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