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HomeMy WebLinkAboutTB-12/20/1983399' SOUTHOLD TOWN BOARD' December 20, 1983 A Regular Meeting of the Southold Town Board was held on Tuesday, December'20, 1983 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 8:15 P.M. with the Pledge of Allegiance to the Flag. Present Supervisor William R. Pell, I11 Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Town Clerk Judith T. T~rry Town Attorney Robert W. Tasker Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby determines that effective January 1, 1984,, the office in the Southold Town Hall will be open for business from 9:00 A.M. ~o 5:00 P.M., five days per week (Monda~z through Friday), and the regularly scheduled clerical employees shall maintain these hours,-working seven hours per day, with one hour for lunch, five days per week, all. in accordance with Article VIII, Section 1 of the agreement dated December 13, 1983 between the Town of Southold and The Civil Service Employees Association, Inc., Suffolk Chapter, Southold Town Unit. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, COuncilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, this Board has heretofore established the Southold Wastewater Disposal District in the Town of Southold, and WHEREAS, this Board acting for and on behalf of said District deems it in the public interest that this Board enter into an agreement with the Incorporated Village of Greenport for the operation, maintenance and management' by said Village of a Wastewater Pretreatment Facility to be constructed at the site of the Greenport Sewage Treatment Plant at Moores Lane, Greenport, New York, for a term of twenty years all in accordance with the the terms of an agreement prepared by the Town Attorney, NOW, THEREFORE, BE IT RESOLVED that the a, foresaid agreement which has been examined by this Board is hereby approved and its execution is hereby authorized, and it is further RESOLVED that the Supervisor be and he hereby is directed to execute the lease between the Town of Southold and the Village of Greenport for premises at Moore's Lane, Greenport, New York, for the construction and operation,thereon of wastewater pretreatment facilities in the form and ~ontaining the terms and conditions of the lease prepared by the Town Attorney. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Murphy, it was RESOLVED that Supervisor William R. Pell, !11 be and he hereby is authorized and directed to enter into an agreement between the Town of Southold and Long Island Lighting Company to provide electrical service to the Southold Town Collection Center Buildin~j at the ~ ~i~ ~ a cost not to exceed ~1,500.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. DECEMBER 20, 1983 0 Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that Supervisor William R. Pell, Ill be and he hereby is authorized and directed to enter into an agreement between the Town 'of Southold and K. L. Dickerson Excavatin9 for the necessary excavating and grading work to be done at the Southold Town Collection Center Build- in9 site at the Landfill, at a cost not to exceed $2,000.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 25, adopted on December 13, 1983, setting 8..05--~--l~7~., ~ruesday, January 3, 1984, Southold Town Hall, Main Road, Southold, New York as time and place for a public hearing on the petition of Dalchet Corporation, James R' Fogarty, Georgleanna Fogarty, John ~Pung, IrWin S. Kruger, Re~nold F. Blum, William A. Littell, a~d Nancy G over ~/ictoria'iT~r a change of zone from "A" Residential and Agricultural Dlstrict'to "B-I" General Business District on certain property situated at Cutchb§ue~ Town Of Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Mu~'l~hy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution w'as declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Nickles, WHEREAS, Dalchet Corporation, James R. Fogarty, Georgeanna .Fogarty, John Pung, Irwin S. Kruger, Reynold F. Blum, William A, Littell, and Nancy Glover Victoria heretofore filed a petition with this Board requesti~§ a change of zone on property owned by t-l~ at Cutchogue, in the Town of Southold, and WHEREAS, this Board, as lead agency, requested said petitions to prepare a Draft Environmental Impact Statement (DEIS) with this Board,~with respect to said petition, and WHEREAS, said DEIS has been filed with the Town Clerk, and WHEREAS, a public hearing must be held by this Board before it may take action on said petition for a change of zone, pursuant to the p~ovisions of the Town Law, and WHEREAS, Section 8-109, suhldivision 5 of the Environmental Conservation Law provides that notwithstanding the specified time periods established by Article 8 of said' law, an agency shall have the right to vary the times so established therein for the preparation, review and public hearings in order to coordinate the envirionmental reView process with other procedures required ~n the consideration of an action, NOW, THEREFORE, IT IS RESOLVED that the DEIS of Dalchet Corporatiort, James R. Fogarty, Georgeanna Fogarty, John Pung, Irwin S. Kruger, Reynold F. Bium, William A. Littell, and Nancy GIover Victoria shall not be deeme~ accepted by this Board until it has held a public hearing on the said petition for a change of zone of' Dalchet Corporation, James R.! Fogarty, Georgeanna Fogarty, John Pung, Irwin S. Kruger, Reynold F. Blum, William A. Litteil, and Nancy Glover Victoria, and it is FURTHER RESOLVED that pursuant to the provisions of the Environmental Conservation Law and Rules, promulgated thereunder, after said hearing is held and the said DEIS is accepted by this Board, the environmental review process shall be considered by this Board concurrently with its consideration of the petition for a change of zone. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Supervisor Pell, WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the petition of Dalchet Corporation, James R. Fogarty, Georgeanna Fogarty, John Pun.q, Irwin S. Kruger, Reynold F. Blum, William A. Littell, and Nancy Glover Victoria for a change of zone from "A" Residential and Agricultural: DistriCt to "B-I" General Business District on certain property situated at CutchOgue, Town of Southold, New York, and more particularly bounded and described as follows: Beginning at the corner formed by the intersection of the Southerly side of Main (N.Y. State Route 25) Road and the westerly side of Harbor Lane the following two courses and distances: (1) South 42° 1-9' 10" East 226.37 feet; and (2) South 33° 45' 10" East 48.63 feet to land now or formerly of Bakowski; thence along land of Bakowski and other land of Dalchet Corp. South 56° 14' 50" West 310.85 feet to the westerly side of land of Dalchet Corp.; thence South 34° 18' 50" East 113.12 feet; thence along~land of John Pung, Irwin S. Kruger, Reynold F. Blum, and William A. Litteil :South 49° 31' West 1197.89 feet to land now or formerly of Homan; thence along land of Homan the following three courses and distances: (1) North 31° 22' 40" WeSt 172.20 feet; (2) South 51° 22' 20" West 110.0 feet; and (3) North 31° 22' 40" DECEMBER 20~ 1983 West 165.0 feet to the southerly side of Maine'(N.Y. State Route 25) Road; thence alon9 the southerly side of Main (N.Y. State Route 25) Road the followin9 four courses and distances: (1) North 51° 22' 20" East 272.0 feet; (2) North 49° 31' East 720.40 feet; (3) North 48° 46' 20" Esat 294.83 feet;, and (4) North 45° 44' East 287.32 feet to the westerly side of Harbor Lane and the point of beginnin9. The above described premises contain 11. 084 acres. NOW, THEREFORE, BE IT RESOLVED that a public hearin9 will be held by the Town Board of the Town of Southo[d at 8:00 P.M., Tuesday, February 14, 1984 at the Southold Town Hall, Main Road, Southo[d, New York, on the aforementioned petition, at which time any person desirin9 to' be heard on said petition should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearin9 to be published in'the official nesspaper pursuant to the requirements of law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy,-Councilman Murdock, Councilman Nickles, Supervisor Peil. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Murphy, WHEREAS, the Town of Southold, by resolution adopted by this Board 'on September 6, 1983, authorized the purchase of two parcels of surplus U. S. Government property at Fishers Island, New York to be used for the purposes of the Fishers Island Ferry District, and WHEREAS, a portion of one parcel has erected thereon a four family residence building which the Conl~nissioners of the Fishers Island Ferry District have determined will not be needed for District purposes, and WHEREAS, the said Commissioners have received an offer to purchase said our family residence build ng together with approximately 39,106 sq. ft. of land upon which said building is erected, for ti3e sum ot $150,765.00, and WHEREAS, this Board hereby determines that it is in the best interest of the Town of Southold and {he Fishers Island Ferry District that said land and building, which is not required for Town and Ferry District purposes, be sold for the sum of $150,765.00. NOW, THEREFORE, IT IS RESOLVED that the sale o~ the aforesaid land and building for the sum of $150,765.00 is hereby authorized, said sale to be made pursuant to the terms and conditions of a Contract of Sale approved by the Town Attorney, and it is further RESOLVED that this resolution is subject to a permissive referendum. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Senior Building Inspector George H. ~-i~-h-~r, effective January 16, 1984, and be it further RESOLVED that all charges, dated August 23, 1983, pending against George H. Fisher are hereby withdrawn. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles,' Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Gentlemen, you have the next ones to discuss are the hearing for the change of zone and_hearing on the scenic easement that we held tonight. Are we readyto act upon them? (Brecknock Associates). COUNCILMAN NICKLES: Yes. SUPERVISOR PELL: Offer it. Any discussion? COUNCILMAN TOWNSEND: Yes. SUPERVISOR PELL: Mr. Townsend. COUNCILMAN 'TOWNSEND: First of all 1 thinkthe two should be acted on at the same time because they obviously affect the two different applications, and if you grant one without granting the other in either instance it's going to be difficult---it's going to make---you have the old plan that the applicant presented back in 19---or the old plan he had permission for back in 1972 unworkable, so obviously we have to deal with both of them at the same time. SUPERVISOR PELL: The change of zone and the scenic easement. COUNCILMAN TOWNSEND: And ] think we should postpone dealing with the change of zone primarily because the question of density allowable under the old plan, i.e. 300 and--I think it was 385 units in the "M" zone and an additional 35 in the "A-R" zone has not been sufficiently addressed. We would not be considering this--at least I don't think most of the Board would be considering this if we didn't--if it wasn't that we were being offered via covenant a net DECEMBER 20~ 1983 reduction of some 70 units in density. I've not been shown to my satisfaction that the applicant could put 385 units on that other piece of property. The fact that Henry Raynor basically rejected the old--accordinq to his minutes anyway--basically rejected the old application, which in spi~e of the applicant coming in with anew application, indicates to me that there is a strong possibility that 385 units would not have fit on the old plan. I did hope to get some distinct specific legal interpi~etation of lot coverage and questions that we have in our-- that occurred to me as I read the zoning that's applicable to an "M-l" zone. I know,-for instance, that according to the "M-I" zone lot requirements, only 25% lot coverage is allowed. If they PUt, in any configuration~ if they put the units and the roads on the existing "M-I" that they are allowed to build on r it would come to considerably more than. 25%--more in the l~ine of 50% to 60%. Now, that may be a moot point. If you're allowed to consider the whole scenic easement as lot coverage, that would be a moot point, but the fact remains that I.don't think the site development of the existing plan was analyzed sufficiently to know what number of units would be allowed on that land and while I do think the new proposal has some Yery strong qualities and is an ,improvement aesthetically over the old one, I think when we're dealing m terms of density we should have analyzed how many un.ts could have been on that--more carefully how many units could have been put on the old "M" zone, the old 19.2 acres or whatever it was--or 25 I guess it was, acres of "M" zone. I think the ~,hole thing was 35 acres and then there was 25 they could build on and 19 they couldn't, something like that. So that's my point. I feel that we should ~nave anaylzed how many units should be on there and that's some- thing I haven't gotten a:§ood answer from yet. SUPERVISOR PELL: Any other discussion? COUNCILMAN MURPHY: Bill, ! had also thought Henry Raynor would be here either tonight or ~ would suggest, so that if you want to act on this this year, that we have him with Mr. Lark and Mr. Tasker and to find out exactly what we are doing. There seems to be a tremendous amount of confusion in it and I personally would like to see it straightened out before we do it. I would like to wait until--and have them scheduled--we could schedule them at the convenience of Mr. Lark and Bob and have it scheduled with Henry Rayor in a work session, to know exactly what had transpired before and we've got no input at all from the Planning Board and we're asked to make a decision. SUPERVISOR PELL: Any other discussion? COUNCILMAN MURDOCK: My problem involves the permissive referendum that is required, of a scenic easement. I would like to have--! would like us tO accept the scenic easement as now proposed, and if there is a permissive referendum and if the permissive referendum should fail, and the 19 acres that the Town cannot take back the covenents on the 19 acres, that that's going to be at the peril of the developers. This project has been in and out of the Planning Boards and Town Boards now for twelve years. I think that before we get finished the Town is going to expend more money than 'the developer is going to make on legal fees.. I think it's time somethin9 be finalized at one point. As I say, subject to a permissive referendum is fine, I think the people of the Town ~hould have the right to either give back that easement or retain that easement. I do think that should be at the peril of the people who own the property. I don't think the Town Board should be constantly put in a position, well, if you give me one lollipop, I'll take it, if you take away the lollipop and don't give me the flavor I want I'm going to come back and I'm going to ask for my own flavor. I'm prepared to vote on the scenic easement accepting the proposal of change for the 35 acres. I am perfectly willing to vote that we would put it to a permissive referendum if the public decides that there is a legal framework that the public would decide for themselves that they wanted a referendum. I would like the 19 acres of the existent scenic easement left to stand on its own merit so that I would like to make the one we have here before us, the proposed resolution and I would like to change that around in that I don't want to make this whole process subject to approval of the Town giving back the 19 acres. I prefer to make that 19 acres at the peril to the developer. SUPERVISOR PELL': Thank you. Anybody care to offer a resolution at th~s time? 10. Moved by Councilman Murdock,--- WHEREAS, Brecknock Associates, by petition dated June 3, 1983, applied to the Town Board of the Town of Southold for a change of zone on certain property situated at Greenport, New York, from "A" Residential and' Agricultural District to "M" Light Multiple Residence District, and WHEREAS, said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendations and report,md WHEREAS; the Town Board, pursuant to due notice, held a public hearing thereon on the 9th day of November, 1983, at 8:00 P.M., at which time all interested DECEMBER 20~ 1983 persons were given an opportunity to be heard, now, therefore, be Et RESOLVED that Brecknock Associates be G~anted a change of zone from ~'A~ Residential and Agricultural~ District to -~T-.~.Light Multiple Residence District on property situated at Greenport, Town of Southold, New York, and more particularly bounded and described as follows: andthe compi~ete description. And the other part being--I don't have a description of the 35 acres for the--is it in that one application? TOWN CLERK TERRY: Are you talking about the scenic easement? COUNCILMAN MURDOCK: Yes. There is a clause in the scenic easement that, ~n ~this legal description that also it talks again about the scenic easement being void if the 19 acres does not sustain in a public referendum. TOWN ATTORNEY TASKER: I think that what you w~nt to do in your- resolution is accept the scenic easement, but you want to strike paragraph number 1, 'which deletes the existing scenic easement--that's on page 2 of the proposed scenic easement, and you also want to strike paragraph 9, which makes it subject to a permissive referendum, and that's on page 5 of the proposed scenic easement.- .... ! would suggest that where a proposed agreement of the property owner has been submitted to this Board you are now changing'~it'.~ithout his consent and presuming to adopt it, and I think that that's a little presumptuous. COUNCILMAN MURDOCK: it may presumptuous, but ! feel that at some point we have to start drawing the line and stop dealing through six or seven other~ boards, attorneys back and forth, I would just as soon bring the whole matter to an end and certainly if the rest of the Board feels that they'd rather wait I would just as soon wait, but I feel that we would satisfactorily resolve it if we put the peril on them. I think they would also have the opportunity--if we make this effective the first of January 1984 and give them the opportunity to withdraw their petition and go back to square one, but this way we're iust delaying everything and not accomplishing anything. TOWN ATTORNEY TASKER: What you're doing, as I understand it~ you're proposing a resolution to change the zone of this property as proposed. That's number one. Secondly, what you're doing is taking the scenic easement which is offered and unilaterally changing it. That voids the scenic easement~ and therefore you're changing the zone, cancelling the scenic easement and i don't think that's in the Town's interest. COUNCILMAN MURDOCK: We're not cancelling the scenic easement. TOWN ATTORNEY TASKER: You are because you're changing it without his consent. SuPERvIsOR PELL: Councilman Nickles. COUNCILMAN NICKLES: ! think we should go along with this resolution as prepared because it's, I think, founded in good legal basis and it's not going to leave some loose ends. Overall I favor the resolution as proposed and I would be willing to offer it, if you like. SUPERVISOR PELL: Councilman Murdock, you have started to offer it and you stopped near the end, do you care to continue or withdraw? COUNCILMAN MURDOCK: I'll withdraw and let John propose it~and see how th at goes. 10. Moved by Councilman .Nick~es~ seconded by Supervisor Pell, WHEREAS, Brecknock Associates., b~. petition dated June 3, 1983 applied to the Town Board of the-Town, of. Southold for a. change ot~ zone on certain property situated at'Greenport, New York, from "A"~ Residential and Agri- cultural District to "M" Light Multiple Residence District, and WHEREAS, said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendations and report, and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 9th day of November, 1983, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard, now, therefore be it ............................... RESOLVED that Brecknock Associates'be Granted a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District on property situated at Greenport, Town of Southold, New York, and more particularly-bounded and described as follows: Beginning at a point located on the southeasterly portion of the premises being described herein, which point is ~he northeasterly corner of land of Schofield and Mclntosh, and is the following two courses and distances from a monument located-on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and Mclntosh, South 65° 47' DECEMBER 20, 1983 10: West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) SoUth 66° 36' 40" Wes~,~ 765.20 feet to land of Jem Realty Corp.;. rdnn~ng~ thence along said l~3st mentioned land the following four courses and distances: ~lLNorth 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' '20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) North 41° 51'. 15" East 322.22 feet; thence (7) North 31° 15' 06" East 83.73 feet; thence through land of Brecknock Associates the following nine courses and distances: (1) South 30° 10' 40" West 600.00 feet; (2) South 37° 54' 10" West 465.41 feet; (3) South 65° 25' 30" West 278.65 feet; (4) North 4° 08' 10" East 59.64 feet; (5) North 89° 02' 00" West 280.43 feet; (6) South 4° 08' 10" West 380.00 feet; (7) South 85° 51' 50" East 280.00 feet; (8) South 24° 34' 30" Est 1t310.00 feet; (9) South 10° 30' 50" Est 269.45 feet to the point o~ place of beginning. Containing 74.53 acres. AND BE IT FURTHER RESOLVED that this change of zone is subject to the takin~l effect of a resolution adopted by the Town Board of the Town of Southold, subject to a permissive referendum which resolution authorizes the execution of a certain Amended Grant of Scenic Easement from Brecknock Associates to the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murdock, Councilman Nickles, Supervisor Pell. No: Councilman Townsend. Abstain: Councilman Murphy (! have done quite a bit of work with Mr. Schad, and also presently we're working for the outfit that developed his plan, and I don't really think I should. Again I would like to emphasize, ! think it's a shambles on the owner of the property and the people of the Town. I don't think we know about this, it's a mixed up proposal and I think we're going to suffer. ) This resolution was declared duly ADOPTED. 11. Moved by Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby approves the modification of the Grant of Scenic Easement by Gus Schad to the Town of Southold, dated July 15, 1971 and recorded in the Suffolk County Clerk's Off~ce on December 13, 1971 in Liber 7066, page 386, which is to be terminated and cancelled by the following Amended Grant of Scenic Easement between Brecknock Associates and the Town of Southold, subject, however, to a permissive referendum authorizing the execution of this Amended Grant of Scenic Easement by the Town of Southold. This Amended Grant of Scenic Easement between Brecknock Associates and the Town of Southold is on all those certain plots, pieces and parcels of land, situate lying and being near Greenport, Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: PARCEL I. Beginning at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of Schofield and Mclntosh, and is the following two courses and dis- tances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31j 10" West 210.00 feet; and (2) North I9° 16' 00" West 344.00 feet; running thence from said point of beginning along ]and of Schofield and Mclntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances:r (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following three courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 290.00 feet; running thence through land of Brecknock Associates the following six courses and distances: (1) North 57° 16' 01" East 652.01 feet; (2) North 2° 50' 30" East 411.75 feet; (3) North 82° 04' 52" East 267.15 feet; (4) South 10° 34' 40" East 472.04 feet; (5) North 88° 32' 59" East 360.75 feet; (6) South 23° 51' 43" East 1,123.11 feet to the northerly side of North Road (State Route 25); running thence along the northerly side of North Road South 66° 01' 20" West 252.76 feet to land of Scho~eld and Mclntosh; running thence along said last mentioned land the following two courses and distances: (1) North 11° 31' 10" West 210.00 feet; thence (2) North 19° 16' 00" West 344.00 feet to the point or place of beginning. Containing 31.8212 acres. PARCEL II. Beginning at a point located at the northwesterly corner of the premises being described herein, which point is distant the following seven courses and distances from the point on the northerly side of North Road (State Route 25) where the southeasterly corner of land of Jem Realty Corp. joins the southwesterly corner of land of Brecknock Associates: (1) North 41° 39' 10" West 1,084.54 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet; (5) North 44° 12j 35" East 564.01 feet; (6) North 25° 16' 36" East 398.13 feet; (7) North 58° 57' 15" East 471.09 feet; running thence from said point of beginning along the ordinary high water mark of Long Island Sound the following two courses and distances: (1) North 58° 57' 15" East 130.00 DECEMBER 20, 1983 405- feet; thenc~ (2) North 42° 36' 45" East 169.85 feet to land of Brecknock Associates, running thence through said last mentioned land the following eight courses and distances: (1) South 29° 32' 27" East 250.54 feet; (2) South 3° 43' 35" West 234.96 feet; (3) South 35° 57' 18" East 163.60 feet; (4) South 3° 13' 04" West 277.09 feet; (5) South 57° 49' 51" West 255.05 feet; (6) North 31° 02' 45" West 300,00 feet; (7) North 5° 13' 27" East 382.02 feet; thence (8) North 38° 52' 02" West 183.71 feet to the point or place of beginning. Containing 6. 1046 acres. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murdock, Councilman Nickles, Supervisor Pell. Abstain: Councilman Murphy. This resolution was declared duly ADOPTED. SUPERVISOR PELL: Gentlemen, anything else you want to bring up at this time ? COUNCILMAN NICKLES: Yes, I would like to make one' comment. I'd like to comment on the two resolutions that were iust passed. We sat and listened to the people of Sour.hold Town tonight and we heard what you had to say and this has been a long time in coming. Henry Raynor of our Planning Board approached Town Board members well over a year ago and asked us, "if I can reduce the density on this parcel of property, do you want me to move forward?" I for one Councilman said, "Yes, anytime you can reduce the density i'm in favor of that." He entered into negotiations with Brecknock Associates, who I believe was in the person of Gus Schad, and that was a long and lengthy process. Subsequent to that, when it came to the Town Board level this zoning application was referred out to the Suffolk County Planning Department or Commission, it came back with, I believe, notice of local determination. Our Town Planning Board, ! should say, approves it. There is a letter in the file, I think people address the water situation, where in June, I think, Mrs. Monsell wrote the Planning Board and said that they had the wherewithall in terms of water and sewage treatment facilities to handle this project. I feel that once you enter into a negotiation, and the Planning Board is an arm of the Town government, and certainly the Town Board is part of that, and they had the tacit approval of this Board, and ! think it's been going on for some time and we've gone through the entire SEQR process on this matter, and I think it's time we vote on it and not change the game rules after you've been negotiating for almost two years. I think Mr. Raynor did an excellent job in coming up with a plan that's well designed and I think will be an asset to the Town. I'm not going to address each issue raised tonight, because some of them did not relate to the scenic easement question. But if you look at the overall density it's 2.65 units per acre. If you examine it just--and that's on the 132 acres. if you examine it on the 98 acres it's maybe 3½ to 3.6 units per acre. I think from what I know about what the Master Planner's recommending, he's talking about four units per acre. So there is, I think, a substantial reduction. Those people who have question about the density, how it was arrived at for 385 condominium units and 70 residential single family units, I think had ample time to speak to Mr. Raynor or to whoever to have their questions satisfied. But it's always been my understanding that there are 385 condo units alilowed on this project in 1971 and at that time 70 sinqle family units. So Mr. Ravnor. when he embarked on this, wasn't even talking about two acre zoning, he was talking about one acre zoning. So there was, when Mr. Raynor asked the Town Board if he could come up with something with negotiation with these people, he was looking at 70 plus 385. That's a substantial reduction. Of course, along the way we changed the zoning on the single family. That's about all ! have to say, Bill. SUPERVISOR PELL: Anybody else wish to say anything? Councilman Townsend. COUNCILMAN TOWNSEND: It's pointless to debate this after it's been done, but there were a couple of statements that you made. First of all, the Master Planner is recommending this as a four unit per acre area, that's true, but they're also recommending that in order to develope that four units people buy the density from farmland elsewhere. Number two, Henry Raynor obviously did not consider, and I know there was some dissention on the Planning Board regarding this, did not consider any application to determine how many, that he approved of, regarding the old 'M" zone. I read his notes and I realized that he said he rejected it out of hand for various reasons. It's something that--Pm not saying it's a bad plan, I think it's a good plan, but I think that the Town Board has an obligation to review these changes of zone and to make changes that any recommendation of another board does, that's what we're here for. If the Planning Board can approve the change of zone then they could do it without our approval. We are the ones that make the change of zone, therefore we have a decision to make and that's not supposed to be just a rubber stamp of any planning board. One question that was never addressed, which I did not have time to discuss because we didn't have our usual executive session, was under the old plan wherein we were assuming he was going to put 6.7 units per acre, one of the requisites was he had to have municipal water and sewer. As far as I know, that's not a requisite of the new one and now he 406 - DECEMBER 20, 1983 does have the permission to put 2.---now he only has 2.6 units per acre, he doesn't have to deal with municipal water and sewer, it's not part of the zoning anymore. Granted, it probably will be delt with on a site plan. And we haven't even got a covenant, as far as I know. Is there a covenant written. If the applicant gets run over and someone else gets the property, is it possible that he can avoide a covenant such as we've been discussing? These questions I didn't have a chance to ask and I think that we acted a little bit precipitiously. SUPERVISOR PELL: Any other statements? If not, I move we adjourn. Moved by Supervisor Pell, seconded by Councilman Murphy ...... MRS. JEAN TIEDKE: Mr. Pell, I'd like to ask for information about tomorrow night and the next nights meetings on the Town Plan. Is there going to be anything distributed to the public to look at? Any summary of the Town Plan or anything? SUPERVISOR PELL: That, Jean, ! don't know the answer to that. If you call tomorrow morning I will know. I'll get ahold of Henry Rayor who's overseeing this tomorrow morning. MRS. TIEDKE: I think it's very unfortunate those meetings were called for four days before Christmas and with practically no publicity whatsoever. If people don't turn out, you can't then say, "Oh, nobody's interested." SUPERVISOR PELL: Call tomorrow morning and I'II see if there's any publication. COUNCILMAN NICKLES: I agree with you, Jean, but it seemed that the Planning Board was under some pressure, which I don't know where it came from, to have something from RPP&W by the end of the year. MRS. TIEDKE: The Planning Board said the Town Board. MRS. RUTH OLIVA: Henry Raynor said that the Town Board told him that he should have an informational hearing before the end of the year and I think it's a complete waste of time. COUNCILMAN NICKLES: When I last looked I was still on the Town Board, although somebody just said ten days, I don't recall putting that kind of pressure on him. MRS. TIEDKE: Suppose there's a blizzard, will there be news on the radio to cancel it? COUNCILMAN NICKLES: Just like school. Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that this Town Board meeting be adjourned at 9:04 P.M. Vote of the Town Board: Ayes: Justic~ Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. ~ith T. Terry~ . Southold Town Clerk