potential impacts through lower densitv. 2. Will there be an effect t,. _.~y umque or unusual land forms found on the site? (i.e. cliffs, dunes, geololical formalio-ns, etc.)~NO [:}YES · Specific land forms: I 2 3 S4~all to Potential Can Impact Be Mod~ate Large Mitigated By - -'C~-' impact Project Ctta~ge [] (-lYes [~No [] Byes UNo I-1 ny~ (DNo O [-]Yes ONo [] OYes ONo O OYes UNo O OYes ONo [] OYes ONo O OYes ONo [] OYes ONo r~ IMPACT ON WATER 3 Will proposed action affect any wate~ body desiinated as protecLed~ (Under Articles 15, 24, 25 of the Environmental Conservation Law. ECL) I~NO [:)YES Examples that would apply to column 2 · Developable area of site contains'a protected water body. · Dredging, more than 100 cubic yards of material from channel of a protected stream. · E~te~sion of utiliw distributkm faciliti~ through a p~3tected water body. · Construction in a desiBnated freshwater or tk:lal wet[ar,cl. Sm~ll to Moderate Impact · Other impact~: Lower density throughthe chanc~ of zone will minimalize potential impacts to wetlands on site. 4. Will proposed action aflect any non-protected existinll or new bo~y of waled il]NO OYES Examples that would apply to column 2 · A 10% increase or decrease in the sudace area of any body of water [] or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. [] · Other impact3: [] 2 Potential Large Impact [] [] [] [] [] 3 Can Impact Be Mitigated By Project Change OYes ON• OYes ON• OYes [-]No [-]Yes ON• ayes [:]No OYes ON• OYes ON• OYes ON• 5. Will Proposed Action affect surface or aroundwater qu,~lity or quantit'y~' I~NO OYES that would apply u~ colurt~ 2 E~arr~tes · Propo~,'d Action will requir~ a disch~ri~ permit. [] · Proposed Action requires use of a ~o~rce of water that does not [] have approval to serve pmposecL(pm~ct) action. · Propo..~ Action requires water supply from wells with ereater than 45 [] aallo~s per minute pump~n~ ~apac~'y. · Co~s'tructio~ o~ o~eratio~ cau~ini ~ contamination of a water I-~ supply system. · Proposed Action will adversely affect iroundwater. [] · Liquid efHuent will be conveyed off the site to facilities which presently [] do not exist or have inadequate cap. city. · Proposed Action would use water in excess of :~:).CC~) loll•ns per [] day. · Proposed Action will likel" ~_~u,e siltation or other discharie mc• an ~ existini body ol wa[e~ ~u d-,e ~_,tunt that there will b~ an ob¥ious visual contrast to natural condition~. · Proposed Action will require the stora~e of petroleum or chemical [] products Ereater than 1.100 Eallons. · Proposed Action will allow residential uses in areas without water [] and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may [] require new or expansion of existinl~ waste treatment and/or stora~e facilities. · Other impact3: [] 0 [] 0 O [] [] [] [] [] [] OYes ONo OYes ONo OYes J-]No OYes [3No [-]Yes [:]No [-]Yes I~No [-]Yes []No ,.~ Yes [=]Yes •No [DYes []N, OYes ON, OYes FIN ~. Will proposed action alter drainage dow or patterns, or surface .. water runof{~' [zz t,p~et · Proposed Action · Proposed Action · Proposed Action · . Other impact~: change of may CaUSe substantial erosion. is incompatible with existing drainage patterns. will allow development in a designated Iloodway. Poor soil. Lower density thro~lgh a zone will decrease potential run-off situations . IMPACT ON AJR 7. Will proposed action affect air quality~ I~NO OYES Examplel that would apply to column 2 · Proposed Action will induce 1,O00 or more vehicle t~ips in any given hour. · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. p~r hour or a heat source producing more than 10 million BTU's per ho~r. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existini industrial areas. · O!.J~r impaciJ: Small to Moderate Impact [] 0 [] [] O O [] 0 2 Polantlal Large Impact O [] 0 [] [] [] 0 [] 0 [] Can Impact Be Mitigated By Project Change l-lYes ONo OYes nNo OYes I-]No OYes ONo OYes [-]No OYes nNo OYes ONo OYe~ ONo C3¥e~ ONo IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any tl'treatene~ o~ endanlered species? NO I~YES I:~ample~ that Would apply to column 2 ' · Reduc13o~ of one or more spec~e~ listed on the New YoM o~ Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitaL · Application of pesticide or herbicide more than twice a year. other than for agricultural purposes. · Other impact' Change of zone will help protect habitat of the northern harrier which is on the State's threatened,,specie~s list,. 9. Will Proposed Action substantially anect nommreateneo or non-endangered species? [~NO [~YES Ezamplet that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal ol more than 10 acres of mature forest (over 100 years of abe) or other locally important vegetation. iMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources? J~INO OYES Eaampl~ that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land (inc)udes cropland, hayt,eldt pasture, vine,~ard, o-rch~rd, etc.) [] [] [] [] [] [] [] [] 0 [] [] [] F'ly~ '[-]No E3Yes nNo E~Yes []No [3Ye~ []Yes ONO OYes []No ~}Yei []No · Cm~struction activity would excavate or compact the ~oil profile of airicuhural land· · The proposed action would irreversibly convert more than 10 acres of agricultural land or. if located in an Agricultutal District. more I~an 2.5 acres of agricultural land. · The proposed acU<~ would di~upt or prevent installatio~ of airicultural land management systems (e.~.. subsurface drain lines, outlet ditches. strip cropping]; or create a ne~,,d for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: Small to Moderate Impact [3 2 Potential Large ImDect O Can Impact Be Mitigated By Project Ctmnge DYes 1-11,4o []Yes aN• []Yes I'-INo []Yes t-IN• IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? 5ilNO DYES (If necessary, use the Visual EAF Addendum in Section 617.21. Appendix B.) ' E,amples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land u~e patterns, whetJ'~r' man-made or natural. · Proposed land uses, or project components ~sible' to usen of aesthetic resources which will eliminate or siEnificantly reduce their · enjoyment of the aesthetic qualities of that resource. Project components that will result in ~ elimination or siinificant · creeninB of scenic views known to be important to ~ area. · Other impacts: [] [] [] [] [] [] [] OYes ['-] No []Yes []No ['-]Yes []No ["]Yes 1"11'4o IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importancet' ~NO DYES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any I'acili~ or site listed on the State or NationaJ Regisier of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: Evidence of historic resources on site. Excessive density ma%' limit benefits from these resources. IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of exisLing or future open spaces or recreational opportunities~ E,amples that would apply to column 2 (~NO C]YES )The permanent foreclosure of a future recreational opportunity. '"'~ A maior reduction of an open space imporl, ant to the corrtmunJt-y. · Other impacL~: __ [] [] [] 0 [] [] [] [] [] [] [] [] []Yes ON• []Yes •No OYes ON• OYes {-')No []Yes ON• []Ye []No [:}Yes t--}No 1 2 IMPAOT ON TRANSPORTATION ~ell to Potential 14. Will there be an effect to existinI transportation systemsf Moderate Large [~NO OYES Impact Impact Exampl~ that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. [] O · Proposed Action will result in major traffic problems. O . O · Other impacts: [] Can Impac~ I~ Mltlg&t~d By Project Change BYes I-IN• OYes ON• OYes ONo IMPACT ON ENEROY ' 15. Will proposed action affect the community's sources of fuel or energy supply~ ~NO OYES Esamples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of [] any Iorm of energy in the municipality. · Proposed Action will require the creation or extension of an eneriy [] transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: [] [] 0 []Yes [~No I-lYes []No OYes NOISE AND ODOR IMPACTS 16. Will there be objectionable odo~, noise, or v/brat/cra as a result of the Proposed Actlc~ ~NO . r-lYESr ..~ - Eumple~ that would apply to column 2 · Blasting within 1.5CX3 feet of a hospital, school or other sensitive O facility. · Odo~ will occur routinely (more than one hour per day]. [] · Proposed Ac~:~ will produce oper~t.ing mo/se e:~ceeding u -foc;I-.. .O ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a [] noise screen. · Oth~r impacts: [] [] O O O E) I~lYes t-lNg OYe OYes []No I')Yes []No OYes IMPACT ON PUBLIC HEALTH 17. will Proposed Action affect public health and safetyi' ~il~ NO OYES Example-~ that would apply r• column 2 · Proposed Action may cause a risk of explosion or release of hazardous [] substances (i.e oil, pesticides, chemicals, radiation, etc.) in tl'~ event o! accident or upset conditions, or there may be a chronic Iow level discharge or emission · Proposed Action may result in the burial of "hazardous wastes" in any [] form (i.e. toxic, poisonous, highly reactive, radioactive, irritatin& infectious, etc.) · Storage facilities for one million or more sail•ns of l/quilled natural [] gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance FI within 2,(X~ fe~t of a site used for the disposal o! solid or h~zardous · Ot~r impact~: [] [] [] [] [] OYes i-]Nc []Yes ON, OYes ON, OYes ON' OYes ON 1 2 IMPACT ON GROWTH AND CHARACTER Sm&Il to Potential OF COMMUNITY OR NEIGHBORHOOD Moderate t.~rge 18. will proposed action affect the character of the existing communi~y~ iml~cl Impact ~klO ~YES izampfe~ that would apply to column 2 * The permanent population of the'city, town or village in which the r-] [] project is located is likely to grow by more than 54. · The municipal budlet fm capital expenditures o~ operatini services [] [] will increase by more than 5% per year as a re~uh of this project. · Proposed actio~ will conflict with officially adopted plans or goals. [] [] · Proposed action will cause a change in Lhe ~nsity of land use. ~ [] · Proposed Action will replace or eliminate existini facilities, structures 0~ [] or areas of historic importance to the community. · Development will create a demand for additional community services [] [] (e.g. schools, police and fire, etc.) · Proposed Action will set an important precndent for future projects. [] [] · Proposed Action wilt create or eliminate employment. [] [] · Other impacU,: [] [] 3 Can Impact Be Mitigated By Project Change []Yes []No I-lYes i--lNo []Yes I-'1 No []Yes I~INo []Yes []No []Yes ONo OYes I~No i-lYes []No []Yes ['-I N o 19. Is there, or is there likely to be. public contr5ver~y related to potential adverse environmental impacts~' {~[NO [:)YES If Any Action In Part 2 la Identified aa a Potential Large Impact or II You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility ol Lead Agency Part 3 must be prepared il one or more impact[s) b, con~Jdered to be potenliall¥ larle, even if the impact[s) may be mlllpled. In~r uc'tlo~ts Discuss the following for each impact identilied in Column 2 of Part 2: 1. Briefly describe the impacL 2. Describe [if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is importanl. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O Box 1179 Somhold, New York 11971 Fax (516) 765-1823 Telephone (5161 765-1801 March I0, 1994 Thomas W. Cramer, ASLA Cramer, Voorhis & Associates 94 North Country Road, Suite 2 Miller Place, New York 1176/4 Dear Tom: This is to confirm that the Southold Town Board, at their regular meeting held on March 9, 1994, adopted a resolution accepting your proposal to prepare Long Environmental Assessment Forms for six proposed rezonings to be undertaken on the Town Board's own motion. A certified copy of the resolution is enclosed. Very truly yours, Judith T. Terry Southold Town Clerk Enclosu re cc: V. Scopaz, Senior Planner JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11071 Fax (516l 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 8, 199q: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Cramer, Voorhis & Associates, dated March 8, 1994, at a total sum not to exceed $1,200.00, for the preparation of Long Environmental Assessment Forms for six (6) proposed rezonings to be undertaken on the Town Board's own motion. Judith T. TerryC/ Southold Town Clerk March 9, 199q March 8, 1994 Ms. Valerie Scop~ Planner Town of Southold Main Road Southold, New York 11971 RE: Proposal for Services Preparation of Long Environmental Assessment Forms (EAF) for Proposed Hamlet Density Zoning in the Town of $outhold Dear Valerie: Pursuant to your request, th.e following will s.e. rve as a proposal for services with regard to the above referenced. It ~s our understanding that the Town Board wishes to consider the¢ossible rezomng for six undeveloped parcels from Hamlet Density (HD) to Residence-$0(R-80). This proposed action is a result of the study prepared by you and the staff, entitled '~evieCv of Hamldt Der~iO~ Zoning l'~ the Town of $outhold'; dated F. ebmary 1994. The following ar~ the six p~¢els that will be considered in the public hearings: $CTM~ 100-40-3-1 100-40-4-1 100-35-1-25 100-45-2-10.~ 100-45-2-1 100-35-1-24 Hamlet Location Greenport, umncorp, Greenport, unmcorp. Greenport, umncorp, Greenport, umncorp. Greenport, umncorp. Greenport, umncorp. Acreage 17.1 10,55 132.08 20.07 1.2 62.3 CVA proposes to complete the Long EAF neces, sary fo,r coordination with other involved agenc!es under the State Envtronmental OuahtyRew. ew, (SEQR) Act..We will also carp? out field inspections on each of the subject parcels to ass~t m the preparation on the documents. It is also our understanding that youhave certain information that will be made available to u~ to assist in the preparation of the Long EAF's. In conslderatmn of the above we esnmate that the preparanon of each Long EAF w~ll cost between $150.00 to $200.00, with a total sum of'not, to exceed $1,200.00, I hope you and the Board find the above proposal acceptable. If there are a.ny ouestions with the above please feel free to comact me. If the Board authorize~ th~s ~roposal, please let me know and we will begin work immedlatel~ as I u. nderstand that the ¢ub'~ic hearing will be set for March 22. Thank you for your cons~deratmn of CVA and I hope to hear t~rom you shortly. _ .~ ., Veryt~ y u~rs, ~~ ~V. Cramer, ASLA 54 NORTH COUNTRY ROAD, SUITE 2, MILLER pLACE, NY 11764 (516) 331-1455 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Benne~ Orlowsl~i, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 $outhold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 1994 Thomas W. Cramer Cramer, Voorhis Associates 54 North Country Road, Suite Miller Place, NY 11764 Re: Preparation of Long Environmental Assessment Forms for Proposed Hamlet Density Rezoning in the Town of Southold Dear Tom: The Town Board voted to retain your services as set forth in your March 8th Proposal for Services. Let my secretary, Martha, know when you will be here for the field inspection so that all the technical information can be assembled and ready when you arrive. You will find the enclosed copy of the Hamlet Density Report useful in providing some of the background information and the planning context of the review. When the LEAFs ar~ completed, please send them to Judith T. Terry, Town Clerk, since all rezoning petitions and billing for same are handled by her office on behalf of the Town Board. The LEAFs are needed for Tuesday, March 22nd, when the Town Board will begin the lead agency coordination process. Since the Town Board's work session starts Tuesday morning, the_.LEAFs should be in Mrs. Terry's office no later than Monday. Th~ public hearing probably will not be set until the environmental review is completed. I look forward to hearing from you shortly. Sincerely, Senior Planner cc: Judith T. Terry, Town Clerk F. M. Flynn P. O. Box 144 Southold, N. Y. 11971 - 0144 (516) 477 - 0698 . TO~YN 011 SOUTH,-, .- March 6, 1994 Supervisor Thomas H. Wickham Town of Southold Town Hall Hain Road Southold, ~1. Y. 11971 Dear 14r. Wickham: Re: Resort Residential as Alternative to HamIet Density ZOning at West Greenport For what my opinion may be worth, changing the zoning of the Geier parcel, or any of the HD parcels on the perimeter of the Village of Greenport, to an RR district would be a calamitous mistake. If the Town Board's intention is really to reduce the intensity of use in the area , with its concomitant increase in the demand for utilities and services, the result of such a change could very well have the opposite effect. Among the glaring weaknesses of the Southold Code is the number and diversity of Special Exception uses and the discretionary powers delegated to the Board of Appeals. The.eurr~t ZB~ represents ~he last v~$tige of the old .... regime, lnese bpeolal mxcep%lons, cOmOl~eG with the con~empia%eo change of zone, would.permit the ZBA to continue exerting the power to thwart or subvert the intent of the Town Board. Both HD and RR zoning districts permit residential use as a matter of right. The density for one family use in both districts is similar. The HD districts also permit two - family dwellings on plots twice the area of those required for one - family use. Analysis of the Special Exceptions provided for in the respective districtsreveals their degree of diversity. Wh~le these exceptions in HD districts provide for multiple dwelings, town. houses, row or attached houses, the density for each such unit is the same as for one family use. ~reased Both districts permit, as exceptions, bed and breakfast facilities, wineries and accessory apartments. The other Special Exceptions for RR districts however, are largely for commercial uses. Although two - family uses could be allowed ~ at an equivalent density to that of HD districts, historically, these RR districts have been developed for the more intensive commercial uses sucb as motels and tourist camps. RR exceptions also include free standing restaurants, marinas, yacht clubs, conference centers, clubs, golf courses, etc. The required plot size, per unit, for motels, hotels and conference centers is 4000 sq. ft. If, for example, the Geier property is actually ten and one - half acres, the yield would be approximately 114 motel units. Tourist camp use would provide a similar yieid. Considering the nature of the uses of comparably zoned property in the area, and the demonstrated propensities of the ZBA, it is hardly likely that rezoning any of these HD parcels would effectuate the Town Board's objectives. Further, this type of zoning, and its likely commercial use, would undoubtedly incur the disapproval of the Greenport village government. In closing, based upon investigate the actual approximately $150,000 as~ the nature of the my inquiries, I would suggest you circumstances surrounding the purportted advance to the Geir family as well previous use. You may also be interested to know that Councilman Lizewski was overheard extolling the benefits of RR zoning to the Geiers. Sincerely, P. S. Although the thrust of t~isMle[~is an attempt to point out the inadviseability of changing the zoning of any of the HD parcels to RR use, it is in no way intended to serve as an endorsement of their present HD zoning. The Master Plan's concentration of these HD parcels on the perimeter of the Village of Greenport represents a flagrant violation of the Master Plan's purported adherence to the hamlet concept of zoning. It is based on the spurious contention ~ntontion that adequate potable water and sewage disposal capacity are available. The foreseeable burden on area residents emanating from demand for services , as well as the inevitable increase in traffic, would prove both inequitous and unconscionable. EXECUTIVE SUM_MARY Review of Hamlet Density Zoning In Southold Town Report to the Town Board February 1994 This study was authorized by the TOwn Board in January of 1994. Its purpose was to assess whether undeveloped properties in Town that are zoned Hamlet Density (HD) are appropriately zoned. This study was undertaken as part.of the Town Board's ongoing commitment to implement the Town's Comprehensive or Master Plan. Part of this process includes evaluauing whether the current pattern or location of HD-zoned properties is furthering the Goals and Policy Objectives of the Comprehensive Plan. Ail vacant HD-zoned properties in the Town are reviewed in the report. They are listed below in the same manner that they are identified and reviewed in the report: SCTM# Hamlet Location Acreaqe %1 040-3-1 Greenport, unin. 17.1 #2 040-4-1 Greenport, unin. 18.55 #3 046-1-2.1 Greenport, unin. 3.5 #4 035-1-25 Greenport, unin. 132.08 #5 045-2-10.3 Greenport, unin. 20.07 ~6 102-1-33.3 Cutchogue 46.16 #7 045-2-1 Greenport, unin. 1.2 #8 035-1-24 Greenport, unin. 62.3 The report provides a planning policy framework within which to evaluate the available data about each parcel. The recommendations in this report indicate whether the current HD zone needs to be changed or left untouched; based on whether the zoning is in conformance with public planning policy, but 'without recommending specific zone chagges. REVIEW OF HAMLET DENSITY ZONING IN SOUTHOLD TOWN Report to the Town Board February 1994 PEVIEW OF H/~ILET DENSITY ZONING IN SOUTHOLD TOWN Report to the Town Board February 1994 INTRODUCTION: The purpose of this review is to study the current status of each vacant property that presently is zoned for Hamlet Density. The study includes an assessment whether that designation is in keeping with the intent of the Comprehensive or Master Plan for the Hamlet Density (HD) zoning district. Initially, this report will describe the reasons for the review. It then provides a detailed analysis of the pertinent policies of the Comprehensive or Master Plan affecting the Hamlet Density zoning and the history of the zoning that preceded it. Next, the report includes an analysis of the properties in a uniform manner. Each property is described as to its current physical location, including zoning. Each property is reviewed in terms of any current approvals and development. Each is analyzed as to its conformity with the Comprehensive or Master Plan and other pu]Dlic policies. Lastly, a recommendation is made as to the appropriateness of the zoning. NEED FOR THE REVIEW: The need for this review, evidenced itself in different ways. First, with one exception, the parcels to be reviewed have been zoned HD for long periods of time ranging from 5 to 36 years. Second, these properties are either undeveloped or under-developed. Third, seven of the eight parcels are located adjacent to or within close proximity to,the Incorporated Village of Greenport. The fact that these properties remained undeveloped over such long periods of time raised several questions: which ranged from why the properties were rezoned in the first place to why the properties remained undeveloped. The clustering of these properties adjacent to and around the Village of Greenport also raised questions as to the consistency of the Town's actions in context with its own Comprehensive or Master Plan. With one exception, the HD zoning designation was assigned to each parcel in response to a eetition by the property's owner. The rezonlngs occurred periodically, starting in 1958. The potential availability of public water and, in some cases, sewer, services from the Village of Greenport evidently was a factor consiaered by previous Town Boards in granting these parcels the HD zone. Ail but one of the undeveloped HD parcels either are adjacent or within close proximity to Greenport Village. The resulting pattern has had a significant negative impact on the Village of Greenport. The Mayor of the Village had a general discussion with the Town Board on January 4, 1994, in which he indicaned that the cumulative impact of the added density would not only strain the present infrastructure capability of the Village's public water and sewer systems~ it would increase Greenport's already disproportionate share of the Town's affordable housing units; a situation that was documented in Suffolk County's Equitable Housing Study of 1991. The Town has not undertaken a specific study of the appropriateness of HD rezonings since the Master Plan Update was conducted during the early 1980s. This review will look at the appropriateness of the HD zoning designation for those parcels that are zoned HD and that are undeveloped. This is in keeping with the Town Board's commitment to implement the Town's Comprehensive or Master Plan. Charged in 1992 with suggesting ways to implement this vision, the Town's Stewardship Task Force recommended to the Town Board, in September of 1993, that it "Revise the Zoning Code and Map to better comply with goals of the Master Plan". In conjunction with this recommendation, the Task Force also suggested to the Town Board that it "Review Zoning Map and revise to eliminate zoned districts which are incompatible with their present use and physical 2 context." This review is in response to those recommendations. AUTHORIZATION FOR REVIEW: The Town Board Resolution of January 4, 1994 states the reasons for this review, the Board's intent in authorizing it, and directs staff to carry out the study. METHODOLOGY USED IN ANAJLYSIS: CRITERIA FOR REVIEW: The methodology used Here reflects the purpose of this review which is to examine the eight vacant parcels currently zoned Hamlet Density and to determine whether they are appropriately zoned in relationship to the goals and objectives of the Town's 1984 Update of its Comprehensive or Master Plan, the 1991 Report of the US/UK Countryside Stewardship Exchange and the ongoing work of the Town's Stewardship Task Force. Each of the eight properties were reviewed systematically using the following format: Site Data Notable Physical Features and Limitations Surrounding Land Uses and Zoning Status of Development: Approvals and Infrastructure Public Policy Recommendation The Site Data section will identify the parcel by its Tax Map Number, its location and its acreage. Information ~bout the zoning and ownership history of this parcel will be presented here also. The section on Notable Physical Features and LLmitations will review the relevant, available environmental data and its significance or potential impact on the parcel's development potential. The Surroundinq Land UJes and Zoning section will describe the land uses and zoning of the surrounding properties, and will discuss 5he significance of those uses and designations for the subject parcel. The following section, Status of Development: Approvals and Infrastructure, will review the current status of any applications and approvals for the subject parcel. The Public Policy section will examine the appropriateness of the Hamlet Density designation relative to the vision set forth by the Town's Comprehensive or Master Plan Update in 1984, the 1991 US/UK Countryside Stewardship Exchange Report and the Stewardship ~ask Force's draft recommendations of 1993. The last section, Recommendation, will list a recommendation for either leaving the Hamlet Density designation or changing it. Public Policy in the Context of the Comprehensive Plan and the Zoning Code: Because the Public Policy sections of each case study presume an understanding of the Town's Comprehensive or Master Plan and of the Town's ongoing efforts to implement its vision, as well as an historical knowledge of elements of the Zoning Code itself, the following section has been included here. Its purpose is to provide a detailed analysis of the public policies that were considered in this evaluation of the pattern of Hamlet Density zoning in Southold Town. The Comprehensive Plan Southold Town has been engaged in an ongoing effort to implement the Goals and Policies of the 1984 Comprehensive or Master Plan Update as evidenced by the work of thm Stewardship Task Force (STF). Appointed by the Town Board, the STF has been charged since its inception in 1992, with the "study and exploration of amelioratory recommendations of the Southold Town Zoning Map and Ordinances, in order to foster and implement the ideals and goals of the existing Master Plan, incorporating the recor~nendations of the US/UK Stewardship Exchange." The recommendations of the US/UK Stewardship Exchange reflect the collective thinking of a team of eight professional planners who met with government officials and a wide range of community representatives about planning issues during July of 1991. They found six areas of agreement with the Comprehensive or Master Plan. These included: 1) "Concentration of new residential and co~nercial development in and around existing hamlets and villages,..." along wAth the 2) "Preservation of. the historic character of the villages and hamlets, carefully controlling design new development to maintain compatibility." and "qamntenance and i~provement of the environment through provision of an appropriate infrastructure to protect water quality and to manage n@tural resources properly, and to guide development to appropriate locations." (A Report by the 1991US/UK Countryside Stewardship Exchanqe Team To The People of the Town of Southold, North Fork~ Long Island. November 1991. p.8.) The aforementioned issues had been derived from the Goals and Policies of Southold Town's 1984 Master Plan Update. That document set forth a nu~er of Goals and subsequent Policies which have a bearing on this study, and which are stated in Appendix A of this study. In September of 1993, the Stewardship Task Force published an interim report in which it made a series of draft reco~nendations to implement the Goals and Policies set forth by the 1984 Master Plan Update. The preface to its reco~m~endations on the Character of Hamlets and Rural Setting states: The hamlets are the historic focus for residential and business activity in Southold Town. We consider this to be a desirable pattern of development, which should be encouraged by allowing appropriate new residential and commercial development in the existing centers. In order to facilitate this growth, careful planning should undertaken by the Town, so that a rural, pedestrian oriented village quality, consistent with our history and traditional pattern of development, is fostered. The long history of Southold has given rise to a tremendous richness and diversity of buildings and working landscapes. Vigorous steps should be taken to assure the preservation of these structures and landscapes, without infringing on the rights of their individual owners. All residents benefit from the preservation of our historic and scenic heritage, not only for our "quality of life", but for the economic potential it offers the Town. Purpose of the Hamlet Density Zoning District: fhis policy of concentrating residential development throughout the Town's hamlets is reiterated in the Town's 5 ~oning Code, which states that the purpose of the HD Zoning Dissrlct is: "to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers, particularly Mattituck, Cutchogue, Southold, Orient and the Village of Greenport." The Zoning Code specifies that the HD district may be designated by the Town Board upon its own motion, as well as by petition of the property owner on parcels located within one-half mile of a Hamlet Business district of the hamlets of Mattituck, Cutchogue and Southold; and within one-quarter mile of the Hamlet Business district of Orient and within one-half mile of the boundary of Greenport Village. In the Master Plan Sulmnary of 1985, three criteria were set forth for the establishment of a Hamlet Density district: location relative to the hamlet business area, the availability of utilities and the provision of moderate cos~ housing. The report suggested Greenport be considered as a hamlet. It also suggested that the maximum HD development be permitted "only where necessary utilities are in place or can be assured and where there is the provision of moderate cost housing." (p.9). Finally, it states the "The Hamlet Density category is also designed to support the establishment of innovative techniques for getting the optimum use out of existing housing." {~nphasi$ supplied.) Uses Allowed in the Hamlet Density Zoninq District: The Zoning Code allows within the HD district only two uses by right: 1. one-family detached dwellings, and 2. two-family dwellings. A Special F~ception from the Zoning Board of Appeals is required for other uses such as: 1. multiple dwellings, townhouses, row or attached houses; 2. accessory apartments in single-family residences, (as regulated elsewhere in the Zoning Code); 3. bed and breakfast establishments, (as regulated elsewhere in the Zoning Code); 4. wineries, (as regulated elsewhere in the Zoning Code). 6 The Zoning Code provides guidelines or parameters within which tbs Zoning Board of Appeals may grant the Special Exceptions only for accessory apartments and for bed and breakfast establishments. No guidance is provided to the Zoning Board for the institution of multiple dwellings, townhouses or row-houses, and wineries. The Zoning Code: Historical Background: Throughout this report, it is important to remember that while the "A" Residential-Agricultural zoning district always permitted residential and agricultural land uses, the required minimum acreage for a lot in this zone changed through the years. The following list shows how the minimum acreage changed (by the year the amendment was made to the Zoning Code). Year Minimum Acreage in "A" or "R" zones 1957 12,500 square feet 1971 40,000 square feet 1983 80,000 square feet 1989 80,000 square feet in A-C and R-80 zones (40,000 square feet for areas zoned R-40 only. Other residential zones provide for three, five and ten acre minimum acreages.) As will be seen, the in-depth analysis of each property will show that each parcel originally had been zoned for residential use. Some of the parcels have had more than one zoning designation in their history, mostly because the Town changed its zoning code and map several times since the first Code and Map were adopted in 1957. A brief synopsis of the changes that have been made to specific zoning districts is provided in AppendLx B. The Impact of Public Water and Sewer Services on Density in HD: The minimum required lot area within the HD district is 20,000 square feet per one-family detached dwelling. Suffolk County's Health Regulations require the provision of public water where lots are smaller than 40,000 square feet in area. However, where both Cormnunity (Public) water and Sewer services are available, and a Special Exception is granted, the density may be increased to one unit for every 10,000 square feet. Thus, the development potential of a parcel zoned HD is inextricably tied to the availability of public water: and for the higher densities, the availability of sewer. In other words, for the HD zoned property to be developed in accordance with the intent of the Code, it requzres access to public water and, sometimes, sewers. Nttmber and Location of Properties Zoned Hamlet Density: There are thirteen properties in mainland Southold Town that are zoned Hamlet Density (HD), only five of which are developed. Three are located in Greenport: one is the Driftwood Cove Apartment Co, lex, another is the Seven-Eleven store, and the third is a large historic house adjacent to Brecknock Hall. The fourth is the Founders Village Condominium co, lex in Southold. The fifth is a large house in Orient on the north side of SR 25, about 87 feet west of Young's Avenue. On Fishers Island, there are fifteen aeveloped properties that are zoned HD. Ail these parcels, save one, are located within the boundaries of the abandoned Army base; and appear to have been developed either as base offices or officer's quarters. Of the eight vacant HD-zoned parcels, seven are located around Grsenport Village, which for a long time was the only source of both public water and sewer services within the Town. There appears now to be some limitation on the Village of Greenport's ability to be the focus of all HD zoning given the current demand on its already strained water and sewer facilities. Cutchogue has the only other vacant HD-zoned property. The remaining hamlets in Southold Town have no vacant HD-zoned properties. ANALYSIS OF HA~ILET DENSITY PROPERTIES: PARCEL BY PARCEL Only t~ose properties zoned Hamlet Density that were vacant as of January 1994, were selected for review. The individu- al parcels are listed below in the order they were rezoned starting with the first, in 1958. This is also the order in which they will be reviewed. Throughout the remainder of this report, the parcels will be referred to by the identi- fying Parcel and Tax Map numbers (SCTM#) noted here. SCTM# Hamlet Location Acreage #1 040-3-1 Greenport, unin. 17.1 #2 040-4-1 Greenport, unin. 10.55 ~3 046-1-2.1 Greenport, unin. 3.5 ~4 035-1-25 Greenport, unin. 132.08 #5 045-2-10_3 Greenport, unin. 20.07 #6 102-1-33.3 Cutchogue 46.16 #7 045-2-1 greenport, unin. 1_2 #8 035-1-24 Greenport, unin. 62.3 The format used in the analysis of each parcel is: PARCEL # and TAX MAP NUMBER SITE DATA: Location: Acreage: Zoning History:* Ownership History:** NOTABLE PHYSICAL FEATURES AND LIMITATIONS: SURROUNDING LAND USES AND ZONING: STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE: PUBLIC POLICY: RECOMMENDATION: One or more maps showing the subject parcel may accompany the written text: they will be found at the end of the analysis of that parcel. ~ Zoning History was culled from the Town Clerk's Change of Zone files. ** Ownership History was traced from Property Cards in the office of the Town Tax Assessor. 9 PARCEL #1 - SCTM # 40-3-1 ~ITE DATA: Location: South Side County Route 48, more [than 1000' east of Chapel Lane, Greenport Acreage: 17.1 acres Zoninq History : Year Rezoned: 6.13.58. The original petition was to change the zone from "A" Residental and Agricultural to "B" Business. Between January and May of 1958, the applicant changed his request to "M" Multiple Residence, which was subsequently granted. The file does not indicate why the property owner asked for the change of zone, nor why the Town Board granted the request. Ownership History / Year Acquired / Miscellany *Kace Realty Co 3-10-82 Kontakosta 3-10-82 Sanzone (Smith Est) ? Brereton ?-?-79 H. Smith & Ano Sledjecki Transfer sub- ject to $184,000 mort- gage 1/4 interest (which was sold to Sanzone in 1982 for $35,000.) ?-?-54 ?-?-49 or earlier** * Kontokosta IS a principal in KACE Realty ** Property cards only note ownership as of 1949 when the records were started. NOTABLE PHYSICAL FEATURES AND LIMITATIONS: There is little environmental information in the site plan file. A review of the aerial photograph reveals this to be a heavily wooded parcel which appears to drain in a southerly direction. The topography drops off to the south from 35 feet above sea-level near County Route 48, to about 10 feet at its southernmost point. The property may have freshwater wooded wet- lands on or within close proximity. SURROUNDING lJll~O USES AND ZONING: The property is currently bounded on the north Dy CR 48; the west and south borders by land owned and zoned by the Village of Greenport as PD or Parkland, and the east border by land zoned R-80. North of CR 48, lies an R-80 district, which contains residential waterfront homes. ~ within 500 feet of the perimeter of this parcel (but not contiguous) there are properties zoned RR and HD. The RR properties to the northwest, diagonally across CR 48, contain m~tel and resort condominium uses, along with one residential use and an unfinished mo- tel. San Simeon Nursing Home, which is zoned HD, is about 800 feet to the west. The remainder of the HD property to the west is mostly undeveloped, and is one of the parcels under review (Parcel #7). The KOA Kampground lies due east at a distance of about 500 feet. STATUS OF DEVELOPM]ZNT: A~PROVALS AND INFRASTRUCTURE: On July 11, 1983, the Planning Board granted site plan approval to construct 108 dwelling units in 27 build- ings. The property owner has yet to obtain governmen- tal approvals for water, sewer and curb cuts. No building permits are known to have been issued. PUBLIC POLICY: Although. the subject parcel is adjacent to land owned by the Incorporated Village of Greenport, it lies 4,500 feet or more ( one mile equals 5,280 feet) from the developed portions of the village, and is even further from the business center. It is surrounded by vacant woodland, which 'is zoned PD or Park District. The Village changed the zone of the surrounding woodland from R-1 (Residential) to PD in 1987, in response to directives from the State of New York's Department of Environmental Conservation. The PD district is defined as follows: "An area reserved for recreational and firematic use by the citizens of the Village of Greenport as regulated by the Park Local Law, and in which Village utilities and other public uses may be maintained and expanded." The only uses permitted within this district are: 1) Nature trails 2) Sports playing fields 2 3) Firematic events 4) Utility facilities including necessary appurtances but not limited to: a) water towers b) sewage treatment plants c) electrical plants ~ 5) Municipally operated camp sites 6) Municipally operated trailer park 7) Watershed maintenance Much of the PD zoned land is environmentally sensitive, freshwater wooded wetland. Given the restrictive nature of the Parkland District, it seems inconsistent for the Town to concentrate its highest density residential use on the subject parcel. Further, this parcel is not within walking distance of the Village hamlet, and the necessary utilities do not seem to be assured at this time. For these reasons, intense development of the site does not seem to meet with the Goals and Policy Objectives of the Comprehen- sive or Master Plan. RECOMMENDATION: The site could be developed in a manner not requiring multiple density uses. Rezoning to a lower density is recommended. 3 RR ARb Ot R -40 'B g -80 · '- .'~ .. '-r,,' ' ' ' .','~-'.. ", ' \\ ' '.~ ! . · '.' ' '-'-' ~ "~ ' . .' !-"" '. ' '. ~ ~\c). · ~. ' ' . .,...v . ,~.-~..~:~.- , ~. \:.:.~..:,? .:.. · ·~ ~ · .. ., . · ,..~ .. . .,.. ~ - . .\ .... '~.~ . . \ · . ...., · ~.. , .>~ ~ . · ,.~ \., · , , ~. ' · '. .:.'",: ,.~. ' i/ ' ~ \\~ · " " .. o~. -. ... . . .:. · ~ ~-.~ ,. -.. ,, .,.'.:".'.~ ..~ , · ... / '. . ~ .-_ ....... . / / ... ...... , ~ .'",~ . . ., ......... · PARCEL ~2 - SCTM ~ 40-4-1 SITE DATA: Location: South side of County Route 48, approxi- mately 400 feet west of Moore's Lane, Greenport Acreage: 10.55 acres Zoning History: Year Rezoned: 11.7.68 The petitioner applied for the zone change be- cause, in his own words, "The premises currently enjoy a non-conforming use status, as a rooming and boarding house; deponent wishes to enlarge that use." Ownership History / Year Acquired / Miscellany Geier Estate or Heirs 1993 Sarcucci o J, Geier & A~o Langone 1966 19'~9 or earlier Contract Vendee $37,000 NOTABLE PHYSIC~_L FFJtTURES D~ND LIMITATIONS: In the absence of a definitive confirmation by the Town Trustees and the State Department of Environmen- tal Conservation, it is estimated that between one- quarter to one-third of the southern or lower portion of this parcel contain freshwater wetlands. These wetlands probably are part of the system of wetlands in the Village parkland to the south. There is no soil boring on file for this property. The wetlands are likely to pose severe constraints on the potential yield of this property due to the mini- mum siting distances that structures and septic sys- tems must maintain from wetlands: as required by vari- ous Town, County and State regulations. Wet soils also pose problems for siting septic systems unless sewer service can be obtained. The environmental impacts of sewering on this wetland ecosystem are not known at this time. SURROUNDING LiND USES AND DENSITY: The property is bounded on the north by County Route 4 ~8. Its east, south and west borders are bounded by the village's parklands. North and northeast of CR 48 lies undeveloped land zoned R-40, and a partially completed subdivision development, also zoned R-40. Just beyond the village parkland, fifty feet to the west of this parcel, the land is zoned R-80. ' STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE There is a large house and two or three other build ings or barns on the property. The structures are visibly in need of repair. There are no site plan approvals for any proposed construction. And, there is no site plan application on file. PUBLIC POLI~f: The limited environmental information available on this site suggests that this property is not suitable for the Hamlet Density intensity of use. The environ- mental sensitivity of this parcel is highlighted by the Park District zoning of the surrounding property by the Village of Greenport. The constraints are such that the availability of public water (and probably sewer) are absolute prerequisites for development at the HD density to occur. The presence of extensive wetlands is likely to compromise the potential yield. Further, it is inconsistent to place the highest resi- dential density in the midst of Park District zoning. The Town's Master Plan and the subsequent recommendations for its implementation argue for chan- neling new development towards the existing hamlets. This policy requires that new development be directed first to vacant land within the hamlets, then to va- cant land in close proximity thereto. It also quires where rehabilitation or renovation of the exist- lng building stock can both preserve the character of the hamlet and provide alternative housing choices, that this be pursued first, before creating new resi- dential centers isolated from the hamlet. This site fails to meet the criteria for proximity and accessibility'to a hamlet. It is not within walk- ing distance of the Village center. Further, the necessary utilities do not seem to be assured at this time. For these reasons, this parcel's zoning does not seem to meet with the Goals and Policy Objectives of the Master Plan. RECOMMENDATION: This parcel cou±d be developed in a manner not requiring multiple density uses. Rezoning to a lower density is recommended. 6 ® / R~-80 RR 'PD ORr., :LB' / / R -40 035'--/_.25- 'B R-S0 i -.%5 -_ J ; ~".. : ... ~ ', ...".',- ~ ! .-', ~ · ..... ' ...... · _ __.~ · .-.- ~.:- ,.- ... ~ _ , · , ,~ ' ' ~., .? ' · ,~ '.~ ~ ~" ,' ,' i;.'..- ' .~ '~.', . .~\ . . ' ~"~. ',. .':, ~. "'. .. '%.. : I '.' .' ~'~- . \~.~ ' · ' · ' t":..'.. ',. · ' '~ "'~ ! ' · :' \\' ' .,. '..'.:.\ :"~.:. '. '-'""',X I .. · ! · ~ i\\V, ' ..... ...., .. /../ . ._...,.,.. ,LL~'"'"/...'.. ~ . ~-., .. C."\', .. PARCEL #3 - SCTM # 046-1-2.1 SITE DATA: Location: South side of State Route 25, about 577 feet east of 9th Street, Greenport Acreage: 3.5 acres Zoninq History: Year Rezoned: 10.27.70 The original petition to rezone this property from "A" Residential and Agricultural to "M-I" General Multiple Residence was changed to "B-2" Business at the recommendation of the Planning Board. At this time, there also was a pending petition on the adjacent property to the east, now the site of Drif[wood Cove Apartments, for a change to the "B-2" Business zoning district, too. (The "B-2" district allowed for a more intensive multiple residence use than did the "M-i" zone.) The two properties were rezoned "B-2" in 1970, within two months of each other. In 1989, both parcels were rezoned Hamlet Density by the Town. Ownership History / Year Acquired / Miscellany Aliano 1974 $73,500 Casola 1972 $55,000 A. Cassidy 1949 or earlier NOTABLE PHYSICAL FEATURES AND LIMITATIONS: There is little environmental information available for this parcel. It is covered with old-field vegeta- tion. The property does not appear to have any environ-- mental constraints. This is not a large site. Develop- ment of this site to its Hamlet Density potential will require the extension of both p~blic water and sewer. SURROUNDING LAND USES AND ZONING: The property is bounded on the north by State Route 25 and a 7-11 retail store, which is also zoned HD. To the east is the Driftwood Cove Apartment complex. To the south, the tracks and right-of-way of the Long Island Railroad. To the west is a lumber yard. The north side of SR 25 is zoned B Business and is devel- oped. 7 STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE: The property was larger at the time it was rezoned. Slightly more than half an acre of it was developed into the 7-11 store in 19B5. There are no other site plan approvals on this parcel. Nor are there any active applications for an HD use. PUBLIC POLICY: This site meets the criteria for the location of the Hamlet Density zone. It is within walking distance of the Village business center, schools, churches and other services. It lies adjacent to affordable hous- ing, and could be developed in a similiar manner. However, the small size of this parcel, which the current owner exacerbated by splitting off an addition- al .55 acres in 1977, is an obstacle. Development of this property will require the provision of both pub- lic water and sewer, the availability of which is not assured at this time. RECO~ENDATION~ Since it meets all applicable criteria, except the availability of public water and sewer, this parcel could be left as zoned. However, the fact that Greenport Village and unincorporated west Greenport bear a disproportionate share of the affordable hous- ing within the Town must be factored in and dealt with. If the proportionate share of affordable housing is felt to be of primary importance, this parcel could be rezoned to LIO, in keeping with the LIO zoning to the west which borders this property. RR HD R -';0 II II PAKCEL ~4 - SCTM ~ 035-1-25 SITE DATA: North side of State Route 25, approximate- ly 1,139 feet northeast of Sound Road, Greenport Acreage: 132.08 acres Zoninq History: Yea£ Rezoned: 1971: 27.55 acres 1983: 74.53 acres The Change of Zone Petition files do not show why the rezoning was requested. The 1971 rezoning also created 12.43 acres of Business Zoning around an historic residence, known as Brecknock Hall. In 1983, the amount of land in the "M" Light zone was increased by 74.53 acres for a total of 132 acres. A filed Covenant and Restriction holds th~ total number of dwelling units to 350, and sets aside a reserved scenic area of 37.92 acres. This parcel was rezoned HD in 1989, when the Town eliminated the "M" Light Multiple Residence zon- ing classification from its Zoning Code and Map. Ownership History / Year Acquired / Miscellany Wo±owitz, A. 1993 LBV Properties 1992 Greenport Dev. Co. Brecknock Assoc. G. Schad Pollert & Wife $4,000,000 (foreclosure) 1984 $3,850,000 1980 $ '354,000 no consideration 1969 $ 800,000 1949 or earlier NOTABLE PHYSICAL FEATUP~ES AND LIMITATIONS: The property is about 1,500 feet from the Village boundary. It contains about 2,700 feet of prime water- front on Long Island Sound complete with bluffs and beaches. This property is listed by the State as being part of the Eastern Bluffs Complex which stretch- es from Orient Point west to Miller Place. The some- what rolling terrain contains mature old field vegeta- tion, woods, ponds and associated wetlands. In 19B~ a 9 large excavation was started where one of the ponds/stormwater drainage facilities was to be locat- ed. The sand has been removed from the premises, but the pond was never completed. The excavated area remains ~,pen to the weather without benefit of erosion controls, i The likely increase in traffic from the development of a parcel of this size are likely to require modifica- tions to State Route 25 and possibly the intersection of SR 25 and Sound Drive. SURROUNDING LAND USES /LND ZONING: To the north lies Long Island. Sound. To the east lies the Island End golf course, which is zoned R-80. To the south are State Route 25 and two historic residenc- es, one of which is Brecknock Hall. Brecknock Hall is located within the LB district. The other historic residence is located within the HD district. To the west lies vacant land that was just rezoned from R-80 to HD and R-40. South of SR 25 opposite this parcel there is a mix of zoning: a vacant R-80-zoned parcel, a vacant Residential Office-zoned parcel and an estab- lished residential community zoned R-40. STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE: In 1987, a site plan for 350 condominium units was approved by the Planning Board. Since then, three building permits have been issued: one to construct the pumphouse for the public supply well; one to build a foundation for the recreation center, and one to build a foundation for one of the residential build- ings. Certificates of Occupancy were issued for the pumphouse and the residential foundation in 1991. The permit for the recreation center was voided in Decem- ber of 1990 without the foundation being built. To our knowledge, there has been no building activity since that time. There is a unresolved dispute over the cost of the water and sewer contracts. Curb cut approval and other permits from the NYS Depart/nent of Transporta- tion are not on file, and may not have been obtained. Landscaping and excavation bonds are still on file with the Town. PUBLIC POLICf: The zoning and the sate plan on this parcel contra- dicts the Goals and Policy Objectives of the Comprehen- 10 sire Plan in several ways. First, although the west- ern edge of the property is within 1500 feet of the Village boundary, it is separated by a heavily-trav- elled State Road and it is not located within easy walking distance to the hamlet's business cgnter, nearly a mile to the south. Second, the placement of high density residential zoning on prime and sensitive waterfront property contradicts our policies of encouraging the preserva- tion of environmentally sensitive areas, and of promot- ing development patterns that are responsive to or protective of sensitive coastal features and scenic vistas, as well being co~nensurate with available water supplies. Third, the size of this HD-zoned parcel relative to the Village hamlet threatens to draw from the ham- let rather than work to preserve and strengthen the hamlet cen~erl Although the nearby Limited Business zones are, strictly speaking, not within the purview of this review, its sheer size (more than 16 acres in total) require that its combined impact with the HD parcel on the Village be considered. The net effect of 133.+ acres of HD-zoned land and 16+ acres of LB-zoned land adjacent to one another on the north side of SR 25 creates enormous potential for the development of a satellite hamlet with its own busi- ness district just 1200 feet north of the Village boundary, and less than a mile from its business cen- ters. While the Comprehensive Plan calls for the creation of a new hamlet, creating one adjacent to an existing one that is in need of economic revitaliza- tion and has strained water and sewer facilities is not consistent with the other goals of preserving and strengthening existing hamlets. The Town would not profit from such a situation, and neither would the village. The economic stability of Greenport Village is important to the Town because of Greenport's position as a transportation hab, as a major deep-water port, as a tourist designation, and as provider of public water to significant portions of the Town. The two governmental entities cannot afford to work at cross purposes with the other. Finally, the draft Long Island Coastal Zone Management plan recommends that this entire site be preserved in conjunction with its recommendation that undeveloped, relatively undisturbed forested properties within the Eastern Bluffs Complex by acquired to protect wildlife habitat. The Eastern Bluffs Complex encompasses the soundfront from Orient west to Miller Place. _ 11 RECOMMENDATION: Rezone the property to a lower density residential use that better protects coastal resources, and that pro- vides for a level of residential development that is more compatible with the existing infrastructure and economic development of the hamlet of the Village. 12 .~HD R-80 LB R-80 PARCEL ~5 - SCTM ~ 45-2-10.3 SITE DATA: Location: East side of Chapel Lane, south of County RouGe 48 and north of State Route 25, Greenport Acreage: Originally 26.57 acres: Now 20.07 acres. Zoning History: Year Rezoned: 2.25.75. This property was rezoned by the Town at the request of St. Peter's Lutheran Church for the express purpose of constructing "multiple resi- dences for a senior citizen retirement con~nunlty." Ownership History / Year Acquired / Miscellany Richard Mohring 1993 NFB & Trust 1993 St. Peter's Church 1974 Chapel Lane Assocs. 1971 DeShrage 1968 King-Greenport Assocs. 1965 Judysteve Corp. 1965 King $175,000 $ 34,500 mrtge_ 1949 or earlier NOTABLE PHYSICAL FEATURES AND LIMITATIONS: A full scale environmental review was never conducted on this parcel so the information available is limit- ed. The site is presently wooded, with some old field around the disturbed portion of the site where the only four buildings of the proposed elderly housing complex were constructed. There are serious drainage problems that will add to the cost of development on this site due to the depth of the clay ~ubstrata. The depth of the clay also means that this site cannot be developed without public water and sewer. SURROUNDING LAND USES AND ZONING: The property is currently bounded on its north the San Simeon Nursing Home. To the east lies another parcel being studied in this review, (Parcel # 7), and the Village Parklands; to the south, a garage building, St. Peter's Lutheran Church and the former Skyway Drive-In Movie Theatre. Chapel Lane borders the entire western edge of the. property. 13 The woodland to the east of this property is in 5he Village's Park District. Parcel ~1 (in this study) ~ies approximately 1000 feet to the east of this prop- erty. The property's south border is zoned Limited Businessl A church, a garage and a former drive-in theatre lie within this LB district. With the excep[ion of strip of LB zoning north of SR 25, all the land west of Chapel Lane clear to Albertson Lane is zoned R-BO. A LILCO Substation lies within the LB district to the west of Chapel Lane, as does the Drossos Motel complex about a thousand feet or more from the intersection of Chapel Lane and SR 25. Much of the remainder of the land west of Chapel Lane is vacant, probably due to the fact that towards Albertson Lane, much of the area is covered with fresh- water wetland. STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE: In 1984, a site plan for the southwestern portion of this parcel was approved. Four buildings containing eight dwelling units were constructed. Public water and sewer service was connected and Certificates of Occupancy were issued in 1986. However, the units were Rever occupied. In 1990, the Planning Board qave approval to a condo minium unit designation map showing 36 dwelling units on 7.74 acres. This map included the eight dwelling units that were constructed in 1986. There is a site plan application pending for 5his condominium plan. No plans have been filed for the remainder of the property which includes 12.6 acres of HD zoning and about 10 acres of LB zoning (the drive-in and the garage.) PUBLIC POLICY: The limited environmental information available sug- gests that this property is not a suitable site for the Hamlet Density intensity of use. The constraints on the site are such that the availability of public water and sewer are absolute prerequisites for develop- ment. Furthermore, due to the depth of the clay sub- strata, the potential yield on this site is likely to be compromised because of the amount of land that will need to be set aside to handle stormwater drainage. The stormwater drainage is a matter of concern because 14 this property drains to the wetlands and the Bay to the south. The Town's Master Plan and the subsequent recoF~enda- tions for its implementation argue for channeling development towards the existing hamlets. This policy requires that new development be directed first to vacant land within the hamlets, then to vacant land in close proximity thereto. It also requires where reha- bilitation or renovation of the existing building stock can both preserve the character of the hamlet and provide alternative housing choices, that this be pursued firsn before creating new residential centers isolated from the hamlets. The site fails to meet the criteria for proximity and accessibility to a hamlet, especially for afford- able rental housing. It is not within walking dis- tance of the Village hamlet, and the necesary utili- ties do not seem to be assured at this time. For these reasons, the site does not seem to meet with the Goals and Policy Objectives of the Master Plan. RECOMI~ENDATION: The property should be zoned to a density level more compatible with its environmental constraints, and more consistent with the Comprehensive or Master Plan recommendations for a parcel remote from a hamlet center. 15 RR , 0,10 R-80 AHO :LB' : .,.~ LIO R -40 .41'. / / / PARCEL ~6 - SCTM # 102-1-33.3 SITE DATA: Location: Nort_hernmost end of G~iffing Laner 1,Q76 feet notch of State Route 25, Cutchogue Acreage: J6,,16 acres Year ~Lezmned: 2'. 0,1.83 In 1982, the pr~ ow~e~ petitio~ for a change fr~ ~R= Kesi~ent%,a./ ~ Agri~altural to "M" Light Multip%e Rem~c~tia/ for t_~e purpose of constructing a r~-~iden~hi~I ~u~,~nit¥ for senior citizens adjacent to the e~xisting business dis- trict of Cutchogum. Ownership History / Year Acquired / Miscellany Nocro Ltd. 1986 Seacroft Ltd. 1986 Leisure Green 1983 Leisure to Leisure 1982 Leisure 1973 Mill Matt Agency Inc. Mandaro & Ano 1971 1949 or earlier $ 69,000 (31.5 acres) $101,500 lqf~3tBLE PHYSI'C~L FE~'i'st~ES ~ LIMITATIONS: The Dr~f~ ~st~ ~act ~tmment for this project ~nt~ ~i~ e~r~e~tal info~ation. The f~ ~IS for t~is p~ h~s ~t been completed. ~s g~c~ ~a ~ a~r~.~l~ ~e, but ~as lain f~ f~r ~y ~ r~lt~g in o1~ fie~d vegeta- tion o~ ~e site_ T~e ~ ~wel~men% uf th~s site ~ill re~re ~e u~visia~ of ~ic ~er ~y ~d a satisfactory me~s of ,.w,aatew~ter disposal. This parcel is b~rdered to the north by a resioence for a vineyard, and a wooded parcel that is the site of a new clustered resideetial subdivision, all of ~hich is zoned Agricultural-Coneervatio~ (A-C). To the east, the parcel is bordered b~ amother vineyard and other land in active agricultural production, all of which is zoned R-80. To the south, the parcel is 16 bordered by Griffing Street, School House Road. a building, vacant land, and the grounds of Sacred Heart Church. All of this land except the church is zoned Hamlet Business (HB). The church property %s zoned R-40. The properties that abut the western border of this parcel are zoned R-40 also. STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE: A site plan application for a 160 unit condominium complex for senior citizens was made in 1984. A Draft Environmental Impact Statement was submitted in 1988. The applicant was asked to submit a Final EIS in 1989. There has been no further action on this appli- cation since that time. PUBLIC POLI~{: The current zoning of this parcel is in keeping with the goals and objectives of the Town's Comprehensive or Master Plan. The property is within walking dis- tance of uhe traditional core of Cutchogue hamlet. The property contains good agricultural soils, but is not environmentally sensitive. Due to its location just north of the hamlet's traditional center, this parcel, when developed, is likely to strengthen the hamlet. This project has generated much opposition within the co~nnunity. And while its large size will have an impact on traffic, and the functioning and character of the Cutchogue hamlet, it nevertheless meets the criteria for location within the hamlet center and the provision of alternative housing choices. RECOMMENDATION: This property is zoned appropriately at this time. 17 pARCEL ~7 - SCTM # 45-2-1 SITE DATA: Location: South side of County Route 48, 805 feet east of Chapel Lane, Greenport (Also approximately 1400 feet west of Parcel ~1.) Acreage: 1.2 acres Zoninq Historv: Year Rezoned: 1-10-89 This parcel was rezoned by the Town when the 1989 Zoning Map was adopted. Prior to this time, this lot was zoned "A" Residential-Agricultural. Re- search to date has not unearthed an explanation for this change: so we don't know if this rezon- lng was intentional or a drafting mistake. Ownership History / Year Acquired / Miscellany John Siolas & wife 1985 $38,500 Delandas 1974 $15,000 Pauli 1964 two parcels $ 3,000 King 1949 or earlier NOTABLE P~fSICAL FEATURES AND LIMITATIONS: There is little environmental information available on this property. The aerial photograph of this property shows it to be wooded. It slopes towards the south as does the San Simeon nursing home site 50 feet to its west. There is a 50 foot buffer between this parcel and San Simeon Nursing Home, which is an intensely developed site. The small size of this property probably is its big gest physical limitation. It is likely to be ecnonomicaliy inefficient to develop according to the HD potential. SURROUNDING LAND USES AND ZONING: This property is bounded on the north by CR 48. To the east and south lie the Village Parklands. To the west lies San Simeon Nursing Home, which is zoned HD also. 18 This property was originally bounded by Parcel ~5. In 1993, the owner of Parcel #5 filed for a lot-line change. The northern part of Parcel #5 was given to the nursing home to provide for its future ~xpansion. As a result, the area of the nursing home site in- creased from 3.58 acres to about 10 acres. The lot area of the subject parcel decreased from 26.57 acres to about 20 acres. STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE: There is no record of any attempt to develop this parcel in the Planning Board's files. PUBLIC POLI~f: This parcel shares with Parcels ~1 and 5, the same drawbacks and lack of compliance with the stated goals and intent of the HD district and the Master Plan as it pertains to preserving the hamlets. Using the criteria set forth by the Master Plan Update and subsequent recommendations, the HD zoning makes no sense unless this parcel were to be merged with the San Simeon Nursing Home. However, it is under separate ownership at this time. The existence of the nursing home presents a dilemma. Southold is a retirement community as well as a resort community. The average age of the population in Southold is 44 years, and the trend looks as if it will continue upward. There is in an insufficient supply of nursing facilities in Town, and this alone is an argument in favor for the build-out of the origi- nal proposal. RECOMMENDATION: The parcel's small size and close proximity to the intensely developed nursing home site will work to its disadvantage as a strictly residential lot, unless the 50 foot buffer between the parcel and the nursing home is preserved. If this buffer is maintained, the fact that the lot is 420 feet deed and is bordered on its east and south sides by parkland will work to its advantage as a residential lot for one residence. 19 / R~80 RR :D · LB ' " LIO ,AHD R -40 R-SO ¢ ~ -,-,., -. . , . . . .. ..: . .. , ~ .-~ \\ ,. · .~ . · '-' ' ' "-- ' ~ ' " .~"''i"' ' ~ ,' \\ ':: ,;;-~'~ '-' "."-,~, ,~' '.-' '" ...~-. '-4 v.-'~\. ·: ~'.~. 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PARCEL ~ 8 - SCTM # 035-1-24 SITE DATA: Location: North side of State Route 25, 564 feet east of Sound Drive, Greenport Acreage: 62 acres Zoning History: Year Rezoned: 12.07.93 This property originally was zoned R-80 which is equivalent to two-acre residential density. ~he lower 42 acres of thl~ parcel were iezoned h~et Density: and the northerly 20 acres on Long As- land Sound were rezoned R-40 or one-acre residen- tial density. One of the stated reasons for this change of zone was to provide affordable ho' sing. Ownership History / Year Acquired / !scell 7 Jem Realty Co. 1979 $400,000 J. Rath 1977 Time Structures Inc. 1963 $115,000 split from P. Sinuta NOTABLE PHYSICAL FEATURES AND LIMITATIONS: This property is adjacent to Parcel #4 which was analyzed earlier. Detailed environmental information is available frc~o the Draft and Final Environmental Impact Statements. The site contains prime farm soils, but has not been used for agriculture for many years. It is covered with transitional old field vegetation and young woods. The parcel's 1,441 feet of soundfront contain bluffs that range in height from 30 to 50 feet. The bluff area is considered to be stable, but subject to erosion from human activity as well as northeasters. Behind the bluffs, the property slopes to the south, dropping to 13 feet above sea level at SR 25. There is about 570 feet of road front- age. SURROUNDING LAND USES AND ZONING: This parcel is bordered on its north by Long Island Sound; and on the east by more than 133 acres of most- ly undeveloped land which was studied earlier as Par- cel ~4. Most of Parcel ~4 is zoned HD, but the south- .20 western corner of it is zoned Limited Business (LB) and it contains the historic residence known as Brecicnock Hall. To the south lies Porky's Restau- rant and State Route 25. The area around Pqrky's Restaurant is zoned LB also. To the west, this parcel is bordered by residential homes fronting on Sound Drive, all of which are zoned R-40. STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE: No applications for subdivision or site plan have been made. PUBLIC POLICY: When this parcel is viewed in conjunction with Parcel ~4, studied earlier, and the LB zones (Porky's Res- taurant and Brec~dlock Hall), it becomes evident that the net effect of this zoning pattern is to create a very high density residential and business center just outside the Village boundaries. This would appear to be contrary to the several of the goals of the Master Plan. First, the parcel is separated from the Village by a heavily travelled State road, and is not located with- in easy walking distance to the business center of Greenport Village, which is nearly a mile to the south. Second, the size of the HD parcel (42 acres), when considered with the 133+ acres of the adjoining HD- zoned property to the east (Parcel # 4) and the 16 acres of LB zoning abutting it, will work against attempts to strengthen and preserve the character and economic integrity of the Greenport Village hamlet and business center. Greenport's role as a transportation hub, deepwater port, tourist designation and provid- er of public water is important to the Town as a whole; and this should be recognized by the Town in its public policies. Third, this parcel, together with Parcel #4 will have an impact on the volume of traffic at the Sound Drive, SR 25 and CR 48 intersection. The State has acknowl- edged this impact by requiring road and intersection modifications for development associated with Parcel #4, and may weil require additional modifications for this site. Fourth, the availability of public water or sewer to this site is not assured at this time. Finally, the appropriateness of the R-40 designation must be addressed. The R-8O zoning designation that preceded this rezoni-g was the base zoning in Southold Town since 1983 wher~ the Town increased the minimum required lot area for its sole residential zone, "A", from one acre to two acre. In 1989, the Town reaf- firmed its 1983 decision by zoning the subject parcel R-80, which is equivalent to the two acre density. The recent rezoning to R-40 had the effect of placing twice the residential density on the most environmen- tally sensitive part of the property, which is con- trary to our policy of encouraging the preservation of environmentally sensitive areas, and of promoting development patterns that are responsive to sensitive coastal features such as bluffs. The sensitivity of this site's waterfront and bluffs can be judged by noting the New York Department of State's reco.~nenda- tion that the adjoining parcel to the east (Parcel #4) be preserved in its entirety because of its importance as wildlife habitat and as an example of the Eastern Bluffs ecological complex. Further, the trade-off of twenty acres of R-40 zoning on sensitive coastal prope-ty for the provision of forty-two acres of afford~,ie ho~sing to the south has no basis or support in our public policies for land use planning. There no demonstrated need for new affordable single-family housing in a hamlet that already contains a disproportionate share of the Town's affordable units. In fact, the Town has not seen to it that opportunities for new affordable hous- ing are spread throughout the Town so that each hamlet is able to provide such opportunities for its resi- dents. RECO[~iENDATION: Rezone the property to a lower density residential use that will proLact its sensitive coastal resources, and that will provide for a level of residential devel- opment that is more compatible with the infrastructure and economic development of the Village hamlet. 22 AHD LB HD R-80 APPENDIX A Goals and Policies for 1984 Master Plan Update (Underlining emphasis added.) GOAL: Overall Planning Provide a community of residential hamlets which are: comprised of a variety of housing opportunities and commercial, service, and cultural activities; serving to establish a sense of place; set in a open or rural atmosphere; supported by a diversified economic Paso (including agriculture, ma~ine commercial and seasonal recreation activities) that maximizes the Town's natural assets, including its coastal location; and are striving for a compatibility between the natural environment and development. POLICY: Overall Planning Implement planning policies which provide for a nluaber of housing types, promote agricultural preservation, encourage the preservation of environmentally sensitive areas, protect groundwater, encourage water-dependent and water-enhanced uses of coastal lands, and support commercial and industrial activities in appropriate locations. GOkLS: Housing / Residential Development Preserve the existing housing stock and provide the opportunity for the development of a variety of housing types to meet the needs of people at various stages of' the life cycles, various income and age levels and household compositions. POLICY: Housing / Residential Development Encourage housing development, of varying types and densities, in and around existing hamlets. GOALS: Environment Preserve and enhance the Town's natural environment. POLICIES: Environment 23 Restrict development an wetlands, tidal marshes, bluffs, dunes and beaches. Promote a development pattern that is responsive to sensitive areas exhibiting prime agricultural so~ls, poor drainage, high water table, high erosion hazard, flood hazard, sensitive coastal features, great scenic quality and woodlands. Promote development patterns that are at a scale that is commensurate with the available water supply- GOALS: Cultural Environment Preserve and strengthen the hamlets as cultural, residential and commercial centers of activity in the Town; as a means of creating viable uses for historic buildings and areas and encouraging a "sense of Dlace." POLICY: Cultural Environment Plan for intensity and mix of development of hamlet centers that improve the viability, functioning and aesthetics of hamlet commercial centers without changing the scale of the centers. GOALS: Waterfront Maximize appropriate use of coastal areas in a manner that protects sensitive coastal areas, maximizes access to the water and achieves economic benefit. POLICIES: Waterfront Increase the number and quality of public beaches. Insure physical and/or visual access to scenic vistas and waterfront areas. GOALS: Transportation Insure adequate movement of people and goods within Southold, as well as into and out of Town, in a manner that maximizes safety and maintains the integrity of residential and agricultural areas. 24 GOALS: Cor~nunitv Facilities/Utilities Ensure the provision of an adequate range of co~nunity facilities, services and utilities to accommodate existing and future Town needs in a convenient and cost effective These Goals and Policies were drafted as a means of addressing the relevant planning issues. (Copies of the April and May 1983 memoranda from the Town's planning consultants which detail these issues follows.) 25 ! RPPW Raymond, Parish, Pine & Weiner, Inc. 555 Wh,[e Pla,ns Road, Tarry[own, NY 10591 914/631 9003 212/365 2666 Memorandum April 26, 1983 TO: Southold Planning Board FROM: RPPW, Inc. RE: PLANNING ISSUES The Town Master Plan has to address various issues, many of which are interrelated and many of which require consideration of alternative responses. Based upon the preliminary analysis of the various factors affecting planning in Southold, the following are the issues to be addressed in the Plan: A. Overall Pattern of DeveloPment Protection of Town's Rural/Exurban Character reflected in a comDination of hamlet centers, farmland, large expanses of undeveloped land - accommodation of new development within this framework 2. Suitability of Land for Development development or retention of farmland · proximity to/adequacy of community services protection of environmental features ~ wetlands;- tidal marsh; dunes, beaches and bluffs; scenic vistas; wate~.~ays - creeks and ponds; · physical constraints high water table; steep slope; poor soil permeability; flood hazard areas; erosion hazard areas - siltation · drainage problems 3. AGriculture · economic viability; chan~ing structure; cost changing crops · availability of farm labor · impact on water quality and on water quantity · preservation of land for farming or open space of 26 Water SuPPlY -- Quantity and Quality · protection of subsurface water from pollution emanating from development and agriculture; implications for development policy · sufficiency of potable water to service future development, especially in Orient, East Marion and along coastline · approach.to supply of water - individual wells; small central systems; few larger systems · implications of importing water; desalinization of salt water Housing/Residential Development · distribution/density · lack of affordable housing for low, moderate and middle income segments of population · absence of small units - older and younger one and two person households · seasonal vs. year-round housing · conversion of seasonal to year-round Population Mix · aging of population decline of labor force; implications for volunteer services such as fire and rescue service: changing service needs · year-round/seasonal - implications for services Approved - Unbuilt Subdivisions · why unbuilt - density; location; physical conditions · implications for water consumption; other services · ownership pattern affect upon future planning/ zoning Traffic and TransDortation · adequacy of existing major east-westrroads to accommodate traffic; technical capacity desired levels of traffic · safety at several key locations · private roads - emergency access - implications for access to beaches · need for or appropriateness of improved north- south roads · need for and location of a Town airport · adequacy of service by buses and trains - year-' round/summer season/time of day · need to encourage expansion of ferry service to e×pand markets in New England ~ 27 f I I i ! I l I £ 9, Econom~ · seasonality of economy - need to expand and/or create year-round economy; increase jobs for young adults stability of agriculture and fishing - need to protect resources (farmland, fish habitats) appropriateness of encouraging agriculture and fishing as elements of economy; mariculture · need for flexibility on part of farmers and farm workers retraining · limited growth potential for commerce and industry including fishing and agriculture · expansion of seasonal/tourist economy 10. Historic and Cultural Resources · preservation as part of Town's quality: heritage · enhancement for economic purposes 11. Seasonal Develomment how much, where and what type (seasonal residences/transient tourist) - land consumption and potential damage to environment; importance to economy - jobs and tax base; limited demand on many services 12. Hamlet Centers · preserve scale and character/concentration of housing and services · focus of Town's economy - commerce limit strip commercial development · historic preservation program Community Facilities 13. Schools · potential consolidation - potential increase in shared services · extent to which e×istinq physical plant can accommodate additional enrollment · school plant as resource for recreation/cultural and educational activities coordination of use and programming 14. Sewer · implications of expandin~ Greenport system - limited capacity 28 · use of individual ingreund systems or small ~ central inground systems - limitation on density; impact on subsurface water · new treatment systems - cost; level of development necessary to support versus desired density of development 15. Water SuPPlY · protection of quality of supply · continuation of individual wells versus central supply · treatment of individual and public/community systems wells; costs · import water or desalihization · establishment of Town supply and/or treatment district to serve all or part of Town · expansion of Greenport system 16. Public Safety · Fire - assurance that all areas of need to improve accessibility to future availability of manpower; private roads · Police - adequacy of facilities development; seasonal expansion · Emergency-Rescue - sufficient for only one ambulance service transportation; manpower 17. Recreation Town covered - some areas; substandard for future emergencies; for general medical 18. · need to assure access to water for recreation including boat launch and mooring sites, beaches, and scenic vistas · need additional recreation areas and open space areas in some parts of the Town · swimming pool; youth center(s) · access to school facilities assures availability of basic facilities to all areas of the Town Landfill · life of present facility limited - expand or pursue alternative source of disposal · landfill on aquifer - threat to subsurface water · methane gas - use for energy or dissipate 29 I I I I I I I I I l_ L l_ I L L Coastal Issues 19. Access to Water · beaches - swimming, bathing, walking, viewing scenic vistas · boat launching on north shore/launching and mooring on south shore for commercial and recreational fishermen · attractiveness for private residential/commercial development often precludes maintenance of access · use for resort facilities 20. Quality of Coastal Waters · critical to fishing industry and recreational fishing · swimming/water sports · marine habitat · encouragement of mariculture development 21. Coastal Land Use Conflicts · availability of land for marine commercial uses as a priority objective · need for additional boat slips - dredging · competition with water-enhanced uses such as restaurants, motels 22. Protection of Sensitive Coastal Environment · tidal marshes · dunes, beaches, · scenic vistas · water quality bluffs 23. Salt Water Intrusion · need to protect ground water - limit on coastal area development ~: 24. Navigability of Waterways · siltation and dredging - disruption of shellfish beds/spawning grounds The Master Plan will address these issues. The next step will be to establish a set of Goals to serve as a mechanism to meas'ure . the response to the issues. The process for establishing a concensus on goals will be one of the initial steps in Phase II, the preparation of the Plan itself. 30 ! L L L I_ I I I Rayme~d. Par~.$h, Pine & Weiner, Inc, 555 White Plains Road. T~rr,/[o?,,n, r~Y 10501 9~;6~1.g003 212/265.2666 Me.mor nd m June 20, 1983 TO: Southhold Planning Board FROM: RPPW, Inc. RE: PLANNI~G GOALS A clear statement of the Town's long range goals is an important element of the planning process in that it forms the basis for various long and short range objectives, policies, strategies, and programs. Such a statement will help to crystalize in the minds of residents, business people, and public and private decisionmakers the precise directions in which the Town should develop. Such a statement is useful in setting priorities as While the goals are general, if there is a consensus or general agreement on them and on their interpretation, they provide 'justification for more specific elements of the planning and development process. To achieve this consensus and a sense of priorities, a process for refining the initial statement needs to be carried out. This memorandum sets forth an initial statement of goals which can serve as a basis for discussion. This initial statement is drawn from several sources including meetings of the Master Plan Workshop, discussions with various representatives of Town agencies, private business, institutions, and environmental and real estate groups. This initial statement does not necessarily reflect the order of priority. It may very well be that as discussions proceed, priorities will become evident and adjustments will be made. The main purpose of this memo is to stimulate thinking and discussion on this important topic as a basis for the Town Plan. 31 PROPOSED GOALS ~;D P©LfCIES Overall Planninc Goal Provide a community of residential hamlets which are: comprised of a variety of housing opportunities and conuner- cial, service, and cu!uural activities; serving to establish a sense of place; set in an open or rural atmosphere; supported by a diversified economic base (including agricul- ture, marine commercial and seasonal recreatlon activities) that maximizes the Town's natural assets, including its coastal location; and are striving for a compatibility between the natural environment and development. Policies Implement planning policies which provide for a number of housing types, promote agricultural preservation, encourage the preservation of environmentally sensitive areas, protect groundwater, encourage water-dependenT and water-enhanced uses of coastal lands, and support commercial and industrial activities in appropr~aue locations. Housinc/R£sidential Develou~ent Goals Preserve the existing housing stock and provide the oppor- tunity for the development of a variety of housing types to meet the needs of peoTle at various stages of the life cycle, various income and age levels and household composi- tions. Policies Encourage housing development, of varying types and den- sities, in and around existing hamlets. -~ Using available assistance programs as well as land use, regulatory techniques and procedures to provide such assis- tance as may be needed to provide affordable housing, especially to younger and older segments of the community and to allow retired or moderate income homeo~¢ners to maintain their properties. Maintain the integrity of resiJential neighborhood.~ by preventing through traffic movement and by discouragin{ Uses tha~ are incempatible ~ith a residential environment. - 32 !- ]- I ! I ! ( Acricultural Preservation Preserve the Town's prime farmland and encourage its con- tinued use for agriculture. Poli=ies Limit non-agricultural uses areas through methods such easements. in designated prime agricultural as agricultural zoning and Promote a Town agricultural preservation program, incor- porating purchase of development rights, transfer of devel- opment rights, public information training and financial assistance prcgrams to enable farmers to diversify into more profitable crops. Env~ ror~ment Goals Preserve and enhance the Town's natural environment. Maintain and protect Southold's agricultural heritage and pastoral and open quality. Insure that there is adequate quantity of potable water to serve Southold's year-round and seasonal populations. Policies Restrict development in wetlands, tidal marshes, bluffs, dunes and beache~. Promote a development pattern that is responsive to sensi- tive areas exhibiting prime agricultural soils, poor drain- age, high water table, high erosion hazard, flood hazard, sensitive coastal features, great scenic quality and wood- lands. Protect the Town's water supply from further contamination by encouraging the use of techniques that reduce pollution from fertilizers, herbicides and pesticides (agricultural and residential), requiring adequate water supply and septic system conditions for new development, and employing minimal maintenance dredging of streams (to minimize salt waker intrusion). Promote development patterns that are at a scale that is commensurate with the available water supply. 33 Maintain and improve surface water quality by reducin~ sources of pollution and utilizinq modern runoff control techniques to reduce stream siltation. Maintain finfishing and shellfishin~ habitats by reducing sources of pollution and by limiting dredging of streams and disturbance of wetlands. Cultural Environment Goals Preserve the historic, cultural, architectural and archae- ological resources of the Town. Preserve End strengthen the hamlets as cultural, residential and commercial centers of activity in the Town; as a mezns of creating viable uses for historic buildings and area~ and encouraging a "sense of place." Policies Promote the inventorying of cultural resources and encourage the establishment of Town historic distr!cts and preserva- tion of historic buildings and sites. Plan for intensity and mix of development of hamlet centers( that improve the viability, functioning and aesthetics of hamlet commercial centers w~thout changinq the scale of the centers. Economic Develooment Goals Strengthen and diversify the Town's economic base as a means of stabilizing and expanding the tax base and year-round and seasonal employmenU opportunities. Policies Encourage diversification of agricultural crops and the marketing of Southold as a prime location for climate- sensitive forms of agriculture. Strengthen the Town's important commercial fishing and agriculture industries. Promote vacation and seasonal uses with respect for the Town's year-round needs, environmental features and rural - heritage. 34 f I- I I ! I .I l l. l I I Improve the ?o:~'s existing commercial areas but do not encourage large scale expansion of current development. E--~couraqe ~.~ development of further~ public and private ~ari~ul~re activities in the waters adjacent to the Town. ~courage the development of land based support facilities for the 'Tc~-a's fishing industry. Provide ~pportunities to accommodate office and research development, liqht industry and industries related to other elements of the economy. Limit strip commercial areas and encourage the concentration of comfnercial uses in existing shopping areas. Waterfront Goals Maximize appropriate use of coastal areas in a manner that protects sensitive coastal areas, maximizes access to the water and achieves economic benefit. Policies Promote water-dependent and water-related uses in waterfront areas which are not environmentally sensitive. Protect the quality of coastal waters. Increase the number and quality of public beaches. Insure physical and/or visual access to scenic vistas and waterfront areas.~ Promote co~ercial and recreational fishing and boating opportunities where there are no conflicts with existing residential development or sensitive natural features. Promote maintenance of existing navigable wate~.¢ays. Transportation Goals Insure adequate movement of people and goods within Southold, as well as into and out of Town, in a manner that maximi=es safety and maintains the integrity of residential and agricultural areas. 35 Policies Encourage tion. the use and/or development of public transporta- Encourage roadway and intersection improvements thau ~ill improve the flow of traffic and promote safety. Community Facilities/Utilities Goals Ensure the provision of an adequate range of community facilities, services and utilities to accommodate existing and future Town needs in a convenient and cost effective manner. Policies Improve, maintain and expand where appropriate to accommo- date present and future development of the water supply, sanitary sewer, storm drainage and solid waste disposal systems in order to support the desired level of development and to maintain and protect a healthful living environment, a viable economic base and the natural environment. Provide an open space and recreation system adequate in siza~ and location to serve the total (seasonal and year-round) population. Assure availability of and/or access to a full range of modern health services, including emergency services, for all citizens. Provide a full spectrum of accessible educational facilities and services to meet the needs of all segments of the community in the most efficient and effective manner. Promote the provision and availability of necessary social Services, including appropriate neighborhood, senior citi- Zen, and day care facilities. Provide a full range of public safety services (police, fire, ambulance, rescue, etc.) necessary to create an environment of personal security and protection of property. 36 APPENDIX B Brief Synopsis of Changes Made to Specific ~oning Districts in the Southold Town Code 1957 - 1989 In 1957, there were only three zoning districts: "A" Residential and Agricultural, "B" Business and "C" Industrial. The "A" district permitted one-family dwellings and a number of other community facility-type uses, but not multiple dwellings. The "B" district, however, permitted two-family dwellings and multiple family dwellings, provided however that the lot area and other requirements of the "A" district were complied with. In 1958, the "M" Multiple Residence District was added to the Zoning Code. This district permi%ted all the uses allowed in the "A" district, plus multiple dwellings designed for and occupied by not more than four families. Hotels, motels, boarding and tourist houses and cottages were also permitted. The minimum lot area required in this district was 12,500 square feet. It is interesting to note that in 1958, the "B" district permitted multiple family dwellings as regulated by specific provisions of the "A" district. In fact, the "B" district allowed densities up to twenty families on one acre of land. By contrast, the "M" district only permitted a density of four families per 12,500 square feet or about fourteen units to the acre. In 1966, the Zoning Code was amended to provide two multiple residential districts: "M" and "M-i". The "M" Multiple Residence district allowed all the uses permittsd in the "A" district plus dwellings designed for and occupied by not more than four families, boarding and tourist houses, motels and hotels, tourist cottages and camps, and non-commercial marinas, The "M-i" district was similar except that it did not allow hotels, motels, tourist cottages or camps, and non-commercial marinas. The minimum required lot area remained at 12,500 square feet per lot. The 1966 Code also had three business districts, of which only the "B-2" district is of interest to us here. That district allowed all the uses allowed in the "A", "M", and "M-i" districts along with multiple dwellings and bonafide commercial uses. The maximum allowable density was still twenty units to the acre. And, the allowable density in both multiple residence districts still limited to the equivalent of fourteen tQ the acre. 37 In 1971 the entire Zoning Code was revamped. The "M" District was renamed the "M" Light Multiple Residence District: and, the "M-i" Multiple Residence district was renamed the "M-i" General Multiple Residence District. In the "M" Light district, all "A" uses were permitted by right, along with multiple dwellings for up to four families and boarding and tourist houses. The "M-i" General district permitted all the uses allowed in "M" Light. But other uses thaL previously were permitted as of right (such as non-co~ercial marinas, multiple dwellings, motels and hotels and tourist camps) now required a Special Exception. In 1971, the required minlmum lot areas increased, dramatically, to 40,000 square feet for "A" and "M" Light districts; and 80,000 square feet for "M-I" General districts. Also in 1971, the three business districts were consolidated back to two districts. One parcel under review in this study was changed from "B-2" to "B" Light Business. All uses that were permitted in the "M" and "M-i" districts were also permi[ted in the "B" Light district, exactly as provided for in the multiple residence districts. In keeping with other increases, the minimum lot area in the "B" Light district was increased to 20,000 square fee~i In 1989, major changes were made to the Zoning Code, which is the one we use today. In this Code, both multiple residence districts were eliminated, and a new district, the Hamlet Density HD District, was created. The business districts were changed also. Today, the B General arid HB Hamlet Business districts closely parallel the business districts of the previous code, meaning that multiple dwellings are allowed by Special Exception within these zones. 38 Draft Notes from the Town Board Work Session on Hamlet Density review, 2/25/94 Boardmembers made a number of general conunents about the review, including these: There is a substantial amount of inappropriately zoned property in the Town and it is now timely to deal with it. Of particular concern is the tendency towards suburban sprawl -- the natural form that development is likely to take in the absence of well thought-out planning. The Master Plan and the Stewardship Task Force both emphasize hamlet-center development as appropriate to Towns like Southold. Promoting most growth in and around the hamlet centers strengthens the business prospects of our "downtown" centers while keeping open space and farmland undeveloped. Greenport is a special planning case because the Incorporated Village has its own planning and zoning framework, it has the largest developed business center in the Town, and because there is a preponderance of unbuilt HD parcels on the edge of the Incorporated Village. HD parcels, if developed to maximum density, require public water and public sewers. The Greenport Water Company has been called on to supply public water to some of the HD parcels but the utility has not been able to extend its system as requested in many cases. Property owners have options other than Greenport water, however, and at some future point SCWA water is a distinct possibility in the area. At present, all Greenport water comes from wells within the Town but outside the Incorporated Village. The availability of public water and sewers may be a secondary concern but should not be a primary consideration in this review. It has been about ten years since RPPW began developing its master plan recommendations; it is therefore appropriate to consider now possible modifications to the Master Plan and refinements in its implementation. The HD review is only one of many possible changes that may be warra~lted in our zoning map. The Town Board will want to look into the appropriateness of other zones and policies, and will want to consider some positive incentives, particularly in the hamlet center areas, not simply additional restrictions. There are arguments for proceeding ahead only when the Board has a package of changes that addresses all or many of these needs, but it is probably not feasible to attempt to hold up all changes until we have agreement to enact them all at one time. The proposed review raises questions of the property fights of the owners. It is not clear that all owners would be disadvantaged by an upzoning. In certain cases, in particular those in which owners have actually begun constructing pursuant to a building permit, they may have vested fights. Proposed Outline of the Review 1. Introduction and Background Purpose of HD Zone HD uses by right and by spec exception Current extent of HD parcels Newly-created HD parcels through zone change How HD zones were treated in Master Plan Special impact of public water, sewers on HD zones, and vv. 2. Need for the Review - Concern about Greenport - Disproportionate concentration of density - Disproportionate concentration of affordable housing - Burden of providing public water, sewers - Few HD parcels actually built out - Question of consistency of HD zones with: - Master Plan goals and objectives - US/UK Stewardship Report - Stewardship Task Force recommendations (draft) - Other 3. Town Board Resolution of Jan. 4 - Test of resolution - Board's intent - Asked staff to carry out the review 4. Criteria of the review - Public Policy - Physical limitations - Surrounding land uses - Status of Infrastructure - Current state of development - Other Panel-by-Parcel Review Conclusions and Recommendations. DISCUSSION OF HD ZONE REVIE~ Should HD zones be spread evenly through the Town or just focused around one or two hamlets? How should the goals of Raymond, Parrish, Pine and Wiener's memorandum on planning issues be applied to the present HD zones? What is the current state of development in the HD zones? Are there physical limitations on these properties, i.e. wetlands, bluffs, waterfront access, etc. ? What are the land uses surrounding these HD zones? What is the status of the infrastructure (water and sewer) to serve these properties? I- I- I i I 1 I I i i_ I_ I l R PW Raymond, Parish, Pine & Weiner, Inc. 555 White Plains Road, TarrYtown, NY 10591 gta/63t.9003 212/365-2666 M rncrandurn June 20, 1983 TO: Southhold Planning Board FROM: RPPW, Inc. RE: PLANNING GOALS A clear statement of the Town's long range goals is an important element of the planning process in that it foz-ms the basis for various 1Qng and short range objectives, policies, strategies, and progra~ns. Such a statement will help to crystalize in the minds of residents, business people, and public and private decisionmakers the precise directions in which the Town should develop. Such a statement is useful in setting priorities as well. While the goals are general, if there is a consensus or general agreement on them and on their interpretation, they provide 'justification for more specific elements of the planning and development process. .~ To achieve this consensus and a sense of priorities, a process for refining the initial statement needs to be carried out. This memorandum sets forth an initial statement' of goals which can serve as a basis for discussion. This initial statement is drawn from several sources including meetings of the Master Plan Workshop, discussions with various representatives of Town agencies, private business, institutions, and environmental and real estate groups. This initial statement does not necessarily reflect the order of priority. It may very well be that as discussions proceed, priorities will become evident and adjustments will be made. The main purpose of this memo is to stimulate thinking and discussion on this important topic as a basis for the Town Plan. PROPOSED GOALS AND POLICIES Overall Plannin~ Goal Provide a community of residential hamlets which are: comprised of a variety of housing opportunities and connner- cial, service, and cultural activities; serving to establish a sense of place; set in an open or rural atmosphere; supported by a diversified economic base (including agricul- ture, marine commercial and seasonal recreation activities] that maximizes the Town's natural assets, including its coastal location; and are striving for a compatibility between the natural environment and development. Policies Implement planning policies which provide for a number of housing types, promote agricultural preservation, encourage the preservation of environmentally sensitive areas, protect groundwater, encourage water-dependent and water-enhanced uses of coastal lands, and support commercial and industrial activities in appropriate locations. Housing/Residential Development Goals Preserve the existing housing stock and provide the oppor- tunity for the development of a variety of housing types to meet the needs of people at various stages of the life cycle, various income and age levels and household composi- tions. Policies Encourage housing development, of varying types and den- sities, in and around existing hamlets. Using available assistance programs as well as land use, regulatory techniques and procedures to provide such assis- tance as may be needed to provide affordable housing, especially to younger and older segments of the community and to allow retired or moderate income homeo~{ners to maintain their properties. Maintain the integrity of residential neighborhoods by preventing through traffic movement and by discouraging uses that are incompatible with a residential environment. f !- i ! I ! ¢ Acricultural Preservation Goals Preserve the Town's prime farraland and encourage its con- tinued use for agriculture. Policies Limit non-agricultural uses areas through methods such easements. in designated prime agricultural as agricultural zoning and Promote a Town agricultural preservation program, incor- porating purchase of development rights, transfer of devel- opment rights, public information training and financial assistance programs to enable farmers to diversify into more profitable crops. Environment Goals Preserve and enhance the Town's natural environment. Maintain and protect Southold's agricultural heritage and pastoral and open quality. Insure that there is adequate quantity of potable water to serve Southold's year-round and seasonal populations. Policies Restrict development in wetlands, tidal marshes, bluffs, ,. dunes and beaches. Promote a development pattern that is responsive to sensi- tive areas exhibiting prime agricultural soils, poor drain- age, high water table, high erosion hazard, flood hazard, sensitive coastal features, great scenic qualit~ and wood- lands. Protect the Town's water supply from further contamination by encouraging the use of techniques that reduce pollution from fertilizers, herbicides and pesticides (agricultural and residential), requiring adequate water supply and septic system conditions for new development, and employing minimal maintenance dredging of streams (to minimize salt water intrusion). Promote development patterns that are at a scale that is commensurate with the available water supply. 3 Maintain and improve surface water quality by reducing sources of pollution and utilizing modern runoff control techniques to reduce stream siltation. Maintain finfishing and shellfishinq habitats by reducing sources of pollution and by limiting dredging of streams and disturbance of wetlands. Cultural Environment Goals Preserve the historic, cultural, architectural and archae- ological resources of the Town. Preserve End strengthen the hamlets as cultural, residential and commercial centers of activity in the Town; as a means of creating viable uses for historic buildings and areas and encouraging a "sense of place." Policies Promote the inventorying of cultural resources and encourage the establishment of Town historic districts and preserva- tion of historic buildings and sites. Plan for intensity and mix of development of hamlet centers~ that improve the viability, functioning and aesthetics of hamlet commercial centers without changing the scale of the centers. Economic Development Goals Strengthen and diversify the Town's economic base as a means of stabilizing and expanding the tax base and year-round and seasonal employment opportunities. Policies Encourage diversification of agricultural crops and the marketing of Southold as a prime location for climate- sensitive forms of agriculture. Strengthen the Town's important commercial fishing and agriculture industries. Promote vacation and seasonal uses with respect for the Town's year-round needs, environmental features and rural heritage. 4 [ [ I ! ! I ! l [ [ l L. Improve the Town's existing commercial areas but do not encourage large scale expansion of current development. Encourage the development of further public and private mariculture activities in the waters adjacent to the Town. Encourage the development of land based support facilities for the Town's fishing industry. Provide opportunities to accommodate office and research development, light industry and industries related to other elements of the economy. Limit strip commercial areas and encourage the concentration of commercial uses in existing shopping areas. Waterfront Goals Maximize appropriate use of coastal areas in protects sensitive coastal areas, maximizes water and achieves economic benefit. a manner that access to the Policies Promote water-dependent and water-related uses in waterfront areas which are not environmentally sensitive. Protect the quality of coastal waters. Increase the nua~ber and quality of public beaches. Insure physical and/or visual access to scenic vistas and · waterfront areas.l Promote commercial and recreational fishing and boating opportunities where there are no conflicts with existing residential development or sensitive natural features. Promote maintenance of existing navigable waterways. Transoortation Goals Insure adequate movement of people and goods within Southold, as well as into and out of To%Ch, in a manner that ma:(imizes safety and maintains the integrity of residentia~ and agricultural areas. Policies Encourage the use tion. and/or development of public transporta- Encourage roadway and intersection improvements that will improve the flow of traffic and promote safety. Community Facilities/Utilities Goals Ensure the facilities, and future manner. provision of an adequate range of community services and utilities to accommodate existing Town needs in a convenient and cost effective Policies Improve, maintain and expand where appropriate to accommo- date present and future development of the water supply, sanitary sewer, storm drainage and solid waste disposal systems in order to support the desired level of development and to maintain and protect a healthful living environment, a viable economic base and the natural environment. Provide an open space and recreation system adequate in $iza~ and location to serve the total (seasonal and year-round) population. Assure availability of and/or access to a full range of modern health services, including emergency services, for all citizens. Provide a full spectrum of accessible educational facilities and services to meet the needs of all segments of the community in the most efficient and effective manner. Promote the provision and availability of necessary social services, including appropriate neighborhood, senior citi- zen, and day care facilities. Provide a full range of public safety services (police, fire, ambulance, rescue, etc.) necessary to create an environment of personal security and protection of property. 6 ! {_ {_ { RPPW ' Raymond. Parish, Pine & Weiner, Inc. 555 White Plains Road Tarrytown NY 10~ emorandum April 26, 1983 TO: Southold Planning Board FROM: RPPW, Inc. RE: PLANNING ISSUES The Town Master Plan has to address various issues, many of which are interrelated and many of which require consideration of alternative responses. Based upon the preliminary analysis of the various factors affecting planning in Southold, the following are the issues to be addressed in the Plan: A. Overall Pattern of Develoument Protection of Town's Rural/Exurban Character reflected in a combination of hamlet centers, farmland, large expanses of undeveloped land - accommodation of new development._within this framework Suitability of Land for Development development or retention of farmland · proximity to/adequacy of community services · protection of environmental features - Wetlands;' tidal marsh; dunes, beaches and bluffs; scenic vistas; waterways - creeks and ponds; · physical constraints - high water table; steep slope; poor soil permeability; flood hazard areas; erosion hazard areas siltation · drainage problems 3. Aariculture · economic viability; chan~ing structure; cost changing crops · availability of farm labor · impact on water quality and on water quantity · preservation of land for farming or open space of Water SuDDlv -- Quantitv and Qualitz · protection of subsurface water from pollution emanating from development and agriculture; implications for development policy sufficiency of potable water to service future development, especially in Orient, East Marion and along coastline · approach.to supply of water - individual wells; small central systems; few larger systems · implications of importing water; desalinization of salt water Housing~Residential DeveloPment · distribution/density · lack of affordable housing for low, moderate and middle income segments of population · absence of small units - older and younger one and two person households · seasonal vs. year-round housing · conversion of seasonal to year-round Poeulation Mix · aging of population decline of labor force; implications for volunteer services such as fire and rescue service; changing service needs · year-round/seasonal - implications for services Approved - Unbuilt Subdivisions · why unbuilt - density; location; physical conditions · implications for water consumption; other services · ownership pattern affect upon future planning/ zoning Traffic and Transuortation adequacy of existing major east-west roads to accommodate traffic; technical capacity desired levels of traffic · safety at several key locations · private roads - emergency access - implications for access to beaches · need for or appropriateness of improved north- south roads · need for and location of a Town airport · adequacy of service by buses and trains - year-- round/summer season/time of day · need to encourage expansion of ferry service to markets in New England expand 2 !- I i ! ! 1 t / L L L / I .B. Econom~ · seasonality of .economy need to expand and/or create year-round economy; increase jobs for young adults · stability of agriculture and fishing - need to protect resources (farmland, fish habitats) appropriateness of encouraging agriculture and fishing as elements of economy; mariculture · need for flexibility on part of farmers and farm workers - retraining · limited growth potential for commerce and industry including fishing and agriculture · expansion of seasonal/tourist economy 10. Historic and Cultural Resourcee · preservation as part of Town's quality; heritage · enhancement for economic purposes 11. Seasonal DeveloPment how much, where and what type (seasonal residences/transient tourist) - land consumption and potential damage to environment; importance to economy - jobs and tax base; limited demand on many services 12. Hamlet Centers · preserve scale and character/concentration of housing and services · focus of Town's economy - commerce limit strip commercial development · historic preservation progra~ Community Facilities 13. Schools · potential consolidation - potential increase in shared services · extent to which existing physical plant can accommodate additional enrollment · school plant as resource for recreation/cultural and educational activities coordination of use and programming 14. Sewer · implications of expandin~ Greenport system - limited capacity · use of individual inground systems or small ~ central inground systems - limitation on density; impact on subsurface water · new treatment systems - cost; level of development necessary to support versus desired density of development 15. Water SuPPly · protection of quality of supply · continuation of individual wells versus central supply · treatment of individual and public/community systems wells; costs · import water or desalihization · establishment of Town supply and/or treatment district to serve all or part of Town · expansion of Greenport system 16. Public Safety · Fire - assurance that all areas of Town covered need to improve accessibility to some areas; future availability of manpower; substandard private roads · Police - adequacy of facilities for future development; seasonal expansion · Emergency-Rescue - sufficient for emergencies; only one amnulance service for general medical transportation; manpower 17. Recreation 18. · need to assure access to water for recreation including boat launch and mooring sites, beaches, and scenic vistas · need additional recreation areas and open space areas in scme parts of the Town · swimming pool; youth center(s) · access to school facilities assures availability of basic facilities to all areas of the Town Landfill · life of present facility limited expand or pursue alternative source of disposal · landfill on aquifer - threat to subsurface water · methane gas - use for energy or dissipate 4 t- I I I I I I I I L L I_ I L L 19. Access to Water · beaches - swimming, bathing, walking, viewing scenic vistas · boat launching on north shore/launching and mooring on south shore for commercial and recreational fishermen · attractiveness for private residential/commercial development often precludes maintenance of access · use for resort facilities 20. Quality of Coastal Waters · critical to fishing industry and recreational fishing · swimminq/water sports · marine habitat · encouragement of marioulture development 21. Coastal Land Use Conflicts · availability of land for marine commercial uses as a priority objective · need for additional boat slips -dredqinq · competition with water-enhanced uses such as restaurants, motels 22. Protection of Sensitive Coastal Environment · tidal marshes · . dunes, beaches, · scenic vistas · water quality bluffs 23. Salt Water Intrusion · need to protect ground water area development limit qn coastal 24. Navicabilitv of Waterways · siltation and dredging disruption of shellfish beds/spawning grounds The ~aster Plan will address these issues. The next step will be to establish a set of ~oals to serve as a mechanism to measure the response to the issues. The process for establishing a concensus on goals will be one of the initial steps in Phase II, the preparation of the Plan itself.