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HomeMy WebLinkAbout3542 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 11.2. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK). Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII), for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS~ a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDEMARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block 01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article , V, Section 100-50B, (Article XIII) for permission to construct ~Motel Units. · Page 2 - Appl. No. 3542 Matter of CLIFFSIDE ITIDE MARK) Decision rendered on November 2, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B(4), as corrected. ~ (1) Article VI, 100-61B (4), the nature of this present application is for a special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. [2) Hotel or motel uses as set forth in and regulated by 100-61B(4) of the Resort Residential (RR) District. (3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson). 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was · Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE~) as applied under Appeal No. 3542 for the placement of 68 Motel Units and i Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units~o~y~c~e~ 600 sq. ft. in size. [Article VI, Section 61B4(el] 2. That a sign be placed on west-side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark (landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the co~encement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df Southold Town Board of Appeals ~~~ M^,..o^D- s~^~rE.o^n 2s p.o. sox .79 sou~.o-~. L.,....¥..sT~ ~ TELEPHONE (516) 765-1809 FAX No, (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. · Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1), as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3. 7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. .Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-31, as disapproved), for approval of insufficient areas in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. .Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:55 p.m. Appl. No. 3864 - LOEPOLD STEP/N. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. · Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. .Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A), as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4. .Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: Mattituck, County Tax Map No. 1000, Lot 028. 50 Captain Kidd Drive, Section 106, Block 03, · Page 8 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BER/qARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Variance~ to the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in ~his Resort/ Residential (RR) Zone District. Property Location. 61475 County 48, Greenport, C°u?ty Tax Map N°' 1000' Secti°n 045' Bl°ck 01' L°t 01' ~ ~ .Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, East Marion, in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot 21 units. · ~age 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ..~.~ .~...~.~ ~.. · for permit to construct . . .,~ ~ . . .L(~v~-~t. ........................................ at County Tax Map No. I000 Section ... ~.~. .... Block .... ~ .I ....... Lot ...~.~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~. ~ .t.fl.~...?'... ~4t.~..~~' .) ..o~..--.~"~ rS ~.. ~.~. ~..~...~.. ~....%.. ~.~. ~.~ ..q....~c~.. ,..~-. ~.~ ~..%.~.~.~....~.~...~ .~.. ~..~ ..... .C~,.. ' .~... ~ ,,,:. . ~ . .~¢~;.' ~ ................................................ Building Inspector RV RECFI~ JUL 2 8 1986 T,~,. C,~rk Southold i~OWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. 3~q-~_, Date Filed: ?,/~,~,/'~ I (We), Cliffside Associates of 72 N. Ocean Avenue~ ("Residence, House No. and Street) Patchogue, NY 11772 (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE V , SECTION 100-50 , SUBSECTION B (4) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): s.c. Tax Map #1000-045-01-02 Property is located on the northwest side of Middle Road (C.R. 48), Greenport, New York. Property is currently zoned M-1 Zone. Request is hereby made for Special Exception permission to construct 76 motel units in accordance with Section 100-50 B (4) of the Code. The proposed use will comply with Section 100-121 C of the Code. A. Statement of Ownership and Interest· Cliffside Associates is(are) the owner(s) of property known and referred to as Middle Road (C.R. 48). Gre~nDort. N~w York ('House No., Street, Hamlet) - ' identified on the Suffolk County Tax Maps as District 1000, Section 45 , Block ~ , Lot(s) 1 & 2 , which is not (is) on a subdivision Map (Filed - , "Map of "Filed Map No. , and has been approved by the Southotd Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned M-1 [ ] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [X ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK' ss · ~ ~-, - ) " -S'I' na ~ ( 'g ) Ri~'h~rd Pellicane Sworn to hero, me this ~ day of July . ]986 . Attorney for Applicant (Ndt ~ ry Pr~u~l i c ) MARY LOU DREEBE-~-- ZB2 (rev.~)/6 '86 ' NOTARY PUBLIC, State of New York · / ) No. 4763129, Suffolk County Commission Expires March 30, 19--.Aa and /~- ?~"-t~ z TOWN OF SOUTHOLD ISTREET FORMER OWNEI~ RES. LAND AGE SEAS. IMP. PROPERTY RECORD CARD VILLAGE DIST./ SUB. E,,: .,' ,,/L/ t~ I ACR. ~ -, ~- ,_ j ~PE OF BUILDING LOT IC0MM. CB. MISC. Mkt. Value FARM BUILDING CONDITION NEW NORMAL BELOW- ABOVE FAI~j~ Acre Value Per Value Acre Tillable 1 I Ttllable 2 Tillable 3 Woodland Swampland ! Brushland FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK House Plot Total RICHARD PELLICANE ~A~T~ORNEY A~ LAW March Mr. David Emilita 30 Wooley Street Southampton, NY 11968 Re: Tide Mark - Situate at Greenport Dear Mr. Emilita: I represent the applicant. The enclosed DEIS relects 46 Please amend to 76 motel units. Thank you. (516) 283-7200 19, 1987 dwelling units. RP:sjk Encl. cc: Richard Haefeli, Mr. Henry Raynor Esq. Very truly yours, Richard Pellicane HAND DELIVERED 25 BOWDEN SQUARE. SOUTHAMPTON, NEW YoRK l1968 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) '/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 1989 Henry Raynor P.O.Drawer A Jamesport, New York 11947 Re:/Cliffsi~/Tidemark Hotel ( Cou~gJF~ Road 48, Greenport '--MCTM # 1000-45-01-1 Dear Mr. Raynor, This letter is to confirm our conversation of December 4th, in which we discussed the floor plan for the transient motel, Cliffside/Tidemark. It is the consensus of both the Planning Board and the Building Department that the individual hotel units shown on the floor plans (building plans) that were submitted to the Zoning Board of Appeals, the Building Department and the Planning Board exceed the 600 square foot total square footage allowed per unit. The Town's Zoning Code states that the maximum size of a guest unit shall be 600 square feet per unit: there is no provision for excluding square footage for bathrooms, etc. (Section 100-61.B. (e). If you should have further questions or concerns, please do not hesitate to contact me. Very Truly Yours, Valerie Scopaz~' Town Planner for Bennett Orlowski, Chairman Jr. CC: Gerard Goehringher, Zoning Board of Appeals Victor Lessard, Principal Building Inspector INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE TO: FROM: DATE: REF: ~ '! James A. Schondebare, Town Attorney MEMORANDUM TO: File FROM: Valerie Scopaz, Town Planner DATE: December 13, 1989 On the Friday, IDeeember 8th work session, the Planning Board reviewed the floor plan of Cliffside/Tidemark with Victor Lessard, Principal Building Inspector. The following points were discussed: ~_ _ 1. The~floor plan that was submitted to the Planning Board and the Building Department indicates that the unit sizes are greater than 600 square feet each. This is in contravention to the Town Code. 2. A building permit application has been made to the Building Department. However, it will not be issued until after the Planning Board has issued site plan approval. 3. The Town Engineering consultants have' requested additional data. The applicant was notified of this verbally. Contact has already been made by both Planning staff and the applicant's representative, Henry Raynor, with the Town Engineer to rectify the drainage information needs. cc: Building Department / Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board revise the resolution of February 27, 1989 whereby it adopted the findings of the Final Environmental Impact Statement by reference. And, to incorporate the findings statement into the resolution itself, to read as follows: RESOLVED that the Southold Town Planning Board accept and adopt the findings of the Final Environmental Impact Statement dated February 1989 as follows: The final design of the project must be reduced as follows: 2. 3. 4. reduce the traffic impact; reduce building and land coverage; reduce number and size of units (individual); require less water and thus produce smaller amounts of sewage; As elaborated in the Final Environmental Impact Statement. If you have any questions, please do not hesitate to contact this office. BENNETT ORLOWSKI, JR. ~ CHAIRM3%N jt ? / ,CLI~ Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1989 Richard T. Haefeli P.O. Box 1112 Westhampton Beach, NY 11978 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Haefeli: The following action was taken by the Southold Town Planning Board on Monday, February 27, 1989. RESOLVED that the Southold Town Planning Board accept and adopt the findings of the Final Environmental Impact Statement dated February, 1989. If you have any questions, please do not hesitate to contact this office. ' Ver. lr~uly yours,/'D ~ B~E~ ORLOWSKI, JR. C~I~ cc: See attached list jt Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board RR / HD RR lid '\ R-8o / / SHELTER ISLAr APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 October 19, 1989 Dear Jay, If you could please read over the following Finding Statements that we have received from the Planning Board, we would like to know if they are adequate to make a decision on the CLIFFSIDE/TIDEMARKvariance. Jerry Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 7654938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD October 17, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board revise the resolution of February 27, 1989 whereby it adopted the findings of the Final Environmental Impact Statement by reference. And, to incorporate the findings statement into the resolution itself, to read as follows: RESOLVED that the Southold Town Planning Board accept and adopt the findings of the Final Environmental Impact Statement dated February 1989 as follows: The final design of the project must be reduced as follows: 2. 3. 4. reduce the traffic impact; reduce building and land coverage; reduce number and size of units (individual); require less water and thus produce smaller amounts of sewage; As elaborated in the Final Environmental Impact Statement. If you have any questions, please do not hesitate to contact this office. ... );~ry truly, yours; // .- ,. .'/ ..' ,.' .,l -" / t./ // ~ BENNETT ORLOWSKI, JR. / CHAIRF,~ jt VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 MEMORANDUM TO: FROM: DATE: RE: Gerard P. Goehringer, ~hairman Zoning Board of Appeals Valerie Scopaz, Town Planner October 4, 1989 Cliffside/Tidemark The following information may be useful to your Board in its review of the Cliffside/Tidemark application. 1. This should be treated as a request for a Special Exception for a transient motel/hotel in keeping with the definition in the Zoning Code. The transient motel/hotel definition specifically provides for the inclusion of a residential unit for a manager or owner, whereas the resort motel/hotel definition does not. The project has at various times been described as a resort motel. The use of this descriptive term has sometimes been confused with the definitive term in the Zoning Code. 2. The site plan that has been referred to your office by the Planning Board does not include floor plans. The applicant has submitted floor plan concepts at other, earlier stages of review, but these plans now exceed the new restriction of 600 square feet per hotel room unit. The Planning Board has requested the inclusion of revised floor plans in the site plan. Floor plans that have been submitted in the past have shown suites consisting of a living area, two bedrooms, and two full baths. So far, none of the plans that have been submitted show the usual motel/hotel amenities or features, such as storage closets for the janitorial equipment, the bed and bath linens, the paper and soap supplies, etc. 3. This project is being proposed as a condominium hotel, whereby each room unit will be owned separately. The owners of each unit must agree to rent the units for a specified number of weeks per year. (This information was brought to my attention at a meeting with Henry Raynor and Richard Haefli, attorney, in March of 1989.) It is hoped that additional information about the condominium hotel concept will be forthcoming from the applicant. If I can be of further assistance to the Board of Appeals, please do not hesitate to ask. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM FROM: TO: DATE: RE: Bennett Orlowski, Jr., Chairman Gerard Goehringer, Chairman Zoning Board of Appeals October 4, 1989 Cliffside/Tidemark Motel The Planning Board has reviewed the revised site plan that was submitted on September 22nd. Conceptually, the plan is acceptable for the Zoning Board of Appeals' review. However, specific details still need work. Enclosed please find a copy of a letter that is being forwarded to the applicant. It itemizes the information or changes that are being requested by the Planning Board. Also enclosed is a letter that was received from the Suffolk County Department of Public Works. The County recommends that access to this project be opposite the driveway to the nursing home, yet fails to specify which of the two curb cuts it is referring to. This office will notify yours when we obtain clarification of this and other points in the letter regarding required mitigation measures. Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 1989 Henry Raynor 320 Love Lane Mattituck, New York Re: Proposed Site Plan for Cliffside/Tidemark Motel Greenport, New York SCTM # 1000-45-1-1 Dear Mr. Raynor, The revised site plan that was submitted to this office on September 22, 1989 has been reviewed by the Planning Board. The Board finds that two of the four items requested in its June 23rd letter were not included in this set of plans: to wit, 1. Details of sign and a site lighting plan. Elevation drawings and floor plans (for each set of buildings). When you submit the above-noted information, please include the following information which was missing from the main site plan. Inclusion of this information will expedite the review of the plans by other agencies. The number of parking spaces, and the location of the loading area should be noted on the site plan. The plan should indicate the number of dwelling units proposed, including the manager's dwelling unit,(73). e Indicate on the site and the drainage plan the location of the pool drain and backwash. 4. Provide specifications on the retaining walls. Cross sections or profile sketches would be helpful so that the need for railing can be determined. Indicate the lot coverage and the percentage of landscaping. Incidentially, the key for the landscape plan does not match the plantings shown on the plan. Please provide the correct key. Upon receipt of all the above-noted information on twelve complete copies of the revised site plans, referrals will be made as indicated in the June 23rd letter. A copy of the Suffolk County Department of Public Works' letter has been enclosed for your information. The Board will send them a copy of the revised site plan, with the information requested above, in order to clarify the mitigation measures they are recommending. If there are any questions, please contact the office. .Ver~; Truly Yours~.~ /..-' ,? t /)' / / Bennett Orlowski, Jr. Chairman cc: Zoning Board of Appeals James A. Schondebare, Town Attorney COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS September 28, 1989 JAMES G. MCCLAVE, DEPUTY COMMISSIONER Town of Southold Planning Board 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Attention: Bennett Orlowski, Jr. BE: n/s/o C.R. 48, Middle Road, e/o Chapel Lane "CLIFFSIDE/TIDEMARK HOTEL" Gentlemen: We have reviewed the above referenced submittal. Specifically note that: A permit from this Department will be required pursuant to Section 136 of the Highway Law for any improvements this Department deems necessary along the County right-of-way. No widenings or reconstruction is presently planned for this County road within the area of the subject site. The proposed access to this development should be located opposite of the access to the nursing home on the southside of C.R. 48, Middle Road. Mitigation measures should be provided by the developer of this parcel to increase sight distance to the mainline of C.H. ~8 from the proposed drive. The installation of acceleration and deceleration lanes may improve the sight distance at this proposed access. We are aware that a sight distance study was made at thls location by the developer's consulting engineer. This study should be forwarded to this Department for review and comments. YAPHANK AVENUE, P.O. BOX ~59 · YAPHANK, NEW YORK t I 9BO-OO59 · (~516) 2132- September 28, 1989 Town of Southold Planning Board HE: CLIFFSIDE/TIDEMARK HOTEL - 2 - If you have any questions, kindly contact this office at 282-1354. Thank you for your cooperation in this matter. Very truly yours, C. ROGER MEEKER CHIEF ENGINEER CRt4/RJL/3 fb cc: Richard ^. Strang, $CDPW Principal Cl'u~Yl Engineer VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New Yoi-k 11971 TELEPHONE (516) 765-1938 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Valerie Scopaz, Town Planner October 4, 1989 Cliffside/Tidemark The following information may be useful to your Board in its review of the Cliffside/Tidemark application. 1. This should be treated as a request for a Special Exception for a transient motel/hotel in keeping with the definition in the Zoning Code. The transient motel/hotel definition specifically provides for the inclusion of a residential unit for a manager or owner, whereas the resort motel/hotel definition does not. The project has at various times been described as a resort motel. The use of this descriptive term has sometimes been confused with the definitive term in the Zoning Code. 2. The site plan that has been referred to your office by the Planning Board does not include floor plans. The applicant has submitted floor plan concepts at other, earlier stages of review, but these plans now exceed the new restriction of 600 square feet per hotel room unit. The Planning Board has requested the inclusion of revised floor plans in the site plan. Floor plans that have been submitted in the past have shown suites consisting of a living area, two bedrooms, and two full baths. So far, none of the plans that have been submitted show the usual motel/hotel amenities or features, such as storage closets for the janitorial equipment, the bed and bath linens, the paper and soap supplies, etc. 3. This project is being proposed as a condominium hotel, whereby each room unit will be owned separately. The owners of each unit must agree to rent the units for a specified number of weeks per year. (This information was brought to my attention at a meeting with Henry Raynor and Richard Haefli, attorney, in March of 1989.) It is hoped that additional information about ~ the condominium hotel concept will be forthcoming from the applicant. If I can be of further assistance to the Board of Appeals, please do not hesitate to ask. Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 20, 1989 Vito F. Lena NY.S. office Buildinq Veterans MemoriaX' Highway Hauppauge, New York 11788 Paul Campaqnola Department of Public Works Suffolk County Center Yaphank Avenue Yaphank, New York 11980 Proposed Site Plan for Cliffside/TidemarkHotel SCTM # 1000-45-1-1. Dear Messeurs Lena and Campagnola, The Planning Board has not received your response regarding the enclosed site plan which was sent to your offices in Jane of 1989. Copies of the referral letters are enclosed. The applicant is required to obtain all applicable approvals from your office before the Planning Board can issue final approval. At this time, the Board is requesting your office's input as to the need for a traffic acceleration lane for traffic exiting from the property and turning westward. A response from your office would be appreciated. Verv/~ly Yours, /~: /~ : // Chairman Gerard Goehringer, Zoning Board of Appeals'J Victor Lessard, Building Department Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) ,65-1.938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 23, 1989 Vito F. Lena N.Y.S. Office Building Veterans Memorial Highway Hauppauge, N.Y. 11788 RE: Proposed Site Plan for Cliffside/Tidemark SCTM~ 1000-45-1-1 Dear Mr. Lena: The enclosed site plan is under review for final approval. The Planning Board requests a review of the need for a traffic acceleration lane for traffic exiting from the property and turning west. The area has been circled on the enclosed map. Your comments on the location of this proposed curb cut would also be appreciated. CItAIRMAN cc: Zoning Board of Appeals Victor Lessard, Building Department onc. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) '/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 1989 Paul Campagnola Dept. of Public Works Yaphank Avenue Yaphank, NY 11980 RE: Proposed Site Plan for Cliffside/Tidemark SCTM ~1000-45-1-1 Dear Mr. Campagnola: The enclosed site plan is under review for final approval. The Planning Board requests a review of the need for a traffic acceleration lane for traffic exiting from the property and turning west. The area has been circled on the enclosed map. Your comments on the location of this proposed curb cut would also be appreciated.  ~/~truly yours, ~ /n ,~ BENNETT ORLOWSKI , JR. ~ ~ CHAIRMAN enc. CC: Zoning Board of Appeals Victor Lessard, Building Department Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Date: $.E.~.R.A. UNLISTED ACTION TELEPHONE (516) 765-1809 September 2l, ~]989 Notice of Determination of Non-Significance Appeal No. 3542 Project/Applicants: C]iffside (Tide County Tax Map No. 1000- 45-1-1 Location of Project: 61475 County Rd., Mark) Greenport Relief Requested/Jurisdiction before this Board in this Project: Construct 76 Motel D~its in this Resort/Residential (RR) Z°~is Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: {~} the project is proposed in an area with land contours 10 or more feet above mean sea level; { } the area seaward of the proposed construction is bulkheaded; { } the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C. and/or Suffolk County Department of Health Services. tm VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box ! 179 Southold, New York 11971 TELEPHONE (516) 765-1938 MEMORANDUM TO: FROM: DATE: RE: Bennett Orlowski, Jr., Chairman, Planning Board vGerard Goehringer, Chairman, Zoning Board of Appeals Valerie Scopaz, Town Planner September 20, 1989 Cliffside Tidemark Site Plan Henry Raynor has left notice with Planning staff that revised site plans for the Cliffside Tidemark project that were required by the Planning Board will be brought to the Zoning Board of Appeals hearing on Thursday, September 21st. The Planning Board's copies will be left on the Supervisor's Secretary's desk at that time. Since neither PlaDn~ng staff nor the Board has been given any opportunity to review the revised plans, a determination has not been made as to whether the site plans have been revised in accordance with the Final Environmental Impact Statement and the Planning Board's requests. The Planning Board's letter to Mr. Raynor, dated June 23, 1989, stated that revised site plans were to be s~bmitted to the Planning Board office prior to the date of the Appeals Board's hearing, principally to allow the Board time to review the plan. The Zoning Board was notified of this by a separate memo. It is recommended that the Zoning Board of Appeals hold the hearing open until its next meeting so as to allow the Planning Board time, first, to review the site plans, and second, to forward comments to the Zoning Board of Appeals as per the agreed upon coordination procedure. Enclosed please find copies of all above-referenced correspondence. cc: Francis J. Murphy, Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE ($16) 765-1938 PLANNENG BOARD OFFICE TOWN OF SOUTHOLD June 23, 1989 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Site Plan for Cliffside/Tidemark Greenport, New York 11944 $CTM#I000-45-1-1 Dear Henry: This is to confirm that the following information is still forthcoming: Details of sign and a lighting plan for the entire site. Topographical and other information as required by the Zoning Code; grading and drainage plans, and site elevations. Detailed landscape plans, including buffer areas, building site~, and walkway to beach. 4. Elevation drawings and floor plans. A complete copy of the revised site plan should be submitted to the Planning Board office prior to the date of hearing at the Zoning Board of Appeals. the Upon submission of twelve (12) complete copies of a revised plan that includes the ab6ve noted information,'referrals will be made to the Building Department, the Suffolk County Planning Commission, the Fire District, the Trustees., the Highway Superintendent, the Suffolk County Department of Public Works, the New York State Department of Transportation, the Town Engineer and the Conservation Advisory Council as per Section 100-254D of the Zoning Code. CHAIRMAN CC: ms Zoning Board of Appeals Building Department Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: DATE: Southold Town Planning Board .~ June 23, 1989 RE: Proposed Site Plan ClJ.ffside/Tidemark SCTM~ 1000-45-1-1 The enclosed revised site plan concept is in accordance with ~he Planning Board requirements. The data received however is incomplete (see attached letter dated June 23, 1989 to Henry Raynor requesting complete plans). See also, the letter to the State Department of Transportation requesting review of the proposed right turn only lane. enc. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 kugust 23, 1989 Mr. Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 West Hampton Beach, NY 11978 Re: Appl. No. 3542 - Cliffside (Tide Mark) (Variance) Dear Mr. Haefeli: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about September 21, 1989, at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 2,5 SOUTHOLD. L.I., N.Y. 13973 TELEPHONE (516) 765-1809 April 4, 1989 Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Re: Appl. No. 3542 - Cliffside Associates (Tide Mark) Dear Mr. Haefeli: This letter will confirm that the Board of Appeals at our Regular Meeting held March 16, 1989 authorized the tentative placement of the above application for a public hearing at the first available (Z.B.A.) calendar, following submission by the applicant of the following, to complete and update the file since the date of initial filing: 1. Four site plan maps, revised to comply with FEIS and Planning Board action); 2. Two sets of floor plans and/or general construction plans of units (as modified); 3. Written authorization to update file for this new RR Zone District, renumbered Article VI, Section 10061, Subsection B(4). A copy of this letter is being furnished to the Planning Board and the Town Attorney for their files. lk CC: Yours very tru, ly~ / GERARD P. GOEHRINGER / CHAIRMAN , / James A. Schondebare, Town Attorney Southold Town Planning Board and Office Southold Town Board of Appeals March 16, 1989 Regular Meeting appropriate Department to take lead authority under the site-plan (parking) regulations, particularly since the Board of Appeals had made reference to consideration by the Planning Board of the location of the parking areas. The Board Members unanimously agreed that the following response be sent to Mr. McLaughlin, subject to approval by the Tow~ Attorney, as worded: ...Dear Mr. McLaughlin: This letter will confirm for the record that Condition No. 4 of this Board's decision rendered November 16, 1988 under Appl. No. 3783 in the above matter is hereby clari- fied to leave the parking areas at the sole discretion of the Planning Board under its jurisdiction in the site-plan review process. It is not the intent of the Board of Appeals to substitute its judgment over the Planning Board's discretion in this project. The wording of Condition No. 4 is clear in the first line stipulating that "...the parking areas shall be as designated by the Planning Board .... " This condition was intended only in the event the Planning Board had waived jurisdiction and the applicant proceeded with the plan submitted under the Special Exception. The Board of Appeals, by unanimous vote, hereby waives its jurisdictionunder the parking regulations if the Planning Board wishes to alter the same... " Vote: Ayes: Messrs. Goehringer, Grigonis and Dinizio. were: Members Sawicki and Doyen.) Absent UPDATE: Appl. No. 3542 - TIDE MARK (CLIFFSIDE CIATES)..Special Exception application pending for Motel s. Planning Board has accepted Final Environmental Impact ement (FEIS) and as a part of that review are requiring a ction in the number of units, thereby requiring amendments he site-plan maps and possibly floor plans/construction plans. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Southold Town Board of Appeals March 16, 1989 Regular Meeting (Appl. No. 3542 CLIFFSIDE/TIDE MARK Update, continued:) RESOLVED, to authorize a letter to the attorney for the applicant, TIDE MARK/CLIFFSIDE ASSOCIATES, subject to Town Attorney approval, indicating tentative placement for a public hearing at the first available calendar following submission by applicant of the following to complete and update the file since the initial filing: 1. Four site plan maps (revised to comply with FEIS and Planning Board action); 2. Two sets of floor plans and/or general construction plans of units; 3. Written authorization to update file for this new RR Zone District, renumbered to new Article VI, Section 100-61, Subsection B(4). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Members Doyen and Sawicki.) This resolution was duly adopted. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the following documentation be submitted as early as possible to complete the file in the Matter of RALPH AND PATRICIA PUGLIESE under Appl. No. 3831: Four original prints of a site-plan map depicting all the site plan elements required under the zoning code {as accepted by the Planning Board prior to certification by the Building Inspector} showing screening of the parking areas; NEW APPLICATION: Appl. No. 3831 - RALPH AND PATRICIA PUGLIESE. Review was conducted of this new application for a Special Exception for Winery Use with Wine Storage at 34876 Main Road, Cutchogue, New York. Additional site plan and construction information was requested of the applicant at the time of filing of this application, and to date, same has not been received to complete the file. RICHARD T. HAEFELI March 31, 1989 James A. Schondebare, Esq. P.O. Box 1018 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Schondebare: I had a meeting with the Planning Board staff on March 17, 1989 regarding the Site Plan application and plans regarding the above, which were for a 76 unit motel, submitted on November 24, 1986. The staff stated that the Planning Board wanted the applicant to submit a new plan for either 58 units, which is a 25% reduction, or for 74 units of 450 square feet each. For the ~easo~s set forth in this letter, I do not ¥:e!Jeve that the Planning Doard has the ability to request the new plan, and after you have read this letter I would like to meet with you to resolve this matter. On February.6, 1989 Mr. Emilita, the Town Planning Consultant, submitted to the Planning Board the FEIS regarding this applica- tion which, pursuant to a resolution of the same date, was ac- cepted by the Planning Board. The FEIS contained a number of findings, among them being that the density proposed by the applicant be reduced from 74 units to 58 units, a 25% density reduction, if the size of the units was to remain as proposed by the applicant, or that the number of units could remain at 74 if the maximum size of the units was reduced to 450 square feet. It also found that there should be a buffer of 30 feet on the north, east and west sides of the property and that the buildings facing Middle Road should be reduced to one story. RICHARD T. HAEFELI Not only is there no support for the findings in the FEIS, which the Planning Board wants the applicant to adhere to, but the site plan submitted to the Planning Board in November, 1986 must, pur- suant to Section 100-254G of the Town Code and the provisions of 617.9(b) NYCRR, be deemed to be completed and approved by the Planning Board in that they failed to act within the prescribed period set forth in either the Town Code or in SEQRA regulations. After a number of meetings with the Planning Board, the applica- tion and plans for a 76 unit motel were fiTed on November 24, 1986, and it was not until May or June of 1987 that the Planning Board adopted a positive declaration regarding the application and required the applicant to file a DEIS. The applicant did, in fact, file a DEIS and a public hearing was held on the DEIS on January 25, 1988. Even though the Planning Board failed to act in a timely manner on the DEIS and I wrote to you regarding same on April 20, 1988, it required the applicant to file a supplement to the DEIS. The sup- plement was to cover the areas set forth in a memorandum of the Planning Consultant. The supplement was, over the applicant's ob- jection, filed and the' Planning Board deemed it complete on October 18, 1988, and held a public hearing on the supplement on November 14, 1988. The FEIS had to be filed by December 29, 1988, and the determina- tion on the site plan had to be made by the Planning Board by January 29, 1989 and the Zoning Board of Appeals had to decide the special exception at the same time. To insure that compliance was had with these provisions, I wrote to both Boards, advising them of the time periods. Rather than complying with these time periods the Planning Board, on December 27, 1988, adopted a resolution extending its time to file the FEIS until January 28, 1989, and thereafter rather than complying with the extended filing date, the Planning Board, on January 23., 1989 again extended its time to file the FEIS until February 27, 1989. For the reasons set forth in my letter of January 24, 1989 to the Planning Board, a copy of which I sent to you, it was unreasonable for the Board to extend the filing date to February 27, 1989, and accordingly the Planning Board was re- quired to vote on the site plan, and the Board of Appeals to hear and vote on the special exception, by March 2, 1989. To date, RICHARD T. HAE:F'I:'LI there has been no vote on the site plan by the Planning Board, nor has there been any hearing scheduled by the Board of. Appeals. Even if the Planning Board was entitled to have the FEIS filed on February 6, 1989, this only extended the time for the two Boards to act on the site plan and special exception from March 2, 1989 to March 11, 1989 and, as already stated, no such action has been taken. As to the Planning Board's review of the site plan, Section 100- 254G specifically states that if the Planning Board fails to act within 45 days, the site plan is deemed to be complete. There- fore, failing to act on the site plan within the prescribed peri- ods, the Planning Board must consider the plan filed in November of 1986 as being complete and cannot require the applicant at this time to file a new site plan. Irrespective of the time limitations which were not met by the Planning Board, there was no basis for the Planning Board's con- sultant and the Planning Board to determine that the number of units should be reduced. During the entire one and one-half years of the SEQRA process, which included scoping sessions with the Planning Board's consultant and a request by the Planning Board's consultant for a supplement, there never was a request to submit information as to the impact that the size of the units would have or for a consideration of units having 450 square feet. The absence of such information in the FEIS precludes the Planning Board's consultant from concluding that units of 450 square feet would be adgquate for a motel. While 450 square feet may be ade- quate for a transient motel, the apDlicant proposes to construct a resort motel, where the size of the units are larger than 450 square feet. The applicant proposes units of 650 to 850 square feet, and not as erroneously stated by the Planning Board's consultant, units of 1,000 square feet and larger. Units of 250+/- square feet larger than proposed by the Planning Board's consultant are reasonable for a resort motel, and it was unreasonable to recommend or request the applicant to reduce the number by 25%, to 58. The applicant has been attempting to develop this property since 1984, when it submitted an application for residential condomini- ums on the property. After that application was submitted, the RICHARD T. HAEFELI Town Board, at the recommendation of the Planning Board, changed the density requirements and reduced the density by one-half. As a result of that action by the Town, the applicant filed an Article 78 proceeding, which action is still pending. For the Planning Board to require the applicant to reduce its density again, this time by 25%, is unreasonable. While the applicant is willing to comply with reasonable condi- tions, I believe that the density reduction, buffer requirement and the reduction of units to one story, are unreasonable. I would hope that a reasonable resolution of this matter can be worked out. Very truly yours, Richard T. Haefeli RTH:jl cc: Southold Planning Board Southold Zoning Board of Appeals RICHARD T. HAEFELI ATTORNEY ~ COUNSELOR AT LAW February 27, 1989 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: I have received a copy of the Planning Board's (Board) reso- lution which adopted the Final Environmental Impact Statement (FEIS) on February 6, 1989. This resolution was adopted subse- quent to time the Board could act and therefore is null and void. The failure of the Board to act within the time limits provided for in SEQRA requires the Board to consider the DEIS as the FEIS. Not only has the Board failed to act in a timely matter, its proposed findings are inconsistent with the DEIS, have no factual basis, are contrary to its own studies, and are an attempt by the Board to avoid, circumvent and ignore the provisions of the Zoning Code and to arbitrarily impose its own requirements on this application. The FEIS, without any basis, concludes that a reduction in the number and size of units would mitigate the traffic hazard created by the limited site distance. The addendum to the DEIS, using the Transportion and Traffic Handbook, shows that the site distances of the proposed entrance to the project substantially exceeded the recommended minimum. To the extent that there is any concern as to site distance, the DEIS proposes to prohibit a left turn onto County Route 48, which more than adequately mitigates the concern. The FEIS further ignores with the addendum to the DEIS. and included in the addendum, the traffic information supplied Of the 29 accident reports, filed for the area from 1983, three con- 1 RICHARD T. HAEFELI cern the intersection of Chapel Lane and Route 48, involving more than one vehicle, and one accident did not involve another vehi- cle. A review of these accident reports clearly establishes that none were the result of site distance from the applicant's prop- erty west to Chapel, rather all three accidents were the result of negligent operation of a vehicle at the intersection. There were four other accidents between the applicant's property and Chapel Lane. One was caused by the vehicle going out of control, one was caused by an individual charged with driving while intoxicated, one was caused by a high speed vehicle losing control and hitting a vehicle in the driveway at the San Simeon Nursing Home, and the last accident occurred as a result of a car stopped on Route 48 in front of the nursing home, prior to the area being designated no parking. Of the two accidents occurring at the area of the site, the cause of one has been eliminated as a result of the parking ban and as to the other, it was caused by a vehicle heading east, therefore having a site distance of 840 feet, which was being neg- ligently operated at a high speed and which hit another vehicle which was off the road and in San Simeon's driveway. It is obvi- ous that the applicant's proposal would not in any way have con- tributed to either accident. The remaining accidents included in the DEIS were either too remote from the site or involved acci- dents with animals. Based upon a careful review of the accident reports, it is clear that they support the DEIS finding that site distance is adequate and there is no basis to find that there are site dis- tance problems with the applicant's property or that the appli- cant's proposal will cause traffic problems at the intersection of Route 48 and Chapel Lane. While the FEIS states that the reduction in the number of units will reduce the traffic impact, there is no support in the FEIS or DEIS to support this conclusion. In fact, the FEIS itself contradicts this Conclusion when it finds that 74 units of a reduced size is acceptable. The FEIS visual impact findings as to vegetation buffer, building height, number of units and non disturbance area are not supported by any factual data and are in contravence of the zoning code provision. In concluding that the adoption of these findings would bring the proposal more in conformance with the area ignores the fact that the area is now and has under the prior code been zoned for motel use and the predominant land use of the surrounding properties is either motel use or residential 2 RICHARD T. HAEFELI condominium use, located in structures of either one or two stories. The Zoning Code has provisions regarding buffering, and the proposals contained in the FEIS are in violation and in excess of these provisions both as to area and size of the plantings. The Code also provides for the limitation on height of buildings and number of units. In finding that one of the buildings should be one story and that the number of units should be reduced imposes restrictions in excess of the Code provisions. As to the non disturbance area between the road on the site and between the site and the bluffs, there is no provision in the code which permits such an area, and to impose it during the course of construction could prevent the applicant from constructing the units since a minimum area around all of the improvements will be disturbed during the course of construction. The FEIS again makes conclusions without any factual support when it states that a reduction in the number of units if the size remains the same or a reduction in size of the units if the number remains the same will significantly reduce water use. Considering the fact that public water is being supplied and the difference in size is approximately 500 square feet, there is no basis for such a conclusion. Nor is there any basis for concluding that 450 square feet is reasonable for a resort motel. The findings in the FEIS as to (a) a 30 foot buffer; (b) a reduction to 58 units or a reduction in the size of the units to 75; (c) a reduction in the size of the buildings are contrary to the findings in the DEIS, the recently adopted Master Plan and recent changes to the Zoning Code. The revisions to the current Code, which permit the number of units and size proposed by the applicant, were reviewed by this Board, were the subject of a generic EIS, were recommended by this Board to the Town Board, and were recently adopted by the Town Board after public hearings. If this use, and specifically the applicant's proposal, have such an adverse effect on the environment, why were the current zoning provisions adopted? This application in its current form has been before this Board since March of 1986, and at no time during the review process of this application and of the revisions to the Master Plan and Zoning Code were there any recommendations that the number of units be reduced as to number and/or size. It was only 3 RICHARD T. HAEFELI in the FEIS, delivered to you on February 6, 1989 suggested that the number of units be reduced to 58. that it was The implementation of the recommendation set forth in the FEIS will be tantamount to the Board changing the Zoning Code as to size and number of units, building height and buffering. This Board cannot, under the guise of SEQRA, ignore and avoid the re- quirements of the Zoning Code and impost its own requirements upon this application. This Board must understand that it has no independent author- ity or power either through the SEQRA process or through the site plan review process, to adopt requirements not found in the Zoning Code or impose requirements in excess of those set forth in the Code. The applicant's property has been zoned for motel use since the adoption of zoning in 1957, and the size and density have been the same up to and including the most recent zoning changes. To ignore this fact and impose a density that is approximately one- fourth less than permitted is arbitrary and unreasonable. Very truly yours, RTH:jl ( reenporl- bouthoH (ghamber of (gommerre February 18, 1989 Southold Town Board of Appeals Main Road Southold, N.Y. 11971 Re: Tidemark Resort at Greenport Dear Chairman Goehringer, and Members of the Board of Appeals: We would like to go on record as requesting your granting of a special exception for Motel Use of the RR zoned property called Tidemark Resort. As you may know resort accommodations are in desperate short supply. This would be the first new resort in Southold since the 60's. The Greenport-Southold Chamber of Commerce has been on record since 1980 as recognizing this problem and working towards its solution. Gentlemen with your foresight and help perhaps we can start to alleviate this critical shortage of resort accommodations in Southold Town. Thank you for your action in this matter. GWW:em 1st Vice President Greenport-Southold Chamber of Commerce BOX 66 GREENPORT, NEW YORK 11944 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($~6) 76Sq938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 7, 1989 Richard T. Haefeli P.O. Box 1112 Westhampton Beach, NY 11978 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Haefeli: The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board accept the Final Environmental Impact Statement for this site plan. The comment period on this document will run from February 6, 1989 to February 27, 1989. If you have any questions, please do not hesitate to contact this office. CC: jt · V~,~uly yours, ff'g' v o °Ws I; CHAIRMAN David Emilita Suffolk County Department of Health Services Suffolk County Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appea'ls Board of Trustees Henry Raynor LB HD iSLAND LIO R-80 ISLA ND JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN A'I'i'ORN EY OFFICE OF THE TOWN A'YFORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 To: From: Date: Re: Chairman of ZBA James A. Schondebare, Town Attorney December 27, 1988 ~ /.~o/~0/aco0 Tide Mark Jerry: discuss it. JAS:kjp Please review the letter from Haefeli. Please call me to I spoke to the Planning Board. Thank you. I RICHARD T. HAEFELI December 12, 1988 James A. Schondebare, Esq. P.O. Box 1018 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Schondebare: A public hearing on the supplemental Draft Environmental Impact Statement was held on November 14, 1988, and the Planning Board on December 5, 1988 adopted a resolution requesting that Mr. Emilita prepare the Final Environmental Impact Statement. I have sent a letter to Mr. Orlowski and to Mr. Goehringer regarding the time frame for rendering their decisions in this matter. Copies of these letters are enclosed for your review. Up until now, the Board of Appeals has not held a hearing on the special exception even though, in my opinion, that hearing should have been held prior to this date, although the decision could not be rendered until the SEQRA process had been completed. As I pointed out to Mr. Orlowski, pursuant to Section 617.8(e), the Final Environmental Impact Statement has to be filed by December 29, 1988, and pursuant to Section 617.9(b), the determinations on the site plan and special exception have to be rendered within 30 days thereafter, or January 29, 1989. This process, I believe is clearly set forth by the Appellate Division in the case of Sun Beach Real Estate v. Anderson, 469 N.YoS. 2d 964, which states that the review under SEQRA is to be concurrent with all other municipal reviews which, in this case is the review RICHARD T. HAEFELI by the Planning Board of the site plan and the Board of Appeals of the special exception. Accordingly, I believe at this time the Board of Appeals has to schedule the special exception in this matter, and I would ask that you discuss this with the Chairman so that there will be no further delays in scheduling same. Very truly yours lcnard T. Haere±~ RTH:jl RICHARD T. HAEFELI December 12, 1988 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: I am in receipt of a copy of your resolution dated December 5, 1988, wherein you requested Mr. Emilita to prepare the Final Environmental Impact Statement. To insure that this is completed within the times provided in the rules, I would like to point out to you that pursuant to Rule 617.8(e), the Final Environmental Impact Statement is to be filed within 45 days after the close of the hearing. The hearing took place on November 14, 1988, therefore the Final Environmental Impact Statement is to be filed by December 29, 1988. Pursuant to Rule 617.9(a), prior to you renderin9 a decision on the site plan, you must give the public at least 10 days notice to review the Final Environmental Impact Statement from the date it was filed and pursuant to subdivision (b) thereof, you must render your decision on the site plan within 30 days after the filin9 of the Final Environmental Impact Statement, or by January 29, 1989. The requirement of rendering a decision by January 29, 1989 also applies to the Board of Appeals, and I would ask that you advise said Board that it can hold its hearing at this time. Very truly yours, RTH:jl Richard T. Haefeli RICHARD T. HAEFELI 518 - 28~-5455 December 12, 1988 Mr. Gerard P. Goehringer Chairman Southold Town Board of Zoning'~ppeals Town Hall Main Road Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer: I enclose herewith a copy of a letter I have sent to Mr. Orlowski, which I believe is self-explanatory. Pursuant to the rule, the decision by your Board on the special exception has to be made by January 29, 1989. In order for this to be done, I would ask that you place this matter on your calendar so that the hearing can be held. Very truly yours, Richard T. Haefeli RTH:jl Enclosure RICHARD t. HAEFELI ATTORNEY & COUNSELOR AT LAW ,o SOUTHOLD ~-O~VN PLANNING BOARD December 12, 1988 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: I am in receipt of a copy of your resolution dated December 5, 1988, wherein you requested Mr. Emilita to prepare the Final Environmental Impact Statement. To insure that this is completed within the times provided in the rules, I would 1.ike to point out to you that pursuant to Rule 617.8(e), the Final Environmental Impact Statement is to be filed within 45 days after the close of the hearing. The hearing took place on November 14, 1988, therefore the Final Environmental Impact Statement is to be filed by December 29, 1988. Pursuant to Rule 617.9(a), prior to you rendering a decision on the site plan, you must give the public at least 10 days notice to review the Final Environmental Impact Statement'from the date it was filed and pursua~ to subdivision (b) thereof, you mu~t r~nder your decision on the site plan within 30 days after the filing of the Final Environmental Impact Statement, or by January 29, 1989. The requirement of rendering a decision by January 29, 1989 also applies to the Board of Appeals, and I would ask that you advise said Board that it can hold its hearing at this time. RTH:jl Very truly yours, ':Richard T. Haefeli Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 8, 1988 David Emilita SAI Jamestown, Rhode Island 02835 RE: Cliffside/Tidemark Water and Sewer Contracts SCTM% 1000-45-1-1 Dear Dave, Enclosed please find confirmation from H. B. water and sewer contracts between the Village of Tidemark are valid and in effect. Sherman that Greenport and Very truly yours, BENNETT ORLOWSKI , JR. CHAIRMAN GAlL F. HORTON SUPT. OF UTILITIES JAMES L MONSELL 2B6 THIRD STREET P.O. BOX AH GREENPORT, SUFFOLK COUNTY NEW YORK 11944 UTILITY OFFICE TEL. (516) 477-1748 POWER PLANT TEL. (516) 477-0172 December 5, 1988 Mr. Bennett Orlowski, Jr. Southold Town Planning Board Southold Town HalI Main Road Southold, N. Y. 11971 Re: Cliffside/Tidemark Water & Sewer Contracts SCTM #1000-45-1-1 Dear Mr. Orlowski; This will confirm that water and sewer contracts between the Village of Greenport and Tidemark are valid and in effect. If I can be of further assistance, please contact me. Very truly yours, ^ss't Sutp. of Public Utilities HBS:lkm CC: George Hubbard, Mayor Village Trus.tees Utility Committee 100 Years of Community Service C SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS December 19, 1988 Mr. Bennett Orlowski,Jr.,Chairman Southold Town Planning Board Town Hall 53095 Main Road Southold, NY 11971 Re: Tidemark FEIS Dear Mr. Orlowski: Pursuant to Section 617.8 (e) (2) (i) of 6 NYCRR Part 617 State Environmental Quality Review Act, we request a 30 extension for the preparation of the FEIS for the above mentioned proposal. of the day Thank you for your consideration in this matter. Sincerely, SZEPATOWSKI ASSOCIATES, INC. David J.S. Emilita, AICP Principal Planner ams 23 ~X;a~ragduse[~ ,~ve. lames[own, ~<i 02,535 (40i) 423-0430 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD Huron Sherman Greenport Public Utilities 236 Third Street P.O. Box A.H. Greenport, New York 11944 November 17, 19888 RE: Cliffside/Tidemark Water and Sewer Contracts SCTM# 1000-45-1-1 Dear Mr. Sherman, The Planning Board would appreciate a response as to the validity of the enclosed copy of the water and sewer contracts for the above mentioned proposal in light of the moratorium on sewer and water hookups. Thank you in advance for your assistance. cc: John Munzel, Esq. David Emilita ~erard Goehringher, ZBA Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($~6) ~654938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside DEIS SCTM #1000-45-1-1 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, October 31, 1988. RESOLVED that Southold Town Planning Board set Monday, November 14, 1988 at 8:00 p.m. for a p~blic hearing on the Draft Environmental Impact Statement. If you have any questions, please do not hesitate to contact this office. cc: David Emilita Suffolk County Department of HG~lth Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC '~ommissioner Town Board Judith Terry; Town Clerk · 'Building Department Board of Appeals Board of Trustees Applicant Plannin~ Board Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. TO: Southold Town Planning Board as Lead Agency FROM: Southold Town Board of Appeals as Involved Agency DATE: October 14, 1988 SUBJECT: Tide Mark - Addendum to DEIS of 9/20/88 In reviewing the Addendum to Draft Environmental Impact Statement prepared by Henderson and Bodwell, Consulting Engineers, dated September 1988, the following conditions should be incorporated by the Planning Board, as lead agency, as a minimum: 1. Completion of Project #5145 "Improvements to Middle Road, C.R. 48", for construction and widening, which is a part of the mitigation proposals of developer-owner; 2. Left-turning lane within C.R. 48 as recommended by the authorities prior to completion of Project #5145, which is of the mitigation proposals of developer-owner; a part 3. Restriction for "no left-hand turn" from these premises (right-hand turn permitted only, including placement of sign(s), which is a part of the mitigation proposals of developer-owner; 4. Restriction or prohibition of disturbance to existing brush and vegetation within 100 feet of the top of the bluff (as proposed by developer-owner); 5. Restriction as to minimal disturbance or for added screening within 40-50 feet of the front property line as a buffer, with the exception of egress and ingress as required by the authorities. 6. Consideration by authorities of installation of blinking lights, one 100+- feet west of Chapel Lane intersection, and the other at least 100 feet east of the subject premises, and warnings to reduce speed to 30-35 miles per hour. ~m~oard Page 14 2/8/88 Strang: Is it safe to assume that the Board, if Mr. Lessard is satisfied and ~rtified, that it will be on the next agenda for the Board? Mr. Orlowski: Yes. O.K. Ail those in favor? RESOLVED that the Southold Town Planning Board send a copy of the letter from Garrett Strang in regard to Rose and Richard Sahm to the Building Department for their review. Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlow~ki: I know you have nothing left on your agenda's. I have the thing that keeps popping up on my agenda every meeting and that's Tartan Oil and the lights in Peconic. It apPears we're going around with some type of gJme ~e~e. We have an operation running without J ~a~,pproved site plan. I don't know, somebody is either hard of hearing on the other end or just doesn't care. Does the Board have anything to say about this? Mr. Ward: ~ opion at theist meeting was what they did do in terms of changing the lights di~ make a minor im~prb~ment but not substancial enough for us to grant approval to the ~t up as it is. I know the rest of the members will take a look at it. Mr. Latham: It's better but its not enough. Mr. Mullen: I have a copy of the vary's minutes and notes. They are completely in violation of the oringinal approval. They are oporating as a convinience store. We have letters to the affect that they are only going to have certain products on the premises and they have exceed that grossly. It is a super, super 7/11. In there minutes and I have them quoted. "This will not be like a Hess or 7/11". It is equal to if not superior. I visited the premises a half a dozen months ago and they have everthing from ladies stockings to charcoal. Now there advertising Hot dogs and sandwichs. Mr. Orlowski: O.K. we will send those comments to Mr. Lessard. Mr. Ward: I think they also need to take care of the miscealanous signs that don't belong. Mr. Mullen: I will supply Melisa with the backup on that so she dosen~t have to research it again. Mr.'Ward: I think that we also should encourage in theletter that also the fact that they have done one thing that is helpful, that is when its closed they have been turning the lights off. I think that we should acknowlege that we appreciate that affect that there doing because it does make the place dark. Mr. Orlowski: Alright, we will send the comments over. I have nothing left on the agenda I would like to introduce Jill Thorp, our new secretary. She has joined on. If there are no further questions I'll entertain the motion. Mr. Ward: Seconded. Z~MMrs Wacker: I would like to ask for an extention for the Tidemark Motel. Some information ~'as come to our attention which we would think would be some interest to you. We haven't the details of it. We won't get them til about Thursday which is the dead line. So we wondered if we might have an extension of a few days or a week. Page 15 2/8/88 Scopaz: When you called we checked with the town attorney to find out what the Planning Board could do. Evedently, the Planning Board does not have the discretion of expending a public comment period. One, It has set that public comment period at a public meeting and stated for the record that the period would be for a certain period of time. What you can do at this point is give some guide lines or indications to the Board or in your letter you submit on Thursday til 5 O'clock. You can give some indication as to what your concerns are so that the Board can consider them even though you might no have the details you wish to present to the Board. Mrs. Wacker: By that time we may very well have it. Mr. Orlowski: Ail those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mrs. Oliva: Do they have site plan approval at Southold Squares? The 11 stores on the North Road. Mr. Or!owski: Yes. Mr. Ward: They don't have excepteance. Mrs Oliva: You mean those lights are just as bad as the lights at the Mobile station? Mr. Ward: Yes, they are. Mrs. Oliva: In fact, the one night it was raining so bad, it was such a dark night, it really blinded you as to see the road. Mr. Orlowski: We have noted that problem and its going to be in one of our inspections. Everybody is complaining about it and we will have to change that lighting. It is offensive and it's not on site which its suppose to be. We have a letter to go out to the applicants. Being no further business to come before the Board, on a motion made by Mr. Latham, seconded by Mr. Edwards, and carried, the meeting was adjourned at 8:50 p.m. Respectfully submitted, 51. ~horp, Secrei~ary Southold Town Planning Board .%%~'TTTGLi) CHAMBER P. O. BOX 66 GREENPORT, NEW YORK 11944 .~',,,~ "/~f~'~ ~~ ~,,.,.w~ ,g Orient East Marion Greenport Southold Peconic July 25, 1988 Southold Town Board Southold Town Hall 53095 Main Road Southold, New York 11971 Dear Board Members: The Board of Directors of the Greenport-Southoid Chamber of Commerce would like to know what is holding up the approval of the Tidemark Resort Motel application. It has been in front of the various town agencies for five (5) years. This area is in desperate need of a nice resort motel out here. There has not been a new one in thirty (30) years. We can't understand why it is being dragged out and beat down. We feel that there should be a more positive attitude from people within town agencies who are misinfomed about the need for this project. The Chamber of Conmerce would like to see this project move forward as quickly as possible due to the desperate need for additional motel space in the Town of Southold. Very truly yours, Richard C. Wilton, President Greenport-Southold Chamber of Commerce On Behalf of the Boar. d of Directors cc: Building Depart~tent Appeals Boardl/ Planning Board Town Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RI-lAD-STATE RnAD 25 SnUTHE3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO FROM: DATE: SUBJECT: Southold Town Planning Board as Lead Agency Southold Town Board of Appeals as Involved Agency July 15, 1988 Tide Mark (Cliffside Associates) Addendum to DEIS Received June 15, 1988 In reviewing the Addendum to Draft Environmental Impact Statement prepared by Henderson and Bodwell, Consulting Engineers, dated June 1988, it is the position of this Board that same not be accepted due to deficiencies in the following areas: I. TRAFFIC (Pp. 2-5 inclusive): Written evaluations and original official reports of current periods should be requested to confirm accuracies or inaccuracies of information furnished (i.e. the Suffolk County Department of Public Works, N.Y.S. Department of Transportation and/or Transporta- tion Research Board, Southold Town Police Department, etc.) particularly due to the lack of supporting traffic reports by these agencies. An assessment should be made on poor-weather traffic conditions and the degrees of safety and hazard. It appears that the statements furnished are based solely on good weather conditions and dry roads. No information was furnished as to the accidents within 1000 feet of the site along C.R. 48. (Only Chapel Lane accident information was furnished.} Accident reports should be furnished for a five-year period or more {instead of a 12-month period}. Memorandum - July 15, 1988 To: Southold Town Planning Board Re: Tide Mark (Cliffside Associates) Addendum to DEIS Received June 15, 1988 Fe Information should be furnished based upon current year (or within the prior year if current year is not avail- able) {instead of 1985}, together with supporting documentation from the agencies contacted (as referenced in the DEIS Addendum). Evaluation and assessment as to effects of Project #5145 "Improvements to Middle Road, CR 48" for construction and resurfacing to a uniform pavement width of 46 feet (which is planned for approximately five miles and extending along the front of this property. II. CONSTRUCTION STAGING SCHEDULE (Pp. 10-11) A. Additional erosion control measures referenced are not described in detail. III. DRAINAGE AND SITE CHANGES IN GENERAL lk No information has been furnished as to the methods of erosion control to be taken along and near the bluff areas. An evaluation and assessment is recommended by the Suffolk County Soil and Water Conservation District, Riverhead, New York, following receipt of the applicant's proposed erosion-control plan. Plans depicting "before grade change" elevations as exist, to supplement "after grade change" elevations, including visual trees and vegetation on site to remain and to be removed. SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ~JDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Mai~ P.O. Box 1179 Southold, New York TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY TH SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 28, 1988: RESOLVED that the Town Board of the Town of Southold hereby requests the Suffolk County Legislature to place both of the following Southold Town projects in the Suffolk County Capital Budget for 1988: Project number 5145 - "Improvements to Middle Road - CR 48 - Southold" provides for the reconstruction of shoulders and resurfacing with asphalt concrete to a uniform pavement width of 46 feet for approximately five miles along CR 48, from Hortons Lane in Southold to Main Street in Greenport, and installation of positive drainage with discharge into recharge basins. Construction of recharge basins will require acquisition of 2.5 acres of land. Ail other work will be performed within the existing right-of-way; Proiect number 517~ - "CR 48, Middle Road - Drainage Improvements in the vicinity of Hashamomuck Pond, Southold" calls for the replacement of a drainage culvert under CR 48 at Hashamomuck Pond, with an overflow weir structure. Highway runoff now discharges directly into the pond, contributi[ to ther43ollution of this popular shell[ishing ground. Acquisition of approx- imately 2.5 acres for new recharge basins is included in the project, as well as the installation of positive drainage, pavement patching and associated highway improvements. 'Judith T. Terry ,,,~.~: Southold Town Clerk June 30, 1988 RICHARD T. HAEFELI April 4, 1988 Mr. Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town Hall Main Road Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer: I am enclosing a copy of a letter which I have just sent to the Planning Board with respect to the Environmental Impact Statement. As you can see, the period within which the Planning Board could act and file the Final Environmental Impact Statement has expired, and the Planning Board must accept the Draft Environmental Impact Statement filed by the applicant as the Final Environmental Impact Statement and filed as of March 28, 1988. Under the circumstances, since the SEQUA process has now been completed, there is no reason why your Board cannot undertake to place this matter on its calendar so that a special exception can be considered as soon as possible. Very truly yours, Richard T. HaefelF RTH:jl RICHARD T. HA£F£1-1 April 4, 1988 Mr. Bennett Orlowski Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: It is my understanding that your Board has not yet taken action on the Draft Environmental Impact Statement previously filed and which was the subject of a public hearing on January 25, 1988. Pursuant to Section 617.8, N.Y.R.R., the Final Environmental Impact Statement had to be prepared and filed within 45 days of the close of the hearing. You had requested an additional 15 day period for public comment and also an additional 15 days within which to prepare and file the final Environmental Impact Statement. I wrote to you on February 18, 1988, agreeing to a 15 day extension for both, which period was to run from February 11, 1988. I note in a letter to Mr. Henry Raynor dated March 8, 1988, that your Board extended the comment period from February 26th to March 12th, which was an additional 15 day period, but the time to prepare and file the Final Environmental Impact Statement was not extended. Even though the public comment period had been extended, there has been no further extension agreed to either by the applicant. or otherwise as to your Board's preparingand filing the Final RICHARD T. HaEFEll Environmental Impact Statement, and accordingly the period for you to prepare and file the Final Environmental Impact Statement expired on March 28, 1988. Since the period has expired, the Draft Environmental Impact Statement prepared has to be considered the Final Environmental Impact Statement, and said statement must be considered filed as of March 28, 1988. Further, pursuant to the provisions of Section 617.9, N.Y.R.R., your Board has to make a determination on the site plan within days of March 28, 1988. 30 While my client has always cooperated with your Board as far as granting extensions of time for your Board to consider the plan, in view of the number of requests that have been made in the past and the number of times extensions have been requested by youL Board, no further extensions will be granted by my client, and I would ask that your Board take action on the site plan within the period prescribed. RTH:jl Very truly yours, Richard T. Haefeli New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11794 (516) 751-7900 f Thomas C. Jorling Commissioner February 24, 1988 Southold Town Planning Board Town Hall, 53095 Main Rd., P. O.Box 1179 Southold, N. Y. 11971 Att: Valerie Scopaz for Bennett Orlowski, Jr., Chairman Re: DEIS for Cliffside Associates a/k/a Tide Mark Dear Ms. Scopaz: Pursuant to our discussion this date over the phone, this will serve as a formal request to have the comment period for the above project extended 15 days to March 12, 1988. As I mentioned, we received a copy of the DEIS on February 12th but needed additional copies to circulate to the different program units with "involvement" in the various concerns set forth in the determination of significance (positive declaration) received here June 23, 1987. I contacted Henderson & Bodwell on February 16th for additional copies which didn't reach me until February 22nd. Obviously the February 26th deadline would be impossible to meet since the circulation was sent on this date. In anticipation of your favorable reply, I remain Very truly yours, Environmental Analyst JBH:rw cc: SEQR file L SEQR/ENVIRONMENTAL IMPACT STATEMENT PROCESS 1. FAF Preparation 2. Lead Agency Determination 3. Determination Required for ElS Preparation 4. Notification 5. Scoping 6. DEiS Preparation and Submission 7. Notification 8.Comment and Review Period 9. FEIS Preparation and Submission 10. Notification 11. Comment Period Part I prepared by applicant; Part II and III prepared by community. 1 FAF mailed tO all "involved" agencies, with 30 days to decide on Lead Agency. 1 Lead Agency determines whether or not ElS is required, within 20 days of date of Lead Agency determination. 1 Lead Agency notifies all involved agencies of its ElS determination. 1 Optional Scoping Session held by Lead Agency 1 DEIS is prepared and accepted by Lead Agency. Lead Agency has 30 days to review and additional 30 day period (s) for revisions if DEIS is not complete in terms of scope, content and adequecy. 1 Lead Agency files notification of completion with involved agencies and others, if a hearing is planned, notice should indicate date, place, etc. 1 Minimum of 30 calendar days provided for comments on DEIS (or 10 days after optional public hearing). Maximum comment period:70 days (hearin~ may be up to 60 days ~affer DEIS filing plus maximum 10 days for public comment 1 Final ElS prepa?ed within 45 days of close of hearing or within 60 days of DEtS filing. 1 Lead Agency files notification of FEIS completion (in same manner as DEIS). 1 Minimum 10 days required prior to any action by Lead Agency. Maximum 30 days. I IJ RPPW Inc. Subjecl SEOR? TYPE I FULL EAF UNLISTED ) IFull EAF Ophonal) L~ AGENCIES jr INFORM _J BE%T UNLISTED ACTION BY APPLICANT CONOIT~0NED NEGATIVE DECLARATION OPTION POSITIVE 1 J i FORMAL , SCOPING OPTION DECL ATION E~S No~ ~ccep~eo I FULL AGENCIES J NEGATIVE J COMMENT AGENCY EAF AND ~IDECLARATIONI PERIOD CONSIDERS SELECT ' j(For Review J k 30 Day Minimum LEAD AGENCY ~and Comment)J COMMENTS _~ TYPE II ---~ EXEMPT EXCLUDED COMMENT J PERIOD 30 Day SEOR Minimum HEARING -- OPTION JCONDITIONED~ NEGATIVE DECLARATION ~ (Becomes -~'[ Final) ~[ FINAL ElS [Prepared and Lead Agency Each Agency Makes FINDINGS THE BASIC SEQR PROCESS Implemented November 1, 1978 Revisions Effective June 1, 1987 New York State Department of Environmental Conservation New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11794 (516) 751-7900 March 11, 1988 Southold Town Planning Board Town Hall, 53095 Main Rd., P.O. Box 1179 Southold, N. Y. 11971 Attn: Valerie Scopaz for Bennett Orlowski, Jr., Chairman Re: DEIS for Cliffside Associates a/k/a Tide Mark Dear Ms. Scopaz: The Department offers the following comments on the above referenced project: Bureau of Marine Habitat Protection - The project as proposed lies beyond DEC jurisdiction with respect to Tidal Wetlands Act. Any work on or seaward of the bluff edge (such as stairs down to the beach) would require a permit. The 100' setback from the bluff edge is what we would have recommended to ensure it and the beach below remain un- disturbed. Also, to that end, any areas of lawn or other plantings should be limited to not closer than 20' to the edge and pitched so that runoff is directed away from the bluff. Water Supply Unit - Co~ents are extensive and so a copy is enclosed. Fish & Wildlife - As of this date no comments have been received from this unit so I shall assume they have none. I hope these comments will be of use to your agency in its decision making process. Thank you for the opportunity to review this project. JBH:rw enclosure cc: JBH (SEQR File) C. T. Hamilton Robert Wither F. Panek Very truly yours, Joseph B. Hall Environmental Analyst S th ldTo B d lApp Is MAIN ROAD- STATE ROAD 25 50UTH{3LD, L.I., N.Y. 11971 TELEPHONE (51~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Southold Town Planning Board FROM: Board of Appeals DATE: February ll, 1988 SUBJECT: Cliffside Associates/Tidemark Project Location: N/s C.R. 48, Greenport CTM #1000-45-01-1 &'2 (now 2.1) Based upon a review of the DEIS submitted to our office January 12, 1988, as a coordinating agency, please.let this letter confirm our position as briefly discussed at the SEQRA hearing on January 25, 1988. It is our-position that the data supplied has not been fully satisfied, particularly with reference to the "sight distance" and "traffic hazards" in the area of the proposed egress and egress. A study is necessary to determine the magnitude of the impact of this restricted sight distance, which can be a contributory factor in traffic accidents~ over the years along this highway area. The egress and I~ress proposed at this si~ is "commercial," that being defined as any driveway other than those serving one or two family residential dwellings. Factors must be considered which include the type of vehicles, approaching speeds, reaction time, intersectional geometry, pavement condition, approach control, sighting distance that is clear of obstructions for space-tqme-velocity of approaching vehicles. Following the SEQRA hearing, our office was informed that the applicant would consider an alternative restricting any and all left-hand exiting at the p'remise~ from' the westerly egress, restricting entrances onto the site at %he east end, etc. Page 2 February ll, 1988 Re: Cliffside Associates SEQRA Review The overall purpose of the mental studies but is also before it is finalized. SEQRA review is not only for environ- for traffic studies, and of course Enclosed are five photographs taken February 7, 1988 by a professional photographer which shows the distance and need for an appropriate entrance/exit plan. BY T~E SOUTH~L~ B~ARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, ,,IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RnAD - STATE: R{~AD 25 E;nUTHi-1LD, k.l., N.Y. "l'lC:j'7'l TELEPHONE (516) 765-1809 TO: FROM: DATE:' SUBJECT: Southold Town Planning Board Board of Appeals February ll, 1988 Cliffside Associates/Tidemark Project Location: N/s C.R. 48, Greenport CTM #1000-45-01-1 & '2 (now 2.1) Bas6d upon a review of the DEIS submitted to our office January 12, 1988, as a coordinating agency, please ]et this letter confirm our position as briefly discussed at the SEQRA hearing on January 25, 1988~ It is our-position that the data supplied has not been fully satisfied, particularly with reference to the "sight distance" and "traffic hazards" in the area of the proposed egress and egress. A study is necessary to determine the magnitude of the impact of this restricted sight distance, which can be a contributory factor in traffic accidents' over the years along this highway area. The egress and egress proposed at this sight is "commercial," that being defined as any driveway other than those serving one or two family residential dwellings. Factors must be considered which include the type of vehicles, approaching speeds, reaction time, intersectional geometry, pavement condition, approach control, sighting distance that is clear of obstructioqs for space-tfime-velocity of approaching vehicles. Following the SEQRA hearing, our office was informed that the applicant would consider an alternative restricting any and all left-hand exiting at the p'remise~ from-the westerly egress, restricting entrances'onto the site at ~he east end, etc. ary ll, 1988 Re: Cliffside Associates SEQRA Review The overall purpose of the SEQRA review is not only mental studies but is also for traffic studies, and before it is finalized. for environ- of course Enclosed are five photographs taken February 7, 1988 by a professional photographer which shows the distance and need for an appropriate entrance/exit plan. BY T~E SOUTH~Lp~W~ B.~ARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN Rr'IAD- [~TATE RI-tAD 25 SRUTHt'ILD, L.I., N.Y. TELEPHONE (516) 765-1809 February 6, 1988 Mr. Michael Cortese Main Road Mattituck, NY 11952 Re: Cliffside Associates (Tidemark) Dear Mike: Please let this confirm our request for your photo- graphic services concerning the premises on the North Side of C.R. 48, Greenport, and directly opposite the San Simeon Nursing Home. The site plan map indicates that the egress and ingress from the Cliffside Associates site is approxi- mately 155 west of its easterly property line, which is adjacent to the Sunset Motel premises. We would like recent photographs showing the problem existing, when you stand on both sides of the road, facing west, and of course in the opposite direction coming around the bend from the west. There is a terrible blind spot and the speed limit in this area has been 55 mph. Pictures from the egress/ingress points are important. Enclosed is a Town voucher for your signature when submitting your claim for payment. We would like, if possible, a duplicate set of pictures. In any event, we would like to have at least one set completed by February llth. Thank you so much for your assistance and time. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S/Il MEMORg/NDUM TO: Southold Planning Board RE: DEIS for "Cliffside" Revised October 1987 DATE: January 14, 1988 SAI has received the abovecaptioned DEIS and the Improvement Plans dated 14 Oct 87, and offers the following comments for the Board's consideration. The DEIS has complied with all of our recommendations including those raised at the meeting of 3 Aug 87 (Memo Attached) except for the following areas: 1. Existing vegetation to remain should be clearly labelle~ on Sheet 2 of the Improvement Plans. e There is no rendering at the driveway to the site showing the proposed development as viewed from the roadway. Consequently we feel that the usual impact of the proposed construction is not adequately addressed in the DEIS. More detail in needed on the construction of the site. Pages 4-2 and 3 are insufficient to adequately describe the impacts and mitigation measures proposed. For example "woods clearing" is mentioned as initial sitework. Disposal of the material is not addressed. Existing site vegetation to remain should be marked before site clearance. The DEIS is ambiguous on this point. It is not clear where top soil will be stockpiled, since there appears to be insufficient room along the tree line. The walkaway to the beach is not dealt with at all. It needs to be discussed since these walkaways can be erosion prone. The last sentence of page 4-2 states, "If care is taken..." What if care is not taken? Does it mean a supposition, speculation or a wish? Or, is it meant as a condition; if so, what guarantee does the Town have that care will be taken? 23 Narragansett Ave. jameStown. RI ~2835 (401) 423-0430. Page 4-4 of the DEIS mentions many types of erosion control measures but they are not shown on any plan. A construction staging/erosion control plan is needed for this project. Page 4-4 states that reliance on perimeter vegetation will be made to reduce construction noise and dust. Exactly how so thin a stand of vegetation can do this is not demonstrated. This needs to be detailed and shown on the construction staging (erosion control plan). Statements regarding "latest techniques and equipment" are vague. These need to be specified. In summary we feel that the DIES is deficient in its assessment of visual impact and construction impact. Ltd. E~NVIRONMENTAL CONSULTANTS & PLANNERS SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S/II TO: Southold Planning Board FROM: David Emilita RE~ DEIS Meeting August 3, 1987, DATE: August 13, 1987 Cliffside Motel Present at Meetin~ David Emilita Dick Haefeli Henry Raynor Steve Sammis Doug Herrlin A~reed at Meetin~ 1. New bluff line set and will show on new submitted plans. 100' setback set from the bluffline. a) 50' no disturbance buffer zone from bluffline b) 50' construction disturbance is ok within which: i) Yard and roof drains are ok ii) Landscape and erosion control plan needed Traffic study at Route 48 and Chapel. Full and equal treatment of alternatives. Rendering at driveway to the site showing "aesthetically pleasihg motel." Delineate existing v~getation to remain. Construction staging plans to be submitted. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. llg?l TELEPHONE (516) 765-1809 INTER-DEPARTMENT MEMORANDUM TO: DATE: SUBJECT: Planning Board ~January 12, 1988 Tidema'rk (Cliffside Associates) At your earliest convenience, the most recent Environmental material to be considered for Hearing. please provide us with Impact Statement and other the January 25, 1988 SEQRA Thank you. RICHARD T. HAEFELI December 30, 1987 Mr. Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town Hall Main Road Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer: Since the Draft Environmental Impact Statement filed with the Planning Board has, by law, been accepted by the Planning Board, I would ask that you place the above matter on your calendar for special exception consideration. As you are aware, once a DEIS has been accepted, all applications pending are to be considered simultaneously with final consideration of the DEIS. In this case, since the Planning Board is now undertaking its final consideration of the DEIS and Site Plan, the applicant's special exception application can proceed to a hearing by your Board. I would appreciate your advising me as to the date that hearing is scheduled. Very truly yours, RTH:jl RICHARD T. HAEFELI ATTORNEY & COUNBELOR AT LAW 184 MAIN STREET P.O. BOX 1112 December 30, 1987 Mr. Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town Hall Main Road Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer: Since the Draft Environmental Impact Statement filed with the Planning Board has, by law, been accepted by the Planning Board, I would ask that you place the above matter on your calendar for special exception consideration. As you are aware, once a DEIS has been accepted, all applications pending are to be considered simultaneously with final consideration of the DEIS. In this case, since the Planning Board is now undertaking its final consideration of the DEIS and Site Plan, the applicant's special exception application can proceed to a hearing by your Board. I would appreciate your advising me as to the date that hearing is scheduled. Very truly yours, RTH:jl Memorandum from . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 8/5/87 To: All Z.B.A. Members From: Linda Re: Cliffside Associates/TideMark Attached is a Positive SEQRA Declaration taken by the Planning Board as Lead Agency .on the newly revised project for 76 motel units. This Declaration Was prepared based On our previous Declaration on the multiple-dwelling project (1985±). Upon receipt of the Draft Env. Impact Stmt., the Planning Board will cordinate with us on Items l, 2, 3, 4(6). Please let me know if there ~re any additional concerns after reviewing the new maps (in the Tidemark file). Southold, N.Y. 11971 (516) 765-1938 June 15, 1987 NOTTCE OF STGNIFTCANT EFFECT ON THE ENVTRONMENT. Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Coees, the Southold Town Planning Board, as lead agency, does hereby determine that the action described below is Unlisted and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION: This proposal is for 76 motel units located at County Route 48, Greenport, tax map no .1000-45-1-1. the proposal is to be known as Tide Mark, principals are "Cliffside Assoicates". REASONS SUPPORTING THIS DETERMINATION : 1. A complete traffic study is necessary to properly assess the impacts at Route 25 and Chapel Lane, traffic safety and flow, and visibility of oncoming traffic from either a westerly direction or easterly direction within the "s-turns" along Route 25 (particularly at the highest speed permitted by law in this area). 2. A complete study is necessary as to the effects on the Long Island Sound due to soil erosion, alteration of surface drainage and water runoff caused by new construction, regrading and new roads. 3. A complete study is necessary as to the effects of the quality Of drinking ground water, polution and the surrounding environment by this project. 6. There is concern with regard to the bluff and beach which must be protected during and after construction. It is hereby requested that the applicant and/or his agenct furnish our department as lead agency with a Draft Environment Impact Statement (DEIS) in accordance with the NYS Department of E~vironmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Town Code. Further information may be obtained by contacting Diane M. Schultze, Secretary , Southold Town Planning Board, Town Hall, Main Road, Southold. Copies mailed to the following: Henry Williams, DEC Commissioner NYS Deparment of Environmental Conservation SUffolk CountyDepartment of Health Services Attn: Bob Jewell Suffolk County Planning Commission Henry E. Raynor, Agent Supervisor F~ancis J. Murphy Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 513UTH~3LD. L.I., N.Y. 11971 IELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 24, 1987 Mr. Henry E. Raynor, P.O. Drawer A Jamesport, NY 11947 Jr. Re: Appl. No. 3542 - Tide Mark (Cliffside Location of Property: N/s North Road, County Tax Map No. 1000-45-1-2.1 (7.5~ Associates) Greenport acres) Dear Mr. Raynor: This letter will acknowledge receipt as requested of one photocopy of the Sheet Index of Improvement Plan con- taining the signature and stamp of the Health Department under Ref. #C10-87-010 (received July 13, 1987), pursuant to our request of August ll, 1986. As confirmed with you by telephone several times, upon finalization of the SEQRA process, the Board will be in a position to calendar this application for a public hearing. Also confirmed was the fact that the Planning Board, as lead agency, has requested submission of the Draft Environmental Impact Statement with appropriate amendments for the new project (as amended for transient motel units), and to date, the DEIS has not been re-submitted and is therefore incomplete. Please continue to submit through the Planning Board, as project. the required documentation lead agency under this Yours very truly, lk cc: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN FILE Southold, N.Y. 11971 (516) 765-1938 June 15, 1987 NOTICE OF SIGNIFICANT EFFECT ON TIIE ENVIRONMENT. Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Titlu 6 of the New York State Coees, the Southold Town Planning Board, as lead agency, does hereby determine that the action described below is Unlisted and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION: This proposal is for 76 motel units located at County Route 48, Greenport, tax map no .1000-45-1-1. the propo~al is to be known as Tide Mark, principals are "Cliffside Assoica~es". REASONS SUPPORTING TIIIS DETERMINATION : 1. A complete traffic study is necessary to properly assess the impacts at Route 25 and Chapel Lane, traffic safety and flow, and visibility of oncoming traffic from either a westerly direction or easterly direction within the "s-turns" along Route 25 (particularly at the highest speed permitted by law in this area). 2. A complete study is necessary as to thc effects on the Long Island Sound due to soil erosion, alteration of surface drainage and water runoff caused by new construction, regrading and new roads. 3. A complete study is necessary as to the effects of the quality of drinking ground water, polution an(] the surroundinq environment by this project. 6. There is concern with regard to the bluff and beach which must be protected during and after construction. It is hereby requested that the af)plicant and/or bls agenct furnish our department as lead agency with a Draft Environment Impact Statement (DEIS) in accordance with NYS Department of E~vironmental Conscrw~tion Act, Articl~ 8 of the Environmental Conservation I,aw, and Section 44-4 of the Town Code. Further information may be obtained by contacting Diane M. Schultze, Secretary , Southold Town Planning Board, Town Hall, Main Road, Southold. Copies mailed to the following: Henry williamS, DEC Commissioner NYS Deparment of Environmental Conservation suffolk countyDepartment of Health Services Attn: Bob Jewell suffolk County Planning commission Henry E. Raynor, Agent supervisor Fr.ancis J. Murphy Southold Town Board o£ Appeais MAIN ROAD- STATE ROAD 25 50UTH{]LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 24, 1987 Mr. Henry E. Raynor, P.O. Drawer A Jamesport, NY 11947 Jr. Re: Appl. No. 3542 - Tide Mark (Cliffside Associates) Location of Property: N/s North Road, Greenport County Tax Map No. 1000-45-1-2.1 (7.5± acres) Dear Mr. Raynor: This letter will acknowledge receipt as requested of one photocopy of the Sheet Index of Improvement Plan con- taining the signature and stamp of the Health Department under Ref. #C10-87-010 (received July 13, 1987), pursuant to our request of August ll, 1986. As confirmed with you by telephone several times, upon finalization of the SEQRA process, the Board will be in a position to calendar this application for a public hearing. Also confirmed was the fact that the Planning Board, as lead agency, has requested submission of the Draft Environmental Impact Statement with appropriate amendments for the new project (as amended for transient motel units), and to date, the DEIS has not been re-submitted and is therefore incomplete. Please through the project. continue to submit the required documentation Planning Board, as lead agency under this Yours very truly, lk CC: Planning Board Building Department GERARD P. CHAIRMAN GOEHRINGER Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.y. 11971 TELEPHONE (516} 765'1809 FAX NO. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. November 27, 1989 (516) 765-1823 Mr. Richard T. Haefeli 184 Main Street P.O. Box 1112 West Hampton Beach, NY 11978 Re: Appl. No. 3542 - Cliffside (Tidemark) (Variance) Dear Mr. Haefeli: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office Southold Town Planning Board Mr. Henry Raynor Southoid Town Board of Appeals ~ TELEPHONE (516) 765-1809 FAX NO. APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. .~ SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK). Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII), for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS~ a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block 01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII), for permission to construct 76 Motel Units. Page 2 - Appl.'No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 5, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B(4), as corrected. (1) Article VI, 100-61B (4), the nature of this present application is for a special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (5) Hotel or motel uses as set forth in and regulated by 100-61B(4) of the Resort Residential (RR) District. (3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson). 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; Id) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 REsoLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDEMARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units ~%t ~e~ 600 sq. ft. in size. [Article VI, Section 6I ( 2. That a sign be placed on west side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed.in full view of all vehicles exiting from complex. 3. That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark (landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df RECEIVED AND FILED BY Tile SOUTii©LD DATE I Town Clerh, Town o~ Eouthold Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDEMARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Uni~s.~o~,gF~c~e~ 600 sq. ft. in size. [Article VI, Section blu ~e/J 2. That a sign be placed on west.side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark (landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE ~TIDE MARK). Special ~xception to the Zoning Ordinance, Article V, Section 100-50B {Article XIII), for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS~ a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block 01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII), for permission to construct 76 Motel Units. Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B(4), as corrected. ~ (1) Article VI, 100-61B (4), the nature of this present application is for a special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B(4) of the Resort Residential (RR) District. (3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson). 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDEMARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not, DF~c~e~ 600 sq. ft. in size. [Article VI, Section 6lB 4%e}] 2. That a sign be placed on west.side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark (landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD BOARD OF APPEALS BOARD MEMBERS PRESENT: GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. CHARIRMAN DOREEN FERWERDA, Secretary to Board Town Hall State. Road 25 P.O. Box 179 Southold, September 7:30 P.M. New York 21, 1989 11971 1 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 (None). MR. GOEHRINGER: Seeing questions from Board members? MR. DINIZIO: None. MR. GOEHRINGER: saving decsion until later. MR. DINIZIO: Second. MR. GOEHRINGER: All in favor? MR. behalf no hands, Motion to close hearing (Ayes). GOEHRINGER: The next appeal is on of Cliffside (Tide Mark), 3542. (Reading). MR. GOEHRINGER: Copy of several site the most recent one that I have received received in our office is one from It is dated receipted our have a copy of Suffolk County plans, or we have Douglas P. Herlin. office 6/27/8'9. I tax map indicating properties. this and surrounding I will mention to the attorney I see moving around we will be closing this hearing on the 4th 6f October pending discussion with Town attorney concerning acceptances of Planning Board and final determination of impact RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 statement. I'll refer to that at the end. So don't worry about that. MR. HAEFELI: This I just is received this evening. This is a copy of the improvement plan which contains drain annual, et cetera, and everything else. This is to be filed tomorrow with the Planning Board. Here is, for purposes of to night, here is the schematic which follows that. MR. GOEHRINGER: Could you state your name, please? MR. HAEFELI: Richard Haefeli, 184 Main Street, West Hampton Beach, on behalf of the applicant. First thing I would like to point out, there is a modification to the application. It is not for 76 units it's for a total of 68 units plus a manager's unit or total of 69 units. Number of units reduced downwards. Locate in R.R. district which permits a resort motel by way of special exception and with approval of the Planning Board. In order for it to be permitted in that RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 district you need a minimum area of five acres, maximum number of units with water and sewer and for the Board's purposes, we have signed paid contracts for both public water and public sewer with Greenport Water District and Greenport Sewer District. One per every four thousand square feet, that would work out to 78 units. As I said this particular downwards to six units. The other two things application reduced you have to have in the use, no music or loud speakers audible beyond the property and no lighting beyond the property. This plan does not provide for either of those. As far as are concerned, special even general specific standards. As far exceptions provisions standards and as this particular application is concerned, the property and the adjacent properties are used for motel on the east. The properties to the west are used either for the vacant property, condominiums and 77 motel oH the west. A and B would be complied with since this use is compatible with and same as other current properties in the area. RAM COURT REPORTING SERVICE (516) 727-3168 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 The safety and welfare and health would not be adversely affectd. As this Board knows, there was an extensive environmental review of this particular application that took two and a half years. There was a final environmental impact statement adopted by the Planning Board in March of this year. Among the recommendations by the Planning Board was a reduction in the number of units, reduction in the sizes of the buildings and a reduction in the square footage of the units, and a requirement for a 30-foot buffer on all sides. There is no provision in the code as to the sizes of the units, but the applicant.has agreed that the units will be 600 square feet in size. As far as the buffer, I think the maximum is 25 feet? We've also agreed to 30 feet that the Planning Board has set forth in FEIS? As a result of the reduction of the number of units are also reduced footprint and the size of the buildings. As far as adverse effect upon the traffic, 78 RAM COURT REPORTING SERVICE (516) 727-3168 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this is a the project onto left turn only. proposal no left turn coming out of County Road 48. It has to be Part of the concern in the environmental process was the number of units and the reduction down and the number of units think accomplishes the concern as far traffic. As prior to the recent changes in the as zoning code this property was zoned for resort motel uses. There was an extensive review by be the Town with respect to what uses should permitted what zoning districts. This and the particular property was rezoned same use was permitted. Therefore I think it's compatible with the area. All of the other provisions that are set forth in both 1263274 I believe have been met by the applicant and are being met by the applicant as far as this application is concerned. Almost all of those were considered and taken into consideration in the environmental review process~ members of hear I'm open to any questions which any the Board may have. I have Mr. Samet from the engineering firm He can answer 79 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any of the technical questions you may have. The architect is also present. MR. GOEHRINGER: When we originally came before the Planning Board concerning the objections of the traffic plan which now are somewhat minimized by your discussion concerning the left-hand turning lane, there was some discussion about the actual widening of County Road 48 at that particular point. To my knowledge County Road 48 is going to remain in the present state. No center lanes turning into the project at all, from westbound to eastbound direction. MR. HAEFELI: I think that's correct. I don't know of any, let's put it that way. MR. GOEHRINGER: During the period of the correspondence between our office and your office, basically, the contracts that you had just mentioned with the Village of Greenport concerning water and sewer, it's been my understanding that they have been taken care of as you just mentioned. If this particular project was to be started tomorrow and so as completed in five or six months, you would have 8O RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the use of correct? MR. environmental thing. MR. mandates problems those two facilities; is that HAEFELI: That was considered in the impact. They found the same GOEHRINGER: Under the present of Greenport Water has -- whatever they have based on their requirements from Suffolk County. MR. HAEFELI: This project is in their calculations. That's what I have been told. MR. GOEHRINGER: On the top of the list. MR. HAEFELI: The contracts have been signed. All of the money for them have been paid to Greenport. We also have Health Department approval. Just on the traffic question, I think the major concern were cars coming from the east to the west and the sight distances were somewhat less coming from the east to the west. Steve, you can correct me on this. Whereas coming from the west and going to east, which would be a turn in, I think it determined that there was adequate sight the was 81 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 distances. MR. SAMET: You have good sight distance. If you stay in the site and look east, you have adequate sight distance, about 500 feet. As you look from the site towards the west, it's slightly less. From an engineering standpoint, that having a left turn into the site and/or out of the site would be acceptable. The claimant is willing to limit the site to only a right turn out if the Board so choses. MR. GOEHRINGER: Thank you. MR. HAEFELI: That was considered in the environmental impact statement. MR. GOEHRINGER: The other concern basically was, did he follow the bank or encounter any particular problems during the type of construction that may affect the lip of the bluff, which is not really a bluff, it's a bank, so to speak, okay? I don't think this was properly addressed when it was a concern of ours, but it may have been a concern during the period of time that the other Boards have looked at it. MR. SAMET: That was addressed in the RAM COURT REPORTING SERVICE (516) 727-3168 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~21 22 23 24 25 environmental impact statement. It was requested they would keep back a hundred feet from the bluff, which is this line over here, as you can see the it. All development with the exception of the ramp coming down to the beach would be kept within outside on the hundred foot setback. We have erosion control plans within the plans to show protection of vegetation within that area. MR. GOEHRINGER: Anything else you want to mention, Mr. Haefeli, concerning this? MR. HAEFELI: Absent recitation of each of the provisions in the general and special provisions, as I say the impact statement which 83 is part of that. MR. impact of this entire process has covered all GOEHRINGER: Our concern with the is something we want to discuss with the Town attorney. So we will recess this hearing again only to discuss it with him and close the hearing with no other oral testimony on October 4th at our next meeting. It only concerns the remaining findings of that final impact statement. It shouldn't affect anything at this RAM COURT REPORTING SERVICE (516) 727-3168 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 point but we want that. If you have to make sure we are correct any questions I'll do the best I can to MR. MR. March of 1989 to statement? MR. HAEFELI: MR. had to be answer them at this particular point. HAEFELI: I'm not sure of -- GOEHRINGER: Planning Board voted in accept the final impact That is correct. GOEHRINGER: We are not sure if a reduction of findings at that there words, culled from the actual them particular point. In other that particular impact statement findings themselves, rather than having imbedded in that particular statement. MR. HAEFELI: They adopted the D.E.I.S. and all other things as the final environmental impact statement. MR. the Town 84 GOEHRINGER: We were unable to contact attorney today, we want to make sure ' that that's fine with him. MR. HAEFELI: Okay. Very good. MR. GOEHRINGER: It's nothing of great significance. We noted this project was RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 earnestly on the fire for a few to make sure we are correct. MR. HAEFELI: If back, when the Board is MR. GOEHRINGER: in favor of the (None). speak 85 years. We want I could get the schematic finished with it. Anybody else like to application? MR. GOEHRINGER: Anybody in the audience who has not had time to review these documents, would like to sit down with them, place them on the table, here, place them on the side, welcome in the audience to take a look at them, and get back to the after the next hearing if you have any comments that you would like to review. (None). MR. GOEHRINGR: Anybody would like to speak against this application? (None). MR. GOEHRINGER: Hearing no further comments, I will make a motion recessing this hearing. No more oral testimony simply just from the legal standpoint of reviewing the final D.E.I.S. with the Town attorney. We will close it on October 4th at our special meeting. I'll RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 offer that as a resolution, gentlemen. MR. GRIGONIS: Seconded. MR. GOEHRINGER: All in favor? (Ayes). MR. GOEHRINGER: Thank you very much, gentlemen, for coming in. The next appeal is appeal number 3770. ~ (Reading). MR. GOEHRINGER: We've had several site plans. I've had at least one informal discussion with members of the planning staff, not necessarily the Planning Board. One discussion with the member of the Planning Board. Before me I have a site plan that has just It is received on August 18th, probably prepared by of the Suffolk County tax map and surroundinging properties been received. 19887 It says it's checked by Roderick Van and probably printed by him, but Tuyl, it was consultant. I have a copy indicating this in the area. The issue at hand is a proposed boat storage building of approximately 125 feet in width and rather extensive enough in size placed 86 RAM COURT REPORTING SERVICE (516) 727-3168 nt'~ ' INSPECTORS 0 (516) 765-1802 VICTOR LESSARD, Principal CURTIS HORTON, Senior VINCENT R. WII~ZOR£K, Ordinance ROBERT FISHER, Assistant Fire Building Inspectors THOMAS FISHER GARY FISH OFFICE OF BUILDINO INSPECTOR TOWN OF SOUTHOLD December 5, 1990 SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 M~in Road Southold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 Mr. Kenneth J. Tedaldi P.O. Box 815 Quogue, New York 11959 RE: Cliffside/Tidemark Building Permit #18687-Z Suff. Co. Tax Map #1000-45-1-1 Dear Mr. Tedaldi: In reference to the amended plans submitted to this office yesterday, please be advised that this office will need a letter from the Zoning Board of Appeals approving the kitchenette in said units. According to Paragraph 5 of Appeal #3542, only the Managers Unit will contain kitchen facilities. If there are any questions, please contact this office. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Victor G. Lessard, Principal Building Inspector VGL:gar cc to: Zoning Board of Appeals § 100.61 SOUTHOLD~DE § 100-61 § 100-61. Use regulations. In the RR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following:. A. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100- 3lA of the Agricultural-Conservation District. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and, except for the uses set forth in Subsection B(5) hereof, are subject to site plan approval by the Planning Board: (I) Any special exception use set forth in and as regulated by § 100-3lB(I), (6), (7), (13) and (14) of the Agricultural- Conservation District. [Amended 8-1-89 by L.L. No. 15- 1989] (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (~ ~ansient hotels or motels, resort hotels or motels or conference facilities, provided that the following require- ments are met~ (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: [1] One (1) unit per six thousand (6,000) square feet of ]and without public water or sewer. [2] One (i) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) No lights shall create a glare on adjoining property. 100-61 1{~)68 Io-~5-s9 ZONING § 100~1 ~The size of a guest unit shall be six maximum hundred (600) square feet. [Added 7-5-89 by L.L. No. 13-1989] (5) Bed-and-breakfast uses as set forth in and as regulat~d by § 100-31B(15). (Cont'd on page 10069) Column No. District BezidenlTal Unit TVhere Community 2-FamSy D~taehed Town or 8oufl~o]d Bulk Schedule for Residential Dlstr~em [Added I-1~89 by I-L. No. 1-1989] xH 2~ 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2 - 25 - 89 § 100-57 ZONING § 100-60 (4) (5) (6) shall constitute grounds for the revocation of a certificate of occupancy. On or before March 31 of each year, the Director shall notify the owner or manager of dwelling units and unimproved lots reserved for mederate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Director, on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town C~de. When a dwelling unit reserved for lease to moderate- income families is to be rented, the lease for such unit shall not exceed a term of two (2) years. § 100.58. Applicability of other Code provisions. All of the provisions of the Cede of the Town of Southold not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHD District. ARTICLE VI Resort Residential (RR) District [Added 1-10-89 by L.L. No. 1-198912] § 100-60. Purpose. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or servers, more intense development may occur consistent with the density and character of surrounding lands. 10067 10- 25- 89 § 100-61 SOUTHOLD § 100-61 § 100-61. U~ regulations. In the RR District, no building or promises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed tn be used, in whole or in part, for any use except the following:. A. Permitted uses. (I) Any permitted use set forth in and as rogulated by § 100- 3lA of the Agricultural-Conservation District. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as heroinafter provided and, except for the uses set forth in Subsection B(5) hereof, are subject tn site plan approval by the Planning Board: (1) Any special exception use set forth in and as rogalated by § 100-3lB(I), (6), (7), (13) and (14) of the Agricultural- Conservation District. [Amended 8-1-89 by L.L No. 15- 1989] (2) Marinas for the docking, mooring or accemmedation of noncommercial boats. (3) Yacht clubs. (4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following require- ments aro met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: [1] One (1) unit per six thousand (6,000) square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) No lights shall croate a glare on adjoining property. C 1 (M)68 io- z~. ss § 100-61 (5) ZONING § 100-61 (e) The maximum size of a guest unit shall be six hundred (600) square feet. [Added 7-5-89 by L.L. No. 13-1989] Bed-and-broakfast uses as set forth in and as rognlated by § 100-31B(15). (Cont'd on page 10069) Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H, SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK). Special Exception to the Zoning Ordinance, Article V, Section 100-50B {Article XIII), for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS~ a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block 01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII), for permission to construct 76 Motel Units. Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B(4), as corrected. ~ (1) Article VI, 100-61B (4), the nature of this present application is for a special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B(4) of the Resort Residential (RR) District. (3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson). 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was Page 3 - Appl. No. 3542 Matter of CLIFFSIDE ITIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not. 9~4c~e~d 600 sq. ft. in size. [Article V!, Section 6IB 2. That a sign be placed on west side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark (landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df GAlL F. HORTON DAVID E. KAPELL WILLIAM H. LIEBLEIN SUFI'. OF UTILITIES JAMES 1. MONSELL 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 UTILITY OFFICE TEL. (516) 477-1748 POWER PLANT TEL. (516) 477-0172 RECEP/ED BY DATE April 17, 1987 Mr. George Wetmore Cliffside Associates 72 North Ocean Ave. Patchogue, New York 11772 Dear Mr. Wetmore: Enclosed is a signed copy of the Water Supply Agreement and Sewer Treatment Agreement between your firm and the Village of Greenport. Mayor Hubbard signed the Agreement on April 16, 1987 and the Village Board gave authorization on March 26, 1987. If I can be of further service, please call. sVery truly yours, /~/~ I. Monsell t of Public Utilities JIM:jg Enc. CC: George Hubbard, Mayor All Village Trustees Southold Town Planning Board JOHN J. MUNZEL WATER SUPPLY AGREEMENT AGREEMENT made this //~-~-day of ~.-y 1987 by and between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, herein called the "VILLAGE", and CLIFFSIDE ASSOCIATES, a limited partnership with principal offices located at 72 North Ocean Avenue Patchogue, N.Y. 11772, herein called the "OWNER". WHEREAS, the OWNER is desirous of securing a supply of water for the project to be developed at the property shown on a map and preliminary site plan; and WHEREAS the OWNER is willing at its cost and expense to l~y and install or cause to be laid and installed the water mains, hydrants, fittings and valves described on the map and preliminar )lan and to transfer and convey same to the VILLAGE upon comple- tion and, if necessary, to give and procure easements for the maintenance of the mains and the hydrants; and WHEREAS, the VILLAGE is willing to supply the OWNER with'its requested water allowances and the parties have agreed upon the terms and conditions for the supply of water and other matters; and WHEREAS the OWNER is the owner in fee of certain premises which premises are shown generally on a map and preliminary plan annexed hereto, made a part hereof and marked Exhibit "A", and entitled "Cliffside"; and WHEREAS OWNER is about to commence a development known as "Cliffside" in $outhold Town and wishes to construct water mains and install hydrants on the certain rights of way on a certain ma entitled "Cliffside" consisting of one drawing, which is attached hereto, made a part hereof, and marked Exhibit "B", and to connect with the Village Water System marked Exhibit "C" in conformity with the Contract and Specifications marked Exhibit "D", and as may be amended from time to time during the course of construc- tion of the project commonly known as "Cliffside". NOW, THEREFORE, in consideration of the premises and covenant herein, it is mutaully agreed as follows: FIRST. OWNER will install at its own cost and expense, water main for supply and distribution, throughout the development as more fully shown on the Exhibit attached hereto prepared by Henderson and Bodwell, dated January 12, 1987. Said installation shall be in conformity with the agreement herein and the rules and regulations of the VILLAGE. SECOND. Locations of all mains, hydrants, and appurtenances are shown on a copy of the map entitled "Utility plan for Cliffside". THIRD. All necessary engineering work, trenching, laying, joining, backfilling shall be done by OWNER and shall sometimes hereinafter be called the "WORK". FOURTH. The VILLAGE will supply the hydrants for installa- tion at the locations shown on said map OWNER will reimburse the VILLAGE for all hydrants located within the subdivision. FIFTH. Payment shall be made upon delivery for hydrants and the costs of the delivery of the hydrants to the site by the VILLAGE. The VILLAGE shall deliver the hydrants to the site at a time appropriate to the expeditious completion of the work pro- vided the VILLAGE is given no less than 21 days notice, and sub- ject to the availablity of the hydrants from the suppliers to the VILLAGE. SIXTH. Until such time as rental for such hydrants is assured and paid for by the East-West Fire Protection District, OWNER will Day annually to the VILLAGE such rental for such hydrants as is from time to time being paid by such District to the VILLAGE for other hydrants in the District. SEVENTH. The standards for the installation of the piping and the hydrants shall be in accordance with the following specifica tions: (1) polyvinyl chloride pipe (AWWA Spec. C-900) Class 150 or equal with push-on joints/couplings and underground metallic warning tape or (2) cement-lined ductile iron pipe (AWWA spec. C151-76) class 150, or equal. Any pipe and all joints and parts of the system must be able to stand pressure of not less than 150 pounds per square inch. The water demand: 1) Average Daily Flow: 76 Units x 2.5 people/unit x 100 gpd/capita = 19.000 gpd 2) Peak Day Demands= JOHNJ. MUNZEL 2x average daily flow or 2x 19,000 gpd = 38,000 gpd 3) Peak Hour Demand= 4 x 1 hr. of average daily flow or 19,000 gpd/24 hr x 4= 3,200 gallon/hr. All interior mains will be 8" and will be connected to the existing 12" water main on Middle Road - EIGHTH. The VILLAGE will supply without charge to OWNER suf ficient water to make essential tests and to leave the system on final approval completely sanitary, said supply to be not'less than 160 pounds per square inch. NINTH. The WORK shall be inspected by the VILLAGE which hereby delegates its Superintendent of Utilities or his designee full power of inspection hereunder. OWNER will grant complete freedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. No work not )assed by the inspector will be accepted by the VILLAGE. No back- ~illing shall be done until the pipe and the work in the trench has been approved and tested by the inspector. TENTH. OWNER wil~ and by this agreement does, upon appro- val of the completed work, which the VILLAGE will indicate to the WNER in writing, dedicate the mains to the VILLAGE, and does ereby grant and convey to the VILLAGE an easement and right of way for the purpose of laying, relaying, repairing, operating and maintaining water mains, both supply and distribution, and appur- JOHN J. MUNZEL tenances, including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or Drivate streets in the premises as shown on the attached map. The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within the roadway The mains and appurtenances and the rights of way and easements shall be deeded to the VILLAGE its successors or assigns, and shall forever remain the property of the VILLAGE, its successors or assigns. 'The rights of way shall be over the lands herein described and marked~ Exhibit "E". ELEVENTH. The easements herein granted are not exclusive, and other easements in said streets may be granted by OWNER to other persons or corporations maintaining public services throughout the develoDment, provided that no other mains are set within two feet internally of the water main and no poles are set into the ground within two feet either side of a line on the sur- face directly above the mains. If a gas, sewer or other main or service necessarily crosses the water mains, OWNER will advise th~ VILLAGE in writing of the exact location of the intersection forthwith upon installation and.shall supply maps to the VILLAGE showing the exact locations. Said intersections shall not be per· mitred without prior written consent of the VILLAGE. TWELFTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will exa- JOHN J. MUNZEL mine the ~roposed contract, ~lans, and specifications, and promptly furnish OWNER and the third party contractor with a writ- ten statement of what part, if any, of the WORK proposed in such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions, unless the situation at the site shall require them. THIRTEENTH. Upon completion, inspection and approval the VILLAGE will supply water to the development and the owners of the lands therein at the rates and pursuant to the rules and regula- tions of the VILLAGE in force from time to time. 'FOURTEENTH. The parties understand that final approval of the OWNER'Ss appliclations have not been given by all necessary )ublic authorities. The VILLAGE enters into this agreement to ~ssist OWNER in securing such approval, and by way of contrac- tually assuring to OWNER public water supply, if said appli- caltions are approved. FIFTEENTH. A one inch (1") service line shall be installed to each building, with a curb stop near the property line. This installation is under the direction and supervision of the GreenDort Water Department. SIXTEENTH. The VILLAGE requires a cash contribution of six hundred sixty-eight dollars and twenty ($668.20) cents per motel unit to be placed in the VILLAGE'S Water Department Reserve Fund to help gain new production supply, so as to assure OWNER of future adequate supDly. It is contemplated by this contract that JOHN J. MUNZEL the OWNER anticipates construction of seventy-six (76) motel units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of six hundred sixty-eight dollars and twenty ($668.20) cents times seventy-six (76) motel units for the total of fifty thousand seven hundred eighty-three dollars and twenty ($50,783.20) cents in bank or certified check. This per motel unit amount may be amended from time to time, depending on findings by the VILLAGE'S consulting engineers, Holzmacher, McLendon and Murrell, P.C. or their successors and upon approval by the Village Board of Trustees. In the event that the per mote] unit cost is increased or decreased between the execution of this agreement and the application for water, the OWNER shall pay the VILLAGE, upon application for water, the difference between the per motel unit amount specified herein and the per motel unit amount required by the VILLAGE at the time of the application of water times the number of motel units covered by said application Said payment shall be in bank or certified check and shall be pai to the VILLAGE prior to any hook-up for water. In the event that the OWNER does not complete the project as contemplated by this agreement or does not make application for the full number of motel units alloted or specified herein, the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive pro- perty of the VILLAGE and the OWNERS shall have no claim thereon. Notwithstanding the above, in the event that the Town of Southold does not approve the application of OWNER, the VILLAGE JOHN J. MUNZEL will refund the aforementioned amounts with thirty (30) days of receipt of notice of disapproval. SEVENTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of final approval of plans by the Town of $outhold, or within additional periods of 24 months each, however, it is hereby mutually agreed and understood that all spe- cifications in reference to materials used for the construction of said system, the WORK to be completed, and/or water to be supplied shall be changed to conform with the then current standard~ as set by the VILLAGE of Greenport Utility Department, its successor, or its authorized agent at each such interval. EIGHTEENTH. The OWNER agrees that upon completion of the work in accordance with any contract made pursuant hereto, title to the mains, hydrants, valves, and fittings so installed and laid shall be deemed dedicated to the VILLAGE, and the OWNER shall in confirmation of such passage of title, execute an instrument transferring and assigning to the VILLAGE the title, free and clear of all encumbrances or liens to the mains, hydrants, valves and fittings so laid and installed and if required by the VILLAGE shall procure from all persons having an interest in the land in which said mains lie a proper easement in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said mains and fittings including the right to extend the mains and to connect them with other mains to be laid by or under the supervision of the VILLAGE The instruments so executed shall be in recordable form. NINETEENTH. The VILLAGE agrees that when the installation, laying of the mains, valves, hydrants and fittings has been completed, pursuant to the terms of this agreement, and proper easements have been given, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the mains,~ valves, hydrants and fittings and maintain them thereafter and supply water to consumers along the mains subject to conditions, rules and regulations of the VILLAGE. TWENTIETH. Should the OWNER desire to lay the mains in sec- tions, separate construction contracts may be let for such sec- tions providing the extent of such separate sections shall be in the opinion of the VILLAGE sufficient to warrant a separate con- sideration. TWENTY-FIRST: This agreement contains the complete agreement between the parties for the acquistion by the VILLAGE of the mains, valves, fittings, and hydrants hereinbefore described and the OWNER agrees that it will not make any claims against the VILLAGE on account of the installation of the mains, valves, fit- tings or hydrants and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. TWENTY-SECOND. This agreement shall enure to the benefit and shall bind the respective heirs, legal representatives, successors or assigns of the parties hereto. TWENTY-THIRD. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement four (4) counterparts, all of which shall constitute originals, th day and year first above written. ATTEST: VILLAGE OF GREENPORT Clerk George~. Hubbard, Mayor , -~L~i/~F ~i~~ed partnership by: NEIL ESPOSITO LAW OF~CES OF STATE OF NEW YORK) COUNTY OF SUFFOLK) On the /~ ~ day of February, 1987, before me personally came NEIL ESPOSITO, general partner of the limited partnership known as CLIFFSIDE ASSOCIATES to me known and known to me to be the indi- vidual described in and who executed the foregoing instrument, and acknowledged that they executed the same. and that he was authorized to execute said docum~ --, iqo. 52 - 4603210 NOTARY PUBLIC STATg O~ NE~ YORg) county OF SUfFOLk) On the/~"' f~ day o. --_ ........ ~, 1987, before me Dersonally came GEORGE W. HUBBARD to me known, who, being duly sworn, did depose and say the he resides at No. 178 Central Avenue, Greenport, New York 11944, that he is the Mayor of the Incorporated Village of Greenport, the municipal corporation described in and which exe- cuted the foregoing instrument; that he knows the seal of said instrument is such corporate seal; that it was so affixed by orde] of the Board of Directors or said corporation, and the he signed his name by like order. NANCY W. COnK I,lO ARY PUSL)C. ,~I~[~ ~! N.Y Suffo)k Co. No. 4735151 ,~., lerm Expires ~ 30, lg~;2' NOTARY PUBLI~ 50-791/214 ~ar'ch 4 -~_ ~7 TOTHE~ OI~OEROF;i~ ;:'V.LLt. a[[e Of 6r'eenpor-4z , .~.,~,. i~ I $ 50,783.20 ' FL'~'Y:'~h0usa~d Seven Hund~-ed EL~;h~¥ Three and 20/100 DOLLARS .~OR~_ --~'~ DATE SEWER TREATMENT AGREEMENT AGREEMENT made this /es day of 1987 by and between the Village of Greenport, a municipal corDoration in Suffolk County havinq its office and principal place of business at 236 Third Street, Greenport, New York, herein called the "VILLAGE", and CLIFFSIDE ASSOCIATES, a limited partnership with principal offices located at 72 North Ocean Avenue, Patchogue, N.Y< 11772, herein called the "OWNER". WHEREAS, the VILLAGE owns and operates a municipal sanitatio sewage treatment plant and collection system within its terri- torial boundaries, WHEREAS, the OWNER is desirous of securing a sewage collec- tion system and/or water line for the project to be developed at the property shown on the map and preliminary site plan, attached hereto, made a part hereof and marked Exhibit "A", and WHEREAS the OWNER is willing at its cost and expense to lay and install or cause to be laid and installed the sewage collec- tion plan tion and if necessary and to give and maintenance of said sewage collection and WHEREAS, system and/or water line described on the map and preliminar~ and to transfer and convey same to the VILLAGE upon comple- procure easements for the system and/or water line, the VILLAGE is willing to collect the sewage from the project, and the parties have agreed upon the terms and con- ditions of collection of sewage and other matters, and WHEREAS the OWNER is the owner in fee of certain premises which premises are shown generally on a map and preliminary'plan annexed hereto, made a part hereof and marked Exhibit "A", and entitled "Cliffside", and WHEREAS OWNER is about to commence a develoDment known as "Cliffside" at Town of $outhold, New York and wishes to construct a sewage collection facility and/or water line on the certain rights of way on a certain map entitled "Cliffside", consisting of one (1) drawing, which are attached hereto, made a part hereof, and marked Exhibit "B", and to connect with the Village Sewage treatment System marked Exhibit "C". NOW, THEREFORE, in consideration of the premises and cove- nants herein, it is mutually agreed as follows: FIRST. OWNER will install at its own cost and expense, sewage collection system for the collection of sewage throughout the development as more fully shown on the Exhibit "D" attached hereto, ~repared by Henderson & Bodwell, dated 1/8/87. Said installation shall be in conformity with the agreement herein and the rules and regulations of the VILLAGE. SECOND. Locations of all sewage collection facilities and appurtenances are shown on a copy of the map entitled Village of Greenport, Sewer System~ THIRD. All necessary engineering work, trenching, laying, LAW OFFICES OF JO~-IN J, MUNZEL 5~ ROANOKE AVE/~UE RIVE~tI~EAD, NEW YORK joining, backfilling shall be done by OWNER and shall sometimes hereinafter be called "WORK". FOURTH. The standards for the installation of the piping shall be in accordance with the following specifications~ The water demand: 1) Average Daily Flow: 76 units x 2.5 people/unit x 100 gpd/capita = 19,000 gpd 2) Peak Day Demand: 2x average daily flow or 2x 19,000 gpd = 38,000 gpd 3) Peak Hour Demand: 4 x 1 hr. of average daily flow or 19,000 gpd/24 hr. x 4 = 3,200 gallon/hr. FIFTH. The VILLAGE will supply without charge to OWNER suf- ficient water to make essential tests and to leave the system on final approval completely sanitary, said supply to be not less than 160 pounds per square inch. SIXTH. The work shall be inspected by the VILLAGE which hereby delegates its Superintendent of Utilities or his designee full power of inspection hereunder. OWNER will grant complete freedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. No work not passed by the inspector will be accepted by the VILLAGE. No back- filling shall be done until the pipe and the work in the trench has been approved and tested by the inspector. SEVENTH. OWNER will, and by this agreement does, upon approval of the completed work, which the VILLAGE will indicate to the OWNER in writing dedicate the sewage collection facility and/or water line to the VILLAGE, and does hereby grant and convey to the VILLAGE an easement and right of way for the purpose of laying, relaying, repairing, operating and maintaining sewage collection facility both supply and distribution, and appurtenan- ces, including domestic services in the full length and wid.t~ of what is now or hereafter existing public or Drivate streets in the premises as shown on the attached map The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within the roadway. The mains and appurtenances and the rights of way and easements shall be deeded to the VILLAGE, its successors or assigns, and shall forever remain the property of the VILLAGE, its successors or assigns. EIGHTH. The easements herein granted are not exclusive, and other easements in said streets may be granted by OWNER to other persons or corporations maintaining public services throughout the development, provided that no other mains are set within two feet of the sewage treatment facilities and no poles are set into the ground within two feet either side of a line on the surface directly above the mains. If a gas, water or other main or ser- vice necessarily crosses the sewage collection facility OWNER will advise the VILLAGE in writing of the exact location of the inter- JOHN J. MUNZEL section forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations. Said intersections shall not be permitted without ~rior written consent of the VILLAGE. NINTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will exa- mine the proposed contract, plans, and specifications, and promptly furnish OWNER and the third party contractor with a writ- ten statement of what part, if any, of the WORK proposed to~uch contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions, unless the situation at the site shall require them. TENTH. Upon completion, inspection and approval the VILLAGE will collect the sewage from the development and the owners of the lands therein at the rates and pursuant to the rules and regula- tions of the VILLAGE in force from time to time. ELEVENTH. The parties understand that final approval of the OWNER'S applications has not been given by all necessary public authorities. The VILLAGE enters into this agreement to assist OWNER in securing such approval, and by way of contrac- tually assuring to OWNER public sewage system if said applications are approved. TWELFTH. The VILLAGE shall require a cash payment of seven hundred two (702.00) dollars per motel unit to be recorded as a consumer hook-up deposit and placed in a key money reserve account to help maintain and expand the sewage treatment facilities of the VILLAGE as may be necessary from time to time so as to assure OWNER of future adequate sewage disposal. It is contemplated by this contract that the OWNER anticipates construction of 76 motel units. Upon execution of this agreement, the OWNER shall d~posit with the VILLAGE the sum of seven hundred two ($702.00) dollars times 76 motel units for the total of fifty three thousand three hundred fifty-two ($53,352.00) in bank or certified check. This per motel unit amount may be amended from'time to time, depending on findings by the VILLAGE'S consulting~engi- neers, Holzmacher, McLendon and Murrell, P.C. or their successors and upon approval by the Village Board of Trustees. In the event that the per motel unit cost is increased or decreased between the execution of this agreement and the application for sewer hook-up, the OWNER shall pay the VILLAGE, upon application for sewer hook- up, the difference between the per motel unit amount specified herein and the per motel unit amount required by the VILLAGE at the time of the application for sewer hook-up times the number of motel units covered by said application. Said payment shall be in bank or certified check and shall be paid to the VILLAGE prior to any hook-up for sewerage. In the event that the OWNER does not complete the project as contemplated by this agreement or does not make application for the full number of motel units allotted or specified herein, the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive property of the VILLAGE and the OWNERS shall have no claim thereon. LAW OFFICES OF JOHN J, MLJNZEL Notwithstanding the above, in the event that the Town of $outhold does not approve the application of OWNER, the VILLAGE will refund the aforementioned amounts with thirty (30) days of receipt of notice of disapproval. THIRTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of final approval of plans by the Town of Southold, or within additional periods of 24 months each, however, it is hereby mutually agreed and understood that all spe- cifications in reference to materials used for the construction of said system, WORK to be completed, and/or sewage collection faci- lity shall be changed to conform with the then current standards as set by the Village of Greenport ~ewage Department, its suc- cessor, or its authorized agent at each such interval. FOURTEENTH. The OWNER agrees that upon completion of the WORK in accordance with any contract made pursuant hereto, title to ~he sewage collection facility so installed and laid shall be deemed to the be in the VILLAGE, and the OWNER shall in confir- mation of such passage of title, execute an instrument trans- ferring and assigning to the Sewage Collection Facility the title, free and clear of all encumbrances laid and installed and if dwelling herein, the VILLAGE shall keep all or liens to the sewer lines so units allotted or specified funds so deposited by the VILLAGE as the sole exclusive property of required by the VILLAGE shall procure from all persons having an interest in the land in which said sewage collection facilities so lie a proper easement LAW OFFICES OF JOHN J. MUNZEL in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said sewage collection facility including the right to extend the facility and to connect them with other facilities as to be laid by or under the supervision of the VILLAGE. The instruments so executed shall be in recordable form. FIFTEENTH. The VILLAGE agrees that when the installation 'of the sewage collection facility has been completed, pursuant to the terms of this agreement, and proper easements have been g~e, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the sewage collection facility and maintain them thereafter and collect sewage for the consumers subject to con- ditions, rates, rules and regulations of the VILLAGE. SIXTEENTH. Should the OWNER desire to lay a sewer collection facility in sections, separate construction contracts may be let for such sections providing the extent of such separate sections shall be in the opinion of the VILLAGE sufficient to warrant a separate consideration and shall be in the best interests of the overall sewage collection system of the VILLAGE. SEVENTEENTH. This agreement contains the complete agreement between the parties for the acquisition by the VILLAGE of the sewage collection system, and the OWNER agrees that it will not make any claims against the VILLAGE on account of the installatior of the sewage collection system and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. LAW OFFICES OF JOHN J. MUNZEL EIGHTEENTH. This agreement shall inure to the benefit and shall bind the respective heirs, legal representatives, successor~ or assigns of the parties hereto. NINETEENTH. This agreement shall not be assiqnable by the OWNER without the consent in writing of the VILLAGE which consent shall not be unreasonably withheld. IN WITNESS WHEREOF. the parties have executed this agreement four (4) counterparts, all of which shall constitute origin.als, th. day and year first above written. : ATTEST: Cler]( - ~ -- ' VILLAGE OF GREENPORT George. Hubbard, Mayor / CLIFFSIDE ASSOC~I~ATES, a limited partnership by: NEIL ESPOSITO n JOHN J. MUNZ£L ISTATE OF NEW YORK) JCOUNTY OF SUFFOLK) On the/~ day of February, 1987, before me personally came NEIL ESPOSITO, general partner of the limited partnership known as CLIFFSIDE ASSOCIATES to me known and known to me to be the indi- vidual described in and Who executed the foregoing instrument, and acknowledged that they executed the same, and that he was authorized to execute said document. STATE OF NEW 'YORK) COUNTY OF SUFFOLK) On the /~'-da¥ o GEORGE W. HUBBARD to me known, who, being duly sworn, did depose and say the he resides at No. 178 Central Avenue, Greenport, New York 11944, that he is the Mayor of the Incorporated Village of Greenport, the municipal corporation described in and which exe- cuted the foregoing instrument; that he knows the seal of said instrument is such corporate seal; that it was so affixed by order of the Board of Directors his name by like order. IU/.A,R¥ PUSLtC, St,~l, of N.Y Suffolk Co. No 4135151 Term/xpkes~ 30, or said corporation, and the he signed NOTA. Y 1987, before me personally came 6~ '~/ NORTH I::Oi:II~(~B~/~NK 3 2 7 0 Z :'~OROEROF ~.LLa~e o¢ Greenpo~ I $ 53,352,00 TH~ I".~T~ FO~K BANi( Ai~D_ ~? .~ ;E~,~T~e~ Thousand Three Hundred Fiery Two and 00/100 DOLLARS ~_.~ · . - . !d To Southo wn oard of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 20, 1987 To: Southold Town Planning Board Main Road Southold, NY 11971 Mr. David Emilita Southold Town Planner c/o Planning Board Southold, NY 11971 Re: TideMark/Cliffside Associates Gentlemen: This letter will confirm the following position and status in the above matter: (a) The Board of Appeals at our Regular Meeting held April 2, 1987, concurred with the most recent designation by the Planning Board for lead agency status concerning the site plan elements on the Amended Project of Tidemark for 76 motel units. It is our opinion that the site plan elements, including parking, drainage, curb cuts, screening, etc. will require a broader review since it affects the land and construction directly. The Special Exception review involves only use and is not directly related to new construction or site changes. We would like to request that you coordinate in order that we may assist you in the reviews at the town level once the next step is initiated. (b) The Draft Environmental Impact Statement received by us on March 20, 1987 indicates an amendment for the 76 motel units; however, we do not agree the DEIS has been amended to properly reflect this new project and feel that the issues concerning traffic safety should be addressed further. It is also our understanding that an application is still pending with the Suffolk County Health Department, although a contract with the Village of Greenport concerning water and/or sewage may have been recently approved. Page 2 April 20, 1987 To: Southold Town Planning Board Mr. David Emilita, Town Planner Re: Appl. No. 3542 as Amended - TideMark/Cliffside Associates Please coordinate your reviews with us directly; and if there is any way we may assist you, please let us know. lk CC: Richard Pellicane, Esq. Mr. Henry E. Raynor, Jr. Building Department Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Mem~ndum from.... $outhold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 4/20/87 To: MEMORANDUM FOR THE RECORD Subject: TIDEMARK/CLIFFSIDE ASSOCIATES Telephone conversation today with Henry Raynor as to status of ZBA file. Advised that Town is reviewing DEIS submitted on or about 3/20/87 through Dave Emilita. ZBA will not schedule without finalized SEQRA. Henry will advise us of status of original application with Health Department. Mem ndum from. . .' Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: MEMORANDUM ~=~l~.x Subject: Date: 3/24/87 FOR THE RECORD TIDEMARK/CLIFFSIDE ASSOCIATES Mr. Emilita will review Draft EIS received 3/20/87 it appears incomplete at this time and he will make notations and advise PB & ZBA. DEIS does not reflect some concerns requested by ZBA in Positive Declaration. LEAF was not received by ZBA as of 3/24/87. File is incomplete pending receipt of Co. Health Dept. action, Village contract (signed by Village), DEIS for 76 motel units, LEAF. Copy of DEIS distributed to Chairman (ZBA) 3/24/87. RIOHAI~D PELLIGANE ATTOR~Y AT LAW March 9, 1987 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Attn: Mr. Gerard Goehringer Re: Cliffside Associates (Tide Mark) Dear Mr. Geohringer: I have forwarded to your Board the executed copies of the water & sewer contracts for Cliffside Associates. I believe this completes the necessary require- ments from your Board for a determination on the Special Exception use for this property. Please schedule same for your earliest possible agenda. Very truly yours, RP:sjk cc: Rr. Mr. Kenneth Tedaldi Henry Raynor ~5 BOINI)EN SQUARE, SOUTHAHPTON, NEW YORK 11968 T LD Southold, N.Y. 11971 (516) 765-1938 December 1, 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 RE: Site plan for Cliffside Associates Dear Mr. Raynor: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, November 24, 1986. RESOLVED that the Southold Town Planning Board refer the site plan for Cliffside Associates for construction of 76 motel units located at County Route 48, Greenport to the Building Department for certification. Site plan dated May 15, 1986 and includes an office, tennis courts and pool all proposed as amenities to the motel units. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the site plan proposal for Cliffside Associates for 76 motel units with amenities located at Greenport. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary P.S. - Would you please forward three site plans for our referral to the Building Department. Thank you. BOARD OF ZONING APPEALS: TOWN OF SOUTHOLD: The matter of the application of : Cliffside Associates : AFFIDAVIT STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS: Neil Esposito being duly sworn desposes and says: That I am a partner of Cliffside Associates, the applicant with respect to an application pending before the Board of Zoning Appeals of the Town of Southold for a special exception permit to permit the construction of 76 motel units on the property located at Greenport. That we have obtained contracts and approval from the Village of Greenport for the installation and hook up of public water and public sewer to the site. Accordingly the site will be serviced by both public water and public sewer as is required pursuant to the provisions of the Zoning Code of the Town of Southoldi / Sworn to before me z~/~-~ this ~-.~ day of 14~vem~r, 1986 KATHL£EN SMITH NOTARY PUBLIC State of No. 52 - 4603210 Qualified In Suj~ DECLARATION DECLARATION, made the day of Associates, a New York partnership having its North Ocean Avenue, Patchogue, New York as DECLARANT. 1986 by Cliffside principal office at 72 11772, hereinafter referred to WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of a certain parcel of real property located in the Town of Southold, County of Suffolk, State of New York which is more particularly bound and described on Schedule A annexed, and WHEREAS, the Declarant has received site plan approval from the Planning Board of Town of Southold on for the construction of 76 motel units on the subject property, and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interest of the Town of Southold, and the prospective owners of the subject property that the within covenant be imposed on said property, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be in the best interest of the Declarant and the subsequent owners of the subject property. NOW THEREFORE THIS DECLARATION WITNESSETH That the Declarant for purposes of carrying out the intention set forth herein does hereby make, publish, covenant and agree that the subject premises shall hereafter be subject to the following covenant which shall run wi the land and shall be bi ng upon the Declarant and all subsequent owners of the subject property or any part thereof, their heirs, legal representative, distributees, successors and assigns, to wit: That the within described property shall only be used for resort motel, hotel, marina, conference facilities and other uses now or hereinafter permitted under the zoning law of the Town of Southold as said law may from time to time be ammended. That this Declaration and Covenant may only be modified at the request of the owner or owners of the subject property with the approval of a majority of the members of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the aforementioned Declaration on the day and year first above written. CLIFFSIDE ASSOCIATES By: Neil Esposito, General Parnter STATE OF NEW YORK) ) COUNTY OF SUFFOLK) On the day of , 1986 before me personally came to me known to be the individual described and who executed the foregoing instrument as a General Partner and he acknowledged that he executed the same and said capacity. NOTARY PUBLIC P L~R O T Q,~'~_. 0~ $OUTH.O~LD Southold, N.Y. 11971 (516) 765-1938 June 3, 1986 Mr. Henry E. Raynor, 320 Love Lane Mattituck, NY 11952 Jr. Re: Site Plan for "Cliffside Associates" located at Greenport Dear Mr. Raynor: With_regard to the above mentioned site plan dated May 15, 1986 for construction of 76 motel units, the Board requests that a contract from the Village of Greenport for supplying water and sewer be submitted. This information is needed prior to the Board's review in order to substantiate the density proposed. The Board also requests that drainage calculations be submitted to conform to the Town of Southold specifications. With regard to the layout, the Board is not in favor of three story buildings. Please contact this office if you have any questions. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary (516) 283-7200 RICHARD PELLICANE November 3, 1986 Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Application No. 3542 (Amended) - Tide Mark (Cliffside Associates) Dear Sirs: Enclosed please find a copy of the N.Y.S. Department of Environmental Conservation's letter claiming no jurisdiction. We had forwarded a copy of the amended plan to the Building Inspector on July 28, 1986. We are assuming he has contacted you since that time. Copies of correspondence with the Village of Greenport concerning public water & sewage can be found in the Planning Board's file. We had one problem with the adjacent owner's notification (see attached). My office rechecked the Assessor's records and there has been no change of address filed. The other required items should be submitted shortly. SJK/ Encl. Very truly yours, Richard Pellicane 25 BOWDEN.~QUARE. SOUTHAMPTON, NEW YORK l1968 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 Stony Brook, N. Y. 11794 Dear A review has been made of your proposal to: New York State,Department of Environmental Conservation has found the parcel ~project to be: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length constructed prior to September 20, 1977. Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated). ~andward of topographical crest of bluff, cliff or dune in excess of 10' in elevation above man sea level. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated). Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. Very truly yours,/ Alternate Regional Permit Administrator MAYOR GEORGE W. HUBBARD TRUSTEES JEANNE M. COOPER GAlL F. HORTON DAVID E. KAPELL WILLIAM H. LIEBLEIN SUPT. OF UTILITIES JAMES 1. MONSELL 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 UTILITY OFFICE TEL. ($ 16) 477-1748 POWER PLANT TEL. (516) 4']7-0172 October 10, 1986 Bennett Orlowski, Jr. Chairman - Planning Board Town of Southold Main Road Southold, N.Y. 11971 Dear Mr. Orlowski: The Village of Greenport has authorized contract preparation for the project known as Tide Mark I, north Greenport. When the contract is signed by all parties, we will forward a copy to you for your files. If I can be of further service, please call. James I. Monsell Superintendent of Public Utilities JIM:jg CC: Mayor, George Hubbard All Trustees Village Attorney Utility Conmaittee Henry Raynor Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINOER, CHAtRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 11, 1986 Richard Pellicane, Esq. 25 Bowden Square Southampton, NY 11968 Re: Appl. No. 3542 (Amended) - Cliffside Associates/Tide Mark Dear Mr. Pellicane: This letter will confirm a recent telephone conversation with your secretary that the board has deemed the file incomplete at this time pending receipt of the following: (a) N.Y.S. Department of Environmental Conservation approval in accordance with Section 661.5(b); (b) Suffolk County Health Department approvals; ~ (c) Planning Board preliminary approval or Written input coordinating its comments under its reviews per Article XIII; (d) copy of Building Inspector's amended certification as required by Section 100-133(C); · , ',~'T'~..~._~.~ (e) copy of executed agreement or contract with the Village of Greenport concerning public water and/or public ~sewer; /~{[,'~i~',-'?~ (f) affidavit certified by the applicant/property owners that the premises will be served by pub].ic water and public sewer utilities. Thank you for your assistance; if you have any questions, please don't hesitate to contact our office. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: Building Department Planning Board Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHOLDo L.I., N.Y. ll:J"/1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES ORIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August ll, 1986 Richard Pellicane, Esq. 25 Bowden Square Southampton, NY 11968 Re: Appl. No. 3542 (Amended) - Cliffside Associates/Tide Mark Dear Mr. Pellicane: This letter will confirm a recent telephone conversation with your secretary that the board has deemed the file incomplete at this time pending receipt of the following: (a) N.Y.S. Department of Environmental Conservation approval in accordance with Section 661.5(b); (b) Suffolk County Health Department approvals; (c) Planning Board preliminary approva'i' or written input coordinating its comments under its reviews per Article XI!I; (d) copy of Building Inspector's amended certification as required by Section 100-133(C); (e) copy of executed agreement or contract with the Village of Greenport concerning public water and/or public sewer; (f) affidavit certified by the applicant/property owners that the premises will be served by publ.ic water and public sewer utilities. Thank you for your assistance; if you have any questions, please don't hesitate to contact our office. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: Building Department Planning Board 7.'40 p.m. Appl. No. 3798 ~I.I'Z~ET~ McCANCE. Variance to the Zoning Ordinance, Anicie Section 106-20 (A~-.in DZ Section 100-31 as Disapproved) for approval of ins~ficinnt ~.a in this 'pending division of ]&nd of ty, (R-gO Zone Dht~ct.) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot,3-5.1. 7:45 p.m. AppL No. 3863 --NI- CHOLAS TS]RKAS. Variance to the Zoning Ordinance, Article XX[¥, Section 100-244, as disap- Ixoved, for pennission to a one family dwd]in8 with an ins~- F~im 40' fto~tyaxd sct~ck irt this tion 2700 Sound Avenue, G. reen- port, Count,/Tax Map Distri~ 1000, Section 033, Block 01, Lo~ 1L 7:50 p.m. Appl. No. 3827 EDWIN 1ONSCHERR Va~nce to thc Zoning Ordinance, Article I, Section 106-20, (Anicie HZ, Section 100-31, as disapproved), for approval of inSld~icin~lt a~ls in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Gr~enport, Sectionc 043, Block 04, Lm 29-30-35. 7:55 p.m. Appl. No. 3864 LEOFOLD STERN. Variance to the Zoning Ordinance, A~cie XX~Z, Section 100-239d, B. (Article XXIV, Section 100-244, as disap- proved), for permission to construct n (me famiJy dw,lllng with an insuf- ficient reafyard setback, approxi- mately 75 feat from the Ixdkhead in this R-40 Zone District. Property Location: 13~0 Bayv~ew l~ve, East Marion, C~nty Tax Map District 1000, Section 37. Block 5, Lot 22. 8:00 p.m. Appl. No. 3865 CHAIn ~.~ AND CAROL BURST. Variance to the Zoning Ordinance, Aninin nT A, Se~on 100-30 A.3, as street addition with insm'Ttcimt side and rea~ard setbacks in this R-40 Zone District. Property Location: 705 Windy Poim Reed, County Tax Map'District 1000, Section 87, Block 4, Lot 6. g:05 p.m. AppL No. 3966 HENRY A~EENY. Va~nce to Zoning Ordinance, Article VIIZ, apl~ov~ of inst~icient are~ in this · pending subdivision, (Light Bud- ness Zoning District (LB), Property Loca~on: Route 48, Kenny's Ro~d, Seuthold, Cotmty Tax Map Disuict 1000, Section 059, Block 07, Lot 31. 8:10 p.m+ Appl. No. 3849 CZP]TET t T BROS. REALTY. Vari- cie ~ Section 100-23~d, A (1), as disapproved, for pe~nisalon to construct a one family dwelling with a insufficient setback and with- in 100 feet from Long Island Soond in this R-,lO Zone District. Location of P~perty: 90 Perry's Drive, Ori- ent, County Tax Map No. 1000, Section 14, Block 2, Lot 24. g:15 p.m. Appl. No. 3952 -- RZCHARD DiBLASI. Va~innce to the Zoning Ordinance, Article I~, Section 100-30A3, as disapproved, for permission to constr~ct open deck in f~nt yard, nonconforming with bnJk area and perking regula- tions in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lo~ 01. 8:20 p.m. AppL No. 3852 -- EL- tlOT PASKOFF. Variance to the Zoning Ordinance, Article IZZ A~ Section 100-30A.3, {Article Section 100-231 (A), as disap- I~OVed) for I~rmission to const~ct a~ attached deck with insufficient side ya~l and accesser'/fence lis) in front yard at thc height of more t~n ~luired 4 feet. Lot ama is nmco~orming in this R-40 Zone District. P~'~perty Location 205 North Sea Dt~ve, Southold, NY, County Tax Map No. 100~, Section 54, Block 4, L~t 4.~ 8:25 p.m. App~'~ No. 3854 -- NANCY STEIN. V~rinnce to the rio, 100-119.2. (A~icie I, Section sion to ~stm~ a deck addition Zoning District R-40. Property ~ati~: ~35 Cedar ~ne, East 8:~0 p.m. Appl. No. 3857 ~ the Zoning Ordinance, Article a dec~ additi~, ins~icient Mat~tuck, County Tax Map No. 8:~5 p.m. Appl. No. 3858 ~ cie XXIV, Section 100-244, as fiei~t to~ side y~rd set~cks ~ · ~ R~ ~e Dis~cc P~y Location: Watersedge Way, Southold, County T~x Map No. ~SIDE ~E ~RK). V~- cie V, Sectlon 100-50B Special ~, Cowry T~ Map No. 10~, -- '~:+= p.m. 'AppL No. 3770 ~ ~RT O~ EG~. V~ m ~e ~gD, m d~) f~ ~is- sion to c~st~ct Boat Storage Ma~e R ~-~ Zon~g Disffict. ~Prope~y Location: Main Road, Southold, County Tax Map No. 8:50 p.m. Appl. No. 3842 ~ ~ESCENT BEACH CONDOS. disa~mve~ for ~ssi~ ~ ~- ~closed wi~ ~s w~dows wi~ insufficinnt setbacks. Property Mafi~, ~ ~s Reso~ealdenti~ ~) ~e District, County Map ~ 1~30A-3, ~ dh~ f~ appmv~ ~ c~stmct a s~gle family dwelling wi~ ~suf~ci~t District. Pr~y ~ation 1015 Munn ~ne, OH~t, County Tax Map District 1~0, Section 017, ~ h~ ~ ~ch of ~e a~e ~t- · e subje~ h~ng. Each he~g ~ needed. For mo~ info~ati~, BY ORD~ OF ~E ~O~ ~ BO~D OF ~P~ G~ E ~E~G~ By ~ Fc~c~ )ss: COUNTY OF SUFFOLK) Patrici~ Heaney ,. of Mattituck, in ~aid County, being duty sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at MattRuck, in the Town of Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for ~ weeks successively, commencing on the 14th day of Prinoip/Clerk Sworn to hefor~line mb NOTICE OF H~RINGS. NO~CE IS HEREBY GIVe, ~u~t to ~ 267 ~ ~ To~ ~w ~d ~e ~e of ~e To~ of Sou~old, ~e foHow~g h~aring~ w~l be held by the SOU~HOLD ~ BOA~ OF ~ = a Regular Mee~ng, at th~on~ol~ To~ HaH, M~n Road, S~old, NY 11971, on THURSDAY, SE~MB~ 21, 1~89, at ~e roi-' 7:30 p.m, AppL No. 3861 -- SOUTHOLD FREE LIBRARY. Va~ m ~e ~g O~, approved, (nonconfo~ing Bulk ~ ~d ~ ~ of ~e. Ha~ Bus.ess dis~c0 ~ total side ya~ setbacks. P~e~y Location: 53705 Main Road~ Southold~ County Tax Map No.' 1~, ~ 61, BI~ I, ~ 14. 7:35 p,m, AppL No. 3859 EMANUEL PIPERAKIS AND D~OS AG~O~U~US. VaH~ce to ~e ~n~g O~ce, A~icle XXIII, Section 100-239d (A) (1), a~ disa~v~, for wi~ deck and fence, within 100 feet f~ S~d ~ ~s R40 Dist~cc Pmpe~y ~cari~: 3410 No~ Sea Drive, O~ent; Co~ty Tax Map No. 1000, Section 15, IJ ~,'erm Ex~ires Febrt~r~/-' ~ ~' ~IIUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....... /. · weeks successively, Commencing on the ....... /.~. ~' Sworn to before me this '' · ...... day of ,19 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County . Commission Expires ~/~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant io Section 267 of the Town Law and the Code of the Town of Southnid, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. AppL No. 3861-- SOUTHOLD FREE LIBRARY. Variance to the Zoning Or- dinance, Article IX, Section 100-102, ns Disapproved, (non- conforming Bulk a~a and park- in~ requiremant~ of the Hamlet Business District). ' Proposed construct/on will have insuffi; cient total side yard setbacks.. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block: 1, Lot 14. 7:35 p.m. Appl. No. 3859--' EMANUEL PIPERAKIS AND DIMITRIOS AORIROPOU- LOUS. Variance to the Zoning Ordinance, Article XXIII, Sec- tion I00.239d (A) (1), as disap- proved, for permission to con- struct an inground pool with deck and fence, wi,thin 100 feet from Sound in this R-40 Zone District· Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Sec;L~ tion 15, Block 1, Lot 3. . -x- 7:40 p.m. Appl. No. 3798-- ELIZABETH McCANCE. Var- iance to the Zoning Ordinance, Article 1, Section 106-20 (Artl- cie Iii Section 100-31 as Disap- proved) for approval of insuffi- cient area in this pending divi- sion of land of property, (R-80 Zone District.) Property Loca- tion: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. 7:45 p.m. Appl. No. 3863-- NICHOLAS TSIRKAS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244, ns disapproved, for permission to construct a one family dwell- ing with an insufficient 40' frontyard setback in this R-tO Zone District. Property Loca- tion: 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot n. 7:50 p~Appl. No. 3827-- EDWIN ~qSCHERF. Vari- ance to tlt~FZoning Ordinance, · Article I, Section 106-20, (Arti- cle 111, Section 100-31, as disap- proved), for approval of insuf- ficient areas in this pending sub- division (R-40 Zone District.) Property Location: 350 Wood Lane, Oreenport, Section 043, Block.04, Lot 29-30-35. 7:55 p.m. Appl. No. 3864-- LOEPOLD STERN. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100.239d, (Article XXIV, Section 100.24~, as disapproved), for permission to construct a one family dwell- ing with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Loc. a-' tion: 1390 Bayview Drive, East Marion, County Tax Map Dis- trict 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865~ CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article I11 A, Sec- tion 100-30 A.3, as disapproved, for permission to construc~ addition with insufficient side and rearyard setbacks in this~ R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. 8:05 p.m. Appl. No. 3866-- HENRY ARBEENY. Variance to the Zoning Ordinance, Arti- cle VIII, Section 100-82, as dis- approved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County 'lbx Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849~ CIPITELLI BROS REALTY. Variance to the Zoning Ordi- nance, Article XXIII, Section 100.239d, A (I), as disapproved, for permission to construct a one family dwelling with an in- sufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, Coun- ty Tax Map No. 1000, Section 14, Block 2, Lot 24. 8:15 p.m. AppL No. 3852-- RICHARD DiBLASI. Variance to the Zoning Ordinance, Arti- cle III, Section 100.30A3, as dis- approved, for permission to construct open deck in front yard, nonconforming With bulk area and parking regulations in this R-A0 Zone District. Proper- ty Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No~3852-- ELLIOT PASKOFF. ~mce to' the Zoning Ordinan~lWArticle III A, Section 100.30A.3, (Ar- ticle XXIII, Section 100-231 (A), as disapproved), for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is non- conforming in this R-40 Zone District. Property Location: 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Sec- tion 54, Block 4, Lot 4. ' 8:25 p.m. Appl. No. 3854-~ NANCY STEIN. Variance to the Zoning Ordinance, Article 1II, Section 100-119.2. (Article I, Section 97-12C, as disappwved~ for permission to construct a deck addition within 75 feet of water or wetlands. Zoning Dis- triet R-A0. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Sec- tion 037, Block 04, LOt 10. ' 8:30 p.m. Appl. No. 3857-- MICHAEL TOFFALIS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244J' As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in an R-40 Zone District.. P¥operty Loca- tion: 50 Captain Kidd Drive, Matfituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. 8:35 p.m. AppL No. 3858-- BERNARD COSIMANO. Vmi- ance to the Zoning Ordinance, Article XXII1, Section 100.239d, B. (Article XXIV, Section 100.244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard set- backs in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, FS 5, Lot 63. ~ p.m. Appl. No. 3542~' IDE (TIDE MARK), ce to the Zoning Or- ce, Article V, Section 100.50B Special Exception, (Ar- ticle XIII, as disapproved) for permission to construct 76 motel Units in this Resort/Besidential o(RR) Zone District. Property Location: 61475 County 48, reenport, County Tax Map · 1(300, Section 045, Block 01, 8:45 p.m. Appl. No. 3770-- PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100.121C-122, (Sec- tion I00.239D, ns disapproved) for pennissinn to construct Boat Storage Building with insuffi- cient setbacks and excessive lot coverage in this Marine II (M- 1I) Zoning i~istrict. Property Location: Main Road, Southold, County Jhx Map No..( 1000, Section 056, Block 04, 06~,'~ 8:50 p.m. Appl. No. 3842-- CRESCENT BEACH CON- DOS. Variance to the Zoning Ordinanc~ Article XXVII, Sec- tion 100-271, as disappruved, for permission to enclose decks or patios of units to be enclosed with glass windows with insuffi- cient setbacks. Property Loca- tion: End of Maple Lane, East Marion, in this Resort/Residen- tial (RR) Zone District, County Map No. 1000, Section 38, Block 7, Loti21 units. ~ DR. PAUL MITCHELL. Variance to, the Zoning Or- dinance, Article III A, Section 100.30A-3, as disapproved, for approval to construct a single family dwelling with imufficient front yard setback in this R-40 Zone District. Property ~ tion: 1015 Munn Lane, Orient, County Tax Map District 1000, Section 017. Block 02. Lot 08. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of- the above matters. Written coni- meats may also be submitted prior to the conclusion of the subject hearing. Additional time for your presentation will be available, if needed. For mote information, please call 765-1809. . Dated: September 1, 1989.- BY ORDER OF THE ~ ' SOUTHOLD TOWN: ' BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application, your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN df Enclosure Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. {Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, $outhold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y'. llg?l APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Date: $.E.~.R.A. UNLISTED ACTION September TELEPHONE (516) 765-1809 21 , '1989 Notice of Determination of Non-Significance Appeal No. 3542 Project/Applicants: Cliffside (Tide Mark) County Tax Map No. 1000- 45-1-1 Location of Project: 61475 County Rd., Greenp0rt Relief Requested/Jurisdiction before this Board in this Project: Construct 76 Motel D~its in this Resort/Residential (RR) Z°~is Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: [ X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: {~} the project is proposed in an area with land contours 10 or more feet above mean sea level; { bulkheaded; } the area seaward of the proposed construction is { structures; } the project is proposed landward of existing { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C.. Suffolk County Department of Health Services. and/or tn JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICEOFTHETOWN CLERK TOWN OF SOUTHOLD July 28, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Tranmsitted herewith is Zoning Appeal No. 3542 application of Tide Mark (Cliffside Associates) for a special exception. Also included is Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land-Use; Notice to Adjacent Property Owners; and site plan. Judith T. Terry Southold Town Clerk RICHARD PELLICANE ATTORNEY AT LAW (516) 283-7200 July 28, 1986 Board of Zoning Appeals Town of Southold Main Road Southold, NY 11971 Re: BZA Application - Tide Mark (Cliffside Associates) Premises: Middle Road, Greenport, NY Dear Board Members: Enclosed please find an application for Special Exception permission for the construction of motel units in connection with the above premises. A previous application was made with respect to this site, which I would like to amend at this time. Should you require any additional information, please contact my office. SJK/ Encl. Very truly yours, Richard Pellicane 25 BOWDENSQUARE. SOUTHA~PTON, NEW YoRK l1968 eOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. ),b ~-.~ Date Filed: -(/~K/~ TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (We), Cliffside Associates of 72 N. Ocean Avenuer (Resi'dence, House No. and Street) Patchogue, NY 11772 (Hamlet, State, Zip Code, Telephone' Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPIION in accordance with the ZONING ORDINANCE, ARTICLE v , SECTION 100-50 , SUBSECTION B (4) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): $.C. Ta× Mag #1000-045-01-02 Property is located on the northwest side of Middle Road (C.R. 48), Greenport, New York. Property is currently zoned M-1 Zone. Request is hereby made for Special Exception permission to construct 76 motel units in accordance with Section 100-50 B (4) of the Code. The proposed use will comply with Section 100-121 C of the Code. A. Statement of Ownership and Interest. Cliffside Associates is(are) the owner(s) of property known and referred to as Middle Road (C.R. 48). GreenDort. NEW ¥~rk (Hou'se No., Street, Hamlet) - ' identified on the Suffolk County Tax Maps as District lO00, Section 45 , Block 1 , Lot(s) 1 & 2 , which is not (is) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned M-1 [ ] is consistent with tile use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): and [X ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn to befor~me this ~S day of July (~Notary P~' i c) MARY LOU OREEBEN ?,~, /.._ .~'-~,.~ ....., NOTARY PUBLIC, State of New York /U/ [rev. //o/~o) No. 4763),29, Suffolk County Commission Expires ~ 30, 19-~. -[Signatu e) Richard Pellicane , 1986 . Attorney for Applicant BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or th~Petition of : Cliffside AslTiates:: to the Board of Appeals of the Town of 5outhold : TO: Jerad Motel Corp. North Road Greenport, NY 11944 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~ci~l Excep~n.~ (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribedas follows: S.C. Tax Ivl~p No. ]000-45-]-] ~ 2 Northwest side of Middle Noad (C.R. 48), Greenport, New York 3. That the property which is the subject of such Petition is located in the following zoning distri~;t: 4. That by such Petition, the undersigned will request the following ~: S~ial ~ception ~ssion for ~e ~ns~ction of 76 ~tel ~its 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article V .. Section 100-50 B (4) [ ] Section 2~O-A, New York Town Law for approval of access over right(s)-of-way. 6. That within ;~ive days from, the date hereof, a written Petition requesting the relief specified above will be filed in the Southol,! Town Clerk s Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours (516) 765--1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 25, 1986 Petitioner Richard Pellicane Owners ' Names: Cliff~ide Associates Post Office Address C/O Richard P~I I (~an~ 25 Bowden Sq., Southampton, NY 11968 (Tel. (516) 283-7200 ) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS. ADDRESS P 287 850 098 RECEIPT FOR CERTIFIED MAIL Jerad Mote% Cori~ .. Greenuort, NY 11944 SENDER: Complete items 1.2.3 and 4. ut your address in the "RETURN TO" space on the averse side. Failure to do this will prevent this card from ,e[ng rel~urned to you. The return receipt fee wiu provide ou the name of the person deiivered to and the date of ieliver¥. For additional fee~ the following services ere vailable. Consult postmaster for fe~s and check box(es} or service{s) requited. · [] Show to whom, date and address of delivery. !. El Restricted Oelivery. t. Article Addr~sed to: ..Jerad Motel Corp. iNorth Road Greenport, NY 11944 i, Type of Service: I Article Number ~_ Registered [] Insured 29. Certified E]COD P 287 850 098 ~ Express Mail %1ways obtain signature of addressee or agent and )ATE DELIVERED. Signature -- AddreSsee STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Sherry Kiselyak , residingat (no #) C~ptain's Ncc. l( Tan~~ South--_ on. NY 11968 , being duly sworn, deposes and says that on the 25th day of July ,19 86 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southan%2ton? NY ; that said Notices were mailed to each of said persons by ~ (registered) mail. Sworn to before me this 25th day of July ,19 86 d Notary Public MARY IOU DREEBEfl NOTARY PUBLIC, Statd ilo. 4763[29, SutMk Commission £x0ifes M,we;t 3~; ,~'~ S~jry Kisel;~ ~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of Clif fside ~iates ~otheBoardofAppeals ~theTownofSouthold TO: Patrick & Rose Stewart 18 Wilson Street Hartsdale, NY 10530 NOTICE TO ADJACENT PROPE~T~'OWq~ER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~p~ecial Exc~p~.io~ (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~q_~_ ma× Map klo. 3000-45-1-1 & 2 Northwest side of Middle Road (C.R. 48), Greenport, NY 3. That the property which is the subject of such Petition is located in the following zoning d trict: M-1 General Multiple-Residence District 4. That by such Petition, the undersigned will request the following ~es~]c[~: Special Exception permission for the construction of 76 motel units $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article V Section 100-50 B (4) [ ] Section 2~--~A, ~ew York Town Law for approva] of access over right(s)-of-way. 6. That within fiv~ days from, the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk s Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. - 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the ToWn of Southold and designated for the publication of such notices; that you or your representative have the right toappear and be heard at such hearing. Dated:i; July 25, 1986 Richard Pellicane ~ Petitioner Owners ' Names: Cliffside Associates Post Office Address c/o Richard Pellicane 25 ~O~d~n Sq.. Southan~ton. NY 11968 ~ (Tel. (516) 283-7200 ) NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 287 850 097 RECEIPT FOR CERTIFIED MAIL /See Patrick & Rose Stewart ~e, ~ 10530 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: O SENDER: Complete items 1.2, 3 and 4, Put vour address in the "RETURN TO" space on the reverse side Failure to do this will oreven! this card from being returned to you. ,The return r~;eipt fee w II provide you the name of the person delivered £o and the date of delivery. For additional fees the following services ere Article Addr~sed to Patrick & Rose Stewart 18 Wilson Street Hartsdale, NY 10530 4 TyPe of Service: ~__1~ F~egistered · [-J Insured Certified El COD [] Express Mail Article Number P 287 850 097 Always obtain signature of addressee or agent and DATE DELIVERED. 7. Date of Oelivery B. Addressee's Address (OjYJ[Yi, frcq~E/~.f~l[d) Sherry Kiselyak , residing at (no ~) Captain's N~ck Tano: ~:~'cha~r~con. ~ 11968 , being duly sworn, deposes and says that on the ~ day of July ,19 8(~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southan~ton. NY ; that said Notices were mailed to each of said persons by ~ {re~istere~J) rna'il. Sworn to before me this 25th day of July , 19 86 (~ Notary Public MARY LOU OREEBEfl NOTARY PUBLIC, Stat~ 0 N4,~ Ybrk Sherry Kisely~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ~1~ the Petition of Clif fsi~ Associates to the Board of Appeals of the Town of Southold TO: E. Banks & others Box 445 Greenport, NY 11944 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to request a (Variance) ~ecial Excep~ion~ (Special Permit) (Other) [circle choice] That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: S.C. Tax Map No. 1000-45-1-1 & 2 Northwest side of Middle Road (C.R. 48), Greenport, NY 3. That the property which is the subject of such Petition is located in the following zdsaing district: M-1 General Multiple-Residence District ~' 4. That by such Petition, the undersigned will request the following~eiz~c: Special exception permission under Article V, Section 100-50, Subsection B (4) of the Code of the Town of Southold for the construction of 76 motel units. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article V Sect/on 100-50 B (4) [ ] Section 280-~A, New York Town Law for approval of access over right(s)-of-way. 6. That within five;'(days from, the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold T(~vn Clerk s Office at Main Road, Southold, New York and you may then and there examine the same during rep' ular office hours. (516) 765-1809. ' 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 25, 1986 Richard Pellicane Petitioner Owners ' Names: Cliffside Associates Post Office Address c/o Richard Pellicane 25 Bowden Square, Southampton, NY 11968 (Te]. (516) 283-7200 ) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 287 650 L RECEIPT FOR CERTIFIED L E. Banks & others 445 Green~ort, NY 11944 STATE OF NEW YORK ) COUNTY OF SUFFOLK) '~l SENDER: Complete items 1, 2, 3 and 4. Put your address in the "RETURN TO" space on the reverse side. Failure to do this will prevent this card from being returned to you. ,The return receipt fee will provide you the name of the person delivered to and the date of _delivery. For add;tionel fees the following services are available. Consult postmaster for fees and check box(es} for service(s) requ ~sted. 1. [] Show to whom. date and address of delivery. 2. [] Restricted Delivery, 3. Article Addressed to: E. Banks & others Box 445 Greenport, NY 11944 4. F~egistered [] Insured Type of Service: ArticLe Number Certified []COD IP 287 850 099 Express Mail J Always obtain signature of addressee or agent and DATE OELIVERED. 5. Signature - Addressee X E. Signature -- Agent X 7. Date of Delivery 8. Addressee's Address {O]V~, Y l. f r¢~e~ted o~ ,feg ~Jol/ Sherry Kiselyak . residing at (no ~) Captain's N~ck Tan~, Southampton. NY 119{8 , being duly sworn, deposes and says that on the _~ day of July , 19 86 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- · rice at Southaz~)ton~ ~ ; that said Notices were mailed to each of said persons by ~ie~ (registered) mail. Sworn to before me this 25th day of July_ , 19 86 Notary Public MARY L0U DREEB[N NOTARY PUBLIC, Stgld d~ N.,~ ~§rk . No. 4763129, Sull01k ~.a~}~ ~ Sherry Kiselyak,'~%' ~ (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .~ ~~,.-t~..~ .,.~ ;.. ~ .~..~.~ PLEASE TAKE NOTICE that your application dated .....~.4~.~..~. ......... ,19.~..~.. for permit to construct....~ e~.....~ ........................................ at County Tax Map No. 1000 Section ....~.~ .~". ..... Block .... .~..I ....... Lot ...~.~. ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~..-~...~4~-.*~.~~. ~ ..W0..--.f~O I~ ~.. ~.~..~ ~.~.:. ~.. ~. ~.~....~....~ ..q....%~ ,..~. Building Inspector RV 1/80 The N.Y.S,_.L'nvironmental Quality I{cv' Act requires sub- mission of t~ form, and an envtronmen~ reviuw will be ',~ made by this 15'oard before any action is ken. ,,: ..... (a) Tn order to answer the questions in thin short EAF is is aseu~ed that preFarer will use c~rrently available l~formaticn concernlng the proJec~ and c~Ae~ ~nve~ga~on~ w~l be ~dortakon, (b) If any aues~ion ha~ been answered Yes thn proJoc~ ~y be CC~p!et~d Envirc~ental Assessment Fo~ is necessary. (c) If all questions have been answered No it Is ltkolM thm~ this project ~d') ~viron~en~al Assessment ,~ . 1. W~I project reset in a large physical cbmnge to the project site or phTsically alter more . . ,. · - 2. Will there be a ~Jor change ~o any ~lque or - ,.., unusual land fo~ fo~d on the site? · , · · Yes X, No ' 3. W~l project alter or ~ve a large effec~ on an existing body of water? . . . , . . , · · Yes X No g. W~I proJcc~ h4vo a potentially large ~ on ~o,~cwater quality? · · · · . · · · · · · Yes X No p. W~i proJec= si~lficantly effect drayage ~ o~ adjace~ sites? ., . * · · · , . · · · YO~ X NO 6, Will project affect any t~eatened or endangered plan~ or an~.~l species? , , . · , · · · · Yes X No W~I project reset in a major adverse effect on 8. W~i project have a major effect on visuel c~ kno~ to be ~por~an~ ~o ~he core. unAry? · · · Yes X No 9. Will proJec~ adversely ~pac~ any siva or st~c~ ute of his~oric, pre-historic, or paleontological importance or any sl~e desl~a~ed as a critical :~'.~Y~.f~' enviro~en~l area by a local agency? · · · .. Yes X No 10. W~I proJec~ h~ve a major effec~ on exiat~g or .~ .,- 11. Will project result in ~Jor traffic problems or 12. Will project reg~arl7 cause objectionable noise, glare, vibration, or electrical dt=tur~ 13. Will project have any impact on public health or 12. Will project Affect the exl=ting co.unity bM directly causing a growth in permanent popt~a- period or have a mater nogatxve effect on the character of the community tr neighborhood?.. Yes X 15. lo there public con~m7 comcernxng thc project~ Yes X No ~r~ESENTI::C: ~liffside Associates DATE: July 21, ~986 '"" July 21, 1986 (Today's To: Re: $outho!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Tide Mark (Cliffside Assoc.) Middle Rd., Greenport, Town of Southold Dear Sirs: In reference to the New York State Tidal Wetlands Land-use Regulations, 6 NYCRR, Part 661, and Article 25 of the ~;e~ York State. Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] M,ly be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.· [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tiddi wetlands; and there is no bulkhead or concrete wall e:~is~ing 'on the premises. - [xx ] not appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* ['~]tarred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, cnard Pellicane NOTE: If proposed project falls witg~in D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be.scheduled for a public hearing. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 Stony Brook, N. Y. 11794 Dear St ~$ ~ A review has been made of your proposal to: , p,V p. New York State~epartment of Environmental Conservation has found the parcel ~'project to be: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length constructed prior to September 20, 1977. Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated). ~andward of topographical crest of bluff, cliff or dune in excess of --10' in ~levation above man sea level. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated). Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. Very truly yours,/ Alternate Regional Permit Administrator ~WNER TOWN OF SOUTHOLD PROPERTY RECORD CARD ~ORMER OWNE~ STREET SEAS. IMP. LAND VILLAGE AGE NE'~/ NOR/V~L FARM Acre Fillable [illable 2 Fillable 3 ~oodland ;wamp[and bushland ~ouse Plot 'oral v. TOTAL DIST. SUB. ACR. ' LOT FAR~A cOMM. CB, ~ISC. ~kt, ~olue BUILDING CONDITION BELOW ABOVE Value Value Per Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK · ~ F~$ELTE NO~ 752 / ! ./ ! \ t \ x, \ \ \ \ \ ,, \ ', I \ \ \ -I IJ~'ltaq