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HomeMy WebLinkAboutPB-10/01/2001 SPEC t I-P6� " t PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. ���0 CMG P.O. Box 1179 Chairman o y Town Hall, 53095 State Route 25 y Southold, New York 11971-6959 RICHARD CAGGIANO V, Telephone (631) 765-1938 WILLIAM J.CREMERSKENNETH L. O Fax (631) 765-3136 MARTIN H.SIDORDS ��0.( `t►aO� PLANNING BOARD OFFICE TOWN OF SOUTHOLD r MINUTES Special Meeting . October 1, 2001 4:30 p.m. Present were: Bennett Orlowski, Jr. Chairman Richard Caggiano William J. Cremers George Ritchie Latham, Jr. Valerie Scopaz, AICP, Town Planner Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Chairman Orlowski: Good evening. I would like to call this Special Meeting to order. The first order of business is a public hearing. PUBLIC HEARINGS: Subdivisions - Chairman Orlowski: 4:30 p.m. - Laurel Links, Ltd. - This proposed major subdivision is for 31 lots on a total of 222.85 acres: Lots #1-29 are clustered residential lots ranging in size from 28,325 square feet to 34,225 square feet; Lot#30 is 157.9 acres and is shown as a golf course; Lot#31 is 2.39 acres and is shown as a golf course maintenance area. The property is located in Mattituck. SCTM#1000-125-3-13, 15, 17; SCTM#1000-125-4- 21, 24.1 and SCTM#1000-126-7-1 I will ask if there are any comments on this proposed major subdivision? Charles Cuddy, Esq.: Mr. Chairman, Members of the Board: I am Charles Cuddy. I represent Laurel Links, Ltd. Today, the developers are here - Mr. Saland and Mr. Taft. Also, Mr. Young and Mr. Wolpert from Young and Young who are the design engineers connected with the project. This Board had a hearing in March of 2000, which was last year, and granted sketch plan approval and, also at that time, you granted to us a 06 Southold Town Planning Board Page Two October 1, 2001 determination of non-significance under the Environmental Quality Review Board. On June 12th of last year, to be exact, you also had a public hearing and, at that time, you granted preliminary approval for this matter. Prior to that time, in December of'98, the ' Zoning Board of Appeals also held a public hearing and they granted us the right to have a golf course with a Special Exception Permit. We are here tonight to ask for approval of the subdivision, not of the site plan. As you know, the site plan will be the subject of a further hearing which will be scheduled within the next two weeks. This is just the 29 lot subdivision and I will say to those who are not fully familiar with it, that the only access to the subdivision is from Route 25. There is no other access to the subdivision. There is no entrance off Peconic Bay Boulevard; there is no entrance off of any other road. We have Health Department approval. We have HOA approval - Home Owners Association approval - from the Attorney General. We are prepared to pay the fees in connection with the Park and Recreation obligation. We are prepared to put out our Letter of Credit in connection with the Performance Bond. We believe that we have satisfied the requirements for a subdivision and, therefore, we ask that we be given subdivision approval. Thank you. Chairman Orlowski: Any other comments? Herbert Parmenter: I live on 1700 Delmar Drive - on the golf course. He mentioned the Health Department. You people won't let me build a cesspool less than 100' from my well. Neither will the Suffolk County Health Department. I want to know how come they can put pesticides on a golf course 35 feet from my well and my neighbors who have little children. Who is going to monitor this? Where do I get the recourse? 35 feet, now - they are abutting on my well and my neighbors. They are putting insecticides on there. Who is going to monitor them and tell me that it is safe? This is a touchy situation. Chairman Orlowski: Well, there is a Turf Grass Management Program and a Groundwater Monitoring Agreement in place on this golf course. Mr. Parmenter: Who is they? Chairman Orlowski: Well, I assume that— I'm not sure. Can you answer that? Charles Cuddy, Esq.: We are obligated to have an agreement, which we have, called a Groundwater Monitoring Agreement. Mr. Parmenter: You don't have an agreement with me or my neighbors. Charles Cuddy, Esq.: Why don't you let me finish and then we will go back and forth. Mr. Parmenter: Go ahead. Mr. Cuddy: What we have is an agreement. The agreement is monitored by the Suffolk County Water Authority. The agreement is between the Town, the owner, and the County. We have to put in monitoring wells. We have to constantly monitor those wells, Southold Town Planninq Board Page Three October 1, 2001 to answer you question. The idea behind that is to prevent any problem that you anticipate and we have the County Health Department telling us that we can go ahead with this application. We have the County Water Authority- which absolutely has a concern just as you do - and they are going to monitor this and l hope that will answer your question. Mr. Parmenter: No, it doesn't. You have some holes in that theory. The Suffolk County Water Authority has nothing to do with me or you. That is an authority. They don't even answer to the Governor. They have nothing to do with me or you or this Planning Board, Chairman Orlowski: I don't want this —this is not going to be a debate. O.K.? Address this Board. Mr. Cuddy is answering the question for us. This is not a debate. There is a monitoring plan in place and they will have to stick to it. They will be monitored. Mr. Parmenter: Who do I go to see about the monitoring, if it is correct? I mean, nobody tells me who these people are. You just named some organization. You did not say where I go - to what office. I want a telephone number. Mr. Cuddy: I will be happy to give that to you. Chairman Orlowski: Valerie, do you want to answer that? Valerie Scopaz- Mr. Parmenter, I can try to answer some of your questions. When we did the environmental review for this proposal last year or the year before, one of the concerns was groundwater protection, protection from groundwater contamination. So, the property owners agreed that the design of the golf course would minimize the use of pesticides. We are not dealing with that right now but, on the preliminary site plan for the golf course, there are a lot of rough areas that are off limits to every kind of fertilizers or pesticides. They are only going to be applied to specified areas of the putting green and where they tee off. The Groundwater Monitoring Agreement that Mr. Cuddy has mentioned sets up a long-term in perpetuity monitoring agreement whereby the Water Authority is required to test the water at key sites throughout the golf course and make that information public on a quarterly basis. We are going to require that those reports be filed with the Town. They are not going to disappear. They are going to be on record here in the Planning Board Office as well as in the Town Clerk's Office for public record. We are probably going to automatically send a copy to the Health Department at the same time so that there are two checkpoints - the public and the Health Department - and if at any time during those monitoring reports, something shows up that is out of the ordinary, all the proper authorities will be on notice immediately. Mr. Parmenter: You explained that very nice to me but, since all this took place, there is a new County law now - somebody putting pesticides down has to notify me or my neighbors - if it is less than a hundred feet from you. This is a new ruling. Am I correct? Charles Cuddy, Esq.: That is correct. Ms. Scopaz: Yes. Southold Town Planninq Board Page Four October 1, 2001 Mr. Parmenter: Thank you very much. Ms. Scopaz: You're welcome. Chairman Orlowski: Any other comments? Unidentified Speaker: Will this gentleman be notified when the'pesticides will be put down, as he should be? Chairman Orlowski: That's the law. Unidentified Speaker: So, the golf course will notify him forty-eight hours prior to? Chairman Orlowski: You are going to have to stand up to the microphone and give us your name. Kathleen Knapp: My question is: Will he be notified forty-eight hours prior to the application of the pesticide? Chairman Orlowski: That is the law. Kathleen Knapp: That is the law. (Unidentified person in audience made a comment which was not audible.) Kathleen Knapp: Sir, will you answer that? Chairman Orlowski: Again — Ms. Knapp: Sorry. Could you ask him to answer? Chairman Orlowski: That is a DEC law. That is a law that they have to go by to apply pesticides. It is a very strict law and there are a lot of rules and regulations to that law and it is monitored by the DEC, not this Board. Anybody that applies pesticides, from a farmer to a golf course, has to go by that. Kathleen Knapp: And you have to receive forty-eight hour notice. Chairman Orlowski: Yes, whatever the law says. I am not going to sit here and - Kathleen Knapp: Who, on the Board, can direct us to the proper source so we can make sure? Chairman Orlowski: Call the DEC and ask them. I am sure they would love to come out Southold Town Planning Board Page Five October 1, 2001 Kathleen Knapp: So, you wash your hands of that because it is not your expertise. O.K. Thank you. Chairman Orlowski: It's just like if somebody else comes in to do a job for a neighbor, he has to go by the procedures. Valerie Scopaz: I want to clarify something. It is not a question of washing hands or something. The State DEC regulations are within the jurisdiction of the State. The Town has no authority when it's a State law but if there is a violation, like Mr. Orlowski said, ...(inaudible) If somebody violates that, we would call the DEC. They will prosecute separately. The Town has no right to ...(inaudible). If we were to get the complaint, we would automatically call the DEC because they are the only enforcing agency. Do you follow what I am saying? Kathleen Knapp: I do follow what you are saying but I am getting the impression from you that the Town is not watching over its people. You pass it off to somebody higher up which makes it more difficult for the individual home owners to make the specific, on time complaint. So, you have abandoned your public in this area. Chairman Orlowski: The public has not been abandoned. Believe me. Kathleen Knapp: Well. Chairman Orlowski: The DEC is totally in control of this part - not us. The Town has nothing to do with applying pesticides. Believe me. I am involved on a daily basis in doing this and they are very strict and they watch over very well and you can call them any time and I'm sure they would love to come out and check. It is an agency that is very serious about this type of action that goes on. Very Serious. Mike Fruen(sp.?): My name is Mike Fruen. I live on Delmar Drive. I am butted up to the golf course as well. I am a little concerned with the well water myself. I have two kids. I am wondering why people haven't come by and tested the wells already before this started and then you can test it after so we can see if these levels have changed. I use my water for everything in my house. No one has come by and tested my water now to compare it to a later result and, on top of that, I haven't received any information from Mr. Cuddy. I was made aware today that I was supposed to receive documents on what's going on with this course and documents pertaining to the pesticide and that matter. I am butted up to the course, once again, and I haven't received any information. They are planting grass and they are planting sod at this time and I am sure there are going to be chemicals following that. This is happening as we are speaking now. Once again, I am very concerned about that and I want to know- Chairman Orlowski: You were not notified about this hearing? Mike Fruen: I wasn't notified about nothing — Chairman Orlowski: Nothing? " a�9 Southold Town Planning Board Page Six October 1, 2001 Mike Fruen: - other than the small street signs that are attached to the telephone polls and they are very small and I had to walk up and down the street to take a look at them. If I was walking up and down the street, I might have saw them. Is there somebody that we can contact to test these wells now, before we start spraying stuff down and putting things down? We have nothing to compare the levels at this point. There are no test wells so we are going to have to test each well on that road to be safe. I want to be safe. I don't want to be sorry. I don't want to take that risk. Chairman Orlowski: Right now, I can't answer that. It is not - if this was a subdivision and houses were going in next to you, and there were another hundred houses, there would be no monitoring. There would be none of this. Mike Fruen: I understand that. Chairman Orlowski: In some cases, they probably put on things that are much, much worse than they use on the golf course. And, in some cases, the neighbors are more dangerous than what they have to go through and they are not controlled and these guys are going to be controlled. As far as -there is nothing, to my knowledge, that says that all these wells have to be tested first. Mike Fruen: No, I am just making a wise suggestion. That's common sense to me. I would test these wells and make sure the levels of pesticides or poison - whatever they are putting down on this course to get this grass greener and healthier- isn't affecting our wells. To me that makes sense. It is a common sense situation. Chairman Orlowski: Right now, I cannot answer that question because we don't test the houses next to a subdivision, their water, before things get started. Valerie Scopaz: I just wanted to add one thing. This is a draft of the Groundwater Monitoring Agreement which, I believe, is at the Water Authority right now. I am just going to quickly go through what the terms of the agreement are: One is that the monitoring will take place - the testing will take place - on a quarterly basis and that, if at any point in time, there is a - if any well shows any contamination due to the use of chemicals at the golf course, more frequent monitoring may be required as determined by the Water Authority. If any well shows evidence of contamination, repeat samples will be taken to verify the existence. Then it goes on to say that they are going to be testing for a number of things, including one of the things that we hear about - metabolites or ...(inaudible), derivative by-products of anything that is used on the golf course, as opposed to just various things that they test for like nitrates or organic phosphates. Mike Freun: O.K. Once again, when is this going to start because, like I said, they are starting to green this course already and I am sure they are going to start using things to keep this course green. When are these wells going to be installed? What wells are going to be tested? Are they testing each individual well? Or are they only testing these test wells? And when is this going to start? This should have been something - one of the first priorities. Health is a priority. I mean, they are already starting to green this . ago Southold Town Planning Board Page Seven October 1, 2001 course. When is this going to happen? Am I going to find out next year that something happened to my kids because the water is contaminated? When is this going to start? Valerie Scopaz: Well, the Board has not made a decision yet but one of the things that they are discussing is if they approve this subdivision, that this will one of the conditions - that this agreement would have to be filed in advance of their approval. It doesn't specifically say when it is going to start but it could say immediately. In other words, ...(inaudible) from a certain date forward ...(inaudible). Mike Fruen: Well, I am just very concerned. Like I said, it's started greening already and nobody has taken any movement at all to move forward on the health issue of this course. Everyone is quick to green it, quick to do other things, but no one is quick to make sure everything is going to be healthy for us. We will leave it at that but I would like to know a number or somebody I can contact to follow up on this because it is a major concern. Chairman Orlowski: What is your name again? Mike Freun: Michael Fruen. Chairman Orlowski: O.K. Any other comments? Mike Fruen: I did not get a name or number. Can I get that please? Chairman Orlowski: I don't have it for you right now. When we do this, we will have a number that you can call to get this information. Mike Fruen: Today? Chairman Orlowski: We won't have it today. The agreement - do you want a copy of the agreement? Mike Fruen: No, I want somebody to speak to, to find out when this is going to start. They are already starting to green the course as we speak. Now, who can I speak to, to find out who is in charge of testing these wells and when this is going to take place? I have two kids at my house; I have a wife. Chairman Orlowski: These agreements won't go into place until we take an action. O.K.? Mike Fruen: No, it is already happening as we speak. They are already greening the course as we speak. Chairman Orlowski: Right, but those agreements won't be in place until we take an action and approve of this. They are working on that course and, if you plant grass in your yard, we can't do anything about it either. Southold Town Planning Board Page Eight October 1, 2001 Mike Fruen: If your kids were living butted up against the course, would that be acceptable of an answer to you - when agreements take place? Chairman Orlowski: To me? Yes - Mr. Fruen: I'm sorry to hear that. Chairman Orlowski: - but you will see an agreement when we take an action. Mike Fruen: That's not acceptable. I am sorry. Herbert Parmenter: A point of order, Mr. Chairman. This man just said what I said before. Everybody keeps throwing this word around. Suffolk County Water Authority - it is a separate entity. It has nothing to do with the Suffolk County Health Department and my water and his water and my neighbor's next door. Suffolk County Water Authority has nothing to do with my well. It is the Suffolk County Health Department. And Suffolk County Health Department will only test your well once every two years. Valerie Scopaz: That's correct but this agreement is with Suffolk County Water Authority. Herbert Parmenter: No, he didn't get an answer and I guess I won't get one either. Valerie Scopaz: They will do the testing more frequently than the Health Department does. That's what this agreement is. The owner has agreed that the testing will take place every six months on a semi-annual basis. Someone will come and test the well. Herbert Parmenter: It should be the Suffolk County Health Department, not the Suffolk County Water Authority. Valerie Scopaz: But a copy of the report will be given to the Health Department so there is an ongoing monitoring. That's what I am saying. Herbert Parmenter: They are not the Health Department. Suffolk County Water Authority is a political organization. Chairman Orlowski: Any other comments? John McAvoy (sp.?): My name is John McAvoy, seasonal occupant of 255 Fourth Street, which is right off of the fifteenth tee. It was not my intention to say anything here but I am a little bit disturbed at the discussion that has been going on. I asked two questions last year about the quality of the ground water and I understand that people are concerned. My greater concern is, and what I think I heard the young lady state, that if in the examination of the well water they find a contamination has occurred without having the base line, is a meaningless statement. You cannot define that something has changed if you don't know what the original condition is. Therefore, if something has changed with a future test, that's a totally meaningless situation. I speak now as a as Southold Town Planning Board Page Nine October 1, 2001 former Chief of Engineering for one of the major branches of the Federal Government. If you are going to have that kind of a regulation, you have to live with it. Valerie Scopaz: I believe that during the environmental review that there was some base line established. Mr. Cuddy, when we did the environmental review, there had to be a base line established at that point in time. Do you want to address that? Charles Cuddy, Esg.: So, you understand, when you talk about the base line, what we have to do is not make your water nonpotable -that is what your concern is. There is a standard - there is a New York State standard, as you know, and there is a Suffolk County standard which are both the same and, effectively, we can't contaminate water. That's what the gentleman is concerned about. We can't take water that is not contaminated now and contaminate it. And, if that is what your concern is, we are not able to do that and, if we do it, we are going to have a problem with the golf course. It is our concern -this is a big enterprise - that we don't have that ever happen and that is why we agreed to the Ground Water Monitoring Program. This golf course, unlike many golf courses, has both a Turf Management Program and a Ground Water Monitoring Agreement. It is something that is virtually unique. It is a combination so that we don't put heavy pesticides in so that we don't put heavy fertilizers in and we are trying to avoid the problem. It is to our benefit as well as yours to avoid the problem. The standard that you are concerned about is potable water. We can't make your water non- potable. That's the problem that we have. If we do something like that, they are going to stop us and we don't want it to happen and you don't want it to happen. I think we have the same concern. There is no question about it. Unidentified Speaker: If I may address the Board again - if I understand what the gentleman has been stating is tests have been made. There is a baseline. The results of that base line are somewhere on file that can examined by the general public to determine that a change has occurred. Unidentified Speaker: No, there isn't. Not on our street. They didn't have a base line test ...(inaudible). Valerie Scopaz: The testing results are in the Environmental Impact Statement. Unidentified Speaker: That is correct. Chairman Orlowski: Any other comments? Ralph Bartolacci: My name is Ralph Bartolacci. My wife and I live at 4706 Peconic Bay Boulevard. I have several comments and questions. Just following up on the ground water question, my concern is that we have potable water. I don't want to see the quality of the water deteriorate. The difference between potable water and what you may have can be dramatically different in terms of it content. You can build up all kinds of sediments and other levels in there but what we are concerned about is changing that water supply from where it is now and I think having a base line is absolutely essential. I would highly urge any one that lives near this to be sure you have a base line. I know I t � l Southold Town Planning Board Page Ten October 1, 2001 will have a base line for my property. Now, three other points: One is, when I saw the original agreement by the Zoning Board of Appeals, or the Appeals Board, granting permission to do this project, there was wording in there regarding the emergency exit. The emergency exit was for emergencies only- no private, no general use. Subsequent wording, I see in the documentation, says the Superintendents will use it. This is a gated - supposed to be a gated - entrance one hundred feet back from the street on Peconic Bay Boulevard. I have to preface that Peconic Bay Boulevard now is a disaster ready to happen in terms of speeders and parking so the volume of traffic is tremendous. All the people are concerned about is people from these twenty-nine homes, plus the three hundred memberships, going to the beach, coming down through this "emergency exit", either parking on their side or on Peconic Bay Boulevard, and coming down and using the beach or whatever it is -whether it's their beach or a friend's beach or whatever it is. These homes are probably a quarter- at least a half- a mile away from Peconic Bay Boulevard. They are going to have to drive to get there. What are they going to do with their cars? Now, that emergency entrance, based on the Zoning Board, was that it was only for emergency use and I have seen many industrial - this is a commercial operation. Commercial operation with emergency exit - it is not used for anything else. Not even "the Superintendent". That Superintendent's lot has a footprint that's really another building lot. Now, I really think that there is a real question in terms of what that emergency exit is. The wording has to be changed. Secondly, when I saw the original plans, there was no entrance to Birch Drive from this site. Now, there is a driveway there going into Birch Drive and it goes right past the Superintendent's lot plan and down the Peconic Bay Boulevard, going through the emergency exit. Now, if you need an emergency exit, that straight run from Birch would probably be a lot better but it is already on the map as an emergency exit to Peconic so there should be no entrance to Birch Street. That was the original position that I saw way back when. Now, they have an entrance to Birch Street. People are going to park there. The original agreement I read in here, that you had with the developers, was that the Delmar rights to the beach were to be conveyed back to the Delmar Civic Association. I just saw a document, generated by the attorney for the developers, which is an insult. You know, I sit on a Board much as you do for twenty-five years and when an attorney gives me something that says we've complied with what you have asked us to do, I believe them. Now, this says it is in accordance with the Planning Board resolution. I read this document and it says it conveys those rights to twenty-nine homes that are going to be built. Now, when the people who live on Delmar-these twenty-nine people have to drive someplace because they are not going to walk to this beach area - Chairman Orlowski: I believe that says it conveys the other half of the right-of-way which is already owned by the Delmar Association. Ralph Bartolacci: Yes, they are suppose to give - (Simultaneous discussion.) Chairman Orlowski: It's strictly- that's right and it is strictly— Southold Town Planning Board Page Eleven October 1, 2001 (Simultaneous discussion.) Ralph Bartolacci: O.K. If you read what that - maybe it is a,misprint, I don't know, but the way this is written here, he says he agreed - he has complied -with your requirements and then he goes on to attach the conveyance of these rights to the whatever the homeowners association is - not Delmar- but to the Laurel Links Homeowners Association. Charles Cuddy, Esq.: Maybe I should answer that. You have a lot of questions and I can answer them but I will answer that one ...(inaudible). Mr. Bartolacci: O.K. Charles Cuddy, Esq.: What you are looking at is a deed, I presume — Mr. Bartolacci: Right. Mr. Cuddy: - and, on that deed, there is a grantor which is Laurel Links and there is a grantee which is another entity. That is the entity, for your information, that is on record in the County Center. You may have the Delmar Civic Association. You may have something like that but the title for that land is not in Delmar, it is that entity - the entity that we are conveying to. That is what we agreed to do and that is what we are doing. We're not going to have any problem — Mr. Bartolacci: ...(inaudible). Mr. Cuddy: Excuse me. Let me finish. We're not going to have a problem conveying to any organization. We said to the Town we would do that. I searched the records and, when I searched the records, that's the name that the other half is held in. Now, if that is incorrect, we will give it to the correct name but then you have got to tell us what that is because it is not on record. The intention of that deed is to convey all of the rights - all of rights - that Laurel Links Country Club would have to that parcel to whatever association owns the remaining part. That is what we were asked to do - Ralph Bartolacci: Will the records show that? In other words, there will be no beach rights - because there's thirty square feet of parcel - Chairman Orlowski: Let me just say that the Board has gone over with the applicant on this a couple of times. They are conveying what they have as right or access to the beach. The homeowners association in the subdivision will not have access to the beach. They will not use that road. That gate is there strictly - you have to remember that is one - that whole golf course is one lot with one house on it and it is a Superintendent's house. He will have access out onto Peconic Lane by a gate. Ralph Bartolacci: He wasn't suppose to based on the original - Southold Town Planning Board Page Twelve October 1, 2001 Chairman Orlowski: But he will have access. That will be gated. That will not be used by anybody. Those twenty-nine lots will not use that right-of-way - not at all. Mr. Bartolacci: I've been there before — Chairman Orlowski: Well, I am telling you. That is the way the resolution is going to read and, if it isn't that way, you can come back to this Board and let us know and we will take care of it from there. But, right now, we are very adamant about that and there is no need by giving away the access to the beach to have access to Peconic Bay Boulevard because the subdivision is more toward the front and they have a road going out that they will be using. This is just, basically, an emergency access if they can't get in which will probably never, ever be used. Ralph Bartolacci: Will the daily in and out of the guy's wife, his kids that are living there - will they go in and out through Peconic Bay Boulevard? Chairman Orlowski: They could. That's one - Ralph Bartolacci: Then, if you do that, the footprint of this home - at least what I saw - is fairly large. Now, what's to stop all of these three hundred members - or whatever- with their golf carts to park there and just come down through that way? That's the way it is ordinary done. Chairman Orlowski: There is no parking down there. Ralph Bartolacci: He's got a big lot. Chairman Orlowski: It's not going to happen and, when that happens, come see us. Ralph Bartolacci: Yeah, but see - Chairman Orlowski: It's not going to happen. Ralph Bartolacci: I would love to have your assurance, however, it only works if it is documented and states just the way we have put it. In other words, this is a Superintendent's property. He drives up that Superintendent's road - Chairman Orlowski: It is gated and also Birch Lane will not have any access whatsoever onto - Ralph Bartolacci: Well, right now, there is - Chairman Orlowski: Well, it is not going to be on there and we are going to note it in any resolution that it will not in any way, shape, or form have access onto Birch Lane. Ralph Bartolacci: You can be absolutely sure of that? kC Southold Town Planning Board Page Thirteen October 1, 2001 Chairman Orlowski: Yes. Ralph Bartolacci: O.K. My apologies but I want the record to show that Laurel Country Estates is, in fact, the people that live on Delmar and not - Chairman Orlowski: Then, I think it seems to be - Charles Cuddy, Esq.: Whatever has to be done to correct it. If you have an association, maybe you want to check the records, too, because what we are doing is conveying to what you think your association is and we have no problem doing that and I am stating it - let me finish on the record - I am stating on the record to you what you just asked. You said what are we doing with the land and I am saying we are giving it - conveying it over -to the association. Now, if you think that association has a different name,-then you've got to come and tell us what it is because that is the one that shows on the record. Mr. Bartolacci: What I would like to be sure of is that, in your documentation, that this name - Laurel Country Estates Property Owners Association - is not in any way connected with the Laurel Links Homeowners Association. Charles Cuddy, Esq.: Absolutely not. That's right. Exactly. Mr. Bartolacci: That's got to be in there because I really think that this could be extremely confusing. Mr. Cuddy: Well, it is unfortunate that the name is that name but that's the.name that is on record. That's all I can tell you. Mr. Bartolacci: Then, my apologies but, I would like to see the record state that. Mr. Cuddy: O.K. Well, I think it does. Mr. Bartolacci: Thank you. Chairman Orlowski: O.K. Any other comments? Ernest Fox: My name is Ernest Fox. I reside at 340 Birch Drive. Currently, there is a road that cuts across Birch Drive into the golf course. O.K.? It is dirt but it is there. If you want pictures, I will be happy to supply it. O.K.? There is also traffic coming down my road now, too, that we were not accustomed to. We are very dissatisfied with that. Chairman Orlowski: That will be blocked off. We have noticed on the map that it did not show a gate but there will be something put there. Birch Lane will not be used. Ernest Fox: Birch Drive. Chairman Orlowski: Birch Drive. O.K. Southold Town Planning Board Page Fourteen October 1, 2001 Mr. Connellv: My name is Connelly. I live at 4950 Peconic Bay Boulevard. You are Mr. Orlowski? Chairman Orlowski: Yes. Mr. Connellv: You wrote a letter to Mr. Cuddy on September 19, 2000, and it deals with, among other things, the access to this so-called emergency entrance. And if I look at Points Two and Three - I am just going to quote Two and then Three: The steel gate shall be located across the proposed emergency access. It doesn't say exit; it says emergency access and shall not extend 100' past the proposed Superintendent's driveway area. That's Point Two of your letter to that gentleman. Point Three: No construction or work vehicles shall use the proposed emergency assess and the emergency assess shall only be used for fire and other emergency purposes (not for general public or private use). So what's the Superintendent's issue? Chairman Orlowski: They've asked that the Superintendent have access back there instead of driving through the whole golf course to go around. Mr. Connellv: Well, we who live adjacent to this, would like to propose that your original letter hold, as we have believed all along it was holding. Chairman Orlowski: Well, when we asked the Chairman of the ZBA, who granted the use for a golf course, he said that his answer to that question was yes, that the gates should be between the house and Peconic Bay Boulevard and locked at all times with extra gate keys for the use by the Superintendent's family, emergency and fire divisions. So that is the way it is. Mr. Connellv: Yes, but this is your ruling directly to their Board. Chairman Orlowski: That was a comment. I don't believe that was a ruling back then, but - Mr. Connell v: You know, there also is a comment that talks about that a gate has to be put up before they get a building permit and, etc. Well, how do we appeal that this original comment of yours be, in fact, what happens when the project gets underway - that it is not used for anything except - and I emphasis the word access - so the fire trucks can get in, so the police can get in. That's what it shows as I recall the plan - access not exit - access. Which, to me, means access to the property as opposed to egress from the property. Chairman Orlowski: From my understanding, you don't want to have any access on to Peconic Bay Boulevard by any house? Mr. Connellv: That's correct - from that property. We don't want any exiting on to Peconic Bay Boulevard or access to it other than the emergency vehicles. Southold Town Planning Board Page Fifteen October 1, 2001 Chairman Orlowski: But, if you owned a piece of property and you had access to Peconic Bay Boulevard and you had a house, wouldn't you want to access Peconic Bay Boulevard? All I am trying to say is you have two hundred and twenty acres that has access to Peconic Bay Boulevard. Could be many more lots than one - many more - but it's one and it's one Superintendent using his driveway, basically, with gating so nobody else can use that driveway except the Superintendent and fire and rescue. Mr. Connelly: But, the excepted Superintendent is in addition to what has always been discussed from the beginning at the original - I mean, I was at the original meeting in December or January of 2000, and I wrote a letter at that time -we have no - I have no objection to the project. I think it is fine but you give them an inch and they are going to take a mile. Chairman Orlowski: But, we are giving them use of their property or access with one house. Mr. Connelly: Well, let me tell you another issue. Who is going to enforce that everybody else who would rather not have to - I mean, if I spent the kind of money that these people are going to spend, do I really want to make a left turn to go westbound on Route 25 when I could go out to Peconic Bay Boulevard? I don't think so. Chairman Orlowski: But, you have to understand - nobody else is going out. They have no key to the gate to get out, Number One. There is nobody else. There are twenty-nine lots that have no access to this at all - at all. Lot 30 is gated, it is keyed, and there is a house so that the Superintendent can get out so he does not have to go all the way up to the Main Road, maybe make this a more traveled road so more cars can travel on it. This is just an emergency access and it is one lot which is a hundred and fifty seven acres - one house. Mr. Connelly: Who is going to enforce this gate? Chairman Orlowski: If you see a problem there, you call this Board immediately and we will enforce it. Mr. Connelly: I tell you, I did see a problem and I did call the Board and I got the run around. When they started doing the earth removal, there was a huge cloud of dust. It was as if we had a ...(inaudible) thing. I called you. I got oh, we don't know anything. I called the Building Department. I said who's -1 finally called the EPA and you know what I got? We are all out at meetings. We can't come and do anything about it. I mean, a construction project - they were moving -the earth was being moved and it was completely dry and all they did was move earth and it was a cloud of dust. I don't blame them for wanting to get going on the project but who is going to — so, you couldn't - I mean, we got no response on that issue so we call the police? The police are going to come down and say we find the gate open? I think it is unrealistic. Charles Cuddy, Esq.: Could I, maybe, address his questions, so if you can understand my position? This is for fire and it's for the Superintendent. The reason the Southold Town Planning Board Page Sixteen October 1, 2001 Superintendent is there is do exactly what you are asking. He is there, essentially, as a guard - as a protector- so that other people don't come in. We don't want other people to come in. With all respect to you and your neighbors, we don't want you to come in and we don't expect people to come down and I'll tell you why we don't expect that. To get out of the subdivision - the subdivision map is up on the wall - you would have to cross a good part of the golf course. The golf course is going to be green. This is a hard pack that we put underneath a certain area. It is going to be green. It is not going to be black and macadam, if that is what you are thinking. There is going to be no road that goes down from the subdivision per se, back all the way to Peconic Bay Boulevard. It is just not going to be there. This is done - you see McDonalds in Mattituck. In the back of McDonalds, there is a fire exit. It is grass. It is hard-packed and, on top of it, they planted grass. That is what we are doing. We can hope, by having the Superintendent at that sight, that we can stop exactly what you were saying. So, we are not adverse to what you are saying. We did not really care initially. The Zoning Board said to us put in a fire exit in the back because it could be an emergency problem - either a fire or maybe need an ambulance and we said fine and they said that you could have a- Superintendent's house here on the basis that it would protect the entire area, not just you but also us. That is why it is here. Mr. Connellv: O.K. I am supposed to address you, as opposed to the gentleman? Chairman Orlowski: Yes. Mr. Connelly: His example of the McDonald's is probably the worst example he could use. Chairman Orlowski: You are absolutely right. If you look at that emergency exit, the tire marks from people going across it - especially with their SUVs - because who the hell wants to go out onto Peconic Bay Boulevard when you can go onto the old Main Road - ...(inaudible)where it belongs. Chairman Orlowski: You're absolutely right . Mr. Connelly: So, I would like to say that I, as an adjacent property owner- someone who lives on Peconic Bay Boulevard, object to any additional potential use. Obviously, one person using it is not a problem but the potential to have a nice way to get out of your property over this— obviously, there has to be road over to the other side of the golf course - some kind of a road. The Superintendent is not going to walk over to see what is going on and, if the emergency vehicles - if I recall, there is a letter from one of the Town Officials talking about this access road has to be up-graded to sustain the weight of the fire engines and other things that are going to have to get in via this -there is going to be a road there. There is going to be a road that will carry fire equipment and emergency equipment to the subdivision so, that argument that there is no road, doesn't fly either. Sao Southold Town Planning Board Page Seventeen October 1, 2001 Valerie Scopaz: The performance bond estimate does lay out some specifications as to what has to be put there so that%in the event that it was raining like now, you wouldn't have equipment sinking. Mr. Connelly: Exactly. I read that. Ms. Scopaz: So, that's what the specs. are. It is 15' wide. It is not a spec. that ...(inaudible). Mr. Connelly: I understand. Valerie Scopaz: I think the main thing - the main point that needs to be brought out is that McDonald's ...(inaudible). Here they are required by the Zoning Board ...(inaudible) decision that says it has to be gated and locked at all times with keys being given to the emergency, fire department and ...(inaudible). How do you enforce that? Well, obviously, if somebody is violating it, you call the Code Enforcement Officer, you call your Town Board Members and you say look, there is a piece of paper here that is being violated and you pursue it as any other violations ...(inaudible). Mr. Connelly: O.K. So, there is no calling the police. The police are going to call police and say this gate is open and they are going to say we don't care. So, we have to get the Zoning Board, who is out to another meeting, or we have to get - I am not trying to be funny. I was trying to get some action when this dirt was in the air and it was like who shot John. It is a done deal is what you are saying. Chairman Orlowski: You are right. McDonald's is a poor example and it should be a locked gate there. But there is going to be a locked gate here so, maybe we learn by our mistakes. There is a locked gate. That gate will be locked and maybe the Superintendent is going to access through there to the golf course to go to the Main Road. I don't know. He is one of three people who will have a key to that gate. If that gate is left open, then we have a problem. Mr. Connelly: The Superintendent is responsible if the gate is left open, is that correct? Chairman Orlowski: Yes, he is the guard. Mr. Connelly: O.K. Now, how do I get a copy of the minutes of this meeting? At the appropriate time? Chairman Orlowski: At the appropriate time, just come in. Mr. Connelly: I just come in and get a copy and pay twenty-five cents a sheet or whatever it is? O.K. See you then. Chairman Orlowski: Any other comments? Southold Town Planning Board Page Eighteen October 1, 2001 Maria Chakaris (sp.?): My name is Maria Chakaris. I own one of the houses that the road is coming past through. We have wooded area right now and fifty percent of my property now is going to be exposed to this new emergency road. My question to you is what kind of a road is it? Is it going to be a dirt road? Is it going to be - how are they going to fix the road? Is it going to be in dust every time the Superintendent passes by there? That's my first question. My second question is are they-where they are cutting the road, are they going to put up a fence so - I mean, like I said - my property is now exposed to the road. How do I protect my property? I don't know how to explain it any better but I am sure you know what I am talking about. What is the plan? Chairman Orlowski: This is a right-of-way and it is a driveway. The road will be fixed - I think the specs. are written on the plan to accommodate vehicles and emergency vehicles. Maria Chakaris: Meaning it's going to be what? Chairman Orlowski: I am not exactly sure. Maria Chakaris: It is not a dirt road, is it? Chairman Orlowski: It's not dirt, no, it is some type of binding material. Maria Chakaris: O.K. Do they have any plans as far as putting anything up on the side of the road where my property is and the property next to us -we are the only two properties affected immediately by this road. Chairman Orlowski: So, you are on Peconic Bay Boulevard and this road? Maria Chakaris: I am 4795. 1 am right between - my house is one house affected; the other one is next to us. The road is going to be right in between our two houses. Do you have any plans of putting bushes and stuff from the road? I mean, are we going to have like wire things going all over the place? Chairman Orlowski: I don't believe they are going to want to do that. It's a driveway and it's an access. It's a right-of-way. It is going to be gated up further so, I don't—you know, there's going to be a gate or something across so they can't go on Birch Drive. Maria Chakaris: I know exactly how that gentleman felt before about having cars passing by there all the time. I am affected immediately and I do have concerns about private cars passing through there. Chairman Orlowski: If the Superintendent uses it, it would be his car. There would be another house back there but that's all. Maria Chakaris: And his name will eventually be known to us? �d1Q�1 Southold Town Planning Board Page Nineteen October 1, 2001 Chairman Orlowski: I am sure he will meet you and be willing to talk to you but that's all that is going to be there. Ralph Bartolacci: I would like to go back to the point made by the attorney that this was given the right to have the Superintendent use that was given by the Zoning Board. I got a document- at least I think it's their Findings, Deliberations and Determinations of December 10, 1998 which set up -this is a commercial operation that needed zoning change so, to do this, you've got to give a given date and, as I understand it, the third point was no construction or work vehicles shall use the proposed emergency exit and the emergency exit shall only be used for fire and other emergency purposes, not for general or private use. Now, that's the instructions of the Zoning Board - at least I know it as the Zoning Board of Appeals - I think you call it the Town Appeals Board. Where does the authority come from to do what everyone here says they have a right to do? 'Cause the only people who give that authority, I think, who can change this - is the Zoning Board. Did someone go back to the Zoning Board to change this? They did? Is there a document to that effect? No document? Charles Cuddy, Egg.: Can I answer your question? We went to the Zoning Board - and there is no further document, to answer your question. We said to them that we wanted to put there a house to stop people from coming in and that was acceptable to the Zoning Board. You asked a question and that was what we did and that is the answer. Ralph Bartolacci: My understanding is that that house was there before this even took place - that there was going to be "a caretakers cottage" there. That is what the original agreement and that's what - Charles Cuddy, Esq.: Let me explain something to you so that you can get off the idea that this is our idea. The Zoning Board, as you just indicated, said to us we plan to do nothing with Peconic Bay Boulevard. We plan not to have a road there and we plan not to have a drive and we don't really care that there is one but it was absolutely important and that is why it is in their decision that they have that and so that was imposed on us and on you. Ralph Bartolacci: Now, is that in the document - that they impose on you to have - Charles Cuddy, Esq,: Well, you just read it. I mean, they said to us that they wanted an emergency exit. Ralph Bartolacci: There is no reference in here to groundskeeper. Mr. Cuddy: No, I am not talking about a groundskeeper. I am simply saying to you we did not plan on using it that way. We did use it that way when they said to us you have to have an emergency exit and we asked to put the house there. That is how that happened - so that we would not have people coming in there because we are concerned about that too - maybe more than you are - and that's what happened. They told us to have an emergency exit where we did not plan on having it. We said that we Southold Town Planning Board Page Twenty October 1, 2001 would put it there but we would need somebody to stop people from coming in. That's our concern so, that's what we did. Mr. Bartolacci: I really think you have to go back to the Zoning Board again - Chairman Orlowski: I did. I sent the letter to the Zoning Board of Appeals. The question I asked — does the decision permit the use of emergency access road by the Superintendent and his or her family in order to gain entry to Peconic Bay Boulevard? That was the Planning Board's question to the Zoning Board. The Zoning Board replied on the question yes, the gates should be between the house and Peconic Bay Boulevard and locked at all times with extra gate keys for use by the Superintendent's family, emergency, and fire squad provisions. Mr. Bartolacci: Is that in the file —that letter? Chairman Orlowski: This here? Yes, this will be in the file. We just got this today. That just came in. We asked that question already. Mr. Bartolacci: That is because I raised the question this afternoon. Chairman Orlowski: We have already thought of it—who is going to use it. So, he does have that use. Ralph Bartolacci: Can they do that ...(inaudible) formal meeting ...(inaudible) resolution at a public hearing? I think you need to have a formal public hearing where the public has a chance to express their concerns. Chairman Orlowski: Well, that's his answer to — Mr. Bartolacci: ...(inaudible)Article 76. Chairman Orlowski: 78. Jack Peters: I live on Peconic Bay Boulevard also. There are two roads there currently. Are we talking about two gates? One is coming off Birch Drive and one is coming off Peconic Bay Boulevard. Chairman Orlowski: Birch Drive will be permanently gated. They will not use Birch Drive for anything - not any access at all. Ernest Fox: How can we be assured that construction vehicles are not going to come up and down our roads during the construction? Chairman Orlowski: Because our approval and our resolution will state that. Anything that differs from that resolution, anybody has the right to come in and complain and tell us and they have to stick to it. Southold Town Planning Board Page Twenty-One October 1, 2001 Eileen Peters: My name is Eileen Peters. I live at 4985 Peconic Bay Boulevard. Now, this road for the gatekeeper- groundskeeper- what kind of cars or vehicles will he be able to have? Will there be trucks that take care of the ground? Will those kinds of things be going in and out? Chairman Orlowski: This is just an access to the property that is gated. The Superintendent happens to live on the other side of the gate. His house is there. Eileen Peters: Yeah, but I mean he is the Superintendent but he has what kind of- it may be easier for them to get big equipment in there. Chairman Orlowski: Not on a fifteen foot right-of-way that is between this lady's house and the other house. It is a very narrow spot that we are talking about. It is not a large super highway and it is also gated. Eileen Peters: I know but once it is done, it is done and it is very hard to live with it. Chairman Orlowski: Well, the way the resolution is going to be worded, it will be very easy to live with. Just what I am saying is what will happen. Eileen Peters: There was a sentence put in for the groundskeeper also. Chairman Orlowski: He is the guard that is going to have the key to the gate who is also going to watch out for other people trying to get into the property. You're not going to get out and you are not going to get in. He will have the key and he can do that if he wants. Eileen Peters: The gate is not on Peconic Bay Boulevard - it is one hundred feet in? Chairman Orlowski: Yes. Unidentified Speaker: Anyone driving in there, how would they know the gate is in there? They have nowhere to turn around. I am sorry I am not standing up. But that's the way it is. People are going to drive down that road and they are going to hit a dead- end gate and there is nowhere to turn around and it's a hundred feet in. Chairman Orlowski: It's a hundred feet in and it's gated and you can't go in it. Just like any other dead-end, you can't go through there and you don't want to go through there. I don't know if you want to put an ugly looking gate on Peconic Bay Boulevard, you know- Unidentified Speaker: Absolutely. Ms. Peters: Make it look more ...(inaudible). Chairman Orlowski: Any other comments? Mr. Fruen, I have a return receipt that you received Certified Mail. Southold Town Planning Board Page Twenty-Two October 1, 2001 Mr. Fruen: Not from me. Chairman Orlowski: Michael and Susan Fruen. Mr. Fruen: That's my wife, not me. I never received any. Chairman Orlowski: She signed for you. Mr. Fruen: I can tell you something right now, I never received nothing unless there was a babysitter or someone in my house, I did not receive nothing. This is the only excuse ...(inaudible). Chairman Orlowski: This is what we have to go by and when they are signed for, they are signed for. Any other comments? Mr. Bartolacci: In terms of an Article 78, do you do this or do we have to do this? Chairman Orlowski: That is up to you and it is based - Mr. Bartolacci: You're changing the Zoning Board decision now after the fact. In other words, after a public hearing. After the public hearing, the Zoning Board made a decision which was published. This is public knowledge and you changed that. Chairman Orlowski: That is something you will have to investigate. An Article 78 has to be filed after a decision is made. There is no decision made by this Board so, you would not file it. Mr. Bartolacci: Yeah, but it is your interpretation the decision. Chairman Orlowski: It's a Chairman's interpretation of his decision. Bartolacci: And that document then is not public record to date before this public hearing, therefore, you are not going to close this section of the hearing, I assume. So, this hearing is going to go on. Chairman Orlowski: This hearing will go on and - Chairman Orlowski: In other words, we can't get closure on these subjects here tonight? There is no closure tonight? Charles Cuddy, Esq.: Mr. Chairman, if I may, all of the issues that are being addressed today are essentially site plans issues, not subdivision issues. The site plan is going to be the subject of another hearing, as I started to say in the beginning,just in two weeks. These matters are a concern for the people here. Then, they can appear. That has to do with the site plan; this does not have to do with the site plan. This has to do solely with the subdivision. aa� Southold Town Planning Board Page Twenty-Three October 1, 2001 Chairman Orlowski: As Mr. Cuddy has said, this is a hearing on the subdivision part itself. The site plan part, which actually addresses the lot - or Lot#30 - that hearing will be held on the fifteenth of this month. After discussion with the Board, we have a resolution ready for conditional approval on the subdivision. I could hold it up and not do it or I could read it off and, with conditions, you would all have a look at so, I believe it would be better if we did that right now. So, right now, I will entertain a motion to close the hearing on the subdivision. Mr. Caggiano: So move. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. I'll make the following resolution: WHEREAS, Laurel Links, Ltd. are the owners of the property known and designated as SCTM #1000-125-3-13, 15, 17 & SCTM#1000-125-4-21, 24.1 & SCTM#1000-126-7-1, located in Mattituck on the south side of SR 25, west of Bray Avenue, north of Peconic Bay Boulevard and east of Delmar Drive and zoned Agricultural Conservation; and WHEREAS, the owners have made an application to subdivide a 218.4 acre property into a 30 lot subdivision of which Lot#30 is a golf course and Lots 1 - 29 are residential subdivision lots; and WHEREAS, the Southold Town Planning Board granted preliminary approval to the Laurel Links Subdivision on June 12, 2000, subject to conditions; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8, Part 617), declared itself lead agency and issued a Negative Declaration on March 6, 2000; and WHEREAS, all mitigation measures are incorporated into the design and the operational practices; and WHEREAS, the final hearing was closed on said subdivision application at Town Hall, Southold, New York, on October 1, 2001; and WHEREAS, the Final Road and Drainage Plans, dated January 18, 2000, have been reviewed by the Town Engineering Inspector and a Performance Bond Estimate was adopted by the Town Board on September 25, 2001; and Southold Town Planning Board Page Twenty-Four October 1, 2001 WHEREAS, the lots known and designated as SCTM#1000-125-3-13, 15 & 17 were included in the total acreage for the purposes of lot yield and are to be considered part of the golf course parcel. Although SCTM#1000-125-3-13 is not shown on the final plat, it remains an integral part of the subdivision as well as the golf course site plan; and WHEREAS, a Declaration of Covenants and Restrictions will be filed with this plat, incorporating several conditions, including, but not limited to, the following: a) There shall be no further subdivision of any lot including Lot# 30, otherwise known as the golf course in perpetuity; b) The lots known and designated as SCTM#1000-125-3-13, 15, 17 shall be considered part of the golf course and shall not be sold separately from Lot #30; c) That the emergency access from Peconic Bay Boulevard may be used for access only by emergency personnel and the superintendent and his family. The gates shall be locked at all times with extra gate keys for the superintendent and for emergency/fire squad divisions, as per memo of Gerard Goehringer, Chairman, Zoning Board of Appeals, October 1, 2001. The emergency access may not be used by construction or utility vehicles and shall have a steel gate placed across it within 100' of Peconic Bay Boulevard, as per Zoning Board Decision #4624. No access shall be permitted to Birch Lane; d) That all utilities servicing this subdivision shall be underground; e) That the use of the open space noted on this plat shall be defined; f) That drainage swales as shown on the final road and drainage plan, alongside Laurel Trail, Laurel Court and Laurel Way, including those on Lots 1 through 29 shall be left undisturbed during and after residential construction; g) That this subdivision shall be subject to the policies and procedures set forth in the following agreements or programs: Integrated Turfgrass Management Program, dated December 4, 1998 Groundwater Monitoring Agreement, dated October 2001 Stormwater Pollution Prevention Plan, dated March 2001 h) That the building envelopes as shown on the final plan shall be interpreted as being the setbacks for all permitted structures whether principal or accessory; and WHEREAS, the Laurel Links Homeowner's Association, Inc. has been incorporated and its by-laws filed with the State of New York on June 22, 2001; and Southold Town Planning Board Page Twenty-Five October 1, 2001 WHEREAS, the Planning Board has determined that a cash payment in lieu of a land reservation for park and playground purposes will be required as per Section A106- 38(e) of the Town Code; and WHEREAS, the Suffolk County Department of Health Services has granted approval to this plat subject to conditions (filed as Covenants and Restrictions Liber 12134 Page 934); and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing has received affidavits that the applicant has complied with the Public Hearing Notification Provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the following conditions of approval; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated June 6, 2001, and the Final Road and Drainage Plan, dated January 18, 2001, subject to fulfillment of the following conditions. All conditions must be met within six months of the date of this resolution for the Chairman to sign: 1. The filing of a Declaration of Covenants and Restrictions incorporating the terms noted in this resolution. This Declaration must be reviewed and approved by the Planning Board prior to its filing; 2. The Liber and page number of the filed Declaration of Covenants and Restrictions shall be added to the 5 paper prints and 2 mylars of the final subdivision plat; 3. A Performance Bond in the amount of$982,333.80 shall be posted and accepted by the Town Board; 4. An Administration Fee in the amount of$55,603.80 shall be paid; 5. A Park and Playground Fee in the amount of$145,000.00 ($5,000.00 per residential lot) shall be paid; 6. Curb Cut Approval from the Department of Transportation; 7. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishings of its services and that all utilities are to be placed underground; 8. A signed contract with the Suffolk County Water Authority shall be submitted to the Planning Board; Southold Town Planning Board Page Twenty-Six October 1, 2001 9. That the owner's use of the Rail Road Crossing located between the golf course and the golf course maintenance lot, otherwise known and designated as SCTM#1000-125-3-13, is a matter between the Long Island Railroad and the owner, and this subdivision approval shall not be construed as an approval to continued use of the crossing; 10. That the ownership of the waterfront parcel be: a) conveyed in its entirety to I'm not sure what that will be — I'm thinking it's Delmar Homeowner's Association. We can note that that will be changed so it will be going to whatever name that association is right now. 11. That fencing around the drainage ponds will not be required as long as they remain private property. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Mr. Caggiano: I would like to make a comment, Mr. Chairman. Chairman Orlowski: Yes. Mr. Caqqiano: On the resolved part, where we talk about whole conditions, on whereas c - we are talking about no access shall be permitted to Birch Lane - can we add that some sort of gate or some sort of obstruction be placed there to be sure that no access will be permitted? Chairman Orlowski: Very good. (simultaneous discussion) O.K. I will amend that to say no access shall be permitted to Birch Lane and a Unidentified Speaker: You keep saying Birch Lane here. Get it right. It's Birch Drive. Birch Lane is some other place. Chairman Orlowski: I didn't write this so — Unidentified Speaker: I understand. You're reading what you're reading. Chairman Orlowski: No access shall be permitted to Birch Drive and a barricade shall be installed — Mr. Cremers: Landscaped. Chairman Orlowski: Landscaped barricade shall be installed to fulfill this. Unidentified Speaker: They're not shifting over to make another lane— make sure that it stays the way, you know— non-passable. a3o Southold Town Planning Board Page Twenty-Seven October 1, 2001 Chairman Orlowski: Non-passable. You've got it. Any other questions or comments? Hearing none, all those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. The following is the resolution, as adopted: WHEREAS, Laurel Links, Ltd. are the owners of the property known and designated as SCTM #1000-125-3-13, 15, 17 & SCTM#1000-125-4-21, 24.1 & SCTM#1000-126-7-1, located in Mattituck on the south side of SR 25, west of Bray Avenue, north of Peconic Bay Boulevard and east of Delmar Drive and zoned Agricultural Conservation; and WHEREAS, the owners have made an application to subdivide a 218.4 acre property into a 30 lot subdivision of which Lot#30 is a golf course and Lots 1 - 29 are residential subdivision lots; and WHEREAS, the Southold Town Planning Board granted preliminary approval to the Laurel Links Subdivision on June 12, 2000, subject to conditions; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8, Part 617), declared itself lead agency and issued a Negative Declaration on March 6, 2000; and WHEREAS, all mitigation measures are incorporated into the design and the operational practices; and WHEREAS, the final hearing was closed on said subdivision application at Town Hall, Southold, New York, on October 1, 2001, and WHEREAS, the Final Road and Drainage Plans, dated January 18, 2000, have been reviewed by the Town Engineering Inspector and a Performance Bond Estimate was adopted by the Town Board on September 25, 2001; and WHEREAS, the lots known and designated as SCTM#1000-125-3-13, 15 & 17 were included in the total acreage for the purposes of lot yield and are to be considered part of the golf course parcel. Although SCTM#1000-125-3-13 is not shown on the final plat, it remains an integral part of the subdivision as well as the golf course site plan; and WHEREAS, a Declaration of Covenants and Restrictions will be filed with this plat, incorporating several conditions, including, but not limited to, the following: a) There shall be no further subdivision of any lot including Lot# 30, otherwise known as the golf course in perpetuity; Southold Town Planning Board Page Twenty-Eight October 1, 2001 b) The lots known and designated as SCTM#1000-125-3-13, 15, 17 shall be considered part of the golf course and shall not be sold separately from Lot#30; c) That the emergency access from Peconic Bay Boulevard may be used for access only by emergency personnel and the superintendent and his family. The gates shall be locked at all times with extra gate keys for the superintendent and for emergency/fire squad divisions, as per memo of Gerard Goehringer, Chairman, Zoning Board of-Appeals, October 1, 2001. The emergency access may not be used by construction or utility vehicles and shall have a steel gate placed across it within 100' of Peconic Bay Boulevard, as per Zoning Board Decision #4624. No access shall be permitted to Birch Drive and a landscaped barricade shall be installed; d) That all utilities servicing this subdivision shall be underground; e) That the use of the open space noted on this plat shall be defined; f) That drainage swales as shown on the final road and drainage plan, alongside Laurel Trail, Laurel Court and Laurel Way, including those on Lots 1 through 29 shall be left undisturbed during and after residential construction; g) That this subdivision shall be subject to the policies and procedures set forth in the following agreements or programs: Integrated Turfgrass Management Program, dated December 4, 1998 Groundwater Monitoring Agreement, dated October 2001 Stormwater Pollution Prevention Plan, dated March 2001 h) That the building envelopes as shown on the final plan shall be interpreted as being the setbacks for all permitted structures whether principal or accessory; 'and WHEREAS, the Laurel Links Homeowner's Association, Inc. has been incorporated and its by-laws filed with the State of New York on June 22, 2001; and WHEREAS, the Planning Board has determined that a cash payment in lieu of a land reservation for park and playground purposes will be required as per Section A106- 38(e) of the Town Code; and WHEREAS, the Suffolk County Department of Health Services has granted approval to this plat subject to conditions (filed as Covenants and Restrictions Liber 12134 Page 934); and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing has received affidavits that the applicant has complied with the Public Hearing Notification Provisions; and Southold Town Planninq Board Page Twenty-Nine October 1, 2001 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the following conditions of approval; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated June 6, 2001, and the Final Road and Drainage Plan, dated January 18, 2001, subject to fulfillment of the following conditions. All conditions must be met within six months of the date of this resolution for the Chairman to sign: 1. The filing of a Declaration of Covenants and Restrictions incorporating the terms noted in this resolution. This Declaration must be reviewed and approved by the Planning Board prior to its filing; 2. The Liber and page number of the filed Declaration of Covenants and Restrictions shall be added to the 5 paper prints and 2 mylars of the final subdivision plat; 3. A Performance Bond in the amount of$982,333.80 shall be posted and accepted by the Town Board; 4. An Administration Fee in the amount of$55,603.80 shall be paid; 5. A Park and Playground Fee in the amount of$145,000.00 ($5,000.00 per residential lot) shall be paid; 6. Curb Cut Approval from the Department of Transportation; 7. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishings of its services and that all utilities are to be placed underground; 8. A signed contract with the Suffolk County Water Authority shall be submitted to the Planning Board; 9. That the owner's use of the Rail Road Crossing located between the golf course and the golf course maintenance lot, otherwise known and designated as SCTM#1000-125-3-13, is a matter between the Long Island Railroad and the owner, and this subdivision approval shall not be construed as an approval to continued use of the crossing; 10. That the ownership of the waterfront parcel be conveyed in its entirety to the Delmar Homeowner's Association or whomever is the rightful owner; 11. That fencing around the drainage ponds will not be required as long as they remain private property. Southold Town Planninq Board Page Thirty October 1, 2001 Chairman Orlowski: This hearing on the fifteenth will be on the site plan. The site plan consists of Lot#30. It is a hundred and fifty seven acres. It will be here. Thank you for coming. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Chairman Orlowski: Rushin/Mottley- This proposed set-off is for 2 lots on 3.4218 acres. The property contains 2 existing dwellings and is located within the R-80 Zoning District. Area variances with respect to lot lines, lot size and setbacks of existing buildings have been granted by the ZBA. The property is located on the south side of Indian Neck Lane in Peconic. SCTM#1000-86-7-5 What is the Boards pleasure on this? Mr. Caggiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed set-off is for 2 lots on 3.4218 acres, each with an existing dwelling, located on the south side of Indian Neck Lane in Peconic; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 10, 2001; and WHEREAS, conditional final approval was granted subject to submission of two mylars and five paper prints stamped with Suffolk County Health Department approval; and WHEREAS, said mylars and paper prints have been submitted; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated February 2, 2001, and authorize the Chairman to endorse the maps. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** R Southold Town Planning Board Page Thirty-One October 1, 2001 Chairman Orlowski: John Sidor- This minor subdivision is for 3 lots on 21.97 acres. The Development Rights were purchased by.the Town on the 13.296 acres of Lot No. 3. The property fronts on the north side of CR 48 and the south side of Wickham Ave. in Mattituck. SCTM#1000-107-10-6 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the final survey dated March 7, 2001, for the John Sidor Minor Subdivision, was endorsed by the Planning Board Chairman on June 11, 2001; and WHEREAS, as per a letter from Abigail Wickham, Esq., dated September 20, 2001, the maps were not filed at the County Clerk's Office due to delays with the title company; be it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to re- endorse the final surveys dated March 7, 2001. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Catherine Sidor- This proposal includes 2 lot line changes and a clustered set-off. The lot line changes are to subtract 33,273 sq. ft. from the original 21.08 acre parcel and to add 13,172 sq. ft. to an adjacent parcel to the west and 20,101 sq. ft. to an adjacent parcel to the east. The lot to be set off is 0.966 acres. The ` Development Rights were purchased by the Town on the remaining 19.347 acres. The . property fronts on the north side of CR 48, the east side of Mary's Rd. and the south side of Wickham Ave. in Mattituck. SCTM#1000-107-10-1, 3 & 4 i Mr. Caggiano: Mr. Chairman, I'll offer the following: WHEREAS, the final survey dated March 7, 2001, for the Catherine Sidor Set-Off/Lot Line Change, was endorsed by the Planning Board Chairman on May 29, 2001; and WHEREAS, as per a letter from Abigail Wickham, Esq., dated September 20, 2001, the { maps were not filed at the County Clerk's Office due to delays with the title company; be s it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to re- endorse the final surveys dated March 7, 2001. r 4 Southold Town Planning Board Page Thirty-Two October 1, 2001 Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? i t A es: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. `. Chairman Orlowski: Opposed? The motion carries. SITE PLANS Extensions: Chairman Orlowski: Richard Corazzini —This site plan is for a 2,520 sq. ft. storage building at an existing asphalt company. The property is located on Cox Lane in Cutchogue. SCTM#1000-84-1-26.2 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board grant a retroactive extension of site plan approval from April 6, 2001 to November 6, 2002. Site Plan approval was granted on April 6, 1998. { i Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? f Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. There is nothing left on my agenda. If anybody would like to talk at the meeting and put anything on the minutes, be my guest. If not, I'll entertain a motion to adjourn. (No one asked to be heard.) Mr. Latham: So move. Mr. Cremers: Second. There being no further business to come before the Board, the meeting was adjourned at 6:10 Respectfully submitte , Bennett 0& Jr., Cha m n Carol Kalin Barbara Rudder t