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HomeMy WebLinkAboutPB-08/10/1987Southold, N.Y. 11971 (516) 765-1938 Planning Bo~d~in~tes August 10, 1987 The Southold Town Planning Board held a regular meeting on Monday, August 10, 1987 at 7:30 p.m. at the Southold Town Hatt%~J~Main Road, Southold, NY 11971. Present were: Chairman Bennett Orlowski, Jr. Member William3~'~. Mullen, Jr. Member G. Rithcie Latham, Jr. Member Richard G. Ward ·own Planner Valerie Scopaz Executive Administrator Vic~or~,Lessard Planning Consultant David Emilita Planning Board S~cretary Diane M. Schultze Absent-Kenneth G. Edwards, Member 7:30 p.m. Publi~c hearing on th~ Draft envirionmental Impact Statement submitt~ for the affordable housing project proposal and town house proposal located at Moores's Lane and County Route 48, Greenport, to be know~as "Cedarfields" and ~oorestand" respectively. 1000-~0-5~~ Mr. Orlowski: Good evening I would like to call this meeting to order. The firsttorder of bus~ness is a public hearing on the Draft Environmental Impact S~atement submitted for affordable housing proposal and. town house ~ocated at Moore~ Lane and County Route 48, Greenport to be known as "Cedarfields and Mooresland" respectively. Second, after this we will close this hearing and open another public hearing on the question of approval of the preliminary m~ps for the major subdivision~as noted above. I would just like to tell you that this first hearing is on the environmental impact statement for the total project, it will be comments from anybody that wants to comment and it is on the total project and that will be on questions. The second ~ne will be on the preliminary map for Cedarfields subdivision itself. So, opening the environmental hearing; I will ask if there are any qestions or comments. Not questions, comments on the Draft Environmental I~pact Statement submitted by the Cedarfields' affordable housing project and Mooresland Town house project. ~none) It is going to be that easy. Hearing none. Any questions from the Board, Mr. Mullen, none~ Mr. Latham, none; Mr. Ward; none. Mr. E~ilita? Plan~ing Board Page 2 8/10/87 Mr. Emitita: Yes, I wou~d like to enter in to the pub~id record on this.hearing on the DEIS that in accord with our memo to the Board on May 21 and subsequent letter on July 8 and rssponse by Peconic Associates on AuguSt 7, there is still no calculated evidence that the well will work and I would like the record to so state that the subject is still no sufficiently treated for the purpgses of SEQRA. We have not taken a hard look as to whyth~is well will work. And, I will defer other comments at the moment, this is the major ~oncern. Mr. Orlowski: Okay, Ms. Scopaz, do you have any comments. Ms. Scopaz: No, I think Mr. Emilita addressed the main concern. M~. Orlc~ski: Okay, any O~her comments? Mr. John Costello: My name is John Costello and I am one of the indiuiduals involved with the project. I would tike to make a comment on Mr. Emilita's comment on the well. No one is going to guarantee any one;s well in anybody's house that pre-exist~ now is going to work. The only kind of proof that the well is going to work to the satisfaction of the Greenport Village and the Greenport public department and water department. W~ ran the test, we ran several tests for that department and had it tested by the County, we pumped in excess several times, this is in a zone that has a back pp to S~tver Lane. There is a back up there. There is water there, there is another fresh water pond to the East of it, we have encountered nothing but g~od g~avel, perculation is good at that location, no ~nvironmental · mpact statement of DE~$ is going to 100% address every~?~inor item. I doubt ~hat anybody but Christ could come pp with~an impact statement and cover~all with the items that wou~d appease everyone. We have a coDp~e of important things that are in the DEIS. Southold has a lot of resources that they have to protect, they have to protect their water, Mr. Emilita is right on that fact. They h~ve to protect their open space, they've got to protect their sand, their gravel, their ~opsoil, their businesses but the most ~mportant resource Southold has been neglecting is these young people and I hbp~t~hat hasemore power to th eBoard to make their decision. They have been neglected, other ones have besni~vestigated on everyones DEIS and I hope ~ou take it into consideration. Thank you. Mr. Orlowski: ~kay, any other comments? Hearing none, I will declare this hearing closed and move onto public hearing on the questin of approval of the minor subdivision as no~ed above, C~darfields. Cedarfie~ds is the affordable housing part, the part ~hi~h will be treated as a subdivision. The other part will be treated as a site plan. We how have the preliminary maps and everything is in order. We have proof of publication in both newspapers and I will ask mow if there a~e any objections to this major subdivision. Hearing none are there any endorsements of this ~a~or subdivision? Mr. Costello: I repeat. Planning Board Page 3 8/10/87 Dave McMann: My name is Dave McMann; I would like to give Mr. Costello alot of credit for what he is doing and I am endorsing the project. Thank you. Mr. Orlowski: A~y other endorsements? Mr. George Wetmore: George Wetmore, Ex Vice Chairman of Affordable Housing, Vice President Of the Chamber of Commerce, Greenport/Southold. Finally, gentlemen we are here, by God it took us tong enough, we have worked for three years on it. I~think it is a fine thing that Diane and Don came out to us. Actually the Chamber of Commerce took a position several years ago, endorsing affordable housing because we are loosing our intelligent working people so quickly. Please gentlemen go ahead with it. Mr. Orlowski: Any other endorsements? Joann Kranshaw: My name~is Joann Kransh~w and I am an applicant for the affordable housing. You are going to get rid of all your young people if you.~don~t do something. People can not afford rent around here. And, the affordable housing is the only thing left, you'll have all the older people and no one else otherwise. Mr. Orlowski: Anyone else. Robert Schoot: Robert S~hoot, Greenport, and I am also an applicant for that affordable housing and I endorse it 100%. Lorraine Hage: Lorraine Hage from Southold and I am also an applicant and I think you should stop building senior citizen communities a~d start building affordable housing. Paul Skernik: Paul Skernik,_ I am a delegate of 1199 Eastern Long Island Hospital. Not only do I personally endorse that map but in the past the hospital has had trouble maintaining a staff, as well as attracting new people. I personlly have done my own research in other states and what attracts people · n different areas, however being one case in point one of the big things is the availablity of affordable housing. Affordable housing should be not only for senior citizens , but younger people who have just run out of breath, they were holding their b~eath for affordable housing. I personally~endorse this. and would like to see us get off the stick.for commercial development and stop developing thousands of square f~et of commercial Property and start affordable housing. Mr. Orlowski: A~yone else? Lydia Wells: I am Lydia Wells. I am a g~idance counselor for the area, I am also an applicant of this project. Many years my husband and I spent in the milatary and we came back here because it and we hope to stay here, but we are not sure we can is home; ~ endorse this project. Mr. Orlwoski: A/~yons else? Planning Board Page 4 8/10/87 Mr. Orlowski: Is there any one else neither pro nor con but with information pertaining to this subdivision which may be of interest to the Board? Hearing none, questions from the Board, Mr. Mullen; none; Mr. Latham, None~ Mr. Ward, none; Mr. Emiliat, none; Ms. Scopaz, none. Being no further questions, I will declare this hearing closed and thank~ou for coming down. On a motion m~de by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board set Monday, August 24, 1987 and Monday, September 14, 19.87 at ~:30 p.m. at the Southold T~wn Hall, Main Road, Southold as the time and place for the next reqular Planninq Board meetings. Vote of the Board: Aye: O~lwoski, Mullen, Latham, Wa~d On a motion made by Mr. Mullen, seconded by Mr~Latham, it was P~ESOLVED that the Southold T~wn Planning Board approve the minutes for the regular meetinq of July 27, 1987. Vote of the Board: Ayes: O~lowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOVLED that the Southold Town Planning Board authorize the Chairman to endorse the final subdivision of Harbor View located at Mattituck. All conditions of th~.final resolution have been complied with. SCTM ~1000-115-17-17. Vote of the Board: Ayes: O~lowski, Mullen, Latham, Ward On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board authorise the Chairman to endo~s~ the final site plan map for the site plan for the constructioncof~a parking area located at Cortege Place for Mullen Motors. SCTM ~ 1000-62-3-19. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Wa~d On a motion~_~made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final survey for the m~nor subdivision of Russell and Joan Mann located at Southold, SCTM ~ 1000-69-3-6. Vote of the Board: Ayes: O~lowski, Mullen, Latham, Ward Planning Board Page 5 8/10/87 On a motion m~de by Mr. Latham, seconded by Mr. Mullen, it was RESOVLED that the Southold Town Planning Board authorize the Chairman to endorse the minor subdivision maps for ~nds Way Buildinq Corp. ; all conditions of final approval have been metCYSCTM # 1000-116-1-8 Vote of the Board: Ayes: Orl~wski, Mullen, Latham, Wards On a motiani~ade by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board accept the final inspection report from Engineering Consultants, Sidney Bowne, approving the ~-~ccess road within the minor subdivison of Vine View Associates (Breslin~ SCTM #1000-69-1-4~ VOte of the Board: Ayes: Orlowski, Mullen, Latham, Wa~d On a motion made by Mr. Latham, seconded by Mr~~ Ward, it was RESOLVED that the Southold Town Plannigg Board accept the final inspection report,~from the Engineering Consultant, Sidney Bowne, approv~nggthe access ~oad within the minor subdivision of Erank Stillo, ~ow Brokow, located at Orient, SCTM 9 1000-14-2-30. Vote of ~he Board: Ayes: Orlowski,Mullen, Latham, Ward On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planni~g~Board accept and request compliance with the mnspection report of of the Engineering Consultants, $~dney Bowne, with regard totthe drainage proposed for the site plan for The Cove located at Main Bayview Road, Southold, SCTM # 1000-87-5-~0. VOte of the Board; Ayes: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Mullen, seconded by Mr. W~rd, it was RESOB~ED that the Southold Town Planning Board accept and request compli&nce with ~h~ inspection report of the Engineering Consultants, Sidney Bowne, with regard to the ~eess road within the minor subdivision of ~illiam and Muriel Murrey/~oea~ed at Cutchogue, SCTM ~ 1000-97~1-8. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward Planning Board Page 6 8/10/87 On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOVLED that the Southold Town Planning Board accept and request compliance with the inspection report of the Engineering Consultants, Sidney Bowne, with regard to the access road within the minor subdivision©if Whitcome Investment Co. located at Orient, $CTM ~ 1000- Mr. Latham questioned the number of homes constructed in this subdivision and Mr. Lessard responded there were tw~ or three. Richmond Shores SCTM ~ 1000-86-4-4.1 and 4.29 - The Board was to give recommendation to the Town Board with regard to the specific amount of the updated bond for this major subdivision which had been approved. The Town Engineer had submitted a bond estimate for the update inrthe amount of $250,000. In his review, Mr. Raymond Jacobs, Highway Superintendent, noted that some of the items, inparticular, firew~ll, trees and seeding were low.with regard to the amount. It was the conseRsus of the Board to increase the bond estimate submitted by $50,000 for a total of $300,000 for the ~pdated bond. On a motion m~de by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board recommend to the Town Board that the updated bond estimate for the major subdivsion of Richmsnd Shores be increased to $300,000, ~nd that the applicant submit anbupdated bond, letter of credit, or passbook for~this amoun~ to the ~own Board with a differential on the inspection fee. This resolution supercedes the Board's resolution of Jum~ 1, 1987 and is as per the correspondence of Raymo~d~LL Jacobs, Highway Superintendent w~th regard to the initial updated bond estimate. ~ote Of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards On a mo~ion made by Mr. Ward, seconded by Mr. Aatham, ~he~f~llowing action was taken: WHEREAS, a formal application for the approval 6f a subdivision lat, entitled Minor subdivision of Rapadopolous and Maragos , was shbmitted to the Board on July 7, 1987 (final application) and filing fee of $125 was paid, and WHEREAS, a final public heari%g~s he~d on ~aid §~digt~ion Dnd plat at the Southold Town Hall, Main Road, Southold, New Y~kk on July 27, 1987 and, WHEREAS, the requirements of the Subdivision Regulation sof the Town of Southold hage been met by siad subdivision plat and application, Planning Board Page 7 8/10/87 NOW, THEREFORE, BE IT RESQLVED, that the appilcation of Papdoplolous and Maragos for approval qf said subdivis~e~re-~-~- Rod Van Tuy! and dated.'Ju~e~.17~tR87~b~.~approved subject tothe following conditions, to ge completed within six (6) months from the date of this resolution: SCTM ~ 1000-59-3-17. 1. Placement of Fire~Dist~ict. 2. Covenants and of Lot No 3 to_be filed akcertified copy of same 3. Payment of $1 lieu of land for park and 4. Drainage as pc Nolo560. ire wells, if required by the Southold restrictions stating no further subdivison . the office of the County Clerk with .o the Officeof ~he Planning Board. ,750 to the Town Clerk as payment in playground. r Inspector John W. Davis in his report.'~ Vote of ths Board: Ayes: ~rlowski, Mullen, Latham, Ward On a motion made by Mr. M llen, seconded by Mr. Latham,' ~he,~following action was taken: WHEREAS, a formal applica~ plat, entitled Richard C. the Planning Board on Jam was paid, and, WHEREAS, a final public h~ plat at the Southold Town at July 27, 1987 at 7:45 ion for?~he approval of a subdivision and Anita C. Wilton was submitted to [ary 16, 1986 and filing fee of $350 ~aring was held on said subdivison and Hall, Main Road, Southold, New York ~.m., and, WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have bee~ m~t by said subdivision~plat and application, NOW, THEREFORE, BE IT RESOLVED, that the application of Richard C. and Anita C. Wilton for approval of said subdivsion plat prepared by Howard ~oung, dated as last amended April 22, 1987 be approved. SCTM 9 1000-40-3-6. Vote of the Board: Aye: Orlowski, Mullen, Latham, Ward On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southol~ Town P~nning Board set Monday, August 24, 1987 at 7:$0 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a!.public hearing on the question of Planning Board page 8 8/10/87 approval of the minor subdivision of Helen and Stanley Simchick located at Cutchogue, SCTM ~ 1000-101-1-19. VOte of the Board: Aye: MUllen, Latham, Ward Abstained: Orlowski (relative) On a motion made by Mr. Ward, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board set Monday, August 24, 1987 at 7:45 p.m.at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the~question of approval of the minor subdivision of David Wilmerding located at Fishers Island, SCTM ~ 1000-9-9-2 and 3. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Wa~d Francis-~<.~Adams ~.-SCT~4 ~ 1000-3~3~3- Mr. Thomas McVann, Esq. was present as the attorney for the applicant. It was noted that Mr. Ken Edward~ Boardmember, was~, abstaining from any action or discussion with regard to this as a member of his family was involved in litigation with the applicant~which is no longer pending. Mr. Orlowski read into th~ minutes a memorandum issued by~the Exective Administrator of the Building Department, Victor Lessard, to wit: "In researching this project, I find the following conditions and have stoppe~d the activity until s-~ch time as these conditions are resolved %o the satisfaction Of the town. 1) Application was submitted under the presumption that the pending subdivision would be approved. 2) Property has been cleared to the bluff with possible violations. 3) ~here is only one permit (now stopped) with future proposal for a swimming pool; tennis court ahd a dwelling on the vacant lot that is adjacent. Steps Required: 1) Both Southold Town trustees and Zoning Board of Appeals will have~ inspect property ~o see if any violations under Sections 100-119.2 and 97-13 have been committed. 2) The Planning Board should continue addressing the revised subdivision as applied for; but the present condition should be no bearing on the Planning Board's decision. 3) Should the Planning Board decide to leave the subdivision in it's present form, then the resulting conditions will have to be addressed. (a) If building, presently started, is not removed and put in it's property set-backs; then the present approved subdivision will revert to a two lot instead of a three lot minor. Any future activity, as presently proposed as future, will have to be re-evalutated." Mr. McVann stated that when the application was made for a building permit, which was granted, the lot line Shown on the subdivision was clearly delinated and he did not believe that ~here was any mis understanding. Mr. Orlowski staetd that the misunderstanding was that the maps submitted for a buiding permit did not have any approval. Mr. McVann stated that the Suffolk County Health Department had approved the map which submitted to them with th~ lot line as proposed, and that no one represented that the lot line was not proposed to any agency. Mr. McVann submited the map for the lot line change to all the agencies involved to try to coordinate all approvals. Planning Board Page 9 8/10/87 Adams, cont. Mr. McVann stated that the lot line proposed was as FIDCO wan~ed it. Mr. McVann a~o staed that the lot conformed to the two-acre zoning. Mr. McVann stated that he had a letter from Fishars Island Development Corp., which was in agreement with the lot line change proposed. Mr. O~lowski stated that Mr. Edwards had received a leter from Fishers Island Development Corp., (FIDCO) which he read to the secretary. Mr. Or~wski read this letter into the minutes as follows:" I Would~tike to state what Fishers Island Development Cor., (FIDCO~ believes with regard to re-dra~i~g the lines of the B'brien property on Fishers Island. FIDCO believes that the Olmstead Plan should be the defining document for the East End of Fishers Island and has been working with the Townspeople and the County toward this end. FIDCO further believes that any changes to the Olmstead Plan should conform tothe three acre zoning in the~proposed Southold Town Master Plan or should be such that the number of potential building lots is reduced. My understanding is that neither of these are accamplished by the proposed change, therefore, regardless of Mr. O'brien's lawyers statement to~ths contrary, FIDCO does not favor this change for it will result in creating an undersized lot. Sincerely, William C. Ridgeway, President." Mr. McVann submitted the letter which he received from Richard Baker stating that FIDCO was in favor of this. Mr. McVann stated that he would copy this letter and submit i~ for the record and he requested a copyuof the recent correspondence from FIDCO read earlier. Mr. Mullen stated that because of the discrepancy he wo~ld like to check this situation out with FIDCO. Mr. McVann stated that the intent of the Olmstead Plan will be accomplished with three houses on six acres and that three acre zoning was not the law. Mr. Orlowski stated that the Board granted a previous lot line cha~ge in December 1986 ~nd for tax purposes scheduled this action prior to 1987. Mr. McVann stated that that lot line change was for the seller of the property to cta~f~ three homesites~,as was~noted on the Olmstead Plan. This recent submission was for Mr. O'Brien who purchased the property. Mr. Lessard st~ted~ithat the Buit~i~g Permit was appiled for with the~though ~hat the lot line change pending would be approved. If this is not approved, however, because the ~ouse is to be located straddling ani~existing lot line then the lots w~tl merge and be considered one. Mr. Orlowski stated that the.-~Board will meet with~he Town Attorney with regard to this proposal. Mr. Mullen athos,,requested a copy of the correspondence received by Mr. McVann from the FIDCO representative and he wanted to investigate this further with FIDCO. Mr. McVann expressed concern with r~gard to the stop work order and his clients e~penses. Mr. McVann stated that his client hopes ~o complete the house which was under construction b~.~the winter, and if there~ws~e any damages with regard to this stop work order he felt his client would seek ~eimbursement from the Town. The Planning Board that any violations with regard to the construction should be considered by the Building Department. They advised Mr. McVann to conta~tLMr. Lessard. Mr. Ward suggested that Mr. McVann revise the bui~dig permit to be for both lots whi~h~the house was on, thi~way~.'~e lots would merge and the &pp~i~ant would have to come back to~the Planning Board torte-separate them. Planning Board pag~ 10 8/10/87 Francis Adams, cont. M~. Lessard stated that there~..~were still problems with regard to the~distubbance within the area~!of the bluff. ~/~r. McVann stated that Chuck Hamilton of the DEC was in the area and made an inspection and h~ also presented a release from the Town Trustees. Mr. McV..ann stated that Mr. Hamilton was~ on Fishers Island with Steve Wal~sh, the archztect, and they tze~ ~lbbons around the trees which would be torn do~n and it ~asi all reviewed. The Planning Board stated that the Trustees correspondence with regard to~ the placement of the ~ouse in rela~io~ of the bluff was not of con~e~n to them, but rather the building department. MR. McVann questioned getting the building permi~t squared away and Mr. Lessard sta~d that he would only consider ~his after all the violations have been squared~away. It was the~ consensus of the Board to discuss the matter with the Town A~tcrney and scheduled this matter on the next available agenda. On a~motion made by Mr. Latham, seconded by Mr. Mullen, it was RESO~LED that the Southold Town Pla~nning Board grant a 90-day extension one,the filing of the fina~l maps for the major subdivision of ~Chsrles Acres located at Peoonic, SCTM ~ 1000-86-1-10.7, pursuant to the ~equeSt of the applicant so that A~icle 6 approval may be obtained ~rom th~ Suffolk County ~epartment of Health Servzces. Vote~of the Board: Ayes: Orlc~sk~, Mullen, Latham, Ward ON a motion mads by Mr. Latham, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board declare themselves lead!agency under the S~ate Environmental Quality R~view Act for this mior s~b~ivision of Plum Gut Properties located at East Marion, SCTM # 1000'18-3-9.1. ~ote of the Board: Aygs: Orlowski~Mullen, Latham, Ward On a motion made by Mr. Ward, seconded by M~.. Latham, it was RESOLVED that the Southold Town Planning Board approve the site plan for T~wiD and Sondra Thompson ('Thompson's Emporium) located at Main Road, Southold, SCTM ~ 1000-63-1-8; for construction of a retail sales building. This plan has been certifed, siteplan dated as amended: July 29, 1987. Vote of the Board: Ayes: Ortowski, Mullen, Latham, Ward Planning Board Page 11 8/10~87 On a motion made by Mr. Ward, seconded by Mr. Latham, the following action was taken: WHEREAS this Board adopted a resolution on the 6th day of July 1987 relating to the fihal site plan of "Breakers at Lands~E~d'' and WHEREAS the owner of the premises in conformity withthe aforementioned resolution is desirious of entering in to an agreement witht he Board confirming the prvision of the resolution and to signify the owners acceptance of the terms of the resolution, now, THEREFORE, IT IS HEREBY RESOLVED that the Chairman of the Planning Board is hereby authorized to sign the fihal site plan of "Breakers at Lands End" and to execute the agreement between Greenport Development Corp. and this Board relating to the July 6 resolution of this Board, and be it further RESOLVED that a signed copy of this agreement be filed with the minutes of this Board as well as being filed in the "Breakers at Lands End" Planning Board file~ SCTM ~ 1000-35-1-25~ Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward The following is the agreement between-_the Greenport DSvelopment Corp.and the Planning Board with was executed at this meeting. The final site plans were also endorsed by the Chairman at this meeting following the ab-~ve resolution. THIS AGREEMENT made the //O day of~August, 1987, between GREENPORT DEVELOPMENT CO., a New York partnership, having its principal office at 53 Glen Cove Road, Greenvale, New York 11548 ii(hereinafter referred to as "OWNER"), and the PLANNING BOARD F THE TOWN OF SOUTHOLD, with office at 53095 Main Road, ~.Southold, New York 11971 (hereinafter referred to as the i~ WHEREAS, the OWNER, is a partnership consisting of Bruce ~Wolowitz and Goldie Wolowitz, as successors in interest to GREENPORT DEVELOPMENT CORP., and as such have title to. a certain !parcel of land lying and being at Gre~nport, in the Town of Southold, County of Suffolk and_State of New York, by virtue of a deed dated December 31, 1986 and which is recorded in the Suffolk County Clerk's Office on January 28, 1987 in Liber 10231, page 438, and is more fully d~scribed on the attache~ Schedule A; and WHEREAS, the PLAN~ING BOARD at a regular meeting on Septem- '~ ~lanning Board Page 12 8/10/87 ber 15, 1986, approved the site plan for "The Breakers at Lands End" located at New York State Route 25, Greenport, New York, for construction of 350 condominium units and amenities as indicated on the site plan dated December 2, 1985 (Sheets 1-25) by Steven Hyman, Consulting Engineer, subject to the following conditions: and Condition 91 Covenants and restrictions filed with the of- fice of the County Clerk that the roads within this develop- ment will remain private and will not be offered for dedica- tion and will not be under the jurisdiction of the Southold- Town Highway Department. Condition ~2 Posting and acceptance by the Town Board of a performance bond in the approved amount of ~10"0,000'.00 for bluff.plantings for the Long Island Sound bluff stabilization and erosion control on the site. - Condition ~3 Receipt of an insurance policy naming the Town as an additional insured with regard to the unfenced ponds. Condition 94 A one-year review by the Planning Board and inspection prior to the issuance of a certificate of occu- pancy. WHEREAS, the OWNER has complied with: Condition 91, by recording a Declaration of Covenants and Restrictions in the Suffolk County Clerk's Office on February 11, 1987 in Liber 10247, page 250, and delivering a certified copy to the PLANNING BOARD on February 11, 1987. Condition 92, by delivering to the PLANNING BOARD on February 11, 1987, Performance Bond No. NR17688 issued by The North River Insurance Company in the amount of $100,000.00, which was accepted by the PLANNING BOARD at a regular meeting on March 30, 1987, and referred to the Southold Town Board, which Performance Bond was accepted by the Southold Town Board by Resolution at a regular meet~ng on April 7, 1987. Condition ~3, by deliverin~ to the PLANNING BOARD on ~February 11, 1987, a Certificate of Insurance issued Febru- ary 4, 1987, by General Accident Insurance Company naming the Town of Southold as additional insured as respects pro- ject at Route ~25, Greenport, Southotd, New York (unfenced ponds). and WHEREAS, 'the parties desire to facilitate the administration of Condition ~4' in that the development of the sire'plan for the 350 condominium units and amenities will take longer than one year to complete. NOW, THEREFORE, the parties hereto agree as follows: 1. The OWNER agrees, and in all respects consents-to cooper- ate with the Scheduling and completion of on-site inspections'and. .engineering reviews of the work as it progresses on the site plan and condominium projec~ 2. The OWNER agrees to reimburse the PLANNING BOARD for the expenses it incurs in obtaining the on-site inspections and engi- neering reviews by Engineers or Consultants employed by the PLAN- NING BOARD for this purpose, up to but not to exceed a cost of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS, of which FIVE THOU- SAND ($5,000.00) DOLLARS was previously paid to the PLANNING i BOARD on August 5, 1986, the receipt of which is acknowledged. The OWNER agrees to make such payments to the PLANNING BOARD ~within thirty (30) days after receipt of a copy of a voucher authorizing payment by the PLANNING BOARD. 3. This agreement shall be binding upon the undersigned, its successors and assigns. [~Bruce Wolowitz ~ar~ PLANNING BO.ARD, TOWN OF~OUT~LD v - Benne~ft ~rlowski, Jr ./L Chairman / Planning~Board Page 14 8/10/87 STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On the 10th day of August , 1987, before me personally came BRUCE WOLOWITZ, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is a member of the firm of GREENPORT DEVELOPMENT CO., a co-partnership, and that he executed the foregoing -instrument in the firm name of GREENPORT DEVELOPMENT CO., and he had authority to sign the same, and he acknowledged t-o me that he execumed the same as the act and deed of said firm for~ the uses and~purposes therein mentioned STATE OF NEW YORK: : ss.: COUNTY OF SUFFOLK: BENNEO~Ttoh~/oCKiday of~__~,__, 1987, before me personally came , JR., to me known, who, being by me duly sworn, did depose and say that he resides at Stillwater Avenue, Cutchogue, New York; that he is the Chairman of the PLANNING BOARD OF THE TOWN OF SOUTHOLD, which is described in and which executed the foregoing instrument; that he knows the seal of said PLANNING BOARD; that the seal so affixed to said instrument is such seal; that it was so affixed by order of the PLANNING BOARD, and that he signed his name thereto by like .der .~-~ ~4q et ary P ub~i6 NOT~,¥ PUB/JO ~ate el ~,~.~, Yar~ Planning Board Page 15 8/10/87 SCBEDULE A · ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Greenport, Town of South.id, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a granite monument set on the northerly side of the North Road at the southwesterly corner of the'land now or formerly of H. Dwight Ripley, being the southeasterly corner of the premises herein described; running thence along said northerly side of North Road, South 66° 01' 20" West 634.76 feet to land now or formerly of Schofield and McIntosh; thence along said land now or formerly of Schofield and McIntosh, four courses and distances:, (1) North 11" 31' 10" West 210.00 feet; thence (2) North 19° 16' 00" West 344.00 feet; thence (3) South 65" 47' 10" West 213.37 feet; thence (4) South 19° 16' 00" East 550.14 feet to said northerly side of North Road; thence along said northerly side of North Road two courses and distances: (1) South 65° 23'-50" West 285.49 feet; thence (2) South 66" 36' 40" West 589.52 feet to land now or formerly of Time Structures Inc.; ~hence along said land now or. formerly of Time Structures, Inc. four courses and distances: (1) North 41" 39''10" West 1084.54 feet; thence (2) North 65" 07' 50" East 376.40 feet; thence (3) North 32" 28' 10" West 982.87 feet; thence (4) North 32" 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as-follows: (1) 'North 44" 12' 40" East 564 feet; (2) North 25° 16' 40" East 398.12 feet; thence (3) North 58° 57' ~20" East 601.09 feet; thence (4) North 42" 36' 50" East 169.85 feet; thence (5) North 57" 59' 40"East 188.68 feet; thence (6) North 41" 51' 20" East 322.22 feet; thence (7) North 31° 15' 10" East 483.72 feet to land now or formerly of F.F. King, Jr.; running thence along said land now or formerly of F.F. K~ng, Jr., the following 14 courses and distances: (1) South 30° 10' 40" East 910 feet;, thence (2) South 31° 03' 40" East 300.01 feet; thence (3) South 28° 19' 30" East 89.61 feet; thence (4) South 13° 46' 30" East 33.68 feet; thence (5) South 27° 56' 50" West 65.47 feet; thence (6) South 0° 19' 40" East 179.94 feet; thence {7) South 10 34' 00" East 300.20 feet; thence (8) South 3°' 40' 00" East 100 feet; thence (9) South 0° 04' 20" West 172.71 feet; thence (10) South 5" 18' 40" East 100.93 feet~ thence (!1) South 0° 39' 30" East 100.15 feet; thence (12) South 1° 45' 00" East 434.17 feet; thence (13)South 7" 02' 00" East 40.19 feet; thence (14) South 76" 49' 10" West 155.11 feet; thence along said Land now or formerly of King and land now or formerly of Ripley, South 24° 34' 30" East 805.00 feet to the point or place of BEGINNING. District 1000,. Section 035.00, Block 01.00, Lot 025.000 P~anning Board Page 16 8/10/87 Being no further business to come before the Board, on a motion~3 made by Mr. Latham, seconded by Mr. Mullen, and carried, the meeting was adjourned at 8:50 p.m. R~spectfully submitted,  ~ ~ ~-~ Diane M. Schultze, Secretary ~/~ ~~outhold~ Town Planning Board Be~Ynett O~lowsk-i~ Jr., Chapman ~ECEIVED AND FILED BY SO--Om TOW Town Clerk, Town o'~ Sou'F~ld