Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PB-03/12/1984
Southold, N.Y. 11971 (516) 765-1938 A regular meeting of ~he Southold Town Planning Board was held on March 12, 1984 at 7:30 p.m. at the Town Hall, Main Road, Southold, NY. Present were: Chairman ~enry ~Eo Raynor,~r. Member Bennett Orlowski, Jr. Member William Mullen~.~r. Member G. Ritchie L~tham Jr. Building Administrator Victor Lessard 7:30 Public hearing on the question of approval for-the final maps of the major subdivision Homestead Acres, located at Greenport. On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the SoutholdTown Planning Board dispense with the reading of the metes and bounds description for the property of Homestead Acres, located at Greenport. Vote of the Board: Ayes: Raynor, Mullen, Latham, Orlowski, Walt Mr. Raynor: The legal description appeared on the Suffolk Weekly Times one week commencing on the first day of March 1984, is.there anyone inthe back of the room who has trouble hearing me? (person from the audience said yes)Is this any better? I don't want the microphone too loud. I guess I don't have to worry about how well it works.Is that any better? I'm running out of switches. How is that? (audience responded they could now hear the chairman) Okay, good. Also proof~ of publication from the Long Island Traveler Watchman for one week commencing on the first day of Marchl984 signed by Pat Wood and notorized by Clement Thompson. And in review of the file, on this subdivision, we are in receipt of the filing fee from the Town Clerk for this property, we are in receipt of a bond estimate by P.E. Lawrence Tuthill, the bond estimate is in the amount of $250,000 for roads and drainage. Further correspondence from the Town Clerk's office accepting the amount of the bond as stipulated by Mr. Lawrence Tuthill and recommended by our board. Correspondence re~arging elevation and drainage of the roads from the Town Engineer, correspondence to Edson and Bruer setting tonight as the time for a public hearing, correspondence from this Board under the State Environmental Quality Review Act to the Department of Environmental Conservation located at Stonybrook, Correspondence from the Suffolk County Department of Health Services with regard to this subdivision, we are in receipt and it appears that Public water is available for this subdivisionsewage disposals as planned -~ Pg. (2) -- 3/12/84 by individual septlc systems as told should be required to insure adaquate soil conditions. If you have any questions, please feel free to contact me and it's signed by Royal R. Reynolds. Correspondence from the Board to the Suffolk County Planning Commission, correspondence from the Town Clerk's office, Southold Town Board at the regular meeting on Ocotber 20, 1981 adopted the resolution for approval of the property of Edward Speeches located at County Road 48, in Greenport containing 20.093 acres as being developed in the cluster concept, signed by Judith Terry, Town Clerk. Correspondence from this Board to Councel Mr. Bruer resOlved the Southold Town Planning declare itself lead agency under the State Environmental Uuality Review Act, major subdivision, correspondence from the applicant's engineer, serveyor Van Tyle compulating the area and thecluster concept, correspondence in--the file from the Village of Greenport enclosed is a copy of the contract to supply water to the project of HomesteadA~es, North Road, Greenport, the approval for Mayor Hubbard to sign was given by a special board meeting April 7, 1983 and is signed by James R. Monsell. For the final application this pretty well completes the file. The Superintendent of Highways correspondence for his approval of the lot layout submitted for the preliminary have been accepted as is the proceedure in this type of public hearing we will ask if there is anyone present this evening who would like to speak in opposition of the proposed subdivision entitled Homestead Acres situated at Greenport. There being none is there anyone present who would like to speak in ~favor of the proposed major subdivisiOn of Homestead Acres. Rudolph Bruer: Mr. Raynor, Rudolph Bruer, for the applicant. I think over the past three years everything has been said and I re'spectfully request that the board grant 'the grant the application. Is there any question that you want me to answer. Mr. Raynor: Thank ¥0u Mr. Bruer. Is the~ anyone else who would like to speak in favor of proposed ma~or subdivision? Hearing none, is there anyone present this evening that has some information pertinant to the subdivsion would you come before this Board at this time helping us make our determination. Hearing none, members of the Board, Mr. Wall (none) Mr. Latham(none) Mr. Orlowski(none) Mr. Multen(none) I would like to note', Mr. Bruer, there are several considerations that this a~%i0~ of the Board in the next 45 days will be subject to. Number one, to date the Suffolk County Planning Report has not been filed with this Board and Number two, according to the notice I have here neither the 'inspection fee nor the attached bond has been paid by the applicant of your office. Is that correct as far as my files are concerned. Mr. Bruer: I'll check, I'm not sure Mr. Chairman. Mro Raynor: Okay, the Town likes it's money. Mr. Bruer: I'll check tomorrow and rectify it. Mr. Raynor: If we worked on a percentage basis we would have it sooner, I'm sure. All right, there being no further questions, or comments pertaining to this major subdivison entitled Homestead Acres we will declare this hearing as closed and thank those of you for coming here for this. Mr. Bruer: Thank you very much. ~ ~ -~ Pg (3) ~'~ 3/12/84 7~:45 p.m. Public Hearing on the question of approval of the final.maps for the major subdivision of ~The Cove Beach Associates located at East Marion. On a motion made by Mr. Mullen seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board dispense with the reading of the metes and ~ounds description for the property of The Cove Beach Associates located at East Marion. Vote of the Board: Ayes: RaYnor, Multen, Latham, Orlowski, Wall Mr. Raynor: This hearing is pursuant to Section 276, property is locatsd in East Mari6h in the Township of Southold, and contains 69.1748 acres.Proof of publicat~Qn ran for one week commencing on the first day of March 1984 in the Suffolk Weekly Times, and I guess it is signed by Susan W~ Allen, notorized by Judith A Chien, also ran.in~ the Long Island Traveler Watchman for one week ~ommencing on the first of March 1984 and is Signed by Pat Wood and notorized by Clement Thompson. To review this massive file, 'in receipt of a bond estimate by our town engineer, Mr. Tuthill on-.the first of last month for the amount of road construction and drainage in the amount of $700,0'00, on the fifteenth of last month we were in receipt of a resolution from the Town Board approving the amount for this subdivision and approving the recommendations from Mr. Tuthill, we have correspondence from the Suffolk County Planning Commission asking for referrals to expedite the proposed subdivision queS~on~ ra~se~y?~h~taff on ~h? preliminar~y~maP should be answered, please see the enclosed copy of the staff comments, and the staff comments are conerning the approved area~as wether it was part of the drainage, the cluster as to whether it was approved, the question of public access on ~he right of way to lot ~18 a paved roadway with the width of 28' should not be used ~nless there is parki'ng along side the road to minimize the use of the roadway, they question the depth of lots #16 through 18 inclusinve with regard to a set back revision, provision should be made to incorporate the surplus road area in the cul-de-sac to the adjacent lot owners. These were staff Comments We have correspondence from Counsel of record Richard J. Cron which refers back to each one of these items that have been raised, we have correspondence fromthe Suffolk County_Department of Health Services regarding this application as complete with their department, correspondence to the applicant's attorney setting this evening as the time and place for a public hearing, cor.respondence from this Board to the Suffolk County Planning Commission, copy of the legal notice metes and bounds description, copy to the appli'cants attorne~ pertenant to Article 6 compliance in the Suffolk County Department of Health Services, correspondence from the NY State DEC with regard %o their Article 25 tidal wetlands act, copy of the application for approval of plot, correspondence from the applicant's attorney again with regard to filing with the Board, correspondence from ~e East Marion Fire District at a regular meeting March 31, 1983, it was deceided that three fire wells should be located and they give-the locations of these signed by Joseph CherepoWitz, secretary, correspondence from the Department of Health Services suggests that the initial determination be considered in light of the fact that th'is project may be type one by the state environmental quality review act and is signed by Royal R.,Reynotds, correspondence from~he Board to the NY State Dec with regard to the State Environmental Review Act. ~ t-~ Pg (4) ~ 3/12/84 Mr. Raynor: We have various correspondence between our office and councels office concerning the eventual utiliza~ion. 0f the roads and the'system of drainage which they propose as well as access and the question of the beach area, we have a certificate of approval for perliminary plgt which was given by the Town Clerk under subdivision '3 of SectiQn~276, c.orrespondence from this office to Mr. Dean's office, correspondence from the Board declaring itself lead aq~ney in regard tothe State Environmental Quality Review Act, correspondence pertinent t~ the t~-acre zoning change that was affected in May, 1983. That pretty much completes the file, as is the proceedure with th~s type of public hearing we will ask if there anYone p~eS~nt who would like to~ speak in opposition to this proposed major subdivision of Cove Beach Associates'~ located in East Marion. Mr. Raynor: Would you give your name sir? Mr. Gazza: Joseph Gazza, Hampton Bays, NY, may I approach Chairman? Mr. Raynor: Surely. Mr. Gazza: Also, Mr. Andrew Litteri. Mr. Raynor: You are a proper~y holder to the East? Mr. Gazza: That is correct. Mr. Gazza: Mr. Litteri~ and I own together about 36 acres of land which , all of which is~to the East of the subject application which is before your Board. We have been here a couple of times before, I know ~i have met, Mr. Raynor with you several times with you individuaiity on this. O~r opposition focuses basically on two issues; the main issue is the internal road system within the Cove Beach Associates map. We understand upon review of your file and after talking with you that these roads are to remain private ownership and not bec0me public roads~ I% appears to be in conflict looking at the subdivision map because you have roads extending into our propert~- for example that are not cul-de-saced but appear to be logical extensions for future connections. Mr. Raynor: Excuse ~e, just a minute Mr. Gazza, are you saying that some of 6he road work proposed extends into your property? Mr. Gazza: It goes to the property line. Mr. Raynor: To the property line. Mr. Gazza: Right, but the logical extension would be into'the property of Mr. Litterri and myself now that is certainly improper planning to provide for future access for other parcels in the orderly development, but'~th the ownership of those roads remaining private, and with no r~ght whatsoever neither Mr. Litteri or mYself ~nto those roads they serve benefit to us; it is not as though we are_asking to use those roads for free, we have since 1979 ccntacted the owners of the Cove Beach Associates, it started With Mr. Yule and it went ~o the new owners I have a series of letters some of them signed by a Charles H. G. Reese, copies to Mr. Giltespie and Mildred Koch stating that they have no interest in allowing us to use their roads. They want them to remain within their subdivision map as private roads and they don~'t want to work tougther they don't want to consider allowing to share in the cost Of imporvements Pg. (5) ~ 3/12/84 Mr. Gazza: of the roads, we have voluntered, I personally voluntered to pay for the electricity all the way up the road, about 1600 feet, at my own cost just t~ have electricity up there and they were not interested in that. They have been courteous, but uncomprising onthe road issue. Certainly proper planning would dictate that the road system should' be designed for the orderly ~evelopment of all the parcels in the area and your map does provide for that but with the roads in pr'i~te ownership then Without rights being granted to the adj~c~n~'proper~y owners who Would he dependent on those roads, what is the purpose. Hut up a road like that with knowledge that it is g0ing~ to be a private road and you won't have a right to use it, it is the same practice years ago they used to leave a one foot strip at the end of a roa~ as a hold out str~p, probably some members are familiar with this , the practice is no longer in Use today for obvious reasons, but to me this is a ~ery similar practice where if the adjacent property owners are not afforded rights over the road what is the benefit. What is the planning benefit. That is point one. Point two, pertains to the focal of thie entire subdivision that being its access on the Main State Road. The entire tract as mentioned earlier, 69 acres, has but 8 feet of frontage, the front on the Main State Road, this being the only access for all the. future homes and families. NOw the lands of Litteri and Gazza representing all the land to the East also have a very limited amount of access as shown on our survey, right down over here in this green area we have 53.63 feet of frontage on the Main state Road, now-it wax in 1982 that Mr. Litteri applied to the NY State Department of Tran'sportaiion inquiring as to the utilization of the Main State Road for access to his property and eventually to my property fur{her out o~ 'the penninsula and it was after about 6-7 months of work with the State that we were able to secure a work permit ~0~ X-82-0192 and I hay e a copy of that here ( presented his copy to the Chairman) for a subdivision road entrance onto the Main State Road~ the State through their Hauppauge Office, Mr. Vito Letter, the permit and highway safety person involved with~e State indicated to us that this is a critical point on. the road and the State is very concerned with limiting the access onto the State Road and it for that reason that it took so much time to have the permit issued to us. We had to construct an opening there to Stat~ specifications and we spent 9,000 dollars. Mr. Litteri: No, 10,000 dollars. Mr. Gazza: Ten Thousand dollars in the construction of the apron concrete, sidewalk, the curbing the handicap entrance on ~e curbing the shoulder of the State road had to be torn up and we put 8" of type C as~halt. I~ was all to State specifications. No~ that has been constructed and we have the valid permit. I spoke to Mr. Letter of the Department of transportation and"I asked him what his decision would be if an application came on the Cove Beach property which is adjacent to our entrance, he said that it would be inconceivable to his department to allow two accesses side by side. He said it is the worst possible traffic and highway safety problem that you could create. He said if the State would attempt to get the owners together, by only allowing the one entrance and making them combine so that the public benefit and the safety of all People concerned, that one entrance on the ghighway on theat point. Now, we have been in communication with the owners of Cove Beach and we have requested various proposals to obtain access over their roads, they will not talk to us. We have an access permit and I don't see how the Board could act on their application without knowing whether it could have the access ~ ~ Pg (4) ~ 3/12/84 t <J Mr. Gazza: on the ~in State Road,~for al-/ · he lots within the subdivision. Possibly before t~e Board would take action on this final.~map this should be de~eled into further to determine the validity of my statement with MI not allow & double-road entrance si( Mr. Raynor: Do you have a written they will not allow that? Mr. Gazza: Well, my~permit, the ac. permit goes right to the Cove Beach as familiar with Southold-Town as w~ roads. Has this Board seen Situati~ to enter a State road side by side Mr. Raynor: Yes. Mr. Gazza:~ with no distance betwee~ Mr. Raynor: Absolutly. Mr. Gazza: Major sub~ivisionroads? Mr. Raynor: No. Mr. Gazza:. Okay, that is the diffe road,~hey a~e proposing 57 lots wa~ Gazza property is 36 acres. Mr. Raynor: How many lots are you pi Mr. Gazza: Right ~0w we have no~ pre Mr. Raynor: Well then you can't Mr. Gazza: Well, we have been hold have the access issue resolved. We mile of road adjacent to a half a mJ is, if you can look at the survey. Mr. Raynor: I see they run parellal Mr. Gazza: The roads are parellal, to build 1800 feet of road, of Town Mr. Raynor: Okay, your point is we else you would add, or give us info~ here to take this evening. Mr. Gazza : Mr. Litteri has anythin Mr. Litteri: No, Mr. Gazza s&id it Mr. Gazza: I wo~ld like to th~s tha '. Letter tha~he State would [e by side, no sepera%ion. tipulation from the State that ~ess I have, the diag~ram of our Line, of course, I am not th other entrances onto sta~e ~ns where two road are permitted the t~? 'ence. We are talking about a it? On 69 acres? and the Litterri oposing?on the 36 acres? ~posed an~. e classified as a major subdivslon. ng back on the proposal until we don't want to build a half le of road of Cove Beach, which it makes no sense whatsoever Spec Road side by side. 1 taken. Is there anythin~ mation on; that is what we are all. t the Town of Southampton which I am more famiiiar with, does look fnto the access permit issue at a preliminary state. I guess it is a different stage that Southold Town iooks in~o, looks into. You do look into whether they can obtain a permit before the map would be given final approval, is that correct? Mr. Raynor: That is correct, we also have a provisision in our subdivision regulations that states that is necessary to obtain a ~ ~ ~ Pg (7) ~ 3/12/84 Mr.Raynor: waiver should have more t'han 20 lots with only one ingress and egress. Mr. Gazza: Okay, thank you very much for your time. Mr. Raynor: Would' you see that the.Board gets copies of the correspondence from yourself ~o the Cove Beach Associates. Mr. Gazza;Yea, I have them here, but I don't want to give you the originals. Mr. Raynor~ That is all right, copies would be very sufficient. Mr. Gazza: Allright Mr. Raynor: Are these yours toot Mr. Gazza: I have ~t~e~rs which are signed by Mr. Charles Reese now I understand that Cove Beach is a partnership, he speakes on behalf Of partners, I don't know how many are involved. But does your file ~ndicate that Mr. Reese is an interested party in this. Mr. Raynor: Our entire contact has been through counsel, Mr. Cron. Mr. Kerrin: My name is Kerrin, I am a genera, l partner in Cove Beach AssoCiates. Mr. Raynor: I don't want ko get this into an open debate. Mr. Kerrin: Okay Mr. Raynor: We would be more than happy, we have plenty of time to take any statement you would like. Mr. Kerrin: No, I would like to say that this gentleman seems to say that we would no~ speak to him and that is not true. We corresponded to him and I think one of the reasons we wanted the roads to be ppivate in Cove Beach is because is a private and the roads would become under the ownership of the people that finally settle in that development and it would be a property ownership of that road and we did not want to complicate it with outside ownership. Mr. Raynor: I would like ko take that as soon as we finish with any objections so '~O~11 have full chance to explain everything to us. Mr. Gazza: I am finished Mr. Chairman, thank you. Mr. Raynor: Thank you. Is there anyone else present this evening in opposition to the proposed major subdivison entitled Cove Beach Associates? Hearing none, then I am sure that there is someone who would like to speak in favor of the proposed application. Mr. ~errin: Well, I would .just like to repeat what I just said to that gentleman and I with regard to his second point, the difficulty he has with the road opening, I am not familiar with that at all and it sounds very complicated, I have no recollection ~ -- g (8) ~ 3/12/84 Mr. Kerrih: of their every corresponding with us with regard to that problem. He have been in the process of obtaining a clearing on this subdivision or approval over a thre~ year period and I just respectiveiy request the Board for that approval we'Ve~tried to submit.~'you a very good subdivision one that allowed sufficient free areas for recreation and open space and we've been at this process for close to three years, if not over three years and we just ask that you approve it for us. Mr. Raynor: Thank you very much. Is there any one else in the audience who would like to speak in favor of this subdivision. Mr. -Uhl-: This is a private road. I have.always considered it as 'a long driveway to my property, now if you had a long driveway to your home would y~u want to share it with somebody, I don't think so , it's not necessarily so that these roads have to run parallel, Me just happened to have an opening to his property which is adjacent ~o our property, because {heBoknes have not sold their homestead, the Bokens stil~own their homestead, so the only available proPerty he was able to buy is that which is adjacent to our and happens to be par~llal, but he doesn't have to run his road parellal to ours, he might avert anywhere. We have a private road, now Brown's Hills has a private road and it is not 50' wide either becuase that was dOne in a pre-existing time, and is acceptable as such. Pebble Beach has a private road, it winds into their property, they have many homesites there, and there is only one exit. If Mr. Gazza would like to make an issue out of that, the opening of the Cove Beach Associates width is 80'-- the legal requirement is 50' so you have more room on each side for whatever it is. What else have I made notes of... So I don't know why he wants to encroach on the private road which is a private development for his purpose. Mr. Raynor: Is there anyone else in favor of this proposed subdivision7 Mr. Russell: My name ~s Russell, I am a former owner of that property of Cove Beach also. Quite some years ago, when Mr. Gazza purchased that land he pruchased full well knowing that it was land locked and there was no access to it. He bought with his own eyes open, he has no objection to this as I see it, he has no objection to this development except that he ~s not part of it. That is about the only way I can read it. Mr. Raynor: Thank you Mr. Russell. Is there anyone else here this evening who would like to speak in favor of this proposed major subdivision. Hearing none, is there anyone present this evening that has some information pertinent to this subdivision that may be neither pro nor con but that would come before the Board at this time in helping make a determination. Mr. Litteri: My name is Mr. Litteri. I own the property that is parellal with Cove Beach Associates, not Mr. Gazza, and I am forced to place the road where the road is in order to deve~op~my property properly. I'm not trying to tell Cove Beach what to do, but I don't think Cove Beach should tell me wha~ to do, and where I should place my road. I have to place the road which to the best advantage to the property that I own, it has nothing to do with Mr. Gazza. I purchased this property and Iam not land locked. That is all I wish to say. ~ ~ Pg (9) - 3/12/84 Mr. Raynor: Thank you, Ms. Oliva. Ms. Oliva: I would just to ask one question, are these the final maps? Mr . Rayno~: These are final maps. Ms. Oli~a: Or are they preliminary maps? Mr. Raynor: These are final maps. Ms. Oliva; These are final maps, thank you. Mr. Raynor: Anyone else that has any information pertinent to this subdivision? From the Board, do you have any questions? Mr. Mullen (none) Mr. Orlowski (none~ Nr. Wall (none) Mr. Latham? ~ - Mr. Latham: How's the water? Did we have Royal Reynolds say something about that? Mr. Raynor: No, he did not, and that is a good point. To date whatever action the Board may take within its 45 days, would be subject to certain elements. No. 1 to date the Suffolk ~.~unty Department of~ Health Services has not forwarded approval on the water system to this Board. To date, neither the inspection fee nor the bond amount has been paid, the bond fee to the Town of Southold. And, there is correspondence in the file form Mr. Cron addressed to the Suffolk County Planning Commission whihc this Board will review. Those elements will all have to be taken in t o consideration and those factors that are missing completed prior to the Board making a determination. Being no further questions on the subject of the proposed major subdiVision of Cove Beach. Mr. Uhl: Mr. Chairman? Mr. Raynor: I am sorry Mr. Uhl ~, I asked if th~e~as,.any~ne else present, ~s there something that is extremely per.tinent, this Board has six ... Mr.--~%~Uhl~' Well, you mentioned about the water, that is it. Mr. Raynor: That's up to the SuffOlk County Department of Health S~rvices, that falls under their jurisdiction. It is certainly not within the realm of the Board to go against the experts in the County. Being no further questions or comments with regard to this public hearing on Cove Beach Associates, I will deem this hearing closed and thank those of you for coming in this evening to participate in it and helping us make a determination. 8:00r~u.m-~-Publi¢ hearing onthe question of approval of the final maps for the major subdivision of Settler's at Oysterponds, located at Orient. Mr. Raynor: First order of business would be the reading of the metes and bounds description of the legal notice. On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board dispense with the reading of the metes and bounds description for the property of Settler's at Oysterponds, located at Orient. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall pg (10) ~ 3/12/84 Mr. Radnor: 8:00 p.m. is the final hearing on the subdivision of Settler's at ©ysterponds, located at Orient c~nt~aining 67.65 acres. Proof of publication ran in the Suffolk Weekly Times signed by Susan Allen, principal clerk, notorized by Judith Chien. Publication also ran in the Long Island Travele~ Watchman for one week commencin~ on the first of March 1984 signed byPat Wood and notorized by Clement Thompson. We will review the correspondence; In the file we have applications for approval of plat, correspondence from the Southampton Properties Inc.,Mr Horowitz, with regard to letterof December 6, Mr. Latham's reservation regarding a traveled road please find a declaration of easement concerning the maintenance and upkeep of the travel~d road within the 50' righto of way, it is my intention to encumber lOts 2,3,4,8,9 With this responsibility. Please notice item H onthe enclosed scheduls~B that the company when I took title raised the questions concerning the rights of others over the traveled road, no way to intend to block the access over the right of way to any of the residents in the area. And we have a declaration of those easements, that has been signed and notorized. A public works re: SEttler's at Oysterponds has reviewed the current map dated January 17, 1984 for the above mentioned subdivision, I have no objection to the development maintaining private raodway in Settler's at Oysterponds as olong as it remains open to local traffic. If I can be of further assistance~ please don't hesitate to contact me and it signed by Raymond Dean. Corrsspondence from the apPlicant in reference to Mr. Tuthill's letter to the PLanning Board dated January 9, 1984, please be advised that as weather permits I will re-a~l'ig~3-~ raise and repave certain sections of the existing private right of way to the satisfaction of the Superintendent of Highways and the Planning Board. This work shall be completed on or before June 15, 1984. signed by Charles Horowitz. Cor.respo~dence from this Board regarding the State Environmental Quality Review Act and we have received one, -t~O' three additional letters in opposition to the proposed major suDdlvlsion subsquent to the preliminary hearing which was held on this. We have a copy of the legal notice, correspondence from this Board to the Suffolk County Planning, correspondence from this Board to the Superintendent of H~ighways, correspondence f~om the S~ffolk Coutny Department of Health Services, we have bben questioned as to why the so-called subdivision Settler's at Oys'terponds and this is dated November 23, i983, is perhaps the easiest way to answer the questions is to attach a copy of letter written in response to the inquiry I sent to the C'oun~v Attorney's Office seeking clarificatinon on the~ju~i~dictionof~fic'ie ~ M~.-~f'~ 'J~c~s~n?Jr. ~is the attorne~ for A~icle-~6 and i~'therefo~ Very qualified to respond to m y inq~iry~ as you can from Mr. Ja6ksons letter, settler's at Oysterponds is not controled by Article 6 and our stamp affixed proforma as directed each of the parcels created within this tract would be administrated individually at the time of filing for a permit to construct, each applicant will be required to meet all construction standards for water supply and sewage disposal facilities. and we don't anticipate that these parcels will have any diff,., will be any different than many other similiar sites located at the East End of the qounty, hope this clarifies our position and action on the application signed by Robert A. Villa, PE and Chief of the Bureau of Renvironmental Services. We have a declaration of Covenants and Restrictions p~rtinent to Settler's at Oysterponds and signed by the applica~.~d~artes B. Horowitz and duly notorized stating that this subdivision shall contain no more than 10 plats. Correspondence from this Board with regard to the location of fire wells which was sent out the Orient Fire Commissioners, and correspondence from Pg (11) -- 3/12/8~ MR. Raynor: from t~% Suffolk. County PlanningC~mission with regard to tangents ~i~n~%of~he 50' which .is normally reversed curve and they are q~es~i~--the figuration 6f the roadway which has since been brought under consideration also by the Superintendent Of Highways and. Department of Public Works the proposed layout will probablyacceptable to the Commission because of the low density, the commission feels however that the land should be reserved for agricultural use, information referrals of the final map taken should be taken to insure that these lots will not be further subdivided in the future signed by Charles G. Lind. Subdivision Review Section Chief Planner. That pretty completes the file as is the proceedure in this ~ype of public hearing we will ask if there is anyone present this evening who would like to speak in opposition of the proposed subdivision entitled Settler's at Oysterponds located in Orient. Ms. Oliva. Ms. Oliva: Do you want me to use the mike or should I just stand there? Mr. Raynor: No, just stand there. Ms. Oliva: Ruth Oliva, I really believe in the almost 4 years that I've been attending Planning Board this proposed subdivision is really the worst one I've seen as far as allowing for good development of a piece of property due to the location as the eleveation of Settler's it is really, good for ~e p~rpose and one purpose only and that is farming. The Developer was lucky enough to avoid County Board of Health subdivision regulations by increasing his lots to 5 acres or better. There will be a problem with sewage on some of the lots especially on 4,5, and 6 due to the elevation and I wonder where once any ground is disturbed on that piece of property where is the storm water run-off going lastly the road, it is supposed to be a private raod now, but what if some time in the future, the property owners wish to dedicate it to the Town. Anyone that lives in Orient now knows that in good rain storm that road is flooded and f~ooded badly, howewill emergency equipment get through, perhaps they can't but more importantly, if that road is to be dedicated to the Town, then the Town which means you and I the taxpayers are going to be responsible for up- grading that road and putting in the proper drainage if it can be done and we will pay for it. We would respectfully ask the Board to deny this application, but in such case, that you do not we fell that the developer has put the burden on the individual lot owners to'be and we ~respectfully ask the Board to consider some stringent convenants and restrictions, first of all, that the property never be re-subdivided it could never come before the Board for division. Number 2 in each lot owners deed it should specify the quality of the water and we know it contains nitrates, and pesticides and With increased usage could draw chlorides. And expecially, on lots 4,5, and 6 I think it should be put in the deed that those lots are flooded in rainy weather and even with grading and what have you they are going to have trouble with storm water run-off and we respectfully ask that you consider this. Thank you. Mr. Raynor: Thank you Ruth, is there anyone else this evening present who would like to speak in opposition to this proposed subdivision? Mrs Frederica Wachsberger: My name is Fredirica Wachsberger, I have an open letter here to the Board which I would like to present to you, I won't read the whole thing because I certainly second everything Mrs. Oliva said and some of that is included in it. Page (12) ~. 3/12/84 Mrs. Wachsberger: I would just like to read what I have written about the covenants regarding the restrictions against furture subdivision. Those covenants signed and notorized by Mr. Horowitz in NOvember 1983 to the effect that no purchasers or holders shall subdivide or modify the parcels invalidate itself with its concluding paragraph".., the within Declaration may not be annulled, waived, changed, or modified, unless and until approved by resolution of the Planning Board of the Town of Southold." Does that not mean that an owner, may simply apply t to the Planning Board for a subdivision, as he or she would in any case? If this subdivision should be granked despite these very serious questions, we must insist that there by permanent and enforceable covenants (for which there has been ample precendent in the immediate area in the enforcement of "Green acre zoning," that there will be no subsequent subdivision of, nor additional dwellings on any of the parcels being presented for approval. ( Mrs. Wachsberger presented the letter to the Chairman) Mr. Raynor,: Thank you very much. Mrs. Wachsberger: Thank you. Mr. Raynor: Is there anyone else present this evening who would like to speak in opposition? Mrs Helen DeVoe: My name is Mrs. Helen DeVoe, we live just to the south on Orchard Street on the property. I back Ruth Oliva and Freddy in all that they have said and my main concern is~the covenants. In 1974 we presented to the Board our subdivision and it took us 2-years to get it approved and as far back as 1976 the Town required that we put a green acre covenant onthe property because of the problems in the area, you didn't want it over developsd. I feel that Settler's should have the same requirement that they can no further subdivide any lot if you do grant this right to build. I just hope that the Board will act just as wisely now as it did when it required us in 1976 to have the green acre convenant and to take into consideration the present and future residents of ISouthold. Every member of the Board is aware of the critical situatiOn we face with potable water, drainage and the pollution to our Bays. I have a letter from Mr. Lauber who lives on Orchard Street that I would like to present. Mr. Raynor: Fine. Thank you Mrs. DeVoe. Mrs. DeVoe: Thank you. Mr. Raynor: Is there anyone else present this evening who would like to speak in opposition of this proposed subdivision. Dr. Terry? Dr. Terry: I would like to use the microphone if I can. I'm Orville Terry, I live in Orient. I am opposed to this development on this property and to any development on this property just as a matter of common sense. Everybody knows that Orient is very limited in its water supply, it may very well be that if all the presently approved lots were built upon, as they y~ Page (13) f~. 3/12/84 Dr. Terry: will be, we will be pushing our total water supply already without additional lots, but in any case, it just doesn't make sense to build the houses that are to be built on the land this low with a questionable water supply, with a questionable sewage disposal situation, the certainity of flooding in the next severe hurricane and the sort of problems that have been discussed already. In fact, if you want to look ahead a little bit, a bit beyond the next or two for the future, as most of you know sea level is rising in this area, it has been for many years at a ~elatively slow rate perhaps, a couple of feet per century at present, but experts on pilot are pretty unanimous that what changes are comming in the future, that the rate of rise is going to increase. It may increase very drastically, nobody knows. And, it seems like a pretty ridiculous time to be building houses on low land adjacent to the water. Mr. Raynor : Thank you Dr. Terry Is there anyone else present this evening who would like to speake in opposition to this proposed shbdivision. Linda Brandberg: Linda.Brandberq from Orient, I agree with everything that has been said so far this evening. I just want to add a little note. Orient is one of the most bea~iful places in the world. I think it should be preserved. I think we have a treasure there that we are all should try to keep as it is. That is really all I have to say. Mr. Raynor,: Thank you very much, is there any one else? Dorthy Burkes: Dorothy Burkes, I live in Orient, directly across from the proposed subdivision. Nothing in the world can ever justify the loss of the Hatlock farmland for development particularly this type of farmland where farmland has become more and more scarce. Nothing in the world can justify the loss of the Hallock farm and what it means historically to Orient. If you approve this subdivision, part of.Orient will die and I'm not being poetic, your Board member from Orient will explain this to you. That not withstanding, I would like to thank the planning board for having brought this subdivision down to lo lots and I would like to urge you to make sure that there are covenants and restirctions that will keep those 10 lots from increasing to 11, or 12, or 40. I would also urge that up fron~, not with the sale of each subdivision, but right now, you demand covenants and restrictions that would require drainage, runoff and the type of water damage that might make the Town and the taxpayer liable in the future for the cost of improving or maintaining those lots. I would like to read to you an open letter that reads as follows '~We the undersigned residents and taxpayers of Southold Town ,Dppose the proposed subdivision in Orient called "Settlers at Oysterponds." We cannot condone the loss of this valuable, prime farmland for residential use. Preliminary maps for the Master Plan update clearly designate this land for agricultural preservation. The Master Plan update was commissioned at taypayers' expense as a guideline to the Planning Board. we respectfully urge that you heed its recommendations. If, however, the Planning Board sees fit to approve this subdivision, we ask that such approval include bin lng and permanent covenant and restrictions which will promote the general welfare of the residents of the area, protect the environment, produce harmonious neighborhoods, preserve property values and perpetuate the aesthetic ~. pg (14D ~ 3/12/84 Mrs. Burkes: amenities prevailing in the community~ Such covenants and restrictions are consistent with demands made of other approved subdivisions in the immediate neighborhood of Settlers. We request that the Planning Boarda be equally diligent in its protection of prospective buyers and Southold taxpayers atike against future propblems which may arise from conditions inherent in this subdivision. To this end, we ask: 1. that covenants and restrictions be written for the Settlers at Oysterponds subdivision which will be as stringent and specific as the excellent, five-page document demanded of the nearby Bayview Farm subdivision. 2. That Mr. horowitz declaration that there shall be no further subdivision be rewritten so that it is perpetual in nature. As it is now worded, this declaration nullifies itself in that it can be reversed at any future date by approval of a Planning Board. 3. That prospective owners be advised of the existing problems regarding water contamination, persistent flooding, and problems related to water runoff and drainage. The letter i~ signed by 126 residents, the signatures were done and were sent out for collection on Thursday and in spite of the snow storm we have this many, there are other people who weren't able to sign. Mr. Raynor: Thank you Mrs~ B~rkes. Is there anyone else present to speak in opposition. Mr. Baer. Mr. Baer: My name is Frank Baer. I would like to call attention to a fact that Mrs. Burkes has already mentioned and that it the fact that the proposed Town Plan update indicates that on the map that this would be farmland and to create even 10 homes on this area is , does, not preserve it for farmland. I hear some remarks here about keeping any approved ~ubdivision in perpituity. I would like to suggest that it be farm~and in perpituity and that nothing be done on this until after the Town Plan update had been completed and rezoning has been completed as a result thereof. It seems to me that moving ahead on subdivisions such as this especially in an area so sensitive from the standpoint for water table and fromtthe standpoint of sewage disposal and so forth makes no sense at all to do something now until the decision has been made about what this area should be like in the future. Mr. Raynor: THank you Mr. Baer. Is there anyone else present this evening who would like to speak in opposition of the subdivision. Virginia Moore: Virginia Moore, Southold, friend of Orient, friend of Southold Town. I heartly endorse everything Frank Baer has said and the other people who have spoken against this subdivision. We know that there is alot ot pressure, you just have to read the paper and look around and watch your records as they increase to know that the pressure for development is tremendous , and particularly on the water front, but the best number of dollars doesn't always make the greatest sense. The best use of this land is undoubtly for farmland, it's good that the applicant has brought his application down to 10 lots more or less. We wonder even What that might do to Hallocks Bay. I think as a fighter in this community for a long time, it's no good at all. We think that you, Henry, who have done such a good job for us over the years and we understand that you are going out and we are sorry, this could be a chance for you to seal up a very good position for yourself as a fighter pg (15) .... 3/12/84 Mrs. Moore: for the things that ought to be. If you take all these things into consideration. Thank you. Mr. Raynor: Thank you Virginia, is there anyone else present this evening who would like to speak in opPOsition to the proposed subdivision? Mrs. Burkes: I wo~ld Just to add one sentence. I think Frank Bear and Ginny Moore speaking as they have I realize as I was speaking, some of us"have already fallen in to a position of hopelessness and saying that if it has to be than at least let it only be that and I realize that that was already reacting to what felt like an awful lot of pressure over the past few years and we really have to come from that position so I would just to reinforce too that we should emphasize not just keeping it ~o ten, we should emphasize please don't grant it at all. Mr. Raynor: Thank you, any other objections this evening? Mr. Kevin Aylward: My name is Kevin Aylward, I live on Orchard Street. I have a letter to the Board which states essentially the points made by previous Speakers about the covenant and abou~ other problems connected with the site. I would like to present this letter to the Board for their consideration. Mr. Raynor: Thank you very much. Is there anyone else this evening who would like to speak in opposition to the proposed major subdivision. Last chance, hearing none. Is ~here any one present who would like to speak in favor of the proposed major subdivision? Hearing none. Is there anyone present this evening that has some information that may be neither pro nor con on this proposed subdivison but is information pertinent to this Board so that we may make a rational, hopefully a rational decision, concerning this proposed subdivision? Jean Tiedke: ~I am Jean Tiedk~ and I am speaking for the League of Women Voters of Riverhead/Southold. We don't support nor oppose this Proposal but I must say that the difference this proposal with 10 lots and the original proposal are like day and night and we commend you and the P~lanning Board and the developer for changing their minds somewhere~along the way. I don't know who persuaded them but somebody did. One thing that we consider rather odd is clustering. It seems that this would be an ideal spot to cluster. The league has supported clustering before the first master plan, and that was quite a while back. It ~ould reduce road and driveway consumptions it wOul~ be more in keeping in the general character of the area. It wuold preserve more of the scenic open space agricultural quality of the Town and as you recall, professor Carroll back in 1964-65 when he did a survey of the Town for the first Master Plan said open space was cherished by both the residents and the visitors. The league survey in 1978 said the same thinq and the presen~ PrOposed Master Plan again said open space-is very important to every body who lives here or visits here. As to covenants, wer are greatly distrubed with only 10 lots on this large piece of property there is no question but what there is tremendous impotence toward dividing at some future time, therefore, the prohibition against anyfurther subdivision ~ pg. (16) --3/12/84 Mrs. Tiedk~'~must be very further stated and I couldn't begin to tell you how to~dO it. There should be no unless the Planning Board deceives otherwise in that , Gentlemen, whatsoever, it should be Permenant, binding covenants on eac lot that cannot be upset by the Planning Board by the Zoning Board of Appeals.or ~y any court of law. This pro~dure shou-ld be a~plied al~ toall future subdivisons otherwise our TOwn Master Plan~wili be absolutely meaningless and I must say in many respects the original Town Plan has not bee followed nearly as well as i~ should have been. But, in my opinion we would not be facing the sort of problems we are now, if the original plan had been followed more closely. That is an extra, there is also something called Caveat Emptor, whihc I am sure you all know. Purchasers should be fully informed about the potential restraints of this Settl~ area. And they have already been well addressed by other speakers but there can be too much ground water, there can be too little ground water, the Town must be protected agains~ legal suits due to either extreme and you are fully aware what is going on in ~erms of jetties along the S~und shore. People will keep yelling they will sue the Town, ~he ToWn ha~ to. pay to fix it. This is the Situation Which must be avoided~ The other one ~s the possibility of floods from storms, hurricans, or even lesser storms. No purchaser should be in any position to say nobody told me about that. The ancient let the buyer beware is not a satisfactory way to handle thi~. Potential constraints on the development of the property mus~ be explained to all buyers. I would suggest that also that all developers in the'future be requested to contribute a percentage to the Tow~ for the purchase Of open space and beach front and recreational areas, we are runnin~ very shor~. There is a tremendous pUs~~o d~vel~p'eve~thing~.~The area up in East ~arion ~ha~wa~ just discussed previously is on the Town Master Plan now as open space recreation park, it won't be. we are getting ourselves into trouble. One other thing I would like to comment on is the Town of Easthampton is also reviving its Master Plan. It has put in a moratorium for anything over 25 acres until their Master Plan is finished. I recommend this to you and I will hand in my paper. (Presented her paper to the Chairman.) Mr. Raynor: Thank you Jean. Is~'~here anyone else present whc has some information pertenant ~ this SubdiviSion that it should be neither pro nor con but that it be brought before t~e Board. Doris Morgan: I am Doris Mor~gan and I agree with everything that has been said and I have already signed the petition but I do have another concern a~d that is concer~ing the roads that would be used during the construction and the earth moving ~h~t wQ~l~Lbe~necessary during the development of this property. These roads would include Platt and Tabor Roads. of the Main Road and would include Halyoake Avenue, Narrow River Road, and Orchard Street. What is going to happen to these roads with the heavy machines on it. Who is going to pay for rebuilding these roads? Is it going to be something the taxpayers of SoUthotd Town will be burdened with? I wish the Board would consider that problem, because it really is a problem because ~he roads were never h~ld that equipment. ~ ~ ~ .... pg (17) ~ 3/12/84 Mr.R aynor: Th~k you very much. Mrs. Morgan: I have a letter that I would like to present the Board. Mrs%Raynor: Please bring it right up. (submitted letter) Thank you. Mr. Trent I believe you had your hand up. Mr. Trent: My name is Martin Trent, I live in Orient. I would just!to add that if the Planning Board approved the subdivision as it is now proposed, because of the lot size, there has been no approval needed from the Health Department as far as w.ater and sewage disposal goes and if the Board approves it as it is now they would just be postponing the decision so that there would be a piece meal basis individuaIly water supply and sewage disposal On each lot rather than looking on the whole. Thank you. Mr. Raynor: Thank you. Is there anyone else that has some information that may help the Board in making a decision. Hearing none, members of the Board; Mr. Mullen .... 'r~_ Mr. Mullen: Well, I have always been under the impression that the Covenants and restrictions must be completely bidning. I have been on the Board about three years and that has always been my principals concern. I have spoken to the Town Attorney and an outside attorney and I understand that the approvement as is, that there should be no further subdivisions in perpituity. Now, if I am wrong, I'm wrong, but that is my intent not only in this particular situation but in any prior ones in the future. Secondly, directing ourselves to the road, we have a letter here from Mr. Horowitz dated. February 10, 1984 regards to the road to the effect that he will reallign, raise, repave etc to the satisfaction of the LSuperintendent of Highways on or before the 15th of June. My suggestion is that perhaps if we can get the cooperation as we have in the past with Mr. Horowitz and have him rprovide a surety bond to that effect it will perhaps take care of our problem, not only on the road as it stands now, but perhaps after the construction is completed to bring it back up to the proper condition. That is something I have suggested that we take into consideration at this time. That is all I have to say. Mr.Raynor: Thank you Bill, Mr. Orlowski, (negative), Mr. Wall (negative), Mr. Latham? Mr. Latham: One question about the declaration of covenants and restrictions, part two of the covenant. I don't know whether Bill saw that. I think that ought to be stricken out too, the Town Planning Board, I don't trust future Planning Boards the way I trust this one. Well, I mean I can't say. Mr. Raynor: You may have a minority op£nion here, Ritch. Mr. Latham: That would be up to your, but I think that would be a very good idea to take that out. Mr. Raynor: May I suggest then, that we forward to the Town Attorney for his opinion. Mr. Latham: The only other thing I had, the road question was ~ pg (18) ~ 3/12/8.4 Mr. Latham: pretty we~lI answered execpt would not a road association or a property owners association be in order fo this. Mr. Horowitz: The five owners will share in the maintenanc~ and the upkeep. Mr. Latham: I mean they would have to.. I mentioned somethin¢ binding. Mr. Hor0witz: I have done it before like this, it has worke~ Mr. Latham; yes, without any formal association? Mr. Horowitz: Yes. Mr. Latham: Well, those were my main concerns, the road, th Town wouldn't have anything to do with this maintenance or service. Mr. Horowitz: None whatsoever. Mr. Latham: Well, I think somehow the buyer should be noti~J somehow about the water situation. I. don't know if it shou] be put in the ~deed. Mr. H~Witz: Of course, I am going to advise them of it, you wouldn't think I wouldn't. Mr. Latham: Thank you that is all I have to say. Mr. Raynor: Okay, thank you Ritch. That pretty well concl~d the Public Hearing on this proposed subdivision, we thank all for~coming in and showing your concerns and interests~ir the place in which you all live. . ~. p.m. Public Hearing onthe question of approval of the final maps of the major subdivision of Highpoint ~.East Marion Section II, located at East Marion. On a motion made by Mr. Mullen, seconded by Mr. Orlowski it RESOLVED that the Southold Town Planning Board dispense wit] the reading of the metes and bounds description for the pro] of Highpoint at East Marion Section II, located at East Mar Vote of the Board: Ayes: Raynor, Mullen, Wall, Orlowski, Mr. Raynor: Proof Of Publication for this ran in the LI traveler Watchman, major subdivision SEctionII of same cont 23.7 acres located in East Marion, publicatmon ran in the LI TraVeler it is signed byPat Wood, notorized by Clement Thompson. Proff of p~biibation also ran in the suffolk Week Times, signed by Susan Allen, notorized by Judith Chien. In review of the file correspondence from the office to the applicants attorney, Miehael Angelo setting tonight for a public hearing correspondence from t'he PE of record Mr. ed d es u was ! )erty .on o atham ~ining Y -~ pg (19) --~ 3/12/84 Mr. Raynor: Randall Woodward, pertenant to the Bond for Section II, the recommended bo~d amoant sis 325,000 dollars construction and drainage plans, the subsequent memorandum pertenant the engineering, Mr. W©~dward says No. 1 that storm drainage pipe size S~all be dr~wn on the final mplans and should assume to be an 18" and No. 2 a typical road section as shown for S~ctions I and II should be corrected as it is~ shown incorrectly. The 4" ~rown is correct. The 1-1nch' vertical distance from to top of curb is incorrect as shown. Using a 3-inch mountable cur~.lCorrespondence to this Board from Mr. Howard Young pertenant to the amount of the bond we required correspondence to the Board from the NY State Department of Environmental Co~servationstating that no permit will be needed under article 25, correspondence from the Southold Town Public Works department, Mr. Raynor, having reviewed the subdivision refer~red to above, report No. 343 of our Town engineer I concur with the attached comments and ' recommendations If I may be of any further assistance, please do onot hesitate to contact~'me and it is signed by Raymond C. Dean and copy of report No. 347 adjoins it Pertenant to this subdivision is attached, certificate of approval for~the preliminary plat given ths Higt.point section II East Marion and is g~ven the Town Clerk, c¢ and bounds description, copy o~ of the final plat, correspond~ to section II further corresp~ engineer a s is the proceedure public hearing we will ask at present this evening who would SEction II of the proposed maj¢ Highpoint at East Marion locat~ Jane Goreell: My name is Jane I am opposed to this and I am from East Marion whO are here And, I oppose it on many of th~ from the people in Orient, and people in Orient and I wish that ,py of schedule A of the metes the application for approval nce fro~ this Board with regard dence from this Board tc the f the Board at this type of his time if their is anyone like to speak in opposition to r subdivision known.as d at EastMarion. Yes. orell, I live in East Marion. ure there are a number of residents onight who feel the same way. same grounds as we just heard I was very impressed with the we in East Marion were a little more vigilent and a little 'bett~r organized and we might have been able to do something abou~ the approval of this Highpoint Section I most of us didn't knQw about this until it was too late. I think that this' kind ~f subdivisioning is must to big, to overpowing for poor, little hamlet of East Marion. I think it is not goint to benefit us at all, I.think it is going to give a lot Of problems, I think it is not going to benefit the Town of Southold. I think the only winner will be re that the people buying the the developer, I am not even su land will be benefiting very mu doubt sell the land and then l~e are problems of water and flood a great shame that one of the land in East Marion is going to ~h because the d~veloper will no ~ve them with the problems. There ing and so on and I think it is ~st big pieces of agriculture be sliced up into little pieces, and lost forever. This afternoon, by the way speaking of water I was spe~king to one of my neighbors , a young couple who have just built a house on Starrs Road, they have been allowed to move into the house but they have been qiven the certificates of occupancY because of the water. It is of such poor quality that they can't drink it or use it for washing clothes and this is' something that you can check into. so they were told that · ~ ~ ~ r~ pg (20) -- 3/12/84 Jane Gorell: the only they could get a CO was to put into a filter which will cost them 1600 dollars and which I believe has to be cleaned or replaced once a year. So we don't have safe water out their and we also do have flooding problems, another thing I would like to say alt.hough this is coming up for approval at this meeting the roads for Highpoint'SectionII have already been cut, the developer had gone ahead and begun putting in the roads, and it is still up for approval. That is all I have to say at th~s point. Mr. Raynor: okay, thank you is there anyone else this evening who would like to speak in opposition, yes, maam. Marie Smith: My name is Marie Smith and I live in East Marion and Jane I have been trying hard to bring them out. Tomorrow we have another hearing on another development in East Marion on the other sid~ of Rocky Point Road, according to Mr. Turner's map. Mr. Raynor: Another hearing? Not by this Board. Mrs. Smith: I am sorry but I lump you all together. Mr. Raynor: We've been lumped in alot of places. Mrs. Smith: Twenty-five plus acres on the We~t side of Rocky Point Road it will be relief fr~m the bulk requirements, I believe they are seeking one-acre from two-acre zoning. Mr. Raynor: Alright, that must be Hodor-Staller's application. Mrs. Smith: Yes, there was supposed to be a hearing, Ruth and I knew all about the hearing and they never showed up, they claim they never knew about it, they must have a very poor lawyer. All I want to know is on MB. Tu~n~map the only open space left in East Marion is the cemetry. Where are we going t~ get our water from, every time Greenport think of a new wellits is East Marion what they're drilling there isn't any good. That is all I have to say. Mr. Raynor: Thank you very much. Is there anyone else this evening whO would like to speak in opposition to this proposed subdivision. Mr. Wagner? Mr. Wagner: Mr. Raynor. I want to talk, I was for 8 days around the place were you wankto build the house over there, but it is farming land. This farmin~ land is a clay land the water stays on rainy days there. I think this is no good when you want to build houses over there on this land. We have already troubles on the Starrs Road, ~ live on the Starrs Road before you go on the hill high, I have on my place 180 feet long tree sewag~ over there, when we have rain for 2-3 hours, I can not go out to my property. I need boots on so I can see my numbers, my neighbors, so bad it is over there. The road on the Starrs Road, the people in the cars, they are driving around. The road is very bumpy, the Town of Southold, the Highway Department, they put alittle earth on , a little sand in 4-6 weeks, they clean this thing up. The road is still the pg. (21) ~ 3/12/84 Mr. Wagngr: same, bumpy. That is no good, this is money thrown away. Mr. Starrs, the one who owned this property, he did the road only purposely so good as the requirement was at the time. The road is no good, and they are building alot of houses on the road. The pick-up trucks running, we people there we have only passenger cars, we don't run the cars in the road. When you wnat to build houses over there, you run into a terrible situation with the water supply and with drainage. And,. I am afraid Df my drinking water also, last year I had a problem with my well. My well was made 1963 and I built my house over there, the Mattituck plumber said my water was 40-45' down, and there was water. Last year I had trouble, I checked it out, I have now 8" of water. So much we are sinking already, we have people already in Starrs Road, Which need already a deeper well and they pay 3-4,ooo dollars. I want to say to you people, you have to look inthe future, when you do something in our area, more and more farming land must be , and what is very important is that in our houses, we can't live. We don't know what is going on later on, and what happens later on. The o~her thing is-who pays for it- TheTown of Southold, it can not fix the road already. Every year the house tax is raised, we are suffering. In the other hand, I want to say, when we build this thing, the Town of Southold will have to put out the money to pay for that. We may also need more ambulances for all the people, and who will pay for that, the people in Orient, the people in Southold. I am not against building houses for all the people, but you are taking a big risk. I think the Board have to study this really before the trouble comes in. If the houses are there you can not put them away. I can't believe you are allowing more houses on the section here. Let'the farmland be used for grapes. We have not sQ.much farmland, we have only farmland. Thank you very much. (Mr. Wagner spoke with a heavy German accent and much of his comment was inaudible.) Mr. Raynor: Thank you is the~ anyone else who would like to speak in opposition to this proposed subdivision. Mr. Dowy: Yes, my name is John Dowy and the thing that gets me is yQu have, I didn't read every word in the paper, I missed the hearing that they approvsd already, but now I just counted the houses, I live on~ta~r~ Road. I counted the houses, a rough count, and over half of the people that pay taxes and have houses there, they are not there now, the~ are summer people they might come on w~ek-~ends. Think, this is March 12, it is winter. When ~±d you have the other hearing, what dste was that? Does anyone know? Mr. Raynor: I would have to review it, it had to be sometime in the fall. Mr. Dowy: Well, it doesn't matter it was probably sometime in the winter when nobody was here. I think if you have a hearing like this you should have the people adjacent to the property so they can voice their opinions too. Thank you. Mr. Raynor: IS there anyone else in opposition? ~-~ pg [22) ~ 3/12/84 Mrs. Frenti: My name is Maria Frenti I oppose, I am in opposition, and I would like to say I agree with the other residents in the area that I don't like the idea of high density lots broken down the way they are. Mr. Raynor: Thank you very much. Is there anyone else present who would like to speak in opposition. (Hearing None) Last call. We want to get everybody in that is what this hearing is for. Alright is there anyone present this evening who would like to speak in favor of this proposed subdivision entitled Highpoint at East Marion, Section II. Mr. Freidman: Good evening, I am Leon Freidman, I represent the developerL~Tf-~ighpoint. (the audience mentioned they could not hear him) I am sorry, my name is Leon Freidman, we represent the developer of Highpoint at East Marion, Section II and we are here in support of the application. Basically, we have some information we wou~ like to impart to theBoard. (audience again mentioned they could not hear) I would just like to briefly respond to a few of the things that were said tonight without getting into a very extensive argument. The developer of this property paid for it and has embarked on a program of expansion of houses, so that people like you can come out to'Long Island and enjoy some of the~benefits. We would like to point out that there excellent water conditions, tests have been made. Drainage will be provided, in the Master Plan. The land is high and will not be subject to flodding, the road whic~ you are talking about has been laid out or built at the request of the Town. Insofar as that is concerned, that is our big response to the opposition that was voiced and as far as addressing the Planning Commission, we would like to informally point out that this application is part and parcel of SectiOn ~I, the original maps that were filed, the 58 acre map, that was filed as the preliminary map is contained in the Section I file and we would like to make sure that that file is made part of the record for the application of Section II. In the event that those maps are not part of the record, we would like to have an opportunity to submit it, the maps with the 58 acres the preliminary sketch map and the subsequent maps that were filed so that the record will be complete-and my first inquiry is to whe~er you have the Section I filed here or whether we can... Mr. Raynor: We do, that is public record. Mr. Freidman: It will be made part and parcel of this particular application so that there is no need for us to take us through all tho.se other maps. M~. Ray~or:~No, Section I has already been filed. Mr. Freidman: I was just like to add that the filing was really an overall filing for the entire section and that we have had approvals from the various Suffolk County authorities and Town authorities have overviewed this whole development as one particular subdivision and one particular filing. We have had some changes that were required to be made in Section II that are not part of Section I, but they were all done at one particular time, one particular overall plan. And, we are, we also have our engineer present in case there be any particular questions concerning any of the problems that are raised as far as this subdivision is concerned. And we would like to ask ~ pg (23) ~ 3/12/84 Mr. Freidman: that you approve this subdivision and if you have any questions, we would like to be able to address them. Mr. Raynor: Thank you, that is all to present, maybe there is someone.else who would like to speak in favor of it, if so, we would like to hear from them. Thank you Mr. Freidman. Is there anyone else present who would like to speak in favor of this proposed major subdivision o Hearing none, is there anyone present this evening who has some information that should come be~6re this Board at this time that may be neither pro nor con but would help the Board in making its determination on this proposed subdivision. Jean? Mrs. Teidke: I would just like to comment on what this gentleman said, I think you really have to decide where your going, and I don't think that can be done under the pressure of all this developing going on. I personally believe it was a big mistake that the moratorium was not put in. I think now you do have a chance, if East Hampton can do it, the Town of Southold can do it. Any development over whatever size you want to pick will not be considered until the Master Plan is finished. And, I think that we're in trouble and we are going to be in more trouble unless we do slow down and take a look. Mr. Raynor: Thank you, Jean. Is there anyone else that has anything pertanent to this subdivision that should come beforeethe Board at this time. Mr. Wagner, you had your hand up? Mr. Wagner: Mr. Sutter, I want to add something else. Many people are afraid to talk over the situation, and they don't want to talk. (parts were inaudible) Mr. Raynor: Fine, let them put any response they have in, if you mow of anybody who is relectant to speak, they certainly know how to write to us. Mr. WagnRr: I want to have a paper to all the people who live in East Marion, yes, or no. (parts inaudible) Mr. Raynor: Thank you Mr. Wagner. Mr. Wagner: Let all the people who can put the names down, which one agree, which one'don't agree. I think this whole situation is overdoing. I think lin this situation, what we do, what we want to do... (inaudible) the farmer wants to sell his property and the builder wants to make money. And we how areliving in East Marion suffer for that. For years, and years they put the money in the pocket, they say goodbye, I make my money already, we are living steady over heae. The Town of Southold have to rais~ the taxes, it cost alot of money, and who pays, the Town of Southold doesn:'~ have any money. (again parts were inaudible due to his accent) Mr. Raynor: Thank you very much Mr. Wagner, is there anyone else. Yes, gesturing to someone to speak. Mrs. Smith: Has there been any testing ~f water on this tract of land. Mr. Raynor: Yes, we'll qet to that that falls under the jurisdiction Mr. Rayn It will Mrs. smi plans be Mr. Rayn~ not. An, -~ pg (24) f~ 3/12/84 )r: of..the Suffolk County Department of Health Services. )e addressed. ~h: It will be addressed? but in the mean time, will the approved. )r: No, not without their stamp of approval, absolutely )ne else, (hearing none) members of the Board, Mr. Latham? Mr. Latham: None really, just a new road bond for the section? Mr. Raynor: Yes, a new road bond for the section, Mr. Wall (none) M~. Orlowski (none) Mr. Mullen~ Mr. Mullen: Yes, I had a questiOn, it is my understanding that this is in two sections but it is one application and we have I believe two seperate surety bonds,are going to be put into position on this? Mr. Raynor: That is my understanding of it. Mr. Mullen: Okay, that is all. Mr. Raynor: I have one other comment, whatever decision this Board may come to within the next 45 days i~ should be noted that number one: the Suffolk County Department of Health Services has not been received for Section II, the inspection fee has not been paid on this and as yet, the Town Board has not approved their recommendation for the Bond. Those would all be conditional on such things happening now and the 45 days period when this Board makes a decision. That pretty much concludes this public hearing thank you all for coming do~n and participating and giving your input. 8:30 Public hearing on the question of approval of the minor subdivision of Country Club Estates, lot No. 32 located in Cutchogue. On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board dispense with the reading of the metes and bounds description for tne property of Country Club Estates, Lot No. 32 located at Cutchogue. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall Mr. Raynor: Publication is for minor subdivision hamlet of Cutchogue containing p~operty, 147,000 square feet, proof of publication ran for one week in the Suffolk Weekly Times and is signed by Susan Allen and notorized by Judith Chien, publication also ran in the LI Traveler watchman for one week, the first of March signed by Pat Woods, notorized by Clement Thompson. We have a receipt of the file from the Town Clerk filing fee in the amount of $50, in the file is correspondence from this Board to the attorney of record, Gary. Otsen setting tonight's meeting down as the hearing as of this time and date, correspondence from this Board t~ coun~l with-regard to resolution approving the sketch plan subject to covenants and restrictions that no further subdivision no access to lots from the Main Road and a 25 foot right-of-way turn-around be designated on the map from Linden Avenue. More -~ pg (25) -- 3/12/84 Mr. Raynor: correspondence from this office to the attorney description of the property, declaration of covenants and restrictions stating there be no further subdivision and no access from the Main Road signed by the applicant Philip Babcock. Correspondence from the Town Attorney, correspondence from this office to the Suffolk County Planning Commission, correspondence from Young and Young to this office transmitting maps, correspondence pertaining to condition 3 set forth in the Board's resolution initially. This pretty well completes the file, as is the proceedure this evening if there is anyone present who would like to speak in opposition to this proposed minor subdivision of Country Club Estates, Lot No. 32? Hearing none. Is there anyone present who would like to speak in favor of this proposed minor subdivision. Mr. Olsen: My name is Gary Olsen, I'm an attorney having my office at Main Road, Mattituck, and I represent the applicant of Country Club Estates. The two parcels to be created, parcel No. 1 would have an area of approximately 58,000 square feet parcel No. 2 would have an area of almost 89,000 square feet, this has been be{ore ~he Board before, the applicant has filed proposed covenants and restrictions with the~Planning Board that the Board requested, that there will be no further subdivision of these two pieces and also that there will be no access from the Main Road that it will come off of Moores Lane, known as Linden Avenue. And the maps comply with the requirement of the Planning Board. I am hear to answer any questions, but I respectfully request that the Board approve this application. Mr. Raynor: Thank you counsel, is there anyone else present this evening who would like to speak in favor of this proposed minor subdivision? Hearing none, is there anyone present this evening that has some comment for this Board on the proposed application that may be neither pro nor con but would be of an aid to this Board in making their determination. Hearing none, members of the Board, Mr. Latham (none) Mr. Wall (none) Mr. Ortowski (none) Mr. Mullen,(none). To date we are lacking the Suffolk County Department of Health Services approval on this and I note in the file that the initial submission of Country Club Estates c & R's we do not have a copy certified by the Town Clerk, rather the County Clerk. Mr. Olsen: I can give you a photocopy. Mr. Raynor: Would you give us a photocopy, I don't know.. Mr. Olsen: Of the set filed with the Suffolk County Clerk's office? Mr. Raynor: Right, we have your covenants and restrictions but for some reason our file copies do not reflect the receipt of the County Clerk. Mr. Olsen: Oh, that is because it hasn't been filed yet. Mr. Raynor: That is a good reason they don't reflect it. Mr. Olsen: I have the original, I thought that's what you were referring to. Mr. Raynor: No, I thought... Mr. Olsen: You have the original covenants and restrictions which were requested but they have not been filed because this hasn't 0 pg (26) ~ 3/12/84 Mr. Otsen; been formally approved. Mr Raynor: No, I was speaking~ I got the informati.)n this afternoon that the initial submisSion o~ S©~ntry Club Estate~, our file copy for the number of lots doesn't reflect the Co'lnty Clerk's receipt. Mr. Olsen: Do you mean the main set that was filed Mr. Raynor: Yes, that is right. Mr. Olsen: I can give you a photocopy of that. Mr. Raynor: That's fine, great. Alright there bei]lg nothing further, no further input with regard %o this subd.vision we will deem this hearing closed and thank you for co]~ing in this evening. 8:45 p.m. Public hearing on the question of approw~l ~f the~ final maps for the minor subdivision of Robert and Jean ~enzner located at Mattituck. On a motion made by Mr. Latham, seconded by Mr. W~ .1 it was RESOLVED THAT the Southold Town ~lanning Board di ~ense with the reading of the metes and bounds for the proper ~y of Robert and Jean Lenzner located at Mattituck. Vote of the Board Ayes: Raynor, Mullen, Orlowsk., Latham , Wall Mr. Raynor: This is a proposed minor subdivision s2.tuate~ at Mattituck, and let me see the map, the legal descr:.ption has left off the total acreage. (after re~eiw of the map) c(~nsisting of approximately 35 acres~. Mr. Orlowski: It is 36 Mr. Raynor: Thirty-six, alright, for some reason ~he legal notice has om~ited~,~that section. Proof of publicat~ on ran in the Suffolk Weekly Times for one week conunencing tt.e first of March and signed by S~san Allen, notorized by Judi~.h Chien, also ran in the LI T~aveler Watchman commencing on the ~ irst day of March and it ran for one week signed by Pat Woo~, notorized by Clement Thompson. In revlew of the file, it is a subdivision pending since, I think about 1977. In the file, orrespondence from this Board to the applicant% attorney Mr. McN~ ity setting tonight for a public hearing, correspondence from ~he Town Attorney with regard to covenants and restrictions prepared for the property, correspondence from our Board to him ~nd correspondence from our Board to him and correspondence from the SUffolk Cc unty Department of Health Services which had originally rejected i he information submitted data on this subdivision and iater is sa s a hearing held on January 18, 1984 you had an opportunity to~ appeal and it was forwarded under Section 220, of Article 2, cf the Suffolk County Sanitary Code: Based on the information subn itted that the application be approved providing a covenant is included in the deed ~ihch clearly states that the wa~er quality at the time of the last sampling exceeded the drinking water standards, and that treetment may be required on individual wells at this site. pg (27) Mr_ Raynor: si~gend by Aldo Andreoli, direct( Health, corresPOndience from.the a~Plicants att~ appreciate if you would furnish me with a Covenants you would like filed so that I can enc~ one document and submit same to the Board of Heal approval, correspondence fro~his Board to the apt going back to March of 1983 comments from the Su~fo~k C Department of Plannin~ after due study and deliberation re~olve to approve said map sub~ec~ to 7 conditigns: 1. No lot will be Subdivided in any Other manner~! 2. No grading Shal~l be permitted'Within 50 feet Of the edge of the bluff. 3. No residential Structures and sanitary disposal facil shall be constructed Within ~0~ f~e{ Of %he %~p ~dge of 4. No stormwater runoff resulting from the development improvement of this subdivision or any of its lots shal be discharged on the face ef the bluff. 5. Access to the beach shall only be by means of a sui structure designed/and constructed in a manner that will in the Ieas~t d~turbance Of the stability of the bluff correspondence from this Board declaring itself lead age the State Environmental Quality Review Act, and the furt file as is the proceedure at this type of public hearing will ask if there is anyone present this evening who wou like to Speak in opposition of the proposed minor subdiv of Robert and Jean Lenzner. Hearing none. Is there anyo present this evening who would like to speak in favor of proposed minor subdivision. Mr. McNulty:.My name is John McNulty, I am the attorney applicant. I believe the file is complete, ~xcept for th and restrictions, we would like to encompass the requirel the Board of Health in those covenants and restrictions it as one document. rding t in their attorney unty we op ities the bluff. and be ~ble result cy under ~e r rom this hions ~=s the we ld is ion ~e this lot the covenants ent from ~nd file Mr. Raynor: Do you have a draft of that? Mr. McNulty: No~ I d~n't~because I didn't get the copy fr~m your Mr. Rayn~r: weTl,_yeu d.~d~,% get the c~py from our.offiCe becaase the Town Attorney just, responded to us stating he would like some specific nature of what is being contained by the Department of Health Services, perhaps it would be advantageous for you to contact his office directly. Mr. McNulty: Ail they requi~e is a statement that the water quality doesn't meet the standards . I think the standard was 10 parts per million or billion whatever it is and we had 11 parts. That level of nitrates is exceeded in many municiple water supplys.The Board of Review considered it in this particular case. Mr.Raynor: I think it wo~td expedite your effort if you contact the Town Attorney. ~ pg (28) .... 3/12/84 Mr. McNulty: Any question~? Mr~ Raynor: Not at this point. Maybe some other people would like to speak in favor of this. Is there anyone else present that would like to speak in.~fa~-or of this proposed subdivision of Lenzner. Hearing none. Is there anyone present %his evening who would like to give the Board some information that they may have that may be neither pro nor con but should held the Board in making any determinations. Mrs. Teidke? Mrs. Teidki:The legal notice did not say how many acres. Mr. Raynor: Yes, I noted that I had to go back in 'reference to the map in order to have in included in the record. Mrs. Teidki: I didn't hear that, how many acres? Mr. Raynor: Approximately 36 acres, any other questions or comments pertenant? Hearing none~ Mr. Mullen any questions? (none) Mr. Orlowski? (none) Mr. Wall? (none) Mr. Latham?(none) Number t we will await those conditions on the C & R's from the Department of Heal~ Services, Number 2 the balance of the large tract, do you propose any C & R'S on those? as far as future subdivisions? Mr. McNulty: What? Mr. Raynor: we are dealing with two large parcels one was 16 acres and one was 40 acres. Do you have any particular covenants that would pertain to future subdivision? Mr. McNulty: I understand that before you subdivide it you would come back to the Planning Board. Mr Raynor: Fine, I didn't know whether there was anything you wanted to include at this point. Alright, there being no further questions, we wil ~eem this hearing closed and thank you for coming in this evening for your input. Mr. McNulty: Thank you. 9:00 p.m. Mr. Jim Gray of Pudge Corp. was present for a pre-submission conference on his site plan for a shopping center located in Southold. Mr. Gray explained that the Post Office had Changed, therefore, he nOW h~s pr0p0se~d individual units. Mr. Gray also submitted new plans ~hOwing parking and the individual shops. He explained that the access is on fthe Main Road, th is one-way ~n the East side~bu~ two-way traffic on the West side coming off the Main'~Road. He asked for relief on the buffer zone on each side. He mentioned to the Board that he intended to join the proposed parking field with the parking field of the library. He explained that he was acquiring the property to the West right up to the parking~ f~ 1~ of Town Hall. He presented maps showing th~ elimination of ti buffer zone and the proposed parking with access from the Town Hall parking field right throu§ behind the Post Office right into the public library and the access will be through Traveler Street in two locations, the post office would have it's own access~~ The Board questioned the percentage of lot coVerage of the buildings and Mr. Gray stated that the buildings cover 2 ,000 square feet pg (29) 3/12/84 Gray DrersubmissiGnJ confer~ and ~he complete land is ii be 30,000 square feet of 5,009 ~qua~e feet of %he Pc o~ ME. Gray's building). M~ of buffering. Mr. Gr~y di~ Board stated they would ne~ The Board alSO ~equested and submit drainage plans, computations. Mr. Mutlen q~ policemen" on the road as and whether they will be ad Cross Sound Ferry-Mr. Youn¢ located at Orient. T~e Bo~ site and report back to t'he was suitable. · nce cont. 5,000 square~feet, therefore it would ~uildi~g sPace (this was including the .st Office with'-:.~he 25,0~0 square feet '. Rayn0r also 'questi0~e~ the percentage not have this computed and the d a series of mathematical computations. hat Mr. Gray obtain any relief first, and composite drawings as well as the esti~ned as to the use of "sleeping ell as the number of parkin~ spaces aquate. was present to discuss this site plan 'd requested Mr. Latham to Visit the 'Boar~cas~ito the area~and if.~hen~roposal Leon Marcus-Mr. Cuddy was present to request a public hearing on the proposed subdivision, 1Dcated at Greenport. On a motion made by Mr. Mul RESOLVED that the Southold 1984 at 7:30 p.m. at the S~ as the time ~n~i~.lace for_~ approval of the minor subdf Greenport. len, seconded by Mr. Orlowski it was ~own Plann~ing Board set Monday April 9~ ~thold Town Hall, Main Roa~ Southold ~Ublic hearin~ on the question of ~sion of Leon Marcus located at Vote of the Board: Ayes: Raynor, Multen, Ortowski, Latham, Wall William Chudiak-Mr. DeP'et was present to discuss the two proposed set-Offs located a~ k. On a motion made by Mr. Orl~ ski, seconded by Mr. Latham it was RESOLVED that the Southold ~own Planning B~ard approve the set-off (106-13) of William Chudiak (#368) located at Ma%tituck. Vot~ of the Board: Ayes: Raynor, Mullen, Orl.owski, Latham, Wall On a motion made by Mr. Orl~wski, seconded by Mr. Wall it was RESOLVED that the southold| Town Pianning Board approve the set-off (106-13) of William Chudiak [ .#374) located at Mattituck. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall pg (30) Fellinger-Iihar Mr. Fell~nger-'Ihar was pre hearing on the major sukdivision of Woodk Cutchogue. On a motion made by Mr. RESOLVED that the South¢ on April 9, 1984 for thc of Woodbine M~nor.~ loca Vote of the Board : Following this resoluti~ to amend his maps to crc 13 lots along the road. be up for a final heari] Mr. Fellinger-Ihar agree only wanted the lots ale Latham, seconded · d Town Planning5 final approval ted at Cutchogue. yes, Raynor, Mull n, Mr. Fellinger- ate two sections, The Board 'stated if the amended to re-schedule ng the road to be 3/.2/84 tent to requ~st a final .ne Manor lo~:ated at Dy Mr. Orlow:;ki it was oard set a p~blic hearing f the major subdivision en, Orlowski, Latham, Wall Ihar stated that he wished Section I would be the that this could not maps have not been submitted. the public hearing as he approved at this time. On a motion made by Mr. Latham, seconded RESOLVED that the Southqld Town Planning resolution for a public hearing and will until, the re-designed m~ps are received. by Mr. Orlowski it was Board withdraw the previous hold this in abeyance , Orlowski, Latham, Wall. zzo proposed subdivision Voteof the Board: Ayes: Raynor, Muller] Following a field inspection of the Rands tocated~ a.t Southold the following action was taken. On a motion made by Mr. Wall, seconded t y Mr. Multen it was RESOLVED that the Southold Town Planning Board grant sketch approval to the minor Subdivisio~ of Randazzo B~ildin9 Co~ located at Southold dated November 1,1983. Vote of the Board: Ayes: Raynor, Mull~n, Orlowski, Latham, Wall On a motion made by Mr. Mullen, seconded RESOLVED that the Southold Town Planning ~ge~cy under the State Environmental Qua~ to the minor subdivision of Randazzo Buil An initial determination of non-significa Vote of the Board: Ayes: Raynor, Mulle The Board set the following new proposal~ Greenfield-Peconic Sledjeski-Orient Dimaggio-Southold Rosenstone-Cutchogue Wanat-Mattituck Troyano-Peconic Kruse-Matti Christie-La Simichich-M Tuthill-Cut Albertson-S McKay and ~ by Mr. Latham it was Board delcare itself .lead ity Review'Act with zegard ding Co. located at Southold nce has been made. n, Orlowski, Latham, Wall for a field inspection: ~uck urel attituck chogue outhold reenly at New Suffolk On a motion made by Mr.Mullen, seconded by Mr. Orlowski it.was RESOLVED that the $outhold Town Planning B~ard approve the set- off (106-13) of Bertha Okula located at Orient dated February 21, 1984. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall It was noted that this set-off received Board of Appeals approval due to the insufficient area. 01d Town Park-Mr. Bitses requested that the Board review his correspondence of FebruarY 22, 1984, the Southold Town Planning Board stated that they needed more time for reviewing the application and the correspondence submitted. DESCRIPTION OF ACTION The Set-off of Caminiti-Gillispie i~located at Southold. The project has been determined!not to.have a significant effect on the environment for the f~l~reasons: .................. An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Department of Environmental Conservation has stated that no DEC permits are necessary. This is an unlisted classification, and the DEC cannot be lead agency because it has no jurisdiction in this action. Because there has been no response in the allotted time from the Suffolk County Department of Health Services it is assumed that there is no objection nor comments by that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 ~ -~ pg (32) - 3/12/84 DESCRIPTION OF ACTION The minorsubdivision of located at Southold. The project has be~n determine. effect on the environment for the f An environmental assessment ha indicated that no significant environment were likely to occ be implemented as planned.. Margery D.Burns is a three lot subdivision ~ not to have a significant )llowing reasons: ~ been submitted which ~dverse effects to the ir should the project Because there has been no res from the New York State Depar Conservation it is assumed th~ nor comments by that agency. The Suffolk County Department stated no objection to the le is agreement with hhe initia department has received an apl and it is noted that test wel )onse in the allotted time 2ment of Environmental ~t there is no objection of Health Services has ~d agency designation and [ determination. The )lication and it is incomplete and test hole data has been requested fo~ the applicant. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M.Schultze~_q~ Secretary, Southold Town Planning Board, Main Road, Suuthold, New York 11971 Thomas Samuels-The Board reviewed the correspondence from the Department of Environmental Conservation and the Suffolk County Department of Health for this minor subdivision located at Orient. It was the concensus of the Board to request that Mr. Samuels appear before the Board at the next meeting to further discuss his proposal. Peter L~hrs-The Board reviewed the correspondence.from the Building InspectOr for this proposed site plan located at Southold for a light tru'ck and car repair shop. It was ~ot~d tkat buffering is needed~ Qn the West side since the driveway ~must be 10 feet from the lot line. .... -~. ~ pg (33) 3/12/84 On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board approve the site plan "Peter Luhrs" for thc construction of a light truck and car repair shop located at Sou~hold subject to revised maps .submitted ShoWing a 18 ~f0ot wide buffe~n~ on the West side of the site plan. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall Pipes Cove-Greenport: Mr. David Kapell was present to discuss the proposed set-off. The Board'reviewed Mr. Kapell~s correspondence regarding covenants and restrictions which the Board requested. It was the concensus of the Board to contact the Town Attorney regarding the covenants and restrictions. On a motion made by Mr. Latham, seconded by Mr. Orlowski it was RESOLVED that the Southold Town~Plan~ing Board accept Inspector Davis' access road report No. 345 with regard to the road within the ~n0r Subdivision of Peter Druhl,(No_18)~located at Southold. Vote of the Board :Ayes: Raynor, Mullen, Latham, Orlowski, Wall On a motion made by Mr. Latham, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board accept the access road report of Inspector Davis regarding the access road within the subdivision of Herodotus Damianas, report No. 344. Vote of the Board : Ayes: Raynor, Mullen, Latham, Orlowski, Wall On a motion made by Mr. Wall, seconded by Mr. Mullen it was RESOLVED that the Southold Town Planning Board accept the access road report of Inspector Davis regarding ~he access road within the minor subdivision Of Blum and L~ttell located at Cutchogue, ~eport No. 346. Vote of the Board: Ayes: Raynor, Mullen, Lahham, Wall Mr. Orlowski abstained since he owns Lot No. 4 within this subdivision. Manos at Mattituck: On a motion'made by Mr. Orlowski, seconded by Mr. Wall it was RESOLVED that the Southold Town Planning Board will amend the resolution of ~ _e~a~6, 1~84 wi~h regard to the access roa report of Inspector ~a~is for the road within the subdivision pg (34) ~ 3/12/84 of James Manos upon withdrawal of the Article 78 pending before the Board. VOte of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall Entenmann- The Board has requested clarification as to the covenants and restrictions for the two large parcels within this subdivision located at Mattituck, and are awaiting same from the applicant's attorney. On a motion made by Mr. Latham, seconded by Mr. Wall, it was RESOLVED that the Southold Town Planning Board approve the bond estimate of Lawrence Tuthill for the roads within the subdivision of Highpoint SectionII located at East Marion. The Southold Town Planning Board recommends this bond amount to the Town Board. Vote of the Board: Ayes: Raynor, Mullen, O~lowski, Latham, Wall On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board approve the minutes of the meeting of February 6, 1984. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall On a motion made by Mr. Latham, seconded by Mr. Mulien it was RESOLVED that the Southold Town Planning Board approve the minutes of the special meetinq of February 15, 1984. Vote of the Board : Ayes: Raynor, Mullen, Orlowski, Latham, Wall On a motion made by Mr. Latham, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board set April 9,1984 at 7:30 p.m. at the Southold Town Hall as the time and place for the next regular meeting of the Board. Vote of the Board: Ayes: Raynor, Mullen, O~lowski, Latham, Wall On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was RESOLVED that the Southold Town Planning Board a~p_~rove the site plan "~Brewer Yacht Yard" located at Greenport ~~ction of a cement electrical Vault. Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall pg (35) ~ 3/12/84 On a motion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board refer the site plan "Nick Aliano" to the Department for certification. hotetBuildin~ a ~ Greehport. This site plan proposes a located Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall The following applications were held-over due to the time: Greenport Mall-Greenport Conklin-Greenport Winds Way-Southold Scire- Cutchogue Merrill-Laurel ~rigonis-Southold D'iVello- Mattituck Blair-East Marion Being no further business to come before the Board, Mr. Latham made a motion to adjourn, secended by Mr. Mullen and carried. Meeting adjourned at 10:30 p.m. ~espect_full~ submitted, ~ /--~ane M. Sc~ultze, Secretary .uthold Town Planning Board IRECEIVED AND ~/LED BY THE SOUT~OLD TOWN CLERK Town Cle]:k, Town of Sq~fhold