HomeMy WebLinkAboutWayne Associates - Denied WHEREAS, a petition was heretofore filed with the Town Board of the
Town of Southold by .................. '~..a.~...~..o..~..~t~s..e.~ ..............................
requesting a change, modification and amendment of the Building Zone
Ordinance including the Building Zone Mops made c~ part thereof by chong~
"A" Residential and "M-i" GeneraIz
lng from ......... ~J~?..~_..q.u..~..t:..~.~..~..].. ...... District to ..M.~.~r.~:~.]:.e....~..e.~.J....d.~..~..°..~
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 ~aid
petition having been duly held by the Town Board on the ...... .6..~.h.. ...... day
of ............... ~.8,y .......................... , 19...8...0.., and due deliberation having been
had thereon
NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said
petition be, and it hereby is DENIED.
Dated: June 10, 1980
JUDITH T. TERRY
TOWN CLERK
TOWN OF SOUTHOLD
TELEPHONE:
477-0400
GREENPORT LUMBER
,MAIN ROAD, GREENPORT
NEW YORK 11944
June 9, 1980
Mr. William Pell
Supervisor of Southold Town
Main Road
Southold, NY 11971
Dear Bill
As owner and operator of the Reydon Country Club
apartment house on Bayview Road, Southold for 2~
years, I experienced absolutely no difficulty in
supplying water to 5 families from one 2" well.
Sincerely ~
Ge~ge L. ~Penny IV f
Treas.
GLP:cb
CC:
3ohn Nickles
George Sullivan
Henry Drum
Larry Murdock
~ OI180UTHOLD
· A ~ '
RECEIVED
JUN 1 0 1980
:Town Clerk Southold
w ,i~"N yo,xm
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
A public hearing was held by the Southoid Town Board at the
Southold Town Hall, Main Road, Southoid, New York at 8:30 o'clock
P.M., Tuesday, on May 6, 1980 in the matter of the application of
Wayne Associates for change of zone from "A" Residentiai and
Agrieulturai to "M-i" Generai Multiple Residence District on
property located at Bayview, Southoid, New York.
Present were:
Supervisor William R. Pell III
Councilman Henry W. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman George R. Suliivan
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Supervisor Pell opened the hearing at 9:05 P.M.
COUNCILMAN SULLIVAN read the legal notice of hearing as follows:
PURSUANT to section 265 of the Town Law and requirements of
Chapter 100 of the Code of the Town of Southold, Suffolk county,
New York, public hearings will be held by the Town Board of the
Town of Southold at the Southold Town Hall, Main Road, Southold,
New York on the 6th day of May, 1980, on the foloowing proposal
to amend the Building Zone Ordinance (including the Building
Zone Maps) of the Town of Southold, Suffolk County, New York.
8:30 o'clock P.M. By changing from "A" Residential and
Agircultural District to "M-i" General Multiple Residence
District the property of Wayne Associates situated at Southold,
in the Town of Southold, County of Suffolk, State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the interesection of tile
southerly side of Orchard Lane (private) with the easterly side
of. Cedar Beach Road; running thence along the southerly side of
Orchard Lane south 66 degrees 52 minutes 20 secondw east 451.63
feet to a point; running thence 60 degrees 37 minutes 40 seconds
east 63.02 feet to a point; running thence along the arc of a
curve bearing to the'right having a radius of 156.20 feet a
distance of 121.09 feet; running thence south 58 degrees 46
minutes 50 seconds east 181.42 feet to a monument; running
thence south 62 degrees 07 minutes 30 seconds east 205 feet to
the ordinary high water mark of Cedar Beach Harbor; thence
southerly and southeasterly along the ordinary high water mark
of Cedar Beach Harbor 426 feet more or less to the northerly
line of lot no. 39 on Map of Cedar Beach Park aforementioned;
running thence north 62 degrees 07 minutes 20 seconds west
220 feet to a point; thence north 22 degrees 07 minutes 40
seconds east 28.25 feet; running thence north 66 degrees 52
minutes 20 seconds west 754.52 feet to the easterly side of
Cedar Point Drive; running thence along the easterly side of
Cedar Point Drive and along the easterly side of Cedar Beach
Road north 23 degrees 07 minutes 40 seconds east 322.11 feet to
the corner first above mentioned at the point or place of
BEGINNING.
( (2)
PUBLIC HEARING
CtIANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
Any person desiring to be heard on the above proposed
amendment should appear at the time and place above so
specified.
DATED: April 8, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY
TOWN CLERK
COUNCILMAN SULLIVAN: We have in the file af£idavits of publi-
cation from both the L.I. Traveler Watchman and the Suffolk Weekly
Times, and we have an affidavit from the Town Clerk that it was
posted on the Town Clerk's Bulletin Board. I have a letter from the
Southold Town Planning Board dated March 14, 1980, which reads as
follows: "The following action was taken by the Southold Town
Planning Board at a regular meeting held March 10, 1980. RESOLVED
to recommend to the Southold Town Board denial of the application
of Wayne Associates for a change of zone from A Residential to M-1
General Multiple Residence for property located at Southold because
it is not in conformity with the development map of the Town of
Southold. /s/ Henry E. Raynor, Jr., Chairman, Southold Town Planning
Board. I also have a letter from the Suffolk County Department of
Planning dated April 3, 1980 which reads as follows: "Pursuant to
the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, The Suffolk County Planning Co~nission on April 2, 1980 re-
viewed the above captioned application and a£ter due study and
deliberation Resolved to disapprove it because of the following:
1. It is inconsistent with the predominant single family residence
pattern of zoning and character of the surrounding area; 2. It
constitutes the unwarranted further encroachment of multifamily
zoning into single family residence district; 3. It would tend
to establish a precedent for further downzonings in the locale;
and 4. It is inconsistent with the Town of Southold Development
Plan which designates the easterly portion of the premises for
Surburban single family residence development./s/ Gerald G. Newman,
Chief Planner, Suffolk County Department o:[ Planning. Also, a
letter from the Suffolk County Department of Health Services,
dated May 9, 1980 which reads as follows: "Please be advised
that this letter concerning the sewage and water supply facilities
was written prematurely. Prior to approval, it will be our re-
quirement that an acceptable water supply study be conducted, in
addition to the normal processing procedure. /s/ Royal R. Reynolds,
P.E. General Engineering Services, Suffolk County Department of
Health Services."
SUPERVISOR PELL: Thank you very much. At this time is there
anyone who wishes to be heard in favor of the application?
JOtlN GILLES,Attorney for %¥ayne Associates: My name is John
Gilles, I'm an attorney and I maintain an off~ce at 320 Conklin
Street, Farmingdale, N.Y. I am the attorney for the applicants
Wayne Associates and a principal of Wayne Associates. Mr. Super-
visor and member of the Town Board by way of introduction ~ayne
Associates is a co-partnership composed of five individuals, an
attorney, an architect, an engineer, and three individuals who
have been long associated wiLh the building industry. Four of
those individuals have had close long standing personal ties with
the North Fork and particularly the Town of Southold. They are
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-l¥AYNE ASSOCIATES
May 6, 1980
all impressed with the natural beauty of our area and the charm of
its' rural character. Now, it is those unique qualities that drawn
some many to the Town of Southold first as a vacation retreat and
ultimately in many instances as a permanent retirement home. Large
summer homes converted for permanent living on large tracts of land
no longer are suitable, unIess personal family circumstances change,
and yet these same residents are reluctant to sever their roots with
the North Fork and locate elsewhere. Now, condominium ownership
which is what this is all about, as we propose it will afford a
limited number of those residents an opportunity to continue their
gracious lifestyle within our Town without the burden and time-
consuming chore of outside maintenance and ground keeping. Now,
condominiums are a comparatively new concept within the Town of
Southold and we recognize that without specific definitions and
descriptions, it is not difficult to conjure visions of multi-tenta-
tive units marring the natural beauty of the area, polluting our
water supply and encroaching into our irreplaceable tidal wetlands.
We are confident that once we have concluded our presentation this
evening, the Board and the community hopefully, will be assured that
what we have proposed here is a viabIe concept consistent with Town
planning and generates positive not negative overtones. Unfortunate-
ly we don't have an additional copy of the site plan so the audience
can see it, but the site plan illustrates, of course, the subject
premises and they lie within the community which is commonly referred
to as Bayview comprising a parcel containing some 7.8 acres oi land.
It has a frontage on Cedar Beach Road of approximately 322 feet and
extends easterly towards Cedar Beach Harbor approximately 975 feet.
Now, located on Cedar Beach Road is the General Wayne Inn and Restaur-
ant which is currently zoned M-1 General Multiple Residence and
comprises an area of approximately 50,000 sq. it. Now, what we pro-
pose this evening is that multiple family zoning be extended eastward
to encompass the entire area. The details concerning the placement
of tl~e units, the type of construction, I'll refer to later in the
presentation. But, I would now like to dwell upon certain areas of
concern which expressed in writing to the Department of Environmental
Conservation at Stonybrook and I believe were also directed to this
Board. These areas of concern seem to involve four main categories:
and they are water supply, sanitary disposal system, density, and the
environmental effects upon the tidal wetlands. Now, with your permission
I would like to take each one separately. With respect to a water supply
system, now, to determine the adequacy of water supply which would
support the General Wayne Restaurant as well as the 14 condominium
units we engaged the services of Kreiger Well & Pump Drilling to
conduct test borings. These test borings have been conducted and
they demonstrate an ample supply of ground water to meet the potential
needs envisoned by our proposal. I would like to submit to the Board
at this time, the written report of Kreiger Well & Pump, if you like
I would be glad to read this for the benefit of the audience. This
is Mr. Kreiger's report "Drilled 50 ft. of 2" well - would not pump
at 50 feet, pulled well back to 46 feet and pumped for 2 hours,
started as fresh water, after 1 hour the chloride rose ever the
limit of 250 prm, pulled well back 18 feet to 28 feet and pumped for
2 hours at 50 gallons per minute, chlorides were under 100 prm" -
I understand that the acceptable limit for chloride is 250- "and did
not change, pumped approximately 6,000 gallons in 2 hours. There is
( (4) (
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
approximately 30 feet of usable potable water at this site. It is
our opinion that there is sufficient-potable water at this site for
the planned 14 un,ts. The 14 units ~vith 4 people per unit, consti~
tutes approximately 56 persons. Fifty (50) gallons per minutes, or
rather per day, per person is a total of 2,800 gallons, the total
for all household purposes - adequate." I ~c:~t into greater detail
with the gentleman who conducted this well dr.illing operation and
he tells me that this is a rather unique area. He advises me that
there is adequate ground water in this area. The quality of the
water, however, will change depending upon exactly where you are in
the community o£ Bayview. It is somewhat inferior immediately to
the north of the General Wayne Restaruant but perfectly adequate
and suitable for all purposes in the vicinity of the General ~ayne
Restaurant. I'd like to submit that please. The next consideration
is the sanitary disposal system. Now the proposed treatment dealing
with the sanitary disposal system would be as £ollows: If you will
look at the site plan you will notice that the groupings are three
units: three units, three units, three units, two unit, and a three
unit. Each of group of units four groups o£~three and one group of
two will be served by a single septic system. Each septic system
will consist o£ a septic tank and leaching pools. The number of
leaching pools based on ground water level and a maximum number of
these pools would be 15 units. Now, the ultimate judge of the
adequacy of such a proposed system, particularly in terms of whether
or not it would have a pollutant effect upon our water supply system,
as the Suffolk County Department of Health has evidenced by the
letter that Mr. Sullivan read. We took this matter up with Mr.
Jewel, who evidently was not in touch with the author of that letter,
we exhibited our site plan to him and our engineer reviewed very
carefully our proposed method of sanitary disposal system. I
received a reply ~rom Mr. Jewel as follows: "Please be advised that
we are in receipt of the preliminary site plan of the above referenced
site. A preliminary and cursory review indicates that the Department's
standards for sewage disposal and water supply can be met. Should you
have any further questions, please feel free to contact this office.
/s/ Robert W. Jewell, P.E. Genera]. Engineering Services, Suffolk
County Department of Health Services." Please place thSs in the ~ile.
The third consideration is one of density. The map of Cedar Beach
Park ~iled in the Suffolk County Clerk's Office on December of 1927
covers the subject property as well as the surrounding area. A
review of this map indicates that the bulk of the lots shown thereon
comprise plots of one half acre or less. Now, true this is not an
approved map, but I believe it is reasonable to assume that many of
these one half acre or less plots have been held in single and
separate ownership and the owners would have an absolute right to
construct homes. In fact, a review of the radius m:~p, prepared by
our surveyor, Mr. Van Tuyl, indicates that there are improved
properties within the immediate vicinity of the Get, era] ~ayne
Restaurant upon plots of less than one half acre. One such dwelling
lies inm~ediately to the north and three are ~mmedJ~tely to the south,
a~ well as a varied number of vacant lots which appear to be held in
single and separate ownership and capable of supporting single family
dwellings. Now, we've proposed on the 6.8 acres, 14 units or 2.059
units per zoning acre. We do not consider this an unreasonable
burden. The multiple dwelling density in the Town of Southold, as
you know is 9,000 sq. ft. of land per unit, as we propose 14 units,
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
those units would require a total of 126,000 sq. ft.. We are setting
aisde 275,346 sq. ft. o~ land for this purpose. Clearly, while we
are seeking multiple family zoning, we are not seeking to exhaust
the benefits of such zoning, but will in fact maintain the character
of the immediate surrounding area. On the question of environment.
The area abutting Cedar Beach ttarbor with its' natural marshlands
and vistas overlooking Peconic Bay was actually the motivation
behind this concept. The tidal wetlands of the North Fork, as you
know have been aerially mapped and are on file in the office of the
New York State Department of Environmental Conservation in Stonybrook.
The area that we propose facing Cedar Beach Harbor would be located
purusant to the guidelines issued by the State and they would be at
least 75 ft. from the landward edge of the marsh. The area lying
between the highwater mark and 75 ft. west of the upper edge of the
marsh, I might indicate that this line here is the line of the upper
marshland, under the New York State rules and regulations you must
locate you improvements a minimum of 75 ft. from the edge of that
marshland. This would have the net effect of placing all of those
units that border on the Cedar Harbor a minimum distance of 160
ft. away ~rom the highwater mark. The natural grove of cedar trees
to the south of the property to the extent that they are located
upon our site would remain and provide a natural buffer. Now, Mr.
Gemma, our architect, has designed the proposal keeping environmental
considerations uppermost in his mind. This site plan has been review-
ed by Mr. Roy Haje, a marine and environmental specialist, who I will
introduce shortly, to confirm its' negative impact upon our tidal
wetlands. I refer also to the letter directed to the Town Clerk
from the New York State Dept. of Environmental Conservation dated
March 20, 1980, and I would like to quote the third paragraph,
"The applicant has filed for the tidal wetlands permit and our field
inspection, and reviewed to date, indicates that the project will
meet our regulations minimum density and setback requirements.
Therefore, the project is not anticipated to be objectionable or
significant with regard to impacts to tidal wetlands" I believe
Mrs. Terry has this letter. Now, this is a pretty crucial part of
the presentation, gentlemen, and to demonstrate the sincerity of
our purpose here, we would be willing to covenant in perpetuity
the tidal wetlands which abut this area would £orever remain
undisturbed and would not be the subject of any dredging, marina
operation, or any other activity that would prejudice this,its
preservation. Now, at this time gentlemen, I would like to refer
to the s~te plan, the location of the units, the type of construction
and what we propose. As is evidenced from the plan, there are a
total of 14 units, so located, these will be constructed of frame
construction, natural cedar shingles, 6 of the units will be 2
bedroom and 6 with i bedroom, no, 3 with 1 bedroom, and 8 with
3. The utilities will all be underground. The effect of improv-
ing the area will leave unimproved and as vacant land approximately
5 acres or more. The road lay-outs will be prefereably gravel.
We estimate that the cost of construction of these units will
approximate a million two hundred thousand dollars, being part-
time residents of the Town of Southold we would make every effort
to utilize local contracting services for that purpose. The
total area now of 7.8 acres generates approximately $4,000. in
real estate taxes. Conversations with the assessors indicates
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243- WAYNE ASSOCIATES
May 6, 1980
that if this project goes, the potential tax impact on the Town
would be in 'the neighborhood of $30,000. ~ ~ $35,000. ~?e have
heard, indirectly, that the utilization o£ the General ~Tayne
Restaurant has to a certain degree been a source of some concern
to the immediate community of the General ¥'ayne. We propose to
continue tbe operation of t;,e General Wayn~ Restaurant. But we
hope to be able to operate it in the nature of a county inn type
o~ thing. ~e would hope to limit our capacity to 100 people.
The i~nediate alterations or renovations would mean the removal
of the large concrete area to the rear of the building. We
would limit any music to the piano type of situation. We would
attempt to create, to the best of our ability, a true historic
"country inn type" operation. At this time gentlemen, I would
like to introduce Mr. Roy Haje, a marine and environmental special-
ist who give you the benefit of his review and inspection o~ the
tidal wetland area. At the same time Mr. Gemma the architect,
and Mr. Walgrove the engineer are here, and they would be only
too happy to answer any questions that you might have concerning
th~ project. Mr. Haje.
MR. ROY L. tIAJE, Pres. En-Consultants, ~nc. which is located
at 64 North Main Street, Southampton, N.Y. 11966. I have a Bachelors
Degree in biology from Queens College from the City of New York.
have a Masters of Science Degree in marine science from C.W. Post
College of L.I. University and another master of science degree in
marine and environmental studies from the State University of New
York at Stonybrook. Prior to beginning En-Consultants, Inc. an
environmental consulting service, I was employed by the New York
State Department of Environmental Conservation for 11 years. Much
o~ that time was spent investigating projects in the marine area for
p~.~mit purposes. I have b(~en retained by Wayne Associates to
describe the marsh located on the applicants parcel and the antici-
pated effect of the proposed project on it. On May 2, 1980 and I
m~ght also add today, I inspected the parc~ [. I have found that a
h:i~h quality marsh is located on the parcei~ from the water line
la~dward and variable distance and up to approximately 80 feet.
Dominant species nearer the water is the salt marsh cord grass -
spartina alteniftora ~s found the entire periphery and beyond to
th~ adjacent parcel. Spartina alteniflora is characteristic of
inter-tidal marshes for those areas which are inundated by regular
diernal tidal action. Landward of this the land rises slightly
in elevation and the grass spartina patens assumes dominance.
Mixed with this are some high tide bushes ila frutessence and
groundso bush backrus alomofolia. These plants characteristically
grow so much higher than spartina a]teniflora where they are
inundated by tidal action less freq~ently. All of these species
are protected under th~? provisions of the t~dal wetland act, article
25 of the environmental conservation law. Landward of the high mark
area one encounters a brush and tree line. An excellent and attra-
ctive stand stands out amongst other species. Beyond this tree line
the ]and is essentially open grassed area dotted by a few cedar trees
and brush trees. The land is basically fiat with a few gently
rolling swales. Due to the high quality nature of the marsh, it
should not be bulkheaded, filled, or otherwise damaged. The
applicants have agreed to covenant that the marsh ~v~ll not be
developed either now or in the future. ~11 constr ; ion of
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
buildings will be at least 75 feet from the landward edge of the
marsh. This conforms to the development restrictions described in
part 661.6 of the N.Y.S.D.E.C. Land Use Regulations of Article 25
Tidal Wetlands excerpt. Leaving the tall trees behind the marsh
should screen the proposed structures from sight from the waterway.
Cesspools for the structures will be well in excess of the 100 ft.
mandated by the land use regulations. Locating them at this
distance from the marsh should prevent them from having any
deleterious effects upon either it or the waters of Cedar Cove.
A potential problem encountered in the development of upland
near marine waters is alteration of drainage patterns. I would
recommend making the roads of bluestone or other pervious materials
which will accept water. The structures themselves should be
fitted with drywells to contain the roof run-off. As the land
is essentially flat now, no large degree of re-grading should be
required. This should minimize alteration of natural drainage
patterns. Little, if any, additional over land runn-off should
reach either the marsh or the waterway. Another factor which
offers some potential for addition of nutrients for the waterway
is the use of fertilizers for lawns and shrubs. Proper application
which will be utilized on lawns and ornamentals should be used
without excess which would enter the waterway. Attention to these
factors, creation of restrictive covenants for the marsh area and
appropriate construction setback should allow the perpetuation of
the marsh and waterway in their present condition. I am familiar
with the applicants proposed project. It addresses the concerns
that I have stated above and it does not have a deleterious effect
either upon the marsh or the waterway. Thank you.
JOHN GILLES: In order for me to get safely home tonight, I'd
bet[er show these renderings made by my partner, the architect.
Let me just show the type of design that he contemplates. Why
don't you just hold one of these up. This is the type of units
that are proposed. They are one-story in :front, some of them will
be two-stories for the rear. They will, of course, be furnished
in a comparative luxurious fashion. The price of these units
would run somewhere in the neighborhood of $140,000. to $155,000.
In summation, gentlemen, what we hope to do, will actually, be
hopefully, a source of pride to the Town of Southold and ultimately
a source of pride to the community of Bayview. We recognize the
fears and concerns of the community, I think we have attempted to
relieve them this evening. We have done a lot of homework on this
thing and we've delved into the problems and attempted to come up
with the questions. And I hope you will give this your serious
consideration. Thank you.
SUPERVISOR: Thank you very much.
COUNCILMAN MURDOCK: I would like to question the gentlemen,
since the architect is here. In the middle of March the Town of
Southold was required to establish a flood plain law and if there
was ever a piece of property in my opinion that is subject to the
flood plain law, this would be it. It pertains to protecting the
sewage disposal flooding and also it deals with the foundations.
( (8)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
I was wondering whether you have applied your plans to the new
requirements of the flood plain law and whether you can in fact
consistently build in requirement with the flood plain law, a
multiple family complex?
JOHN GILLES: We have addressed ourselves to (hat problem and
we recognize the existence o£ the flood plain law and the rules and
regulations, as I understand them, require that the first floor
elevation of the foundation be 8 feet. Our architect feels that
that is absolutely no problem. The grade above water level at the
point o£ the closest house to the harbor would be somewhere in the
neighborhood of 5-5½ £eet, is that correct?
PASQUALE A. GEMMA, Architect: Yes, well, the natural grade is
about 6 feet.
JOHN GILLES: So the location o~ the foundation in compliance
with that particular flood plain law, namely, 8 £eet would present
absolutely no problem. We discussed it with Mr. Haje whom you
just heard testify and we feel we can meet those require~aents.
SUPERVISOR PELL: Does anyone else wish to be heard in favor
o£ the applicant?
(There was no response.)
SUPERVISOR PELL: Is there anyone who wishes to be heard in
opposition to the applicant?
WILLIAM WEINHEIMER, N.F. Taxpayers Assoc.: My name is Bill
Weinheimer from the North Fork Taxpayers Association. At a meeting
of the Board of Directors of the North Fork Taxpayers Association,
on May 5, 1980, a resolution was adopted objecting to the applica-
tion of Wayne Associates requesting a change of zone from "A" to
,~'M-i" in the Cedar Beach area. This objection is based on the
premise that we are unalterably opposed to spot zoning. Thank you.
SUPERVISOR PELL:
to the applicant?
Anyone else wish to be heard in opposition
MRS. OSCAR SCHLOSS, Paradise Point Road, Southold: I would
like to say that my husband and I as Bayview and Cedar Beach
residents, we want to express very firmly ~bject to the downzoning
of the property behind the General Wayne I;.n because of the fragile
water supply located in the Great Hog Neck. area and it is only
slightly above sea level and the salt wat(~ intrusion occurs here
more often than in any other Southo]d Tow~ area. S;~lt water
intrusion takes place in the ex~sting fresh water s~pply when
exhausted either as a result of a dry period or over usage. The
Ma]coIm Pirnie Engineers Investigation of water resources report
that Frank Bear referred to was done in June 1967 for the Town
of Southold's sake. The Southold's stored fresh water flows
laterally to the various bodies of water almost completely
surrounding Southold. There£ore, it is not safe to withdraw
fresh water from any portion of Southold to such ar~ extent where
the groundwater level is below one or two feet abov mean sea level
(. (
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-lfAYNE ASSOCIATES
May 6, 1980
because the danger of contamination by salt water is greater. It is
also noted that the groundwater level of 'the Great Hog Neck, parti-
cularly the Cedar Beach area is one foot above sea level according
to 'the above mentioned report. Wel]sdamage by salt water intrusion
are abandoned. It has been brought to out attention that the General
Wayne Inn ran short of fresh water during its' last year of operation
as a restaurant. Only yesterday, another well, just behind the Inn,
at 50 feet ran into salt water. The requested rezoning of this.
property will endanger the Cedar Beach areas' fresh water supply
and will risk spoiling the Cedar Beach Creek shorefront with septic
disposal problems from multiple family zoning in this particular
fragile area. A copy of the letter from Gerald Newman, Suffolk
County Planning Department is enclosed with our comments and with
Your additional reasons £or disapproval of this downzoning request.
In addition, I have some petitions that have been prepared and
signed by the residents o£ the area and many of our friends who
either own property or live in Southold. ! would also like to ask
at this time from the audience here tonight, i~ those of you who
are in favor of rejecting this proposal for downzoning raise your
hands please and show the Board your feelings. (Approximately
two-thirds of the audience raised their hands.)
SUPERVISOR PELL: Thank you very much. Do you wish to turn
those petitions in?
MRS. SCHLOSS: Yes.
SUPERVISOR PELL: Does anyone else wish to be heard here for
the record?
MR. HENRY LYTLE, Southold-Peconic Civic Association: Basically,
we are opposed to the change in the zoning for reasons as they now
stand, especially in light of this particular one which seems to be
the particularly fragile area and a very beautiful area, we would
hate to see it change at all.
SUPERVISOR PELL: Thank you very much. Yes, the gentleman that
had his hand up before..
BOB GAZZA: Yes, I'm Bob Gazza. I live on Cedar Beach Creek.
I have salt water in my well. I sent a letter to the Town Board.
I don't know if all of you have read it or not. I have spent a
thousand dollars in the past tweIve months trying to get good
enough water to drink out of my well. I moved into, I bought the
house last year. When we first moved in, our water was fine, it
took about two months and this was when salt water just started
creeping right into the well. When the gentleman here mentioned
before that as they pumped, they pumped at 46 feet after an hour
they started getting salt water. That's worse than my oase, it
took me two months to get salt wazer. The other thing I am con
cerned about is the cesspools. The elevation is very low on this
land. I don't want to see that creek get contaminated. Where I
live, if I dig down 6 feet and I hit water. We have one house, I
have 2~ acres on the creek, we have a 5 pool system for just my
wife and myself. If you are going to put 16 condominiums in here
(' (lO)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
and who knows how many people and how many pools per person and
dig down 6 feet for water, you have to put the pools 2 feet below
ground to start with, the pool ls 2 feet thick, you only have another
2 feet for the contamination to get down into the water. All that
groundwater as it rains is going to move right on into the creek.
I can't see it. Thank you very much.
SUPERVISOR PELL: Yes, the fellow in back in the white shirt.
JAY AKSCIN: Yes, my name is Jay Akscin. My parents own the
property adjacent to, just north of Wayne Associates. They also
get salt water in their well. When they are talking about ½ acres
lots there, true. My parents house in on an acre and three quarters
and thye hav~ one well. The neighbors, there are two other houses
there. One is on a half acre and the other is on a 1½ acre and they
have problems with their water, too. One guy has put a well in
three times already. They are talking about the trees to the north
of them, those trees don't belong to them, they belong to these
people. They are talking that th~.houses are going to be 75 feet
above the highwater mark or the flood plain. Well, I have lived
there all my life and I know 'the storm tides. I'm not a biologist
or anything like that, I don't know the name of the grass, but I
know when my feet get wet. About two acres of that land floods at
storm tide.
JOHN WISSEMANN; I am probably the closest neighbor. My house
is immediately adjacent to this property and would probably be,
maybe 75 feet from one of those units. I think those units are
pretty nice, but we do have lots of zoned property that they would
fit on. A practical matter, about the water, I', sort of caught
between temik to the north and the salt to the south. Plus, there
are three immediate neighbors and my own l~nd is exactly the level
as this ~operty they are talking about. Three of those immediate
neighbors, perodically, do right now have trouble with the water,
right now. At this particular tame it might be all right, but later
on in the summer they get salt water. Sometimes, I take water over
to them and this reoccurs all the time. It's not a one time thing.
And as to those men testing yesterday, they must have written up that
report rapidly. They were just testing it yesterday afternoon,
digging that well and they were getting salt water at the time I
was out there. Also, I think one reason this area is so nice, the
people there have been keeping it that way. With one family dwellings
and most of the land is like one acre pieces of property, not one
half acre. And the people have gone to great pains to make that
attractive. I can see why people would like to build condominiums
there. The people have worked hard to keep that area the way it is.
Just a casual walk over that property they plan to build these on,
common sense shows you, tells you that it could accomodate maybe
four private houses. It does get very wet and it would drastically
change the population density there and the whole atmosphere of
the area. Also, you worry about the sewage problem. It is a
constant problem with us. We first built leaching fields and we
were assured by the county insepctor that that would serve forever~
Well, it lasted about 6 years, then we went to cesspools, which
lasted until three more years. The most they could dig down is
6 feet before they hit water. Since then, there have been new
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
cesspools and new leaching pools, but really the only solution is
to call Daisy Morris twice a year. It is exactly the same and
continious with all that land. So water and sewage is an absolute
and practical problem there.
SUPERVISOR PELL:
wish to be heard?
Thank you very much. Does anyone else
PHILIP OFRIAS, Esq.: My name is Philip Ofrias. I'm here on
behalf of some friends in the Cedar Beach area. They talked to me
about it and asked me if I might come down here about it tonight
just to hear what went on. The gentleman over there, his comments
about tile water changing Within a period of several months. My
wife and I we recently built a new house over by Arshamomaque and
when we went to get our health permit to put in our well and the
permit you needed in order to build, they were concerned, that is
the health department, as to whether or not we could get good water.
We put in a test well and they pumped the water for, I don!t know
how long, and we came up with water that had 125 parts per million
of chloride and that was satisfactory. We built the house, we
moved into the house, now we are pumping 500 parts per million
of chloride. Friends of ours here in Southold, they know that
because we show up at their house with 5 gallon gerry cans because
the water for coffee and the water my wife waters the plants with
we have to import because the water that we are pumping out of our
well after 6 months was no longer any good for drinking or.for
cooking. What Mr. Giltes describes is a project which he and his
associates intend to do the very best they can to made it a very
desirable and pleasant finished project. However, I think that
they are working against some elements over which they have no
control and I think that is primarily the £ragile table both in
so £ar as fresh water supply and so far as sewage disposal. If
the Board is going to consider downzoning, and it may well be that
this; town is going to have to consider some downzoning in some areas,
I don't think that the application should be made or the consfderation
be made or given to those areas which are now borderline as far as
the fragile water systems go. Now, regardless of what they are
doing over there now, as far as water tests go, I think that in a
period of time, and the people that I know in Cedar Beach they are
all talking about the salt water intrusion as a recurring problem
not just one time, it comes and goes with the time of the year and
the rainfall. But, I think that the downzoning there, it may work
at that, but I think what the engineers have said that submitted
these reports is we think it can work. Well, maybe it can, but
more likely it can't. I think that if the application were in
another area of town, an area where the land and water were more
capable of supporting the project there would be ]ess concern of
the people of that community.
SUPERVISOR PELL: Thank you very much. Does anyone else
wish to be heard to speak in opposition to this application?
SOPHIA ADLER, Southold. We live on an inlet very close to
the General Wayne Inn and we understand and have lived with the
salt water intrusion and the difficulties that accumulate. But
I would just like to point out that the fragile environment of
(12)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
is not only fragile for human beings but one of the most wonderful
things about the area is the wildlife that flourishes there. Today
I can say that we have ospreys coming back, we have mallards, swans
the most unusual confluent living thing,~ besides human beings that
we would like to give every opportunity to continue so valuable a
enrichment for the entire North Fork. These kind of things are rare
to still survive among us human beings. I cannot imagine a worst
place to inject a multi-family condomJ~ium environment to intrude
on such an invaluable wildlife area. I just want you to consider
that.
SUPERVISOR PELL: Thank you very much.
be heard speaking in opposition?
Anyone else wish to
JOHN J. LEE, Southold: My name if John J. Lee and I am a
resident about 1,000 feet away from this project mentioned. Fortunate-
ly for me, I haven't had any trouble with my well with this fresh
water. I'm on a little over an acre of ground and I'm along tile
same inlet that this lady that preceded me described, but I'm on
the otI~er side. The thing I question, I question the credibility
of Mr. John E. Gilles, who I understand signed a paper when he
made a,~ application for a short environmental agreement form and
signed it. The last question on it is there public controversary
concerning the project and he said no. Is that right Mr. Gilles?
JOHN GILLES: Yes, sir.
JOHN J. LEE: I won't go into that any further, but I just
want to being out a point that these people aren't, I'd like to
stick with the credibility, but you have ruled your honor, I'll
stay away from that. Now, as to the question of the people in the
condominiums, I believe there was mentioned that there was going
to be 14 condominiums, 3 units of 4, 2 units of 1. Now, it goes
onto the question of the density of these units, it brings out,
as further stated, that they figure they will accomodate 100
people in t he restaurant in addition to the people in these
condom:iniums what is going to happen to our table water? That's
what I'm concerned about. I'm mainly concerned about that water.
I'm concerned further about the pollution of that water. As a
member of the Cedar Beach Park Association, only a member not an
officer, i"m not an officer, I believe I've expressed the senti-
ments of all the member of the Cedar Beach Park Association.
Thank you, your honor.
SUPERVISOR PELL: Does anybody else wish to be heard speaking
against the applicant?
FRANK BEAR, Southold: I'll take only a ~econd because most
of what I wanted to say has been said. I want to refer again to
the Malcolm Pirnie Study which refers specifically to the fragile
condition of the water supply in the Great Hog Neck where approxi-
mately 2% of tile Town's entire water supply now exists. I'm
speaking again on behalf of the North Fork Environmental Council
and the North Fork Audubon Society. I appeal to the Board to lighten
to the concerns that have been expressed here tonight as well as the
opinion, s that were expressed by the Southold Town Planning Board and
PUBLIC HEARING
CHANGE OF ZONE APPLICATION#243-WAYNE ASSOCIATES
May 6, 1980
and the Suffolk county Planning Commission. Thank You.
SUPERVISOR PELL: ,Yes, Dr. Smith.
DR. SMITH: I'd like to make one correction. I
think the gentleman stated an average of 50 gallons perday. I
think it is somewheres between 90 and 120 gallons per day the
average personal usage in the Town of Southold.
SUPERVISOR PELL: Thank you. Does anybody else wish to be
heard in opposition to this application?
TOM CONRAD, Southold: I'm a resident of Hogs Neck and also
a volunteer fireman. When you have these many buildings this
close together and you are talking about cedar shingle buildings.
If one of those things got going down there, that is one of the
longest runs we have in Southold. You would be in real big
trouble if you had a fire down there. That's something else to
think about.
SUPERVISOR PELL: Thank you Tom. Does anyone else wish to
be heard in opposition to this application?
MRS. RAYMOND AKSCIN: My house is very very close to the
General Wayne Inn almost as close as Mr. Wissemann's. I just
want to reaffirm and state once more that the water table is so
fragile. We have salt water intrusion. Also what the lady said
about the ducks and geese and so forth. We have them now on our
front lawn. We call them Charlie. They come for bread and they
come for a coffee break everyday. We won't have them anymore.
Everything I wanted 'to say has been stated already.
SUPERVISOR PELL: Thank you. Anyone else?
HENRY COX: My name is Henry Cox, my family has been living
in the Cedar Beach area since before I was born. Nobody has
mentioned what happens during storms. Se ~ral times I have seen
Cedar Beach completely inundated with just the tops of the cedar
trees showing. I don;t think that some of these people that are
planning this realize that this can happen.
SUPERVISOR PELL: Does anybody else wish
opposition to this application? Does anybody
any comments on this application?
to be heard in
else wish to have
(There was no response.)
SUPERVISOR PELL: Does any Town Board member have any questions
they would like to ask?
(There was no response.)
SUPERVISOR PELL: If
Hearing adjourned at
not, I will declare the hearing closed.
10:05 P.M. Respectfully submitted,
TO THE TOWN BOARD
TOWN OF SOUTHOLD
Sigsbee Road
Mattituck, New York
May 14, 1980
Re: APPLICATION OF WAYNE ASSOCIATES
Gentlemen:
A review of the matters presented to the Board
would indicate that you should accept the opinion of the en-
vironmentalists and well driller rather than the sentiments
expressed by a group of emotional people. The backlash from
Robbins Island should not prejudice this application.
As I gather the facts, the land would be used for
14 townhouses occupied, probably, by former large homeowners-
retirees from our area. The homes would be clustered in groups
of three or less providing ample vacant land untouched and
shore frontage unspoiled. If the land were not used for this
purpose, it would be used for five or six individual homes
with paved streets, etc. Soon those homeowners would be peti-
tioning for variances to permit docks, bulkheading, etc. It
seems that the only way to satisfy the people who objected to
the Wayne proposal would be to treat the land as unbuildable
and retain it as a park.
The men who are willing to invest a million dollars
or more in the Wayne proposal have chosen this expensive land
for its environment, otherwise they could have bought farmland.
They want water, wildlife and trees to provide the beautiful set-
ting that luxury townhouses demand. In order to protect their
investment in the property and the Inn, they will upgrade and
protect the area rather than destroy it.
By approving the Wayne application, the Town of
Southold will realize maximum tax benefits from the property.
This appeals to me as a taxpayer.
Orig.
Co?~s ~T.C. ~ T.B.
Atty.~
Ados.
File
Very truly yours,
PAT ROMANELLI t .......................... '
TOWN OF SOUTHOLD
[ IO~N OF $OUIHOLD
~,OUTHOLD, LONG 18LAND
NEW YORK tts?t
% com~ment" ~ a= the
,,~, to . ~ffect that duriP.~ our last you'
a? o~c~ation, tbs ~P~neral Wayne irm ran out of water. This is
not trua. lie never encountered a p. ob~ ,~ ~ ,,~z i is~lfi tc!e~t
water s~lo9ly. ~D regard to waste, it was nscs.~sa~,:r to hays
' ' f ........... , .... lilli~ :- +~te~: +v',t
- : ......
TOWN OF $OO,,-,~
MAIN ROAD LEWIS EDSON MAIN ROAD
SOUTHOLD, NEW YORK 11971 LICENSED BROKER CUTCHOGUE, NEW YORK 11935
(516) 765-2288 (516) 734-6687
May 23, 1980
Southold Town Board
Main Road
Southold, N.Y. 11971
Re: Wayne Assoc.
Bayview Rd.
Southold, N.Y.
Gentlemen:
This letter is to state that I am in favor of the
condominium project behind the General Wayne Inn as shown on
the plans presently before the Town Board.
My family owns property within 1500 feet of the proposed
project so there is more than just a casual interest on my
part for the project.
Expensive condominiums have to be a big plus for Southold
and I would hope the Board receives this project favorably.
Yours t..r u~l y,
Lewxs L. Edson
Nancy Carley, Esq,
P,O. Box 219
Westhampton Beach, New York
11978
May 21, 1980
Town Board of Southold Town
Town Hall
Main Road
Southold, New York 11971
Re: Wayne Associates Proposal
Dear Sirs:
I have been advised that the Southold Town Board
has reserved decision on the "Wayne Associates Proposal".
I have examined the Proposal and hope that the Town
Board takes affirmative action on it.
I had lived with my large family on the North Fork
for over thirty years. Six years ago we sold our home
(my parents had died and professional opportunities
required my brother and sisters to live elsewhere).
After the sale, to facilitate my finding appropriate
quarters to relocate on the North Fork, I became a guest
of my cousins, the Greenfields, on Fleets Neck.
A six-month search uncovered nothing appropriate on
the North Fork so I moved to the South Fork where I now
live. Had a "Wayne Associates" plan been in existence
six years ago, I would have taken a unit.
If this Board now passes favorably on the "Wayne
Associates Proposal", I would be interested in a unit
and a return to the North Fork. I have always hoped to
return to the North Fork and in anticipation of such a
return~ I have continued my membership in the North Fork
Country Club.
NC/mlf
.-'~cerely,
Nancy carley
sou'n{ou), .].971 (.be{o $/].3/IJ0)
THE WAYNE ASSOCIATES PROPOSAL
'/'OWN OF $OUTHOLD /
Fourteen (14) individual Town Houses, each to be occupied
by a family unit, and are not actually multiple dwellings.
Density is 2.059 units per acre, comparable to many of the
plots in the vicinity of the Wayne Inn, which are approved
with homes on one half (½) acre or less.
Test borings have been done by Krieger well drillers, and
they have certified that there is ample water supply for
the restaurant and 14 Town Houses.
Sanitary disposal systems have been discussed with the
Suffolk County Board of Health, and a letter is in the
Town's file from Robert Jewell, indicating that the sug-
gested plans meet with his approval.
There are 'no adverse environmental effects and the owners
will covenant that the wetlands will never be disturbed,
and will not be the subject of marinas, dredging, bulk-
heading and so forth.
The property currently yields approximately $4,000.00 in
annual taxes. The estimated annual taxes, if the Wa}~e
proposal is approved, would be $35,000.00.
The restaurant will be operated as a country Inn--will
discourage any type of catered affairs, and will-have no
loud music. Gracious family orientated dining will be.the
format.
This concept would 'allow retirees, who might otherwise have
to leave the North Fork, to continue their style of living,
without the responsibility of maintenance.
Letter to be sent to
THE TOWN BOARD
TOWN OF SOUTHOLD,
SOUTHOLD, N.Y. 11971
(before 5/13/80)
THE WAYNE ASSOCIATES PROPOSAL
Fourteen (14) individual Town Houses, each to be occupied
by a family unit, and are not actually multiple dwellings.
Density is 2.059 units per acre, comparable to many of the
plots in the vicinity of the Wayne Inn, which are approved
with homes on one half (~) acre or less.
Test borings have been done by Krieger well drillers, and
they have certified that there is ample water supply for
the restaurant and 14 Town Houses.
Sanitary disposal systems have been discussed with the
Suffolk County Board of Health, and a letter is in the
Town's file from Robert Jewell, indicating that the sug-
gested plans meet with his approval.
There are no adverse environmental effects and the owners
will covenant that the wetlands will never be disturbed,
and will not be the subject of marinas, dredging, bulk-
heading and so forth.
The property currently yields approximately $4,000.00 in
annual taxes. The estimated annual taxes, if the Wayne
proposal is approved, would be $35,000.00.
The restaurant will be operated as a country Inn--will
discourage any type of catered affairs, and will'have no
loud music. Gracious family orientated dining will be'the
format.
This concept would 'allow retirees, who might otherwise have
to leave the North Fork, to continue their style of living,
without the responsibility of maintenance.
TOWN OF $OUTHOLD
THE WAYNE ASSOCIATES PROPOSAL
1. Fourteen (14) individual Town Houses, each to be occupied
by a family unit, and are not actually multiple dwellings.
Density is 2.059 units per acre, comparable to many of the
plots in the vicinity of the Wayne Inn, which are apprbved
with homes on one half (½) acre or less.
Test borings have bean done by Krieger well drillers, and
they have ~ertified that there is ample water supply for
the restaurant and 14 Town Houses.
Sanitary disposal systems have been discussed with the
Suffolk County Board of Health, and a letter is in the
Town's file from Robert Jewell, indicating that the sug-
gested plans meet with his approval.
There are no adverse environmental effects and the owners
will covenant that the wetlands will never be disturbed,
and will not be the subject of marinas, dredging, bulk-
heading and so forth.
The property currently yields approximately $4,000.00 in
annual taxes. The estimated annual taxes, if the Waste
proposal is approved, would be $$5,000.00.
The restaurant will be operated as a country Inn--will
discourage any type of catered affairs, and will-have no
loud music. Gracious family orientated dining will be.the
format.
This concept would 'allow retirees, who might otherwise have
to leave the North Fork, to continue their style of living,
without the responsibility of maintenance.
TOWN OF SOUTHOLD
! TOW. soumo,o
THE WAYNE ASSOCIATES PROPOS~
Fourteen (14) individual Town Houses, each to be occupied
by a family unit, and are not actually multiple dwellings.
Density is 2.059 units per acre, comparable to many of the
plots in the vicinity of the Wayne Inn, which are apprbved
with homes on one half (~) acre or less.
Test borings have been done by Krieger well drillers, and
they have certified that there is ample water supply for
the restaurant and 14 Town Houses.
Sanitarv. disposal systems have been discussed with the
Suffolk County Board of Health, and a letter is in the
Town's file from Robert Jewell, indicating that the sug-
gested plans meet with his approval.
There are no adverse environmental effects and the owners
will covenant that the wetlands will never be disturbed,
and will not be the subject of marinas, dredging, bulk-
heading and so forth.
The property currently yields approximately $4,000.00 in
annual taxes. The estimated annual taxes, if the Wa}me
proposal is approved, would be $35,000.00.
The restaurant will be operated as a country Inn--will
discourage any type of catered affairs, and will'have no
loud music. Gracious family orientated dining will be.the
format.
This concept would 'allow retirees, who might otherwise have
to leave the North Fork~ to continue their style of living,
without the responsibility of
TeL 516~765-55~
E~M of Bay View Road
off Route 25
8OUTHOLD, LONG ISLAND
NEW YORK 11971
,.,out~.old Town Board
Town Iiall
~odthold, Tf_ ]]971
Oe_~.t!em~ n:
Orig.
Copies ~'/T C. J T B. ~tty.
Nay 1[~., [!.980
i ['0; 2 i.? ....
,: ', MAY I 6
wa, as owners of t:~,.. G~nors] '~aTn~ Inn s~nco 19!1, would
water eroblems.
A coml~enh was nade to the .'~f:?ect t!ab du~i.~{i our last year
of oDera%~ on, %!~e General ~Jayne inn Pal out of water.
not tru~. W? heron enconntered a p-,ohl~m with insufficient
which woe!d ~ndioete tha~ the ground is sufficiently su~t~bls
for disposal of waste. Restaurants serving tho public ara tasted
for aocsvtab}~ water qua!5 ty by th~ County D~pa'ehment of NealtL
annually. Aporova! was rec,~ived toooerat~ every y:~ae the
G~neral i/ay'ns Inn was open.
Referring to the Suffolk Cou'~ty D~part.qont of Ilea]th
Sevvi. cec ]~tter to Judith Terry, Town Clerk, and tho question
of 15u]Sted grounc~ water supply: Xrieger's reDo:eh determin:~d
that th}¥'a i.s sufficient Sro~lnd w~h3P ~vail. able for this lrojec~.
A~ to th~ concern for tho wetlands, ~,{P. Nadje reported that
~:ho ,>ro'posed construction would not d'stupb them nor otbe:ewh'e have
auy adverse ~ff~et. ~rtharmore, Hr. Gillies stated tibet
Wayne AssocJates was wi].]in{~ to ~live t;h) town a covenant as-
sur; nf 4hat no bu!kheadin~l oTM otb}r construction would eva:,
aaus3 di.:',ruption. RegardJnd; soil cond~tlona affecting waste
dispel:al, a ]ether was recsivad from liP. 3cb Iswe]. of tls
Sufi'o"k CounhlT Department of Heal 5h stahlnS that %he proposed
_ %~OUS e S
,,alt we. her 2~itrl'~lOil seePls to b~ a oroole,m only in
the creeks~ a c',ond:~tion ~'~-~,,.~ would not bs altered by
used on bhe p~.opo~ed
Hr. Oazza~s unfortunate water condition is not affected
bT/ the General Wayne property since it ia separated by salt
water. Consequent}N, cormtruction of the oroponed fourteen
units wotA!d not furth3r dete-~iora%e bls existing condition.
!'~ be]4ev,z that tine plan for town houses, as proposed by
],fg. yne As, s~ociates, would bo a r~aponsible use of this land. They
have been meticu]ous in ~-esaare~ing and m~et]nS al! the require-
r:~nts of the %rate and County D~pa~,tments of HealtN and the
Stats D~p'aP',x~oi~h of ~an~ironm~ntal Conser. vation, as wall
r{ivl~Z e, ar~ful atten2ion to at?e of design so as to conferm to
bh~ rub.al sett~nS of the
W~ feel that the com!aun!ty's objections are emotionally
d~nectoc~ a~a~nrt bha concept of condomin~ims and that arguments
to sn'~o~t those o!)jectioa~ are not baaed on the scientific
cited in the studina and reports mad:~ by responsible
an¢. state agencies.
._'rs vie.; of the ,~foPemLentioned facts, we respectfully urse
board to stent the requested zoning.
Sincerely,
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
A public hearing was held by the Southold Town Board at the
Southold Town Hall, Main Road, Southold, New York at 8:30 o'clock
P.M., Tuesday, on May 6, 1980 in the matter of the application of
Wayne Associates for change of zone from "A" Residential and
Agricultural to "M-I" General Multiple Residence District on
property located at Bayview, Southold, New York.
Present were:
Supervisor William R. Pell III
Councilman Henry W. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman George R. Sullivan
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Supervisor Pell opened the hearing at 9:05 P.M.
COUNCILMAN SULLIVAN read the legal notice of hearing as follows:
PURSUANT to section 265 of the Town Law and requirements of
Chapter 100 of the Code of the Town of Southold, Suffolk county,
New York, public hearings will be held by the Town Board of the
Town of Southold at the Southold Town Hall, Main Road, Southold,
New York on the 6th day of May, 1980, on the foloowing proposal
to amend the Building Zone Ordinance (including the Building
Zone Maps) of the Town of Southold, Suffolk County, New York.
8:30 o'clock P.M. By changing from "A" Residential and
Agircultural District to "M-i" General Multiple Residence
District the property of Wayne Associates situated at Southold,
in the Town of Southold, County of Suffolk, State of New York,
bounded and described as follows:
BEGINNING at the corner formed by the interesection of the
southerly side of Orchard Lane (private) with the easterly side
of Cedar Beach Road; running thence along the southerly side of
Orchard Lane south 66 degrees 52 minutes 20 secondw east 451.63
fee~; to a point; running thence 60 degrees 37 minutes 40 seconds
east 63.02 feet to a point; running thence along the arc of a
curve bearing to the right having a radius of 156.20 feet a
distance of 121.09 feet; running thence south 58 degrees 46
minutes 50 seconds east 181.42 feet to a monument; running
thence south 62 degrees 07 minutes 30 seconds east 205 feet to
the ordinary high water mark of Cedar Beach Harbor; thence
southerly and southeasterly along the ordinary high water mark
of Cedar Beach Harbor 426 £eet more or less to the northerly
line of lot no. 39 on Map of Cedar Beach Park aforementioned;
running thence north 62 degrees 07 minutes 20 seconds west
220 feet to a point; thence north 22 degrees 07 minutes 40
seconds east 28.25 feet; running thence north 66 degrees 52
minutes 20 seconds west 754.52 feet to the easterly side of
Cedar Point Drive; running thence along the easterly side of
Cedar Point Drive and along the easterly side of Cedar Beach
Road north 23 degrees 07 minutes 40 seconds east 322.11 feet to
the corner first above mentioned at the point or place of
BEGINNING.
(2)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
Any person desiring to be heard on the above proposed
amendment should appear at the time and place above so
specified.
DATED: April 8, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD
JUDITH T. TERRY
TOWN CLERK
COUNCILMAN SULLIVAN: We have in the file affidavits of publi-
cation from both the L.I. Traveler Watchman and the Suffolk Weekly
Times, and we have an affidavit from the Town Clerk that it was
posted on the Town Clerk's Bulletin Board. I have a letter from the
Southold Town Planning Board dated March 14, 1980, which reads as
follows: "The following action was taken by the Southold Town
Planning Board at a regular meeting held March 10, 1980. RESOLVED
to recommend to the Southold Town Board denial of the application
of Wayne Associates for a change of zone from A Residential to
General Multiple Residence for property located at Southold because
it is not in conformity with the development map of the Town of
Southold. /s/ Henry E. Raynor, Jr., Chairman, Southold Town Planning
Board. I also have a letter from the Suffolk County Department of
Planning dated April 3, 1980 which reads as follows: "Pursuant to
the :requirements of Sections 1323 to 1332 of the Suffolk County
Charter, The Suffolk County Planning Commission on April 2, 1980 re-
viewed the above captioned application and after due study and
deliberation Resolved to disapprove it because of the following:
1. It is inconsistent with the predominant single family residence
pattern of zoning and character of the surrounding area; 2. It
constitutes the unwarranted further encroachment of multifamily
zoning into single family residence district; 3. It would tend
to establish a precedent for further downzonings in the locale;
and 4. It is inconsistent with the Town of Southold Development
Plan which designates the easterly portion o£ the premises for
Surburban single family residence development./s/ Gerald G. Newman,
Chief Planner, Suffolk County Department of Planning. Also, a
letter from the Suffolk County Department of Health Services,
dated May 9, 1980 which reads as fellows: "Please be advised
that this letter concerning the sewage and water supply facilities
was written prematurely. Prior to approval, it will be our re-
quirement that an acceptable water supply study be conducted, in
addition to the normal processing procedure. /s/ Royal R. Reynolds,
P.E. General Engineering Services, Suffolk County Department of
Health Services."
SUPERVISOR PELL: Thank you very much. At this time is there
anyone who wishes to be heard in favor of the application?
JOHN GILLES,Attorney for Wayne Associates: My name is John
Gilles, I'm an attorney and I maintain an office at 320 Conklin
Street, Farmingdale, N.Y. I am the attorney for the applicants
Wayne Associates and a principal of Wayne Associates. Mr. Super-
visor and member of the Town Board by way of introduction Wayne
Associates is a co-partnership composed of five individuals, an
attorney, an architect, an engineer, and three individuals who
have been long associated with the building industry. Four of
those individuals have had close long standing personal ties with
the North Fork and particularly the Town of Southold. They are
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PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
all impressed with the natural beauty of our area and the charm of
its' rural character. Now, it is those unique qualities that drawn
some many to the Town of Southold first as a vacation retreat and
ultimately in many instances as a permanent retirement home. Large
summer homes converted for permanent living on large tracts o£ land
no longer are suitable, unless personal family circumstances change,
and yet these same residents are reluctant to sever their roots with
the North Fork and locate elsewhere. Now, condominium ownership
which is what this is all about, as we propose it will afford a
limited number of those residents an opportunity to continue their
gracious lifestyle within our Town without the burden and time-
consuming chore of outside maintenance and ground keeping. Now,
condominiums are a comparatively new concept within the Town of
Southold and we recognize that without specific definitions and
descriptions, it is not difficult to conjure visions of multi-tenta-
tive units marring the natural beauty of the area, polluting our
water supply and encroaching into our irreplaceable tidal wetlands.
We are confident that once we have concluded our presentation this
evening, the Board and the community hopefully, will be assured that
what we have proposed here is a viable concept consistent with Town
planning and generates positive not negative overtones. Unfortunate-
ly we don't have an additional copy of the site plan so the audience
can see it, but the site plan illustrates, of course, the subject
premises and they lie within the community which is commonly referred
to as Bayview comprising a parcel containing some 7.8 acres of land.
It has a frontage on Cedar Beach Road of approximately 322 feet and
extends easterly towards Cedar Beach Harbor approximately 975 feet.
Now, located on Cedar Beach Road is the General Wayne Inn and Restaur-
ant which is currently zoned M-1 General Multiple Residence and
comprises an area of approximately 50,000 sq. ft. Now, what we pro-
pose this evening is that multiple family zoning be extended eastward
to encompass the entire area. The details concerning the placement
of the units, the type of construction, I'll refer to later in the
presentation. But, I would now like to dwell upon certain areas of
concern which expressed in writing to the Department of Environmental
Conservation at Stonybrook and I believe were also directed to this
Board. These areas of concern seem to involve four main categories:
and they are water supply, sanitary disposal system, density, and the
environmental effects upon the tidal wetlands. Now, with your permission
I would like to take each one separately. With respect to a water supply
system, now, to determine the adequacy of water supply which would
support the General Wayne Restaurant as well as the 14 condominium
units we engaged the services of Kreiger Well & Pump Drilling to
conduct test borings. These test borings have been conducted and
they demonstrate an ample supply of ground water to meet the potential
needs envisoned by our proposal. I would like to submit to the Board
at this time, the written report of Kreiger Well & Pump, if you like
I would be glad to read this for the benefit of the audience. This
is Mr. Kreiger's report "Drilled 50 ft. of 2" well - would not pump
at 50 feet, pulled well back to 46 feet and pumped for 2 hours,
started as fresh water, after 1 hour the chloride rose over the
limit of 250 prm, pulled well back 18 feet to 28 feet and pumped for
2 hours at 50 gallons per minute, chlorides were under lO0 prm" -
I understand that the acceptable limit for chloride is 250- "and did
not change, pumped approximately 6,000 gallons in 2 hours. There is
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PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
approximately 30 feet of usable potable water at this site. It is
our opinion that there is sufficient potable water at this site for
the planned 14 units. The 14 units with 4 people per unit, consti-
tutes approximately 56 persons. Fifty (50) gallons per minutes, or
rather per day, per person is a total of 2,800 gallons, the total
for all household purposes - adequate." I went into greater detail
with the gentleman who conducted this well drilling operation and
he tells me that this is a rather unique area. He advises me that
there is adequate ground water in this area. The quality of the
water, however, will change depending upon exactly where you are in
the community of Bayview. It is somewhat inferior immediately to
the north of the General Wayne Restaruant but perfectly adequate
and suitable for all purposes in the vicinity of the General Wayne
Restaurant. I'd like to submit that please. The next consideration
is the sanitary disposal system. Now the proposed treatment dealing
with the sanitary disposal system would be as follows: If you will
look at the site plan you will notice that the groupings are three
units: three units, three units, three units, two unit, and a three
unit. Each of group of units four groups of three and one group of
two will be served by a single septic system. Each septic system
wil] consist of a septic tank and leaching pools. The number of
leaching pools based on ground water level and a maximum number of
these pools would be 15 units. Now, the ultimate judge of the
adequacy of such a proposed system, particularly in terms of whether
or not it would have a pollutant effect upon our water supply system,
as the Suffolk County Department of Health has evidenced by the
letter that Mr. Sullivan read. We took this matter up with Mr.
Jewel, who evidently was not in touch with the author of that letter,
we exhibited our site plan to him and our engineer reviewed very
carefully our proposed method of sanitary disposal system. I
received a reply from Mr. Jewel as follows: "Please be advised that
we are in receipt of the preliminary site plan of the above referenced
site. A preliminary and cursory review indicates that the Department's
standards for sewage disposal and water supply can be met. Should you
haw~ any further questions, please feel free to contact this office.
/s/ Robert W. Jewell, P.E. General Engineering Services, Suffolk
County Department of Health Services." Please place this in the file.
The third consideration is one of density. The map of Cedar Beach
Park filed in the Suffolk County Clerk's Office on December of 1927
covers the subject property as well as the surrounding area. A
review of this map indicates that the bulk of the lots shown thereon
comprise plots of one half acre or less. Now, true this is not an
approved map, but I believe it is reasonable to assume that many of
these one half acre or less plots have been held in single and
separate ownership and the owners would have an absolute right to
construct homes. In fact, a review of the radius map, prepared by
our surveyor, Mr. Van Tuyl, indicates that there are improved
properties within the immediate vicinity of the General Wayne
Restaurant upon plots of less than one half acre. One such dwelling
lies immediately to the north and three are immediately to the south,
as well as a varied number of vacant lots which appear to be held in
single and separate ownership and capable of supporting single family
dwellings. Now, we've proposed on the 6.8 acres, 14 units or 2.059
units per zoning acre. We do not consider this an unreasonable
burden. The multiple dwelling density in the Town of Southold, as
you know is 9,000 sq. ft. of land per uniU, as we propose 14 units,
(5)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
those units would require a total of 126,000 sq. ft. We are setting
aisde 275,346 sq. ft. of land for this purpose. Clearly, while we
are seeking multiple family zoning, we are not seeking to exhaust
the benefits of such zoning, but will in fact maintain the character
of the immediate surrounding area. On the question of environment.
The area abutting Cedar Beach Harbor with its' natural marshlands
and vistas overlooking Peconic Bay was actually the motivation
behind this concept. The tidal wetlands of the North Fork, as you
know have been aerially mapped and are on file in the office of the
New York State Department of Environmental Conservation in Stonybrook.
The area that we propose facing Cedar Beach Harbor would be located
purusant to the guidelines issued by the State and they would be at
least 75 ft. from the landward edge of the marsh. The area lying
between the highwater mark and 75 ft. west of the upper edge of the
marsh, I might indicate that this line here is the line of the upper
marshland, under the New York State rules and regulations you must
locate you improvements a minimum of 75 ft. from the edge of that
marshland. This would have the net effect of placing all of those
units that border on the Cedar Harbor a minimum distance of 160
ft. away from the highwater mark. The natural grove of cedar trees
to the south of the property to the extent that they are located
upon our site would remain and provide a natural buffer. Now, Mr.
Gemma, our architect, has designed the proposal keeping environmental
considerations uppermost in his mind. This site plan has been review-
ed by Mr. Roy Haje, a marine and environmental specialist, who I will
introduce shortly, to confirm its' negative impact upon our tidal
wetlands. I refer also to the letter directed to the Town Clerk
from the New York State Dept. of Environmental Conservation dated
March 20, 1980, and I would like to quote the third paragraph,
"The applicant has filed for the tidal wetlands permit and our field
inspection, and reviewed to date, indicates that the project will
meet our regulations minimum density and setback requirements.
Therefore, the project is not anticipated to be objectionable or
significant with regard to impacts to tidal wetlands" I believe
Mrs. Terry has this letter. Now, this is a pretty crucial part of
the presentation, gentlemen, and to demonstrate the sincerity of
our purpose here, we would be willing to covenant in perpetuity
the tidal wetlands which abut this area would forever remain
undisturbed and would not be the subject of any dredging, marina
operation, or any other activity that would prejudice this,its
preservation. Now, at this time gentlemen, I would like to refer
to the site plan, the location of the units, the type of construction
and what we propose. As is evidenced from the plan, there are a
total of 14 units, so located, these will be constructed of frame
construction, natural cedar shingles, 6 of the units will be 2
bedroom and 6 with 1 bedroom, no, 3 with 1 bedroom, and 8 with
3. The utilities will all be underground. The effect of improv-
ing the area will leave unimproved and as vacant land approximately
5 acres or more. The road lay-outs will be prefereably gravel.
We estimate that the cost of construction of these units will
approximate a million two hundred thousand dollars, being part-
time residents of the Town of Southold we would make every effort
to utilize local contracting services for that purpose. The
total area now of 7.8 acres generates approximately $4,000. in
real estate taxes. Conversations with the assessors indicates
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243- WAYNE ASSOCIATES
May 6, 1980
that if this project goes, the potential tax impact on the Town
would be in the neighborhood of $30,000. to $35,000. We have
heard, indirectly, that the utilization of the General Wayne
Restaurant has to a certain degree been a source of some concern
to the immediate community of the General Wayne. We propose to
continue the operation of the General Wayne Restaurant. But we
hope to be able to operate it in the nature of a county inn type
of thing. We would hope to limit our capacity to 100 people.
The immediate alterations or renovations would mean the removal
of the large concrete area to the rear of the building. We
would limit any music to the piano type of situation. We would
attempt to create, to the best of our ability, a true historic
"country inn type" operation. At this time gentlemen, I would
like to introduce Mr. Roy Haje, a marine and environmental special-
ist who give you the benefit of his review and inspection of the
tidal wetland area. At the same time Mr. Gemma the architect,
and Mr. Walgrove the engineer are here, and they would be only
too happy to answer any questions that you might have concerning
the project. Mr. Haje.
MR. ROY L[ HAJE, Pres. Eh-Consultants, Inc. which is located
at 64 North Main Street, Southampton, N.Y. 11966. I have a Bachelors
Degree in biology from Queens College from the City of New York. I
have a Masters of Science Degree in marine science from C.W. Post
College of L.I. University and another master of science degree in
marine and environmental studies from the State University of New
York at Stonybrook. Prior to beginning En-Consultants, Inc. an
environmental consulting service, I was employed by the New York
State Department of Environmental Conservation for 11 years. Much
of that time was spent investigating projects in the marine area for
permit purposes. I have been retained by Wayne Associates to
describe the marsh located on the applicants parcel and the antici-
pated effect of the proposed project on it. On May 2, 1980 and I
might also add today, I inspected the parcel. I have found that a
high quality marsh is located on the parcel from the water line
landward and variable distance and up to approximately 80 feet.
Dominant species nearer the water is the salt marsh cord grass -
spartina alteniflora is found the entire periphery and beyond to
the adjacent parcel. Spartina alteniflora is characteristic of
inter-tidal marshes for those areas which are inundated by regular
diernal tidal action. Landward of this the land rises slightly
in elevation and the grass spartina patens assumes dominance.
Mixed with this are some high tide bushes ila frutessence and
groundso bush backrus alomofolia. These plants characteristically
grow so much higher than spartina alteniflora where they are
inundated by tidal action less frequently. All of these species
are protected under the provisions of the tidal wetland act, article
25 of the environmental conservation law. Landward of the high mark
area one encounters a brush and tree line. An excellent and attra-
ctive stand stands out amongst other species. Beyond this tree line
the land is essentially open grassed area dotted by a few cedar trees
and brush trees. The land is basically flat with a few gently
rolling swal. es. Due to the high quality nature of the marsh, it
should not be bulkheaded, filled, or otherwise damaged. The
applicants have agreed to covenant that the marsh will not be
developed either now or in the future. ~11 construction of
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PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
buildings will be at least 75 feet from the landward edge of the
marsh. This conforms to the development restrictions described in
part 661.6 of the N.¥.S.D.E.C. Land Use Regulations of Article 25
Tidal Wetlands excerpt. Leaving the tall trees behind the marsh
should screen the proposed structures £rom sight from the waterway.
Cesspools for the structures will be well in excess of the 100 ft.
mandated by the land use regulations. Locating them at this
distance from the marsh should prevent them from having any
deleterious effects upon either it or the waters of Cedar Cove.
A potential problem encountered in the development of upland
near marine waters is alteration of drainage patterns. I would
recommend making the roads of bluestone or other pervious materials
which will accept water. The structures themselves should be
fitted wit]] drywells to contain the roof run-off. As the land
is essentially flat now, no large degree of re-grading should be
required. This should minimize alteration of natural drainage
patterns. Little, if any, additional over land runn-off should
reach either the marsh or the waterway. Another factor which
offers some potential for addition of nutrients for the waterway
is the use of fertilizers for lawns and shrubs. Proper application
which will be utilized on lawns and ornamentals should be used
without excess which would enter the waterway. Attention to these
factors, creation of restrictive covenants for the marsh area and
appropriate construction setback should allow the perpetuation of
the marsh and waterway in their present condition. I am familiar
with the applicants proposed project. It addresses the concerns
that I have stated above and it does not have a deleter~us effect
either upon the marsh or the waterway. Thank you.
JOHN GILLES: In order for me to get safely home tonight, I'd
better show these renderings made by my partner, the architect.
Let me just show the type of design that he contemplates. Why
don't you just hold one of these up. This is the type of units
that are proposed. They are one-story in front, some of them will
be two-stories for the rear. They will, of course, be furnished
in a comparative luxurious fashion. The price of these units
would run somewhere in the neighborhood of $140,000. to $155,000.
In summation, gentlemen, what we hope to do, will actually, be
hopefully, a source of pride to the Town of Southold and ultimately
a source of pride to the community of Bayview. We recognize the
fears and concerns of the community, I think we have attempted to
relieve them this evening. We have done a lot of homework on this
thing and we've delved into the problems and attempted to come up
with the questions. And I hope you will give this your serious
consideration. Thank you.
SUPERVISOR: Thank you very much.
COUNCILMAN MURDOCK: I would like to question the gentlemen,
since the architect is here. In the middle of March the Town of
Southold was required to establish a flood plain law and if there
was ever a piece of property in my opinion that is subject to the
flood plain law, this would be it. It pertains to protecting the
sewage disposal flooding and also it deals with the foundations.
(8)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
I was wondering whether you have applied your plans to the new
requirements of the flood plain law and whether you can in fact
consistently build in requirement with the flood plain law, a
multiple family complex?
JOHN GILLES: We have addressed ourselves to that problem and
we recognize the existence of the flood plain law and the rules and
regulations, as I understand them, require that the first floor
elevation of the foundation be 8 feet. Our architect feels that
that is absolutely no problem. The grade above water level at the
point of the closest house to the harbor would be somewhere in the
neighborhood of 5-5½ feet, is that correct?
PASQUALE A. GEMMA, Architect: Yes, well, the natural grade is
about 6 ~eet.
JOHN GILLES: So the location of the foundation in compliance
with that particular flood plain law, namely, 8 feet would present
absolutely no problem. We discussed it with Mr. Haje whom you
just heard testify and we feel we can meet those requirements.
SUPERVISOR PELL: Does anyone else wish to be heard in favor
of the applicant?
(There was no response.)
SUPERVISOR PELL: Is there anyone who wishes to be heard in
opposition to the applicant?
WILLIAM WEINHEIMER, N.F. Taxpayers Assoc.: My name is Bill
Weinheimer from the North Fork Taxpayers Association. At a meeting
of the Board of Directors o£ the North Fork Taxpayers Association,
on May 5, 1980, a resolution was adopted objecting to the applica-
tion of Wayne Associates requesting a change of zone from "A" to
,¥M-I" in the Cedar Beach area. This objection is based on the
premise that we are unalterably opposed to spot zoning. Thank you.
SUPERVISOR PELL: Anyone else wish to be heard in opposition
to the applicant?
MRS. ()SCAR SCHLOSS, Paradise Point Road, Southold: I would
like to say that my husband and I as Bayview and Cedar Beach
residents, we want to express very £irmly object to the downzoning
of the property behind the General Wayne Inn because of the fragile
water supply located in the Great Hog Neck area and it is only
slightly above sea level and the salt water intrusion occurs here
more often than in any other Southold Town area. Salt water
intrusion takes place in the existing fresh water supply when
exhausted either as a result of a dry period or over usage. The
Malcolm Pirnie Engineers Investigation of water resources report
that Frank Bear referred to was done in June 1967 for the Town
of Southold's sake. The Southold's stored fresh water flows
laterally to the various bodies of water almost completely
surrounding Southold. Therefore, it is not safe to withdraw
fresh water from any portion of Southold to such an extent where
the groundwater level is below one or two feet above mean sea level
(9)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
because the danger of contamination by salt water is greater. It is
also noted that the groundwater level of the Great Hog Neck, parti-
cularly the Cedar Beach area is one foot above sea level according
to the above mentioned report. Wel~damage by salt water intrusion
are abandoned. It has been brought to out attention that the General
Wayne Inn ran short of fresh water during its' last year of operation
as a restaurant. Only yesterday, another well, just behind the Inn,
at 50 feet ran into salt water. The requested rezoning of this
property will endanger the Cedar Beach areas' fresh water supply
and will risk spoiling the Cedar Beach Creek shorefront with septic
disposal problems from multiple family zoning in this particular
fragile area. A copy of the letter from Gerald Newman, Suffolk
County Planning Department is enclosed with our comments and with
four additional reasons £or disapproval of this downzoning request.
In addition, I have some petitions that have been prepared and
signed by the residents of the area and many of our friends who
either own property or live in Southold. I would also like to ask
at this time from the audience here tonight, if those of you who
are in favor of rejecting this proposal for downzoning raise your
hands please and show the Board your feelings. (Approximately
two-thirds of the audience raised their hands.)
SUPERVISOR PELL: Thank you very much. Do you wish to turn
those petitions in?
MRS. SCHLOSS: Yes.
SUPERVISOR PELL: Does anyone else wish to be heard here for
the record?
MR. HENRY LYTLE, Southold-Peconic Civic Association: Basically,
we are opposed to the change in the zoning for reasons as they now
stand, especially in light of this particular one which seems to be
the particularly fragile area and a very beautiful area, we would
hate to see it change at all.
SUPERVISOR PELL: Thank you very much. Yes, the gentleman that
had his hand up before..
BOB GAZZA: Yes, I'm Bob Gazza. I live on Cedar Beach Creek.
I have salt water in my well. I sent a letter to the Town Board.
I don't know if all of you have read it or not. I have spent a
thousand dollars in the past twelve months trying to get good
enough water to drink out of my well. I moved into, I bought the
house last year. When we first moved in, our water was fine, it
took about two months and this was when salt water just started
creeping right into the well. When the gentleman here mentioned
before that as they pumped, they pumped at 46 feet after an hour
they started getting salt water. That's worse than my case, it
took me two months to get salt water. The other thing I am con
cerned about is the cesspools. The elevation is very low on this
land. I don't want to see that creek get contaminated. Where I
live, if I dig down 6 feet and I hit water. We have one house, I
have 2½ acres on the creek, we have a 5 pool system for just my
wife and myself. If you are going to put 16 condominiums in here
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PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
and who knows how many people and how many pools per person and
dig down 6 feet for water, you have to put the pools 2 feet below
ground to start with, the pool is 2 £eet thick, you only have another
2 feet for the contamination to get down into the water. All that
groundwater as it rains is going to move right on into the creek.
I can't see it. Thank you very much.
SUPERVISOR PELL: Yes, the fellow in back in the white shirt.
JAY AKSCIN: Yes, my name is Jay Akscin. My parents own the
property adjacent to, just north of Wayne Associates. They also
get salt water in their well. When they are talking about ½ acres
lots there, true. My parents house in on an acre and three quarters
and thye have one well. The neighbors, there are two other houses
there. One is on a half acre and the other is on a 1½ acre and they
have problems with their water, too. One guy has put a well in
three times already. They are talking about the trees to the north
of them, those trees don't belong to them, they belong to these
people. They are talking that th~ houses are going to be 75 feet
above the highwater mark or the flood plain. Well, I have lived
there all my life and I know the storm tides. I'm not a biologist
or anything like that, I don't know the name of the grass, but I
know when my feet get wet. About two acres of that land floods at
storm tide.
JOHN WISSEMANN: I am probably the closest neighbor. My house
is immediately adjacent to this property and would probably be,
maybe 75 feet from one of those units. I think those units are
pretty nice, but we do have lots of zoned property that they would
fit on. A practical matter, about the water, I', sort of caught
between temik to the north and the salt to the south. Plus, there
are three immediate neighbors and my own land is exactly the level
as this ~operty they are talking about. Three of those immediate
neighbors, perodically, do right now have trouble with the water,
right now. At this particular time it might be all right, but later
on in the summer they get salt water. Sometimes, I take water over
to them and this reoccurs all the time. It's not a one time thing.
And as to those men testing yesterday, they must have written up that
report rapidly. They were just testing it yesterday afternoon,
digging that well and they were getting salt water at the time I
was out there. Also, I think one reason this area is so nice, the
people there have been keeping it that way. With one family dwellings
and most of the land is like one acre pieces of property, not one
half acre. And the people have gone to great pains to make that
attractive. I can see why people would like to build condominiums
there. The people have worked hard to keep that area the way it is.
Just a casual walk over that property they plan to build these on,
common sense shows you, tells you that it could accomodate maybe
four private houses. It does get very wet and it would drastically
change the population density there and the whole atmosphere of
the area. Also, you worry about the sewage problem. It is a
constant problem with us. We first built leaching fields and we
were assured by the county insepctor that that would serve forever.
Well, it lasted about 6 years, then we went to cesspools, which
lasted until three more years. The most they could dig down is
6 feet before they hit water. Since then, there hgve been new
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PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
cesspools and new leaching pools, but really the only solution is
to call Daisy Morris twice a year. It is exactly the same and
continious with all that land. So water and sewage is an absolute
and practical problem there.
SUPERVISOR PELL:
wish to be heard?
Thank you very much.
Does anyone else
PHILIP OFRIAS, Esq.: My name is Philip Ofrias. I'm here on
behalf of some friends in the Cedar Beach area. They talked to me
about it and asked me if I might come down here about it tonight
just to hear what went on. The gentleman over there, his comments
about the water changing within a period of several months. My
wife and I we recently built a new house over by Arshamomaque and
when we went to get our health permit to put in our well and the
permit you needed in order to build, they were concerned, that is
the health department, as to whether or not we could get good water.
We put in a test well and they pumped the water for, I don,t know
how long, and we came up with water that had 125 parts per million
of chloride and that was satisfactory. We built the house, we
moved into the house, now we are pumping 500 parts per million
of chloride. Friends of ours here in Southold, they know that
because we show up at their house with 5 gallon gerry cans because
the water for coffee and the water my wife waters the plants with
we have to import because the water that we are pumping out of our
well after 6 months was no longer any good for drinking or for
cooking. What Mr. Gilles describes is a project which he and his
associates intend to do the very best they can to made it a very
desirable and pleasant finished project. However, I think that
they are working against some elements over which they have no
control and I think that is primarily the fragile table both in
so far as fresh water supply and so far as sewage disposal. If
the Board is going to consider downzoning, and it may well be that
this town is going to have to consider some downzoning in some areas,
I don't think that the application should be made or the consideration
be made or given to those areas which are now borderline as far as
the fragile water systems go. Now, regardless of what they are
doing over there now, as far as water tests go, I think that in a
period of time, and the people that I know in Cedar Beach they are
all talking about the salt water intrusion as a recurring problem
not just one time, it comes and goes with the time of the year and
the rainfall. But, I think that the downzoning there, it may work
at that, but I think what the engineers have said that submitted
these reports is we think it can work. Well, maybe it can, but
more likely it can't. I think that if the application were in
another area of town, an area where the land and water were more
capable of supporting the project there would be less concern of
the people of that community.
SUPERVISOR PELL: Thank you very much. Does anyone else
wish to be heard to speak in opposition to this application?
SOPHIA ADLER, Southold. We live on an inlet very close to
the General Wayne Inn and we understand and have lived with the
salt water intrusion and the difficulties that accumulate. But
I would just like to point out that the fragile environment of
(12)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION #243-WAYNE ASSOCIATES
May 6, 1980
is not only fragile for human beings but one of the most wonderful
things about the area is the wildlife that flourishes there. Today
I can say that we have ospreys coming back, we have mallards, swans
the most unusual confluent living things besides human beings that
we would like to give every opportunity to continue so valuable a
enrichment for the entire North Fork. These kind of things are rare
to still survive among us human beings. I cannot imagine a worst
place to inject a multi-family condominium environment to intrude
on such an invaluable wildlife area. I just want you to consider
tha~.
SUPERVISOR PELL: Thank you very much. Anyone else wish to
be heard speaking in opposition?
JOHN J. LEE, Southold: My name if John J. Lee and I am a
resident about 1,000 feet away from this project mentioned. Fortunate-
ly for me, I haven't had any trouble with my well with this fresh
water. I'm on a little over an acre of ground and I'm along the
same inlet that this lady that preceded me described, but I'm on
the other side. The thing I question, I question the credibility
of Mr. John E. Gilles, who I understand signed a paper when he
made an application for a short environmental agreement form and
signed it. The last question on it is there public controversary
concerning the project and he said no. Is that right Mr. Gilles?
JOHN GILLES: Yes, sir.
JOHN J. LEE: I won't go into that any further, but I just
want to being out a point that these people aren't, I'd like to
stick with the credibility, but you have ruled your honor, I'll
stay away from that. Now, as to the question of the people in the
condominiums, I believe there was mentioned that there was going
to be 14 condominiums, 3 units of 4, 2 units of 1. Now, it goes
onto the question of the density of these units, it brings out,
as further stated, that they figure they will accomodate 100
people in t he restaurant in addition to the people in these
condominiums what is going to happen to our table water? That's
what I'm concerned about. I'm mainly concerned about that water.
I'm concerned further about the pollution of that water. As a
member of the Cedar Beach Park Association, only a member not an
officer, i"m not an officer, I believe I've expressed the senti-
men~s of all the member of the Cedar Beach Park Association.
Thank you, your honor.
SUPERVISOR PELL: Does anybody else wish to be heard speaking
against the applicant?
FRANK BEAR, Southold: I'll take only a second because most
of what I wanted to say has been said. I want to refer again to
the Malcolm Pirnie Study which refers specifically to the fragile
condition of the water supply in the Great Hog Neck where approxi-
mately 2% of the Town's entire water supply now exists. I'm
speaking again on behalf of the North Fork Environmental Council
and the North Fork Audubon Society. I appeal to the Board to listen
to the concerns that have been expressed here tonight as well as the
opinions that were expressed by the Southold Town Planning Board and
(13)
PUBLIC HEARING
CHANGE OF ZONE APPLICATION#243-WAYNE ASSOCIATES
May 6,
1980
and the Suffolk county Planning Commission. Thank You.
SUPERVISOR PELL: Yes, Dr. Smith.
DR. SMITH: I'd like to make one correction. I
think the gentleman stated an average of 50 gallons perday. I
think it is somewheres between 90 and 120 gallons per day the
average personal usage in the Town of Southold.
SUPERVISOR PELL: Thank you. Does anybody else wish to be
heard in opposition to this application?
TOM CONRAD, Southold: I'm a resident of Hogs Neck and also
a volunteer fireman. When you have these many buildings this
close together and you are talking about cedar shingle buildings.
If one of those things got going down there, that is one of the
longest runs we have in Southold. You would be in real big
trouble if you had a fire down there. That's something else to
think about.
SUPERVISOR PELL: Thank you Tom. Does anyone else wish to
be heard in opposition to this application?
MRS. RAYMOND AKSCIN: My house is very very close to the
General Wayne Inn almost as close as Mr. Wissemann's. I just
want to reaffirm and state once more that the water table is so
fragile. We have salt water intrusion. Also what the lady said
about the ducks and geese and so forth. We have them now on our
front lawn. We call them Charlie. They come for bread and they
come for a coffee break everyday. We won't have them anymore.
Everything I wanted to say has been stated already.
SUPERVISOR PELL: Thank you. Anyone else?
HENRY COX: My name is Henry Cox, my family has been living
in the Cedar Beach area since before I was born. Nobody has
mentioned what happens during storms. Se ~ral times I have seen
Cedar Beach completely inundated with just the tops of the cedar
trees showing. I don;t think that some of these people that are
planning this realize that this can happen.
SUPERVISOR PELL: Does anybody else wish to be heard in
opposition to this application? Does anybody else wish to have
any comments on this application?
(There was no response.)
SUPERVISOR PELL: Does any Town Board member have any questions
they would like to ask?
(There was no response.)
SUPERVISOR PELL: If not, I will declare the hearing closed.
Hearing adjourned at 10:05 P.M. Respectfully submitted,
cOUNTY OF ~UFFOLK
DEPARTMENT OF HEALTH SERVICES
RECEIVED
Tow. C~er~ ~ou~hbl~
DAVID HARRIS, M,D,, M.P.H.
Mr. Pasquale A. Gemmla
c/o Nr. Richard Walgrove
2 Tudor City Place
New York, New York 10017
Re: Proposed Condominium, Situate S/S Orchard Lane, E/S Cedar Beach Road,
Cedar Cove, (T) Southold
Dear f.lr. Gamma:
I am in receipt of a copy of a letter to you from this Department dated
May 6, 1980. ~
Please be advised that this letter concerning the sewage and water supply
facilities was written prematurely. Prior to approval, it will be our re-
quirement that an acceptable water supply s~udy be conducted, in addition
to the normal processing procedure.
Very truly yours,
Royal R, Reynolds, P.E.
Public Health Engineer
General Engineering Services
RRR:cah
cc: Mrs. Judith Terry
NORTH FORK TAXPAYERS ASSOCIATION, INC.
PEC'ONIC'. NEW YORK 11958
May 6, 1980.
To: Town Board, Town of $outhold, New York
From: North Fork Taxpayers Association, Inc.
Subject: P~blic Hearing on V~ayne Associates request for change of zoning.
At a meeting of the Board of Directors of the North Fork
Taxpayers Association, Inc., on Monday, May 5, 1980, a
resolution was adopted objecting to the application of
Wayne Associates requesting a ch~ge in $omlng from A to
M~District in the Cedar Beach areA~, ~his objection is based
on the premise that we are unalterably opposed to spot
zoning.
For the Association~
William Weinheimer
Sec re tary
~iay 6, 1980
Paradise Point Road
Southold, N.Y.
As Bayv~_ew/Cedar Seach residents, we want to stress that we strongly object to
do%n~zoning the property behind the General ~ayne Inn because:-
the fragile water supply in Great Hog Neck is only slightly above sea level and
salt water intrusion occurs here more often than in o~her Southcld Town areas.
Sslt water intrusion takes place when the existing fresh water supply is exhausted
either as s result of a dry period or by over usage.
The MalcoLm i'irnie Engineer's Investigation of Water Resources, J~r~e, 1967; for the
town of Southold states:
"Southold's stored fresh water flows laterally to the various bodies of water
almost con~pletely surrounding Southold. Therefore, it is not safe to withdraw
fresh water from any portion of Southold to such an ext~ where the ground water
level is below I or 2 feet above mean sea level because the danger of contamination
by s~altwater is greater".
It should be noted that the ground water level of the Great Hog Neck area is one foot
above sea level (~.ccordin~. to above-mentioned report).
Wells ahmaged by salt water intrusion are abandoned.
It has been brought to our attention that the General Wayne Inn ran short of fresh
water during its last year of operation as a restaurant. Only yesterday sa~other well
was dug behind the Inn and at 50 feet ran into salt water.
The requeste~ rezoning of this property will ends. nger the Cedar Beach area fresh water
supply ~n~ r~sk spoil~ng the Cedar Beach/shnrefront with excessive septic disposal problem~
from mu!tifa~i!y zoning in this particularlj~ fragile area.
The c~py of the letter from Gerald Ne~nnan, Suffolk ~o~unty P~uning Department is enclosed
~u~ ?~ists 4 ~dditfonal reasons for disal, poval of this downzoni~g request.
RECEIVED
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
Tow. C~erk Southold
LEE £. KOPPELMAN
April 3, 1980
Ms. Judith T. Terry, Town Clerk
Town of'Southold
Main Road
Southold, Ne~ York 11971
Re:
Application of 'Wayne Associates"
(Case No. 243) for a change of zone from
"A" Agricultural and Residential and "M-I"
General Multiple-Residence to "M-i" General
Multiple-Residence, Town of Southold
(SD-80-3).
Dear Ms. Terry:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the Suffolk Coumty Planning Commission on April 2, 1980 reviewed the above
captioned application and after due study and deliberation Resolved to disapprove
it because of the following:
1. It is inconsistent with the predominant single family residence pattern
of zoning and character of the surrounding area;
2. It constitutes the unwarranted further encroachment of multifamily zoning
into a single family residence district;
3. It would tend to establish a precedent for further downzonings in the
locale; and
It is inconsistent with the Town of Southold Development Plan which desig-
nates the easterly portion of the premises for Suburban single family resi-
dence development.
Very truly yours,
GGN :jk
Lee E. Koppelman
Director of Planning
Gerald G. New~an
Chief Planner
2850 Cedar Beach Road
Southold, ~ew York 11971
March 17, 1980
Southold Town Board
Zoning Board
Planning Board
Southold Trustees
Town Hall
Southold, New York
11971
Gentlemen:
It has come to our attention that the Town of Southold
is considering a re-zoning of the property behind the
General Wayne Inn to accommodate fourteen condominiums on
six acres for Wayne Associates.
My wife and I currently live in our home on two and
a half acres fronting Dryad's Basin approximately one
thousand feet east of the General Wayne Inn. Our land
originally consisted of five building lots. We could
erect additional housin~ units on our land but have declined
to do so in an attempt to protect the local environment.
~e firmly believe that the environment in this area cannot
survive even minimal densiUy one-acre zoning, no less one-
half acre zoning and fourteen units per six acres could
produce disastrous environmental consequences.
In addition, allowing housin~ units on less than one
acre in this instance would provide incentive for other
landowners to attempt to do the same with their land. If
some landowners are allowed to maximize profits by increased
density housing on their land, the other landowners should
not be denied the same privilege, it would certainly be
unfair to allow housing units on less than one-half acre in
this case and expect the oSher property owners in the town
to be held to the one-acre zoning.
The Wayne Associates re-zoning could not only endanger
the environment in this area, but could set a precedent that
may harm the overall environment of Southold Town.
In additbn to the above, our objections to this re-
zoninM are also based on the following reasons.
%lc believe the re-zoning could deteriorate the quality
of the groundwater rapidly, possibly to the point of causinE
many wells to be unusable for h~man consumption. Our well
(2)
water has been deteriorating since we moved into our house
and this well is right up near the road, one hundred and
twenty feet from the high-water mark. Last year, we had to
install water purification equipment in our house at a cost
of $500.00. This equipment worked well until a few months
ago, when the water began turning brown and smelled strongly
of hydrogen sulfide due to intrusion from the creek. We
tried a commercial charcoal filter installation at the pump,
but the levels of contamination were too high for it to
purify. We spent another $500.00 for another well on our
property, again near the road and over one hundred feet from
the water, which produced water with very high salt content.
Finally, the installation of a potassium permanganate oxi-
dation/reduction system at a cost of $?00.00 on the original
well brought the contamination levels to acceptable standards.
However, we are still drinking brown water and remember,
we have these problems with one house on two and one-half
acres of land.
It is obvious that 9ven now our water situation is
tenuous and that any disturbance or lowering of this water
table would probably ruin our well permanently. Fourteen
units on six acres one thousand feet to the west would use
sufficient water to lower the water table, especially with
lawn maintenance and a proposed swimming pool. It should
also be noted that our wells were driven on our land at
points that have elevations of ten feet, which are fairly
high elevations for the Cedar Beach area.
Cedar Beach, in general, is a low-lying area with
shallow groundwater. In order to prevent waste disposal
problems, a single housing unit is required to have one tank
and five pools. This means the condominiums would have to
have fourteen tanks and seventy pools, all discharging waste
into a six-acre parcel with shallow groundwater, part of
which is wetlands fronting on Cedar Beach Creek.
If the housing units have to be one hundred feet from
the water as well as the cesspools, and the wells have to be
one hundred feet from the pools, we don't see how fourteen
tanks, seventy pools, fourteen living units, roads, parking
lots, a swimm~ing pool and wells could even be put onto six
acres, part of which is wetlands, without subsequent perma-
nent damage to the environment.
Also, the run-off from the roads and parking facilities
as well as lawn maintenance products could undoubtedly
pollute one of the cleanest productive creeks in the Town.
~n addition, the only access channel to the bay abuts this
property, and is very narrow, which would preclude ~lacln~
any docks or mooring any boats in front of the property
without blocking the channel. This would certainly create
(3)
additional future problems.
We have also reviewed the Short Environmental Assess-
ment form submitted by Wayne Associates and take exception
to their checking "no" on the following items:
#3 Pollution could be caused in Cedar Beach Creek.
#4 Groundwater quality could deteriorate.
#6 Blue claw crabs in addition to clams, mussels,
scallops and turtles. As we mentioned before, Cedar Beach
Creek is a very productive marine system.
#$ This area is one of the most beautiful in the
Town with natural wetlands and Cedar trees, and should be
maintained as close to its present state as possible. Right
now the resident of Suffolk County who use Cedar Beach Park
have a beautiful view to the west of the creek, wetlands and
wooded acres, These condominiums would be placed right in
the center of this view.
#10 The disruption of the views and water quality could
negate future recreational opportunities.
#ll The project could effect navigation in the creek.
Also, Bayview Road is the main access route to this area and
a Business Zone would increase trucking and traffic along a
residential route which is also a school bus route.
#12 We feel re-zoning of this area and the General
Wayne Inn area would bring obJectional noise to the area.
#13 Public Health could be endangered through shell-
fish contamination.
#14 Condominiums and down-zoning of the property
would have a ma~or negative effect on the character of this
community.
#15 Public controversy does exist.
My wife and I used to live in Manorville and feel that
one of the ,smartest things the Town of Brookhaven ever did
was to change the area to two-acre zoning to protect the
groundwater and environment for present and future genera-
tions.
We strongly hope that the Town of Sauthold will also
at least maintain the one-acre zoning if not increase it to
protect our groundwater and local environment and to prevent
the demise of one of Long Island's most beautiful areas.
Thank you for your concern.
Very: tru~ yours,
Robert amd Plane ~azza
We, the following property owners in the Town of Southold have reviewed
the pending applicationof Wayne Associates for a zoning change on approxi-
mately seven (7) acres of land lying between the General Wayne Inn and
Cedar Beach Creek to permit the construction of a fourteen (14) unit condo-
minium complex. We, individually and collectively, actively oppose the
granting of such application for a number of significant reasons. These
reasons include but are not limited to the following:
That Wayne Associates seeks to convert what are presently
seven (7) residential lots on a filed map and turn these seven
(7) lots into a complex of fourteen (14) residential units
thereby doubling the maximum population density of the
project site.
We also object to the requested exemption for existing zoning
regulation of one unit per acre according to the area
specifications. By turning the Gen. Wayne surrounding
property into multiple dwelling property, we feel that the
location would be overpopulated and the character of the
location changed from rural to metropolitan. It is because
of the rural atmosphere that property owners in the Bay View -
Cedar Beach neighborhood have selected this area for their
residence.
We have reviewed the application of Wayne Associates for a change in zone
(case number 243), have read this petition, reviewed the maps and docu-
ments attached to or referred to herein, and for the reasons set forth in
this petition respectfully ask the Town Board to deny the application for the
requested change of zone as being detrimental to the health, environment,
wellbeing, and future generations of the Town of Southold, and more
particularly the immediate community of the Cedar Beach and Bayview area.
PRINTED NAME
COMPLETE ADDRESS
SIGNATURE,
We, the following property owners in the Town of Southold have reviewed
the pending applicationof Wayne Associates for a zoning change on approxi-
mately seven (7) acres of land lying between the General Wayne Inn and
Cedar Beach Creek to permit the construction of a fourteen (14) unit condo~
minium complex. We, individually and collectively, actively oppose the
granting of such application for a number of significant reasons. These
reasons include but are not limited to the following:
That Wayne Associates seeks to convert what are presently
seven (7) residential lots on a filed map and turn these seven
(7) lots into a complex of fourteen (14) residential units
thereby doubling the maximum population density of the
project site.
We also object to the requested exemption for existing zoning
regulation of one unit per acre according to the area
specifications. By turning the Gen. Wayne surrounding
property into multiple dwelling property, we feel that the
location would be overpopulated and the character of the
location changed from rural to metropolitan. It is because
of the rural atmosphere that property owners in the Bay View -
Cedar Beach neighborhood have selected this area for their
residence°
PRINTED NAME
We have reviewed the application of Wayne Associates for a change in zone
(case number 243), have read this petition, reviewed the maps and docu-
ments attached to or referred to herein, and for the reasons set forth in
this petition respectfully ask the Town Board to deny the application for the
requested change of zone as being detrimental to the health, environment,
wellbeing, and future generations of the Town of Southold, and more
particularly the immediate community of the Cedar Beach and Bayview area.
COMPLETE ADDRESS (/ SIGNATURE
COUNTY OF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D.. M.P.H.
May 6, 1980
P. Gemma & Associates
Pan Am Building
New York, New York 10017
ATTENTION: Mr. Pasquale A. Gemma
Re: Proposed Condominium, Situate S/S Orchard Lane, E/S Cedar Beach Road,
Cedar Cove, (T) Southold
Dear Mr. Gemma:
Please be advised that we are in receipt of the preliminary site plan for
the above referenced site.
A preliminary and cursory review indicates that the Department's standards
for sewage disposal and water supply can be met.
Should you have any further questions, please feel free to contact this of-
fice.
Yery truly yours,
Robert W. Jewell, P.E.
Public Health Engineer
General Engineering Services
RWJ:cah
"PUMPS"
KREIGER WELL AND PUMP CORP.
WELLS - PUMPS - ~UPPJlF~.
SOLD TO '~
Telephone: 727-2124
DATE
DEL. TO
STREET
STREFT -
elTM ' - ~ ~ CITY
ORDERED SHrPPEE DESCRIPTION L ST
EXTENSION
TOTAL
Received the above maTerial
16018
I~IF.4SE NOTE
I$ DUE UPON COMPL[~tiON.
"WATER EQUIPMENT"
Myers Water Conditioning
MerriB Supplies
Yardley Plastics
Wolverine
Rain-Bird SprJnkle~
Harvard Tanks
NEt
DISCOUNT
SALES TAX
TOTAL
INVOICE
WN OF SOUTHOLD
OSCAR M. SCHLOSS, JR.
P.O. Box 42I
SOUTHOLD, NEW YORK 11971
May 2, 19~0
Supervisor William R. Pell, III
Tow<. Offices
~ein Road
Southold, N.Y. 11971
With reference to the request by "Wayne Associates" for the change
of zone on the property locater directly behind the '~;eneral Wayne Inn
on ~'a3~view Road, Sea,tho!d; we request that you vot~ against th.is
downzoning from Agricultur~!/Re~ ~nti~.? te ~enera] ~_u] tiple-Residence.
As long time residents of the Cedar Beach area, we do not like to see
this lovely and enxrironmontally attractive ares destroyed by careless-
ness. We f~e~ that dowmzoning is net cousi~tent with the Town of
Southold Development Plan and will only invite further requests of
this kind. We hope tha~ you will do your best to preserve th~s
Cedar Beach area for us and future generations.
Many thsnks.
Cordially,
~$~ & Mlizabeth SchIoss
Paradise Point Road, Southold
TOWN OF SOUTHOLD
~ay 5, 198o
Cedar Beach Road
Southold
New York
Supervisor William Poll & Tow~ Councilmen
Town Clerk's Offi~
Main Road
Southold~ New York
Roi Request for change of zoning from
Residential to General Multiple
Residence by Wa~u~e ^ssociates Inc.
Gentlemen:
We live adjacent to the General Wa~e Inn property.
Our home is on 1~ acres. Surrounding houses are on a
minimum of 1 acre.
The w,~tsr ~able in thia area is so fragile that at
timea we have a salt water intrusion.
We urgently request that you deny this change of zon-
ing which would drastically affect the character of GUilt
neighborhood.
Sincerely,
·
J Raymond ~ Akscin
Geraldine Aksoi~
COUNTY OF ,SUFFOLI ~'
DEPARTMENT OF HEALTH SERVICES
May 2, 1980
Judith T. Terry
Town Clerk
Town of Southold
Southold~ Wew York 11971
RE: Wayne Associates
Zoning change from "A" Residential-Agricultural to:
"M"-I" General Multiple Residence District
Dear Judith:
I have reviewed the above referenced zoning change in respect to the
water supply and sewage disposal facilities.
1. Due to the history of a very limited groundwater supply in the area,
and the proposed increased water usage, an acceptable water supply study
is reconmnended prior to any change in zoning.
2. In addition, comments from the State Department of Environmental
Conservation concerning wetlands is recommended.
3. Test holes should be analyzed for the construction of individual
sewage disposal facilities, in respect to groundwater and soil conditions.
If you have any further questions, please do not hesitate to call me.
Very tr,.~,!y yours,
Royal R. Reynolds, P.E.
Public Health Engineer
General Engineering Services
RRR:amf
MRS. RO3~RT V/. GtLBER[
PARAD;$E POi?IT ROAD
SOUTHOLD, I'~EW YORK 1191~
'row. O~?OUT"o~-o J
April 29., 1980
£r. ~ii±iam Pe!l~ Supervisor
~o~n Office
Southold, N.Y. !igV1
Re~
h~. Peil:
Request for chan~e off zone by Wayne
Associates for property located directly
behln5 the General Wayne Inn, off
Bayview Road at Cedar Beach Road.
ks residents of the Cedar Beach Park area, we urge
you to vote against this Cownzoning from Residential to
General luitiple Residence.
There is a very fragile water table environmental
condition in this area. Therefore we are unalterably
oppose5 to anything which would endanger it.
The Co~ty Piannln~ Commission also disapproves of
this downzoning because ~he Town of Southoid Development
Plan designates the easterly portion of the pr~mises for
Suburban single family residence development.
Thank you for your consideration in this important
matter~
Respectfully yours,
_~a~I~, i~C.
/ir . . ~ .~ ,
,,. ,
/ Secretary
JUDITH T. TERRY
April 29, 1980
Roy R..Reynolds
Dept. of Health Services
County of Suffolk
County Center
Riverhead, New York ll901
Dear Ro~:
The Town of Southold aniticipates there may be some problem with
water on the two (2) enclosed change of zcne applications:
Maidstone Development Corp. and Wayne Associates.
May we have your comments on both of these applications?
JTT/bn
cc:file
Enc./
Very truly yours,
J~~erry~
Town Clerk
NOTICE OF H[~AFdNG
' ON PROPOSAL TO AMEND
' ZONING 0RDIlgANCE
Pursuant ~o ~S~tion 265 of
the Town La~ 'and i requ~e-
¢' ;merits 'of Chapter 1~ of the
pubic he,rings ~lf be .eld by
· _ ..-
~ ~ay, 19~, on the fo~o~g
~ dp~s~s to amend the. Bund-; ·
~:/~tfie~ Bulldog ~ne Maps) Of
~:d ~¢Town of Southold Suffoik
~1 Mulfip~ Residence
p~pe~y
.~neDevelopment, Inc., sltu-
i:...~Own,of $ouihold. SuffoIk
~um~, Ne'~ York, hound~d
:. ~ de~criked as fo ou
::? BEGINr~NG at a monument
...~he n~herly line of the
5: ~'c0mer of land; nnw
k' ~erly of Parlamm, formerly
~i ~ ~met of the premises
~ ~e~ described; ~m smd
~ ~g said no~erly l~e of ~
~ N~ Road SoU~ 53 degre~
~ ~ ~utes 30 seconds We~
:~; tug.once along l~d now or
.~ fdmerly at C~staI On a line
~::~ I~ ~m the westerly l~e of
.~f ,.;~ees 56 minutes oO s~nds
:~t" 3~d~a~ high w~er mark of
.., once along said high w~er
3O,se~nds Ea~ s di~ of
297~75 fe~ to said l~d of
P~lamis; ~en~ along said
l~d of P~lamis Sou~ 24
d~es 56 m~utes 30 sounds
~::~ ~ a ~stance of ~2.47 fe~
~ t~ the point or place .of
~c; begging smd premmes ~n-
~i ~mg 5.207 a~es ~r~g
to(~ey of ~o W. V~ ~yl
&"~on, ~ted O~ober 31,
B:3~ o'clock P.M. By ch~g-
~g ~om "A~' Resid~t~ and
-~n~ Mul~ple ~es~aence
Di~d~ ~e prope~y of Wa~e
~; Associates situated at
i~ old, in the To~ of
~:..,C, County.. of Su~lk, 3tare of
STA~ OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper prin~d at ~outhold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
r, as been published in said Long/Island Traveler-Watch-
man once each weeP. for .......... -/. ........................... weeks
co . e cir on .../...]. .................................
Swam to before me ~is f ~ d~¥ os
Notary ~
.?
.fei'ua. ed' by. the iutets~ctiou of
~hu' southerly mide o~ O~h~d
ly ~de,~,C~ He~ Road~
~u~er~.~e of Orchid ~e .',
20 se~uds~a~ 451~ fe~
d~es 37;m~utes 40 s~nds,
e~ ~ 02 f~t to a
ha~g a ~us of 156.20 ~et
d~ of 121.~ fe~ r~:~
46 '~u~s 50 se~uds ~t
i81.4Z ~ to a monument;
r~u~g 1hence ~uth ~2 deg-,
r~ ~.07~,miuutes 30
B~ach ~r: ~ence
lv and ~u~ea~eriy aloui~e
~tdinaO' ~gh water ma:~ ~ ~'
Cea~ Beach H~r 4~
more ~ less to ~e fio~fidyr.
t~e a[~ lot No. 30 onr~
se.~.ds w~st 220 feeri~o
uo~h ob de~ees 5Z.~t~
gO se~nds west ~.5~[~t
{ke easterly side~ of~dar ~ ~'.
alcn~ the easterly ~ide
ced~ Po~t Drive a~
Beach Roa~ uo~H 2~g~ ..~ ,
07 m~utes 40 secon .
322.11 fern to the ~'~ ,
ab,~ve menfioaed a~&h~
~,y person m.be
he~d on
the dine and
specked.
DATED: Ap~
BY O~ OF
SOUTHOLD
J
fumed by, the intersection of
· ihe ,~southeYly sid~ of ~d
L~e (priv~t~) w~ ~e ~e~-
~'s~ o~ Cedar B~h Road;
running thence aldng the
~outherly ~ide of Orchard Lane
south .66 degrees $2 mEuut~s
,20 se~nds Fast ~1.63 fu~
donees 37 ~utes ~
r~ ~nce aloni ~e arc
of'a ea~ fiea~ng to ~e
ha'ring argus of 156.20 ie~
n~g'~h~ade-~uih S8
46 m~ul~ SO s~ndd e~2
I81.42 ~et to a mou~eni~
runn~g thence ~outh 62 deF-
reest07 minutes 30 se~nds
highf water~ m~k o~ ~ed~'
.Beach ~or ~ence ~ui~6r,'.
ly and southea~erly
~u~ h~h water mark~of
C~r Bea~ ~rbor 426 ~
~r~ or less ~ ~
Ceda~ Bem:h Put!
62 debris O3 mMutus'~20
s<ouds wes~ ~0 f~t'
07 m~utes 40 se~n~
28.25 feet; ~'U~UdO~
the ~lyJ sid:' of i~'dar
a~ the ea-lcrlv'Md~{of
Ced~-Point Drive and
the e~t~ly ~ide of
Beach Road north 23 dd~re~s
322.11 feet w ~lie ~orne[lirsr
~y pera,n, dcs}fin~,.lB be
h~rd ou thy abuv~ pr?posed
meudme~s sho,~ld ;ip~car at
~e time and ~,{a'r =~ve
ipecified. < ~
B~ ORD{:I~ OF~ HE
SOUT~OLO 'i O'.~'~ BO ARD
.Ii D{ H I 'I.;j'ER RY
fo~'Clerk
ii' a
westerly corner of land, now
or. formerly of Pariamis, for-'
merly of Marsfon, being the
~outbeasterly corner of the
premises :herein described
:from sa~d point of beginning
running dioag s~,id northesly
line of the North Road South 53
60 degrees ;~ minu~te~--~0 s~e.
ands east 83.0~ feet to a-point;
running th.',e~ce along ~the arc
· of acurve'bearing.to th~ right
having a radfus,of,tS~.20 feet a
distance of 121.o9 feet; run-
ning thence south 58 degrees
46 miuutes 50 seconds east
~ degrees 24 minutes 30 seconds 181.42 feet t~ a monument;
~ . W~st a distance of 255.56 feet; rnrming thence south '62 de-
! running!heneealonglaudaow g~eea 07 minutes 30 seconds
~ or .formerly of C~-ystaI on ii - east 205 feet to the ordinary
· ~ Hue parallel t6 and 25o feet · high water mark of Cedar
~-~ westerly from the westerly Beach Harbor; thence south-
~. - li~e of said land of Parlamis erly and southeasterly along
~ North 24degrees 56 minutes 30
~ seconds West 'a' distadce OF of Cedar Beach Harbor 426
~..- i52,2~ feef -to. ordinary ·high feet more or less to the north-
· :' '~at.er mark 6~' Long Island erly]ineoflotNo. 39onMapof
' ~; Sound; running thence along Cedar Beact~ Park afornmen-
..~_~,~ ~ - "' ' said high water mark of Long tieaed' running thence ner,~
~J~~.6¥1CE '~ ' Island Sound North 32 de~re~ ;' ~2 d~eeci~7 mihuths 20 sec-
~NOTICE OF HEARING ON ~.0~ minutes 30 secend~E~st a ~ 0ods west~220 feet to'a point;
~"~'.v PROPOSALTOAMEND ' i distneee of 297.7~ feet·to!said
- ZONING .ORDINANCE - land of Parietals: . ~nee ~ minutes 40 seconds east 28.25
td~. Pursuant to Section 265 of along said land of Par. I~.mis
' the To~ r~ Law and req-a~ru- ' Soath 24 degrees 5~ minuf.~s 5O degrees.52 n~nuteg 26Seconds
. medi~ of Chapter 100 of the ' seconds East a distanci~
· . Code of.the Towa of Southold ' ,~2.47 feet to the point or
-SUffolk CoUnt.K~ New Yerk, ~ of beginning, said
publiebea ri6gs w'ill be held b.v ~ ~ontaining 5.,2,0~ acres accord- erly side of Cedar Point Drive
~heTow'nBSardof£he~ownbf . ing tosurve} of OttoW)Wa~
5outhnid at the Southold Tog'n . Tuvl & Son, dated Octobdr
~' Hall. l~'iliin Road. Southo]d, ' i9~1.
New.York on the 6th day of _ .-.8:30 o e.{eek P.I~L By ~ng:
May. t980, on-the follo~'ing ~ img from "A"
.proposals to amend the But[d- . ~gneultura{ District to "M-1
ingZdoe Ordinance Hneluding Gene~;a{ MulQp{e Resid~nee
theBuiiding?.one~,faps]ofthe . , ~)istrict~eproperl~'ofWay'ue
' Tov~l of - Shuthold. Suffolk Asg0clates situated at Soath-
- C'ounty,~ew York ' o d. th the Town of Southold, · the time and
8:15o'¢lockPM~Byehan~J. County of SUffnik Stale of, specified.·
lng from "A" Residemiai and "N~w York, bounded and d~- DATED A i'flS, 191{0
Agricultural D~stmct to 'M-I scribed as fodews
BY ORDER OF
General Multiple .Residence ~ ~ · BEGINNING at the corner ' . TH~SOUTHOLD
District the property of- ~nid- formed by the latersectlan:of~ TOWNBOARD
:s~oue Development. Inc., sim.
ated near Greenport, in the
Town at' Southold, Suffolk
Count~, New York. bounded
and described ak fOIIbws': -
BEGI~INING at a monu-
ment on {he northerly line of
the North Road at the south-
the souther[y side of Oreberd
Lane tprivate{ with the~east-
erly side of Cedar Beach
Read; runeing rheace'along
the southerly side of orchard
Lane south ~ degrees 5Z
minutes 20 seconds east 451.63
feet to a point: nmning thence
JUDITH T. TERRY
TOWN CLEi~K
duly Sworn.
of t~he SUFFOLK
~t Greenport, in s~id
.~,~-tnex~d is ~
Week~ T~
~Tt~ ...............
I
DE V§E
State 3f ~e,,r. Yor:k
Sutfoik
Term [,~o~res ,Marc~ 30. i9~./
STATE OF NEW YOP~,:
COU[~TY OF SUFFOLK:
SS:
JUDITH T. TEP3.Y, To%~] Clerk of the To-~ of
Southold, New York, being duly sworn, says that she is over the
age of twenty-one years; that on
the 9th day' of A!3ri 1
19.80 , she affixed a notice of which the annexed printed
notice is a true copy, in a proper and subs,tantial manner,
most public place in the Town of Southold, Suffolk County,
York, to wit:-
in a
New
To%~ Clerk Bulletin Board, Town Clerk Office
Main Road, Southold, N.Y. 11971
Notice of Public Hearing upon application of.Wayne'.As'sociates,
Inc. for a change of zone - 8:30 P.M., 3~[ay/6, 1980
' Sworn to before me this
9th day of April
19 80
~otary Public/
dith T. Terry, T~.~n Clerk
LEGAL NOTICE
NOTICE OF HEARING ON PROPOSAL
TO A~ND ~OWT~ ORDINDt~CE
Pursuant to Section 265 of the Town Law and requirements of
Chapter 100 of the Code of the mown of Southold, ~uffolk Couhty,
New York, public hearings will be held by the Town Board of the
Town of Southo!d at the Southold Town Hall, Main Road, Eouthold, t
New York on the 6th day of ~ay, 1980, on the following proposals
to amend the Building Zone Ordinance (including the Building
Zone }~aps) of the Town of Southold, Suffolk County, New York.
8:15 o'clock P.M. 'By changing from "A" Residential and
Agricultural District to "~-1" General ~ltiple Residence
District the proDerty of P~aidstone Development, !nc., situated
near Greenport; ~in th.e~Town of Southold,.~SuTf~lk.C0u~ty, ~New
York, bounded and 'described as follows:
B~G!NNiNG at a monument on the northerly line of the
North Road at'the southwesterly'corner of land, now or formerly
of Parlamis, formerly of ~¢arston, being the southeasterly
corner of the premises herein described; from said point of
beginning running along said northerly line of the North Road
South 53 degrees 24 minutes 30 seconds West a distance of
255.56 feet; running thence along land now or formerly of
Crystal on a line parallel to and 250 feet westerly from the
westerly ~ne of said land of Parlamis North 24 degrees 56
minutes 30 seconds West a distance of 852.29 feet to ordinary
high water mark:of Long Island Sound; running.thence along said
high water mark of Long Island Sound North 32 degrees 09
minutes 30 seconds East a distance of 297.75 feet to said land
of Parlamis; thence along said land of Par!amis Fouth 24
degrees 56 minutes 30 seconds Fast a distance of 9~2.A7 feet
to the point or place of beginning, said premises, containing
5.207 acres according to survey of Otto ~. Van Tuyl ~ ~on, dated
October 31, 19~1.
Page 2 - Legal Notice
8:30 o'clock P.M. By changing from "A" Residential and
Agricultural District to "M-l" General ~!ultiple Residence
District the property of ~ayne Associates situated at Southold,
in the Town of Southold, County of Suffolk, State of ~ew York,
bounded and described as follows:
BEGINNIN~ at the corner formed by the intersection of the
southerly side of Orchard Lane (private) with the easterly side'
of Cedar Beach Road; running thence along the' southerly side of
Orchard Lane south 66 degrees 52 minutes 20 seconds east 451.63
feet to a point; running thence 60 degrees 37 minutes 40 seconds
east 63.02 feet to a point; running thence along the arc of a
curve bearing to the right having a radius of 156.20 feet a
distance of 121.09 feet; running thence south 58 degrees 46
minutes 50 seconds east 181.42 feet to a monument; running
thence south 62 degrees 07 minutes 30 seconds east 205 feet to
the ordinary high water mark of Cedar Beach Harbor; thence
southerly and southeasterly along the ordinary high ~ater mark
of Cedar Beach Harbor 426 feet more or ].ess to the northerly
line of lot No. 39 on Map of Cedar Beach Park aforementioned;
running thence north 62 de~rees 07 minutes 20 seconds west
220 feet to a point; thence north 22 degrees 07 minutes 40
seconds east 28.25 feet; running thence north 66 degrees 52
minutes 20 seconds west 754.52 feet to the easterly side of
Cedar Point Drive; running thence along the easterly side of
Cedar Point Drive and along the easterly side of Cedar Beach
Road north 23 degrees 07 minutes 40 seconds east 322.11 feet to
the corner first above mentioned at the point or ~lace of
BEGINNING.
Any person desiring to be heard on the above proposed
amendments should appear al the time and place above so
specified.
DATED: April
1980
BY ORDER OF THF SOUTHOLD TO, V..'~ BOARD
JUDITL' T. TERRY TOWN CLERK
l[l
Page 3 - Legal Notice
PLEASE PUBLISH ONCE, APRIL 17, 1%~8D, AND FORB'ARD T".%~O AFFIDAVITS
m~w~v TO~?N CLERK, TO~VN OF SOUTHOLD,
OF PUBLICATION TO JUDIT~I T. -. ...... ,
KAIN ROAD, SOU ~HOLD, NE..~ .... K.
Copies to the following on ~pr~l .9, 19S0:
The Suffolk Times
The Long Island T~aveler-~atchman, Inc.
Town Clerk Bulletin Board
Town Board L~mbers
Abigail A. Wickham, a/c ~aidstone Development,
John E. ~illies, a/c Wayne Associates
RECEIVED
APR 4 1980
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
Town P,~erk gout~old
LEE E. KOPPELMAN
DIRECTOR OF PLANNING;
April 3, 1980
Ms. Judith T. Terry, Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Re:
Application of "Wayne Associates"
(Case No. 243) for a change of zone from
"A" Agricultural and Residential and "M-1'l
General Multiple-Residence to "M-i" General
Multiple-Residence, Town of Southold
(SD-80-3).
Dear Ms. Terry:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the Suffolk Coumty Planning Commission on April 2, 1980 reviewed the above
captioned application and after due study and deliberation Resolved to disapprove
it because of the following:
1. It is inconsistent with the predominant single family residence pattern
of zoning and character of the surrounding area;
2. It constitutes the unwarranted further encroachment of multifamily zoning
into a single family residence district;
3. It would tend to establish a precedent for further downzonings in the
locale; and
It is inconsistent with the Town of Southold Development Plan which desig-
nates the easterly portion of the premises for Suburban single family resi-
dence development.
Very truly yours,
GGN:jk
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
New York State Department of Environmental Conservation
Regulatory Affairs Unit, Bldg. 40
SUNY - Room 219
Stony Brook, New York 11794
516-751-7900
T0~'n rJ~rl{ .e, outh01~
Robert F. Flacke
Commissioner
March 20, 1980
Judith Terry, Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Re:
Application of Wayne Associates -
i4 Unit Townhouse Condominiums @
Cedar Cove TW #1~276-0335 Case #243
Dear Ms Terry:
I am writing in reference to the above project and our telephone conversa-
tion yesterday concerning designation of lead agency as required by the State
Environmental Quality Review Act (SEQRA).
This Department was notified by your letter of December 5, 1979 to Mr. Roy
Haje indicating your desire to act as lead agency and request for written com-
ments. Mr. Haje responded asking that you delay any decision with regard to de-
termination of significance as lead agency, until he recieved the required State
TW (Tidal Wetlands) Permit Application.
The applicant has filed for the TW permit and our field inspection and re-
view to date indicates that the project will meet our regulationstminimum den-
sity and setback requirements. Therefore, the project is not anticipated to be
objectionable or significant with regard to impacts to tidal wetlands.
Your letter (2/28/80) to Mr. Daniel Larkin, Supervisor of this unit, which
recommended that NYS Department of Environmental Conservation assume lead agency
status has resulted in numerous letters filed in protest of this project. The
major objection cited is relative to the change of zone application now pending
before the Town.
The SEQRA Regulations, Part 617, Section 617.6(d)(1) cites criteria in order
of importance which are to be applied in designating a lead agency.
Judith Terry, Town Clerk - 2 - March 20, 1980
Town of Southold
Therefore, because the project being considered presents possible impacts
of local significance and does not contravene State standards the Town should
retain the status of lead agency. Accordingly, the Town will make the necessary
determination with regard to whether or not an environmental impact statement
will be required.
Also, I am sending copies of the letter of protest we have received to date
for your information.
Thank you for your cooperation on this matter.
Sincerely
David De Ridder
Associate Env. Analyst
DDR:ll
cc: D. Larkin J. Gilman
R. Thurber
R. Jewel (SCDHS)
N. Y. S. D. E. C.
LATORY AFFAIRS, REGION [
mailing address:
~arch 12, 1980
Dear ~r De Ridder
As a year-round resident on an
inlet of Cedar Beach Harbor, we are
to learn of plans for multiple-Dwelling
~r. David DeRidder
Assistant Environmental Analyst
t ,te Dept of .nwro ental
Building #40
Stony Brook NY 11794
concern
Condominium on one of the last almost yet un-
spoiled marshlands, calling for a zoning change:
case #243 Tidal ~etland #15276-0355
In reading over a copy of Wayne Assoc. assessment
of environmental impact, it is apparent they do not
comprehend the damage they are about to inflict
on the area. ~any questions were inaccurately
answere~. There certainly does exist controversy,
on the question, not only by present residents,
but ~ the North Fork Environmental Council
is particularly concerned.
The Cedar Beach marshl~nds harbor many
precious and endangered species, and a number of
naturalists have been attempting to defend this
environment from encroachment and pollution.
I believe the naturalist Paul Stoutenburg
could be called on to testify as he has single-
handedly been instrumental in studying and
defending the Cedar Beach wildlife.
RECEIVED'
520 Lakeside Drive
Cedar Beach, Southold L.I.
~6- 765-}418
Sophia Adler
P. O. Box 1481
Southold, NY 11971
~lr David De Ridder
Asst. Environmental Analyst
KY State of Environmental Conservation
Building # 4O
Stony Brook, NY 11794
March 18 1980
Dear Sir,
As a local resident in the Bayview area
of Southold, we are not pleased with the idea
of a zoning change permitting more than one
unit per acre on this location as we feel that
questions 1,3,4,8,10,13,14 andl5 were answered
incorrectly on the Wayne Associates pe~.ition.
Address Seawoo~ Drive
R'EC£1VED.;
March 9,1980
Case #243/ Tidal Wetland
Ur. David DeRidder # 15276-0355
Asst. L~ivironmental Analyst
M. Y. State Dept. of E~vironmental
Conservation, Bldg. #40
Stony Brook, NY
Dear ~r. De Ridder:
As a property o%vner immediately adjacent
to the present General Wayne Inn on Cedar Beach Road in
Southold, NY, I am distressed by the answers given by
Wayne Associates in the Short ~vironmental Assessment
For~ dated 11/23/79 which has just been brought to ~V
attention.
It is important, I feel,to comment on the
answers made to the questions listed under (d) of the
form based on n~y familiarity with the area. ~y wife
and I have been homeowners on Cedar Beach Road since
1965.
#1. The construction of fourteen units
on the property behind the General Wayne Inn will do
considerable damage to the very fragile land in the
in~nediate waterfront area. It is frequently submerged
in storm high tides.
#3. The project certainly will have a very
definite negative effect on the body of water which drain~
through the creek into Pecor~ic Bay. It is not likely that
the residences will be offered without' water rights for
boating and the dredging and bulkheading needed will
mean serious disruption of the marshes and wetlands.
#4. The groundwater situation is already
in serious trouble from salt incursion at the locations
such as ours near Cedar Beach Road. Further attempts to
supply fresh water from behind the General Wayne Iniu will
definitely cause difficulty. Test well borings should be
required in any environmental assessment.
#8. Construction of any housing at the
waters edge will destroy the natural beauty arid novel
cedar tree groves from which the area derives its Dame.
# lC. It had been n%y understanding that
the Cedar Beach area and wetlands between the beach and
the property in question were to be Maintained in its
natural state to provide a uniqu~ area for the Marine
Sciences department of the Suffolk Community College
as well as a source of recreational crabbing and
fishing for all citizens. ~,~,~'%]~%,-~·
#13. The major impact on public ~ealth
would be due to the disturbance of the fresh water
and the pollution of waters by sewage disposal in the,,
area. ~'~. f. ''.. ,',,'!,~10~''
#14. In an area of many summer homes as well
as a number of year 'round ~esidents the addition of 14
condonimium units as well as a chan~e in zonmng for the
:~'Inn property would cause a great disruption'~n the bhar-
acter 0£ the commuA~ity . It would be a great disservice
to destroy natural beauty and fragile marine biological
resources for the construction of housing of the density
proposed by Wayne Associates.
~, 1~. Yes.
I trust these comments will be useful in
assuring that a complete study of the area will be made
s_uy zonzng change is permitted. It is particularly
'~o~note the vem real problem in the lands
gh.tides generated in
evere~northeas~storms~whioh flood~much of the property
in that pertion of the Cedar Beach area.
Sincerely,
Sydney~J. Bre es e ,~Jr.
Cedar Beach Road
Southold, NY llR71
re: Case # 24~/ Tidal Wetland # 15276- 0~55
RECEiVEDi ~
N, ¥, S. D, E. C.
REGULATORY AFFAIRS, REGION 1
N.~SO, .
~EGULAToI~¥ /t'F£~,~E. C.
MAR l~ I980
N. Y. S. D. E. C.
i~,EGUI.~TOR¥ AFFAIRS, R~:~;'ON
REC, E~VED~
1980
N.Y.S.D.E.O.
~ECULAIORYAF~IRS, REGIO~I
( .5-~ 7 ~-
RECEIVED
N.¥ S. D. E. C,
~Z
March 10, 1980
Mro David DeRidder, Ass't. Envirornmental Aualyst
N. ¥o State Department of Environmental Conservation
Building No. 40
Stony Brook, N. Y.11794
Dear Mr. DeRidder:
My wife and I are writing this letter to call your attention
to what we consider errors in the answers to the Short Environmental
Form filed by the Wayne Associates in their effc~t to effect
zoning changes in their six-acre piece of waterfront located behind
the General Wayne Inn. In particular, their answers to questions
l, 3, 4, 8, 10, 13, 14, and 15 are, in our opinion wrong. Indeed,
if their answers are generally as incorrect as their reply to
question NOo 15, the entire assessment is open to grave doubt.
I assure you that there is no end of controversy over this matter.
We in this area are very uneasy about what is being done t%
the quality of life hereabouts, particularly as regards our potable
water supply which, owing to chemical intrusion, a plethora ef
cesspools, and instances of salt water intrusion is becoming less
potable all the time. The concentration of fourteen family units
on the above-mentioned six acres of waterfront will certainly add
nothing to the potability pf water in that area.
All of us who are concerned about thio--and other--plane for
development, hope that a very close look will be taken at the
proposal submitted by the Wayne Associates.
Sam & Beryl Epstein
P. O. Box 1042
Southold, NY 11971
Sincerely yours,
N. ¥. S. D. E. C.
~)SC~P, M. $CHLOSS, JR.
~.O. BOX 421
$OU~HO~D, NEW YoI~ I1D71
March 3, 1980
I~. David De Ridder
Assistant Environ~e~tal Analyst
N. Y. State Dept. of Environmental Conservation
Building #40
State University of New York
Stoney Brook, N.Y. 11794
Dear ~. De Ridder;
With reference to petition #243 and tidal wetland file ~TW 15276-0335
on the General Wayne Inn property, directly behind the General Wayne Inn
building consisting of approximately six acres of undeveloped property
snd request for zoning change of wetland area by the Walme Associates,
we feel that wetland assessment form. submitted in the petition by the
developers has been erroneously answered.
ltith reference to questions #l, 3, 4, 8, 10, 13, 14 and 15 answered
negatively, we are convinced that the only possible answers would be
positive.
By permitting more than one unit per acre as requested in the petition,
the site would be scenically and physically changed. The existing body
of water condition could change, the drinking water quality could be
destroyed by salt water intrusion es already experienced by some Bay View
residents and the scenic vista would be blocked and the marshland~
creek and harbor areas could become polluted through misuse. There is
much neighborhood controversy and displeasure about the possibility of
development and overcrowding which would spoil this very ecologically
useful and scenicly attractive piece of waterfront property. ~e, as
~ocal residents, feel a responsibility to save this property with
wetland frontage from needless and careless development both for ourselves
and future generations.
We ask you as a New York State regulatory agency to protect this peaceful
and beautiful land by refusing the request as proposed by the ~ayne
Assooietes.
Sincerely, ~ ,.~ . -.
Oscar ~d Eliz~eth ~'loss, ~ Ra~ond and Geraldine
Paradise Point Ro~ l~ ~ ~o~ Orchard Lane
Southold, N.Y. 119~+ .~ ~ ' ~ ~ Southold, N.Y. ll~71
RECEIVED
1980
2850 Cedar Beach Road To~
Southold, New York 11971
March 17, 19~0
Southold Town Board
Zoning Board
Planning Board
Southold Trustees
Town Hall
Southold, New York
11971
Gentlemen:
It has come to our attention that the Town of Southo!d
is considering a re-zoning of the property behind the
General Wayne Inn to accommodate fourteen condominiums on
six acres for Wayne Associates.
~y wife and I currently llve in our home on two and
a half acres ~rontlnE Dryad's Basin approximately one
thousand feet east of the General Wayne Inn. Our land
originally consisted of five building lots. We could
erect additional housin~ units on our land but have declined
to do so in an attempt to protect the local environment.
!Ye firmly believe that the environment in this area cannot
survive even minimal density one-acre zoning, no less one-
half acre zoning and fourteen units per six acres could
produce disastrous environmental consequences.
In addition, allowing housin~ units on less than one
acre in this instance would provide incentive for other
landowners to attempt to do the same with their land. If
some landowners are allowed to maximize Droflts by increased
density housing on their land, the other landowners should
not be denied the same privilege. It would certainly be
unfair to allow housing units on !ess than one-half acre in
this case and expect the other property owners in the town
to be held to the one-acre zoning.
The Wayne Associates re-zoning could not only endanger
the environment in this area~ but could set a precedent that
may harm the overall environment of Southold Town.
In additbn to the above, our ob3ectlons to this re-
zonin~ are also based on the following reasons.
We believe the re-zoning could deteriorate the quality
of the sroundwater rapidly, possibly to the point of causing
many wells to be unusable for human consumption. Our well
(2)
water has been deteriorating since we moved into our house
and this well is right up near the road, one hundred and
twenty feet from the high-water mark. Last year, we had to
install water purification equipment in our house at a cost
of $500.00. This equipment worked well until a few months
ago, when the water began turning brown and smelled strongly
of hydrogen sulfide due to intrusion from the creek. We
tried a commercial charcoal filter installation at the pump,
but the levels of contamination were too high for it to
purify. We spent another $500.00 for another well on our
property, again near the road and over one hundred feet from
the water, which produced water with very high salt content.
Finally, the installation of a potassium permanganate oxi-
dation/reduction system at a cost of $700.00 on the original
well brought the contamination levels to acceptable standards.
However, we are still drinking brown water and remember,
we have these problems with one house on two and one-half
acres of land.
It is obvious that ~ven now our water situation is
tenuous and that any disturbance or lowering of this water
table would probably ruin our well permanently. Fourteen
units on six acres one thousand feet to the west would use
sufficient water to lower the water table, especially with
lawn maintenance and a proposed swimming pool. It should
also be noted that our wells were driven on our land at
points that have elevations of ten feet, which are fairly
high elevations for the Cedar Beach area.
Cedar Beach, in general, is a low-lying area with
shallow groundwater. In order to prevent waste disposal
problems, a single housing unit is required to have one tank
and five pools. This means the condominiums would have to
have fourteen tanks and seventy pools, all discharging waste
into a six-acre parcel with shallow groundwater, part of
which is wetlands fronting on Cedar Beach Creek.
If the housing units have to be one hundred feet from
the water as well as the cesspools, and the wells have to be
one hundred feet from the pools, we don't see how fourteen
tanks, seventy pools, fourteen living units, roads, parking
lots, a swimming pool and wells could even be put onto six
acres, part of which is wetlands, without subsequent perma-
nent damage to the environment.
Also, the run-off from the roads and parking facilities
as well as lawn maintenance products could undoubtedly
pollute one of the cleanest productive creeks in the Town.
In addition, the only access channel to the bay abuts this
property, and is very narrow, which would preclude placing
any docks or mooring any boats in front of the property
without blocking the channel. This would certainly create
(3)
additional future problems.
We have also reviewed the Short Environmental Assess-
ment form submitted by Wayne Associates and take exception
to their checking "no" on the following items:
#3 Pollution could be caused in Cedar Beach Creek.
Groundwater quality could deteriorate.
#6 Blue claw crabs in addition to clams, mussels,
scallops and turtles. As we mentioned before, Cedar Beach
Creek is a very productive marine system.
#8 This area is one of the most beautiful in the
Town with natural wetlands and Cedar trees, and should be
maintained as close to its present state as possible. Right
now the resident of Suffolk County who use Cedar Beach Park
have a beautiful view to the west of the creek, wetlands and
wooded acres. These condominiums would be placed right in
the center of this view.
#10 The disruption of the views and water quality could
negate future recreational opportunities.
#11 The project could effect navigation in the creek.
Also, 3ayview Road is the main access route to this area and
a Business Zone would increase truckin~ and traffic along a
residential route which is also a school bus route.
#12 We feel re-zoning of this area and the General
Wayne Inn area would bring obJectlonal noise to the area.
#13 Public Health could be endangered through shell-
fish contamination.
#14 Condominiums and down-zoning of the property
would have a major negative effect on the character of this
community.
#15 Public controversy does exist.
My wife and I used to live in Manorville and feel that
one of the smartest things the Town of Brookhaven ever did
was to change the area to two-acre zoning to protect the
Mroundwater and environment for present and future genera-
tions.
We strongly hope that the Town of Southold will also
at least maintain the one-acre zoning if not increase it to
protect our groundwater and local environment and to prevent
the demise of one of Lone Island's most beautiful areas.
Thank you for your concern.
Very tru~,~ yours,
JUDITH T. TERRY
TOW~ CLERK
R~GISTRAR OF VITAL STATISTICS
'FELEPHONE
(516) 765-1801
Pursuant to Sections 1323 to 1332 of the Suffolk County Charter the
Town Board of the Town of Southold hereby refers the following proposed
zoning action to %he Suffolk County Planning Commission:
XX
New zoning Ordinance
Amendment of zoning ordinance
Amendment of zoning map (change of zone)
Locat'ion of affected land: On Cedar Beach Harbor on the east side of
Cedar Beach Road, Bayview, Southold, New York · ·
Suffolk County Tax Map No.: District 1000, Sec%io~
within 500 feet of: Parcels 1,4,6,9,10,11
089, Block 3,
XX
XX
The boundary of any village or town
The boundary of any existing or proposed county, state or
'federal park.
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 or any stream or
drainage channel owned by the county or for which the
county has established channel lines.
The existing or proposed boundary of any other county,
state or federally owned land.
The Long Island Sound, any::bay~!i~Suffolk County or
estuary of any of the foregoing bodies of water.
or within one mile of :
Nuclear power plant.
Airport
COM2KENTS: Enclosed is recommendation of the Southold 'Town Planning
Board, and correspondence between the N.Y.S. Department of Environmental
Conservation and Southold Town Clerk.
Date March 14, 1980
Judith T. Terry/~
Southold Town Clerk
P]
,D
$
HENRY E. RAYNOR, Jr.,Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. ~.
GEORGE ~TCHIE LATHAM, J~.
Southold, N.Y. 11971
March 14, 1980
TELEPHONE
765 - 1938
Town Clerk Judith T. Terry
Town Hall
Southold, New York 11971
Dear Mrs. Terry:
The following action was taken by the Southold Town Planning
Board at a regular meeting held March 10, 1980.
RESOLVED to recommend to the Southold Town Board denial of
the apDlication of Wayne Associates for a change of zone from A
Residential to M-1 General Multiple-Residence for property located
at Southold because it is not in conformity with the development
map of the Town of Southold.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
SFIUTHDLD-PEBDNID DIVIIE A.~SDBIATIr-IN, INB,
BIRLITHE]LD, L. I., N. Y.
March lst,l~ov
Supervisor Wm&~ma~ R.
Town of Southo~d,
Southomd, N. Y.
pemm llI
Deaz· Supervisor,
The fo~&owzng reso~utmon was presented and acted upon at a
meeting of the Board of Dmz'ectors he~d on Nonday,February
25~h,1~o~o
,, whereas there appears on the Asenda ~or the Town Board
meetmn~ February 26th,l~u unde~ ,~eso~ut~ons-Item 15 ', ~n
reference to an application for a Onan~e ~n zoning ~n the
cedar Beach area, we w~sh to ~o on record as fozzows-
Smnce 1 ~56, thzs assuc~atmon was one of the orzg~na_~ pro-
ponents and sponsors of zon~n6 zn the Town of Southold and
have heartm~y approved t~e upgrading of z~nzng and have cen-
s~stent~ opposed down~rad~ng azzd spot zo~ng. The appea~
whzch w~u~d per~zt the erectzon of Fourteen Condominium Ap-
az.tments on S~X Acres pmus, was Thoroughly d~scussed and mt
was un~m~u~ agreed that th~s appea~ shouzd be der~ed.~
We trust that 2Gu wm~m znfor~ the members of your
Board and the zoning Board uf Appea~s accordmng~y.
for your cooperatxon mn thms matter.
I
"WHAT'S GOOD FOI~ SOUTHOLD-PECONIC IS GOOD FOi~ EACH AND EVERYONE."
JUDITH T. TERRY
TO~VN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
February 28, 1980
Daniel J. Larkin, P.E.
Regional Supervisor of
Regulatory Affairs
N.Y.S. Dept. of Environmental Conservation
Building 40, SUNY, Room 219
Stony Brook, New York 11794
Dear Mr. Larkin:
The Town Board of the Town of Southold at a regular
meeting held on February 26, 1980 adopted a resolution to
rescind their resolution of December 4, 1979 whereby they
declared themselves lead agency in regard to the State
Environmental Quality Review Act in the matter of the
application of Wayne Associates (your Id. ~TW15276-0335
Robald & Norkus) for a change of zone at Southold, New
York. The Town Board recommended in their resolution
that the New York State Department of Environmental
Conservation assume lead agency status.
Very truly yours,
Judith T. Terry
Town Clerk
cc: Mr. Gillies
New York State Department of Environmental Conservation
Regulatory Affairs Unit
Bldg. 40, SUNY - Room 219
Stony Brook, New York 11794
516-751-7900
Robert F. Flacke
Commissioner
February 19, 1980
Judith T. Terry, Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Dear Ms. Terry:
Re:
Application of Wayne Associates -
14 Unit Townhouse Condominium at
Cedar Cove
This Department has no objection to the Town being lead agency. We will
await your determination of significance before processing the Tidal Wetlands
Permit Application that has been filed in this office.
As you are aware, a lead agency determination of significance must be made
before any action is taken on any request for permit and approvals. Please ad-
vise us when you have made this determination.
Very truly your~
I~a~iel Jz~L~rktn, P.E.
Region~i/~pervi~ or of
Regul~dry Affairs
DJL:ll
cc: Wayne Associates,
Attn: John E. Gillies
It is our understanding that the Town desires to assume lead agency re-
sponsibility in connection with this SEQRA review.
Review and approval of this project is subject to the State Environmental
Quality Review Act (SEQRA).
New York State Department of Environmental Conservation
Regulatory Affairs
Bldg. 40, SUNY - Room 219
Stony Brook, NY 11794
(516) 751-7900
December 7, 1979
Robert F. Flacke
Commissioner
Judith T. Terry
Town Clerk
Town of Southold
Southold, NY 11971
Re: Zone Change by Wayne Associates
RECEIVED
0£C 1 ;~ 1979
This parcel is adjacent to tidal waters and wetlands. As we have not
received any Tidal Wetland application, we are unable to deten~ine to what
extent the proposed change will affect tidal waters as the survey supplied
shows no imp~ts. Until additional information and/or application is
made, we cannot make a determination of significance and request that the
Town delay any decision until we can ~t.
Very truly yours,
Alternate Lo~al Tidal Wetlands
Pel~nit Administrator
RLH/cr
SOUTHOLD TOWN BOARD - FEBRUARY 26, 1980
RESOLUTION ADOPTED TO RESCIND RESOLUTION OF DECEMBER 4, 1979
WHEREBY TOWN BOARD DECLARED THEMSELVES LEAD AGENCY IN REGARD TO
THE STATE ENVIRONMENTAL QUALITY REVIEW ACT IN THE MATTER OF THE
APPLICATION OF WAYNE ASSOCIATES FOR A CHANGE OF ZONE AT SOUTHOLD,
NEW YORK.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
December 5, 1979
Mr. Roy Haje
Environmental Analysis Unit
Building 40, SUNY - Room 219
Stony Brook, New York 11794
Dear Mr. Haje:
Enclosed find completed short Environmental Assessment
Form,application, and copy of map of proposed change of zone
by Wayne Associates.
This project is unlisted; other agencies may be
involved but the optional coordinated procedures for
designating lead agency and determining significance
will not be followed. The Southold Town Board wishes
lead agency status. (SEQRA).
May we have your views on this matter. Written
comments on this project will be received at this office
until December 26, 1979. We shall interpret lack of
response to mean there is no objection by your agency.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures
cc: Southold Town Building Department
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. 1., N. Y. 11971
TELEPHONE
(516) 765-1801
December 5, 1979
Southold Town Planning Board
Southold, New York 11971
Gentlemen:
Transmitted herewith is petition of Wayne Associates
requesting a change of zone from "A" Residential and
Agricultural District on certain property at Bayview,
Southold, New York.
You are hereby instructed to prepare an official
report defining the conditions described in said petition
and determine the area so affected with your recommenda-
tions.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures (5)
~K
JUDITH T. TERRY
TELEPHONE
(516) 765-I 801
Southold, L. I., N. Y. 11971
Nove~bel: 27, 1979
To Whom 1% May Concern:
Attached hereto is Environmental Assessment Form completed by
Wayne Associates in connection with their application NO. 243 for
a change of zone from "A",Residential and Agricultural District to
"M-i" General Multiple Residence District on certain property at
Bayview, Southold, New York.
Judith T. Terry ~/ Town Clerk
Posted on Town Clerk Bulletin Board
11/27/79
CASE NO. 2 ¥3
STATE OF NEW YORK
TOWN OF SOUTHOLD
PETITION
IN THE MATTER OF THE PETITION OF WAYNE ASSOCIATES
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE
OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
A Residential to M-1 General Multiple-Residence District
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
1. WAYNE ASSOCIATES, a co-partnership having its office at 320
Conklin Street, Farmingdale, New York, by JOHN E. GILLIES, a co-partner,
the undersigned, is the contract vendee for certain real property situated
at Bayview, So-uthold, New York, more particularly bounded and described
as follows:
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being at Bayview in
the Town of Southold, County of Suffolk, State of New York, shown on a
certain map entitled "Subdivision Map of Cedar Beach Park" filed in the
Suffolk County Clerk's Office December 20, 1927, as Map No. 90, more
particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side
of Orchard Lane (private) with the easterly side of Cedar Beach Road;
running thence along the southerly side of Orchard Lane south 66052'20''
east 451.63 feet to a point; running thence north 60037'40'' east 63.02
feet to a point; running thence along the arc of a curve bearing to the
right having a radius of 156.20 feet a distance of 121.09 feet; running
thence south 58046'50'' east 181.42 feet to a monument; running thence
south 62°07'20" east 205 feet to the ordinary high water mark of Cedar
Beach Harbor; thence southerly and southeasterly along the ordinary high
water mark of Cedar Beach Harbor 426 feet more or less to the northerly
line of lot No. 39 on Map of Cedar Beach Park aforementioned; running
thence north 62007'20'' west 220 feet to a point; thence north 22007'40''
east 28.25 feet; running thence north 66052'20'' west 754.52 feet to the
easterly side of Cedar Point Drive; running thence along the easterly
side of Cedar Point Drive and along the easterly side of Cedar Beach Road
north 23007'40'' east 322.11 ifeet to the corner first above mentioned at
the point or place of BEGINNING.
2. I do hereby petition the Town Board of the Town of Southold to
change, modify and amend the Building Zone Ordinance of the Town of South-
old, Suffolk County, New York, including the Building Zone Maps heretofore
made a part thereof, as follows: To rezone the above described premises
from A Residential-Agriculture to M-1 General Multiple-Residence District,
excepting therefrom that portion of the above described premises fronting
on Cedar Beach Road currently zoned within an M-1 Multiple-Residence Dis-
Trict.
3. Such request is made for the following reasons: It is the intention
of the petitioner, upon the granting of this application, to seek a spe-
cial exception from the Board of Appeals of the Town of Southold to permi
the utilization of the most easterly 6.1 acres more or less of the afore-
described premises for the construction and maintenance thereon of fourteE
condominium townhouse dwellings, together with such other accessories
and improvements to the premises associated with such use.
4. Petitioner verily believes that the utilization of a portion of said
premises for the uses set forth above is consistent with sound zoning and
planning and constitutes proper use of the premises which are the subject
of this proceeding.
STATE OF NEW YORK )
COUNTY OF NASSAU )
JOHN E. GILLIES, BEING DULY SWORN, deposes and says that he is
a co-partner of WAYNE ASSOCIATES, the petitioner in the within action;
that he has read the foregoing Petition and knows the contents thereof;
that the same is true to his own knowledge, except as to the matters
therein stated to be alleged on information and belief, and that as to
those matters he believes it to be true.
Sworn to before me
this 20th day of November, 1979
CASE
STATE OF NEW YORK
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF WAYNE ASSOCIATES
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE
OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
A Residential to M-1 General Multiple-Residence District
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
The undersigned, constituting the owners in fee of the premises
which are the subject of the above captioned application, do herein con-
sent to the filing thereof by the contract-vendee, WAYNE ASSOCIATES.
ROBALD ~TY ~P'r ~
ALDONA NORKUS
TOWN BOARD. TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Town Board of the Town of Southo{d.
TO:
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to p~etition the Town Board of the Town of Southold to
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
5. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on the matter by the
Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing
in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of
Southold and designated for the publication of such notices; that you or your representative have the right to ap-
pear and be heard at such hearing.
Dated: .~/,'; v e,m J~r ~. )c]7~
Petitioner
Post Office Address:
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
771
STATE OF NEW YORK
COUNTY OF SUFFOLK:
PO4
RECEIPT FOR CERTIFIED MA~L
RECEIPT FOF~ CERT~IFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
~ (See Reverse)
CERTIFIED FEE
RESTRICTEO OELIVERY
AND ADDRESS OF
~ ~ DELIVE,Y
] ~ ~DELIVEHY DELIVERED WITH REST RIC] ED
~m,~d~/~, ~-~ ?/7~ , being duly sworn, deposes and says that on the ~ day
of ~ ~ ¢ d ~ & e r ,19 ~, deponent mailed a true copy of the Notice set forth on the reverse
side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;
that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur-
rent asses~ent roil of the Town of Southold; that said Notices were mailed at the United States Post Office at
~ ~ ~ o ] ~. ~ ~ , ; that said Notices were mailed to each of said persons by (certified)
(registered) mail.
Sworn to me this ~,~ rd
day of/V~ ~em~e~' ', 19.~7 ~
~ Notary Public
EL~,ABETH ANN NEVILII
flOTARY PUNLIC. State of New Yo~ll
NO. 52-8125850, Suffolk Cou~y
Case No. =~
STATE OF NEW YORK
TOWN OF SOUTHOLD
In the Matter of the Application of
WAYNE ASSOCIATES
For a Change of Zone of Premises at
Bayview, Southold, New York, from
A-Residential-Agricultural to M-1.
FULL DISCLOSURE AFFIDAVIT
STATE OF NEW YORK )
ss.:
COUNTY OF NASSAU ) ~- D~
WAYNE ASSOCIATES, a co-partnership, by JOHN E. GILLIES,
a co-partner, of 320 Conklin Street, Farmingdale, New York, being duly
sworn, deposes and says:
1. That this affidavit is made by your deponent and intended
to be filed with the Town Clerk of the Town of Southold with respect to
the above entitled application made affecting premises located upon the
easterly side of Cedar Beach Road, Bayview, Town of Southold, New York,
more fully described in application aforementioned.
2. Name and address of applicant: WAYNE ASSOCIATES,
320 Conklin Street, Farmingdale, New York.
3. Name and address of all persons having any interest what-
soever in the property described in this application, direct or indirect,
vested or contingent, are as follows:
Contract Vendee
WAYNE ASSOCIATES, a co-partnership, composed of:
PASQUALE A. GEMMA, 40 East 88th Street, New York, N.Y. 10028
JOHN E. GILLIES, 320 Conklin Street, Farmingdale, New York 11735
KEW REALTY, 108 Allen Boulevard, Farmingdale, N.Y. 11735
RICHARD WALGROVE, 2 Tudor City Place, New York, N. Y. 10017
Owners of Real Estate and Contract Vendors
ROBALD REALTY CORP., a domestic corporation, having a place of business
at Cedar Beach Drive, Southold, New York. The shareholders, officers and
directors thereof are: ROBERT G. NORKUS and ALDONA NORKUS, his wife,
both residing at Nassau Point Road, Cutchogue, New York.
NORTH FORK BANK & TRUST CO., Mattituck, New York
4. The names and addresses of all persons who will receive
any benefit as a result of their work, effort and services in connection
with said application are as follows:
RODERICK VAN TUYL, P.C., Front Street, Greenport, N.Y. -
Professional engineer and surveyor.
5. The name and address of all persons who are officers or
employees of the Town of Southold and heretofore listed in paragraphs
4 and 5: NONE.
6. The names and addresses of all persons set forth under
paragraphs 4 and 5 who are ~lated to any officer or employee of the
Town of Southold are as follows: NONE, to the best of your deponent's
information and belief.
Sworn to before me this
20th day of November, 1979
.~ 30-4643775
s~,on ~P,~es March
-2-
Q